HomeMy WebLinkAboutMAY 10, 2022 SPECIAL SESSION MINUTES g1A-134 Z
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 10, 2022
Mayor Robert M. Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 10, 2022, at 6.00 P.M
Council Members Present:
Michael F. Berlucchi (WebEx from Encinitas, CA), Linwood O.
Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"
Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K.
Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Absent:
None
2
MAYOR'S CALL FOR
SPECIAL FORMAL SESSION
ITEM#72835
6:00 P.M.
"May 5, 2022
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 10,2022 at 6:00 P.M.
City Council Chamber
Building 3 (Formerly Building 1)2"d Floor
2403 Courthouse Drive'
The purpose of this SPECIAL FORMAL SESSION is to allow City Council to consider the
following as listed in the published agenda:
1. Amend City Code Section 18-5.2(Deferred from December 14,2021);
2. Transfer funds and Authorize Sponsorship Agreements with TEAM LAMB, LLC
and VIRGINIA AFRICAN AMERICAN CULTURAL CENTER, INC. re
Juneteenth events;
3. FY2022-2023 RESOURCE MANAGEMENT PLAN
A. Reconciled Proposal (Operating Budget, Capital Improvement
Program Budget, and related ordinances);or
B. Council Member Moss' Proposal (FY2022-23 Operating Budget,
Capital Improvement Program Budget,and related ordinances).
Citizens may comment either in person or virtually. If you would like to speak in person,please
call the City Clerk's office at 757-385-4303 to sign up.
If you wish to make comments virtually on an item,please follow the two-step process provided
below:
1. Register for the WebEx at:
https://vbgov.webex.com/vbgov/onstage/g.php?MTID=eb2ab37602a8c955ad734
6943ca328d68
2. Register with the City Clerk's Office by calling(757) 385-4303 or via email at
ABarnes@vbgov.com prior to 5:00 p.m. on May 10, 2022.
' To accommodate the move to New City Hall,the address of the former City Hall was changed from 2401
Courthouse Drive to 2403 Courthouse Drive.
May 10, 2022
3
MAYOR'S CALL FOR
SPECIAL FORMAL SESSION
ITEM#72835
(Continued)
This Special Formal Session will be streamed live on Cable TV, ii•ww.vbgov.corn and
Facebook Live, and will be recorded for rebroadcast on Cable TV Citizens are encouraged to
submit their comments to the City Council prior to the meeting via email at
CityCouncil@vbgov.com.
Sincerely,
Robert M. Dyer
Mayor"
cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
May 10, 2022
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ROBERT M."BOBBY"DYER MUNICIPAL CENTER
MAYOR BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VA 23456-9000
1
May 5, 2022 FAX(757)3385-5 999
BDYEROVBGOV.COM
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 10,2022 at 6:00 P.M.
City Council Chamber
Building 3 (Formerly Building 1)2"d Floor
2403 Courthouse Drive'
The purpose of this SPECIAL FORMAL SESSION is to allow City Council to consider the following as
listed in the published agenda:
1. Amend City Code Section 18-5.2 (Deferred from December 14,2021);
2. Transfer funds and Authorize Sponsorship Agreements with TEAM LAMB, LLC and
VIRGINIA AFRICANAMERICAN CULTURAL CENTER,INC. re Juneteenth events;
3. FY2022-2023 RESOURCE MANAGEMENT PLAN
A. Reconciled Proposal (Operating Budget, Capital Improvement Program
Budget, and related ordinances); or
B. Council Member Moss' Proposal (FY2022-23 Operating Budget, Capital
Improvement Program Budget, and related ordinances).
Citizens may comment either in person or virtually. If you would like to speak in person,please call the
City Clerk's office at 757-385-4303 to sign up.
If you wish to make comments virtually on an item,please follow the two-step process provided below:
1. Register for the WebEx at:
https://vbgov.webex.com/vbgov/onstage/g.php?MTID=eb2ab37602a8c955ad7346943ca328d68
2. Register with the City Clerk's Office by calling(757)385-4303 or via email at ABarnes@a,vbgov.com
prior to 5:00 p.m. on May 10, 2022.
This Special Formal Session will be streamed live on Cable TV, www.vbgov.com and Facebook Live, and
will be recorded for rebroadcast on Cable TV Citizens are encouraged to submit their comments to the
City Council prior to the meeting via email at CityCouncil@vbgov.com.
Sincerely,
Robert M. Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
1 To accommodate the move to New City Hall,the address of the former City Hall was changed from 2401
Courthouse Drive to 2403 Courthouse Drive.
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MICHAEL F.BERLUCCHI CELL:(757)407-5105
COUNCIL MEMBER EMAIL:mberlucc(a�vbgov.com
DISTRICT 3-ROSE HALL
May 3, 2022
Honorable Mayor Robert "Bobby" M. Dyer
Building 1, Room 2017
2401 Courthouse Drive
Virginia Beach, Virginia 23456
City Clerk Amanda Barnes
Building 1, Room 2116
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Dear Mayor and Ms. Barnes,
I am writing to inform you that I will not be able to attend the May 10 meeting of City Council in
person because I will be travelling to Encinitas, California, to provide care for a family member who
is experiencing a personal and medical emergency. While I will not be at the meeting in person, I
will participate virtually as provided for through the Policy for Remote Participation by Council
Members in Council Meetings.
Thank you.
Sincerely,
Michael F. Berlucchi
Virginia Beach City Council Member
cc: Members of City Council
City Attorney
City Manager
FOIA Officer
2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VIRGINIA 23456
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N D.'ROCKY"HOLCOMB CELL PHONE:(757)416-2343
COUNCIL MEMBER March 22, 2022 rholcombCvbgov.com
DISTRICT 2-KEMPSVILLE
In Reply Refer to 0075507
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
1. I am executing this written disclosure regarding the City Council's vote on the
operating and capital budgets for FY22-23.
2. In addition to the City of Virginia Beach, the budget will provide funding to other
entities, including the Virginia Beach Sheriffs Office, other constitutional offices,
and Virginia Beach City Public Schools. I am employed by the Virginia Beach
Sheriffs Office (VBSO), and I therefore have a personal interest in the VBSO.
3. I am a member of a group employees of VBSO—and I am able to participate in
the Council's consideration of the operating and capital budgets fairly, objectively,
and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
27.0 hi
N.D. Rocky Holcomb
Councilmember
NDH/RRI
2401 COURTHOUSE DRIVE,SUITE 281,VIRGINIA BEACH,VA 23456
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JOHN MOSS March 22, 2022 PHONE (757) 363-7745
COUNCILMAN AT LARGE JDMOSS A VBGOV COM
In Reply Refer to 0075505
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the State and Local Government Conflict of Interests Act, I make the following
declaration:
I. I am executing this written disclosure regarding the City Council's vote on the
operating and capital budgets for FY22-23.
2. In addition to the City of Virginia Beach, the budget will provide funding to other
entities, including Virginia Beach City Public Schools(VBCPS)and constitutional
offices. My wife is employed by VBCPS, and I therefore have a personal interest
in VBCPS.
3. I am a member of a group—employees of VBCPS and their immediate family
members—and I am able to participate in the Council's consideration of the
operating and capital budgets fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Si ere ,
Jphn D. Moss
ouncilmember
JDM/RRI
4109 RICHARDSON ROAD,VIRGINIA BEACH,VIRGINIA 23455
4
ITEM—II.1
ORDINANCES
ITEM#72836
After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Holcomb, to
INDEFINITELY DEFER Ordinances to AMEND City Code Section 18-5.2 re business license fees and
taxes and provide Revenue Offsets(Deferred from December 14, 2021)
Council Member Tower then made a SUBSTITUTE MOTION, seconded by Council Member Moss, to
DEFER TO SEPTEMBER 2, 2022, Ordinances to AMEND City Code Section 18-5.2 re business license
fees and taxes and provide Revenue Offsets (Deferred from December 14, 2021)
Voting: 5-6(MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
Barbara M. Henley, John D. Moss, Aaron R. Rouse, Guy K. Tower
and Sabrina D. Wooten
Council Members Voting Nay:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
N. D. "Rocky"Holcomb, Louis R. Jones and Vice Mayor Rosemary
Wilson
Council Members Absent:
None
May 10, 2022
5
ITEM—IL]
ORDINANCES
ITEM#72836
(Continued)
Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council INDEFINITELY
DEFERRED Ordinances to AMEND City Code Section 18-5.2 re business license fees and taxes and provide
Revenue Offsets (Deferred from December 14, 2021)
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Guy
K. Tower and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
John D. Moss, Aaron R. Rouse and Sabrina D. Wooten
Council Members Absent:
None
May 10, 2022
6
ITEM—II.2a
ORDINANCES
ITEM#72837
Upon motion by Council Member Wooten, seconded by Council Member Tower, City Council ADOPTED
Ordinance to TRANSFER from City Council Reserve for Emergent Needs to the FY2021-22 Convention and
Visitors Bureau Operating Budget:
a. $15,000 and AUTHORIZE the City Manager to EXECUTE a
Sponsorship Agreement with TEAM LAMB, LLC re support
Juneteenth at the Beach (Deferred from May 3, 2022)
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, N. D. "Rocky"
Holcomb,Louis R.Jones,Aaron R. Rouse, Guy K. Tower, Vice Mayor
Rosemary Wilson and Sabrina D. Wooten
Council Members Voting Nay:
Linwood O. Branch, Barbara M. Henley and John D. Moss
Council Members Absent:
None
May 10, 2022
REQUESTED BY MAYOR DYER AND COUNCIL MEMBERS BERLUCCHI, ROUSE,
TOWER, AND WOOTEN
1 AN ORDINANCE TO TRANSFER FUNDS AND TO
2 AUTHORIZE THE CITY MANAGER TO EXECUTE A
3 SPONSORSHIP AGREEMENT WITH TEAM LAMB,
4 LLC, AND TO SUPPORT JUNETEENTH AT THE
5 BEACH
6
7 WHEREAS, Juneteenth was recognized by the City formally in 2019, and by
8 ordinance adopted in June 2021, Juneteenth is a holiday for City employees;
9
10 WHEREAS, TEAM LAMB, LLC, has scheduled a three-day event on June 17 —
11 June 19, 2022 called "Juneteenth at the Beach" (the "Festival");
12
13 WHEREAS, TEAM LAMB, LLC, has offered the City an opportunity to be a
14 sponsor of the Festival with a proposed sponsorship fee of $15,000;
15
16 WHEREAS, by being a sponsor, the City will receive (8) premium banner space
17 (6' x 2'), a brand ID link on web page with full header, access for (8) to VIP — Sponsor
18 Event, full page ad in festival brochure (3" x 8"), brand ID on all print media, brand ID on
19 social and digital media, brand ID on LED video wall onsite, and 10 x 30 activation
20 space, a copy of the sponsorship brochure is attached hereto; and
21
22 WHEREAS, the City support of Juneteenth and this Festival is aligned with the
23 celebratory spirit of the occasion for the residents of the City;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, THAT:
27
28 1 . The City Manager is hereby authorized to execute a sponsorship agreement
29 between the City and TEAM LAMB, LLC, in a form acceptable to the City
30 Manager and approved by the City Attorney, consistent with the attached TEAM
31 LAMB, LLC, Exhibit A, summary of material terms.
32
33 2. $15,000 is hereby transferred from the City Council Reserve for Emergent Needs
34 to the Operating Budget of the Convention and Visitors Bureau in furtherance of
35 the City's sponsorship of the Festival.
Adopted by the Council of the City of Virginia Beach, Virginia on the loth day
of May , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
is ity Attorney
CA15774/ R-1 (TEAM LAMB)/ May 3, 2022
TEAM LAMB, LLC., EXHIBIT A
SUMMARY OF MATERIAL TERMS
TYPE OF AGREEMENT: Sponsorship
EVENT: "Juneteenth at the Beach"
PARTIES: TEAM LAMB, LLC ("Promoter")
City of Virginia Beach("City")
Sponsorship fee: $15,000
Responsibilities of the Promoter:
Create a festival substantially as presented in the attached Juneteenth at the Beach Sponsorship
Brochure. The Promoter is to secure all necessary permits,licenses,and insurance required for the
Festival. The Promoter is to provide the City with binding commitments for other financial
sponsors,entertainment acts,events,food trucks,and other features and attractions of the Festival.
Provide the City with the "Standard Sponsor Benefits" listed on page 4 of the Juneteenth at the
Beach Sponsorship Brochure.
Responsibilities of the City:
The City to pay a half of the sponsorship fee upon execution. Upon the Promoter completing the
above responsibilities,the City to provide a payment of the other half of the sponsorship fee.
Coordination with the Virginia African American Cultural Center,Inc.(VAACC):
The City desires the Promoter coordinate with VAACC executing a successful Juneteenth
Weekend.
Additional Responsibilities of the Promoter after the Event:
Provide Festival attendance and sponsor information to City to allow the City to review economic
impact, and the provision of such information is a precondition to the City's potential future
sponsorship of the Festival.
7
ITEM—II.2b
ORDINANCES
ITEM#72838
Upon motion by Council Member Tower, seconded by Council Member Rouse, City Council ADOPTED
Ordinance to TRANSFER from City Council Reserve for Emergent Needs to the FY2021-22 Convention and
Visitors Bureau Operating Budget:
b. $69,450 and AUTHORIZE the City Manager to EXECUTE a
Sponsorship Agreement with the Virginia African American Cultural
Center, Inc. (VAACC) re support Unity in the Community Art Walk
along the Boardwalk (Requested by Mayor Dyer and Council
Members Berlucchi, Rouse, Tower, and Wooten)
Voting: 9-2
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K.
Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten
Council Members Voting Nay:
Barbara M. Henley and John D. Moss
Council Members Absent:
None
May 10, 2022
REQUESTED BY MAYOR DYER AND COUNCIL MEMBERS BERLUCCHI, ROUSE,
TOWER, AND WOOTEN
1 AN ORDINANCE TO TRANSFER FUNDS AND TO
2 AUTHORIZE THE CITY MANAGER TO EXECUTE A
3 SPONSORSHIP AGREEMENT WITH THE VIRGINIA
4 AFRICAN AMERICAN CULTURAL CENTER, INC., TO
5 SUPPORT UNITY IN COMMUNITY ART WALK
6 ALONG THE BOARDWALK
7
8 WHEREAS, Juneteenth was recognized by the City formally in 2019, and by
9 ordinance adopted in June 2021 , Juneteenth is a holiday for City employees;
10
11 WHEREAS, the Virginia African American Cultural Center, Inc. (VAACC), in
12 partnership with the ViBe Creative District has proposed Unity in Community Public Art
13 Walk along the Boardwalk ("Unity in Community") to provide inclusive public art starting
14 Juneteenth Weekend;
15
16 WHEREAS, the VAACC has requested City support of $69,450, which will allow
17 15 mural frames to be installed and painted along the railing at the Virginia Beach
18 Boardwalk;
19
20 WHEREAS, the City support of Juneteenth and this Festival is aligned with the
21 celebratory spirit of the occasion for the residents of the City;
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, THAT:
25
26 1. The City Manager is hereby authorized to execute a sponsorship agreement
27 between the City and the VAACC in a form acceptable to the City Manager and
28 approved by the City Attorney, consistent with the attached VAACC Exhibit A,
29 summary of material terms.
30
31 2. $69,450 is hereby transferred from the City Council Reserve for Emergent Needs
32 to the Operating Budget of the Convention and Visitors Bureau in furtherance of
33 the City's sponsorship of Unity in Community.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10 t h day
of Ni„ , 2022.
APPROVED AS TO LEGAL SUFFICIENCY:
6D
Office the City Attorney
CA15774/ R-1 (VAACC)/ May 3, 2022
VAACC EXHIBIT A
SUMMARY OF MATERIAL TERMS
TYPE OF AGREEMENT: Sponsorship
EVENT: "Unity in Community Art Walk along the Boardwalk"("Event")
PARTIES: Virginia African American Cultural Center("Promoter")
City of Virginia Beach("City")
Sponsorship fee: $69,450
Responsibilities of the Promoter:
Create an inclusive public art installation substantially as presented in the attached Unity in
Community Powerpoint with support at the amount needed for 15 mural frames. The Promoter is
to secure all necessary permits, licenses, and insurance required for the Festival. The Promoter is
to provide the City with copies of its "call for artists" and any details to assist the VB Public Art
Committee to support the Event. Provide the City with recognition in printed materials and press
releases related to the Event.
Responsibilities of the City:
The City to pay a half of the sponsorship fee upon execution. Upon the Promoter completing the
above responsibilities,the City to provide a payment of the other half of the sponsorship fee.
Coordination with TEAM LAMB,LLC:
The City desires the Promoter coordinate with TEAM LAMB, LLC in executing a successful
Juneteenth Weekend.
Additional Responsibilities of the Promoter after the Event:
Provide Event attendance and sponsor information to City to allow the City to review economic
impact,and the provision of such information is a precondition to the City's potential future
sponsorship of the Event.
8
ITEM—II.3.a.1
ORDINANCES
ITEM#72839
The following registered to speak:
Barbara Messner, P. O. Box 514—spoke in OPPOSITION
Rona Marsh, 4382 Lynnville Crescent, Phone: 270-7900, did not respond
Jerome Bell, 3805 Coyote Circle, Phone: 318-1306, did not respond
Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION
Alfred McClenny, 936 Aragona Boulevard, spoke in SUPPORT of employee wage increases
Craig Hensen, 1825 Garden Drive, Phone: 377-5270, spoke in SUPPORT of disabled tax relief
Delceno Miles, 5101 Cleveland Street, Phone: 705-3730, spoke in SUPPORT of funding for the ViBe District
Andy Baan, 2711 Point Ana Drive,Phone: 708-5229,spoke in SUPPORT of Council Member Moss's proposed
budget
Dr. William L. Duke, 2032 Grey Fox Lane, Phone: 581-0178, spoke in SUPPORT of Council Member Moss's
proposed budget
Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke in SUPPORT of Council Member Moss's
proposed budget
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT of Council Member Moss's
proposed budget
Cory Hill, 2712 Broad Bay Road, Phone: 619-2033, spoke in SUPPORT of Council Member Moss's proposed
budget
After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Branch, to
ADOPT the FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL—Operating
Budget Ordinances 1-6 and Capital Budget Ordinances 1-4
Council Member Moss, then made a SUBSTITUTE MOTION, seconded by Council Member Henley, to
ADOPT COUNCIL MEMBER MOSS'PROPOSAL —FY2022-23 Operating Budget Ordinances 1-3 and
Capital Budget Ordinance 1 (Incorporates ten (10) Ordinances from the Reconciled Proposal: II.3.A. a. - 4,
5(a-e), and 6II.3.A. b -2, 3 and 4)
Council Member Moss provided a presentation and copies of documents, "City of Virginia Beach, Virginia
Fiscal Years 2022 through 2027 Capital Improvement Program Project Cost and Means of Finance
Summary" and "City of Virginia Beach, Virginia Fiscal Years 2023 through 2028 Capital Improvement
Program Project Cost and Means of Finance Summary", attached hereto and made a part of the record.
May 10, 2022
9
ITEM—II.3.a.1
ORDINANCES
ITEM#72839
(Continued)
Voting: 1-10(MOTION FAILED DUE TO A NEGATIVE VOTE)
Council Members Voting Aye:
John D. Moss
Council Members Voting Nay:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower, Mayor Rosemary Wilson and Sabrina D.
Wooten
Council Members Absent:
None
May 10, 2022
Pro Working Families ,
Seniors , Employees
and Businesses
FY 2022 - 2023
Budget Proposal
Council Member At-Large/District Nine, John D. Moss
Some say my proposal
"guts" the budget .
I say the proposed 8 . 66% real
estate tax rate increase by my
peers, hands residents a
punishing tax bill , while they
are financially drowning .
Council Member At-Large/District Nine, John D. Moss
Summary of the 91 cents Revenue Neutral
Real Estate Tax Rate Budget Proposal
• Keeps ^'$ 69 . 8 million in the
hands of Beach residents .
• Invests an additional $ 11 . 25
million in employee
compensation
Council Member At-Large/District Nine, John D. Moss
Summary of the $ 11 . 25 million in additional
investment in employee compensation
• $5 million for critical recruitment/retention
bonuses
• $6.25 million for one-time cash bonuses to bring
all fulltime employees up to $ 15 an hour for all
hours worked in the current budget year
• $ 11 . 25 million added to $32.8 million in the CM's
budget brings the total to $44.05 million for city
employee compensation
Council Member At-Large/District Nine, John D. Moss
FY 2022-2023 Operating Budget &capital Improvement Program Options by Real Estate Tax Rate
Revenue Neutral Real Estate Tax City Manager's Recommended Mayor's Proposed Reconciliation Council Member John Moss's
Rate(lowered rate) as established Budget Budget proposed budget
by State Law=$0.9117
Proposed real estate tax rate $1.013 $0.99 $0.9117
Value delta from the revenue $0.1013 $0.07883 0
neutral real estate tax rate
Percent change from the revenue 11.32% 8.66% 0%
neutral real estate tax rate
Approximate additional dollars $68.9 million $58.9 million $0
taken from property owners City-
wide with one- penny of real estate
tax (collected) equaling an
estimated $6.8 million
Tax increase to fund first year life $0.023 with the balance of the $28 Oral representation by the Vice Defers implementation of life cycle
cycle cost requirement to finance million coming from within the Mayor is that $0.041 flood bond cost requirement by paying the first
year-once of Flood Prevention Bond revenue generated with a real referendum will added on top of an year$28 million dollar requirement
Referendum equal to$28 million estate tax rate of$0.99 per the increase to a base increase to$0.95 with provided by offsets
$0.023 increase that sums to a $0.99 tax increase identified in the offset table.
Council Member Moss's path to a
Real Estate Tax Rate of $ 0 . 9117
• Reinstate the School Board's approved May 21 CIP —
recover N$43.9M in prior year cash surplus appropriated
to School Board on February 1, 2022 (ill conceived move)
➢ No acceleration of school construction
➢ Elimination of Astroturf installs
➢ Defer new payroll accounting system
• Eliminate Council discretion fund - $7M
• Eliminate fuel contingency plan - $5M
• Eliminate Pay Go for Parks - $1M
• Town Center TIF surplus - ^'1.7M
• Eliminate funding unrealistic on-board counts - $22M
Why is the City Manager's Recommended
Budget On - board Count Unrealistic ?
• The current bi-weekly vacancy rate for General Fund appropriated position in
the FY 2021 — FY 2022 budget is 13.9 percent.
• The City Manager's FY 2022-2023 budget was built on an average vacancy rate
of 1.6 percent to attributed in his Executive Summary as requirement growth
reduction.
• The City Manager's and the Mayor's Reconciliation Proposal for the FY 2022-
2023 budget builds in a $22 million surplus by over funding the historically
achieved on-board count by 4.4%. This $22 million is invested as cash in the
FY 2023-2024 year of the CIP. The source of the cash a year from now was
confirmed by the City's Budget Director has coming from forecasted under
execution of the FY 2022-2023. $22 million equates to additional average
vacancy rate of 4.4 percent.
• One could question, if increasing the average on-board count from 86.1% to an
average of 94% for an increase of 7.9% over the next twelve months is doable.
Final Summary of Accounts
91-cents Revenue Neutral Real State Tax Rate
• Required ' $ 69 . 8 million in offset identified
• Additional "'$ 11 . 25 million in offsets allocated
to increase total appropriation for
compensation from $ 32 . 8 million to $44 .05
million
• Funded the first-year "$ 28 million for flood
prevention referendum with cash , deferring a
real estate tax of 4. 1 percent for a year
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Fiscal Years FY22 through FY27 Capital Improvement Program
Project:PG601028 'Title:B.F.Williams Elementary/Bayside 6th(Grades 4-6)Replacement Status:Approved
Category:Schools Department:Public Education
Project Type Project Location
Project Type:Rehabilitation/Replacement District:Kempsville
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future
68,387,500 - - 2,000,000 4,000,000 31,412,277 21,300,000 9,675,223
Description and Scope
This project will fund the replacement of Bettie F.Williams Elementary School with a facility of approximately 145,000 sf that can accommodate the
current 4th and 5th grade students along with the students attending the Bayside 6th Grade Campus.
Purpose and Need
Bettie F.Williams Elementary School,originally built in 1961,and the Bayside 6th Grade Campus,originally built in 1957,can no longer adequately
accommodate the required instructional programs,as a result,both facilities are in need of replacement. This combined school will house grades 4
through 6 and will be built on the current Bettie F.Williams site.The new building is estimated to be 140,000 square feet.
History and Current Status
This project first appeared in the FY 2019-20 CIP.
Operating Budget Impact Comments
This project will create savings in the Schools'operating budget.
FY22 FY23 FY24 FY25 FY26 FY27
Total Operating Budget Impacts - - - - - -
Total FTE - - - - - -
Project Map Schedule of Activities
} I' 77 ,,-"' Project Activities From-To Amount
Sd
! i `f.e Inspections and Support 07/28-09/28 300,000
_�• . «„ .ti r �o,Ncs an ' g Design 07/26-09/28 4,372,500
�6�W ' .-...
*Eir ` f a �, Furniture and Fixtures 01/28-09/28 2,500,000
< '' 0
41 • Construction 07/25-09/28 58,300,000
_z > - 1.SS �_ Contingencies 07/26-09/28 2,915,000
6 - - t . 1 r., 3y ,
il
4 I Total Budgetary Cost Estimate: 68,387,500
'':::::Titif -,,. .
i_ •,: Means of Financing
y
h - •,t - Funding Subclass Amount
: ''-' F4At.,- Local Funding 68,387,500
s
t .'4 `>J Total Programmed Financing: 68,387,500
.� •� - :fit ,
� , g
-, i 4. .2 Total Non Programmed Financing:
• . . . , ,,,:% .j3_�y u X-- ,� , - `' s' r`°,*• ` Total Funding: 68,387,500
Fiscal Year 2021-2022 32 Capital Projects
Fiscal Years FY22 through FY27 Capital Improvement Program
Project:PG601015 'Title:Princess Anne High School Replacement 'Status:Approved
Category:Schools Department:Public Education
Project Type Project Location
Project Type:Rehabilitation/Replacement ►istrict:Lynnhaven
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY22 FY23 FY24 FY25 FY26 FY27 Future
162,650,000 43,462,277 45,550,000 36,050,000 32,800,000 4,787,723 -
Description and Scope
This project is for the replacement of Princess Anne High School.
Purpose and Need
Princess Anne High School,originally built in 1954,can no longer adequately house the required instructional programs,and the facility is in need of
replacement.This project will extend the useful life of the facility by 80 to 100 years.
History and Current Status
This project first appeared in the FY 2008-09 CIP.This project was unfunded and completion date delayed by the School Board on March 15,2011.In the
FY 2014-15 CIP,first year funding was shifted to FY 2019-20.In FY 2020-21,City Council appropriated$7,053,277 of Reversion funds to this project.
Operating Budget Impact Comments
Not Applicable.
FY22 FY23 FY24 FY25 FY26 FY27
Total Operating Budget Impacts - - - - - -
Total FTE - - - - - -
Project Map Schedule of Activities
!kLiWr :, ;•�rf.., ? • . •*�: ' •r?1 Project Activities From-To Amount
v..,.. • ,,-r., + ;,�,„'F r _ ,,� - L� �i Inspections and Support 01/21-09/27 400,000
Zt-
.,(`� ,�r�, t. :�IT Design 01/21-09/27 10,890,000
,.'I i. 4i '1% 4 iq'R. j -..,6' .i*.' �ijw .,i1 Furniture and Fixtures 01/27-09/27 7,000,000
W.7
r r �, y� «;�y.� .a'AV; Construction 07/24-03/27 137,100,000
-.. !_- 9 '�,�, •• -, . '*- `,,,3. q Contingencies 01/21 09/21 7,260,000
tn ?' ..4';c•.„ ., r • ?-t!®a Total Budgetary Cost Estimate: 162,650,000
LCl-
!.pi
Ya - ,•
S `
• r � _,it: 0, . Q Means of Financing
O s� c , J.
.g.I 7 2 - ,IrI'--1 " ' Q_ j Funding Subclass Amount
: •
X. • -:� ' ,T I' l .y- ;i— Local Funding 162,650,000
,VIRGINIA BEACH B VIA,
�''7 ._ Total Programmed Financing: 162,650,000
w. ? Total Non-Programmed Financing:
e `; - '4 _., «y � -er i! Total Funding: 162,650,000
Fiscal Year 2021-2022 38 Capital Projects
, .
0 o Sci
- �� City of Virginia Beach,Virginia
111 Fiscal Years 2023 through 2028 Capital Improvement Program
Project Cost and Means of Finance Summary
Un-Appropriated Subsequent Years Total
Appropriations FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 Programmed
Project#and Project Title/Funding Source
to Date Budget Budget Budget Budget Budget Budget Costs
Capital Projects
Schools Projects
PG601028:B.F.Williams Elementary/Bayside 6th(Grades 4-6)Replacement 7,500,000 11,500,000 4,000,000 21,412,277 21,300,000 2,675,223 - 68,387,500
PG601029:Bayside High School Replacement 2,000,000 13,396,675 4,500,000 4,500,000 10,500,000 26,874,777 26,825,000 88,596,452
PG601022:Elementary School Playground Equipment Replacement 2,334,737 250,000 250,000 250,000 250,000 250,000 250,000 3,834,737
PG601016:Energy Performance Contracts-Phase II 30,000,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,000,000 44,500,000
PG601026:Lynnhaven Middle School Expansion(Achievable Dream) 13,850,000 - - - - - - 13,850,000
PG601032:Phone System Replacement 7,266,223 - - - - - 7,266,223
PG601015:Princess Anne High School Replacement 89,012,277 34,050,000 28,800,000 10,787,723 - - - 162,650,000
PG601001:Renovation and Replacement Energy Management/Sustainability 11,275,000 1,900,000 2,150,000 2,500,000 2,900,000 3,400,000 4,000,000 28,125,000
PG601017:Renovations and Replacements-Grounds III 14,637,886 1,800,000 1,900,000 2,000,000 2,100,000 2,200,000 2,300,000 26,937,886
PG601018:Renovations and Replacements-HVAC III 31,208,316 8,500,000 9,200,000 10,000,000 10,900,000 11,900,000 13,000,000 94,708,316
PG601019:Renovations and Replacements-Reroofing III 16,650,000 5,500,000 6,000,000 6,600,000 7,250,000 8,000,000 9,000,000 59,000,000
PG601027:Renovations and Replacements-Safe School Improvements 400,000 200,000 200,000 200,000 200,000 200,000 200,000 1,600,000
PG601020:Renovations and Replacements-Various III 12,725,000 3,400,000 2,600,000 2,850,000 3,200,000 3,600,000 4,000,000 32,375,000
PG601030:Replacement Payroll System 4,382,407 - - - - - - 4,382,407
PG601031:School Bus and White Fleet Replacement 7,713,000 - - - - - 7,713,000
PG601002:Tennis Court Renovations-Phase II 1,600,000 200,000 200,000 200,000 200,000 200,000 225,000 2,825,000
Total 252,554,846 83,196,675 62,300,000 63,800,000 61,300,000 61,800,000 61,800,000 646,751,521
Means of Financing
ADT Local Funding 245,504,846 - - - - - - 245,504,846
Pay-As-You-Go-General Fund - - - - - - - -
Pay-As-You-Go-Schools - 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,000,000 13,000,000
Pay-As-You-Go-Parks and Recreation Fd-Ref - - - - - - - -
Fund Balance-Other - 11,000,000 11,000,000 12,000,000 12,000,000 12,000,000 12,000,000 70,000,000
State Contribution - 21,396,675 - - - - - 21,396,675
Sale of Property 7,050,000 - - - - - - 7,050,000
Public Facility Bonds - 15,000,000 15,000,000 15,000,000 12,000,000 12,000,000 12,000,000 81,000,000
Charter Bonds - 32,300,000 32,300,000 32,300,000 32,300,000 32,300,000 32,300,000 193,800,000
Energy Performance Contract - 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 2,500,000 15,000,000
Total 252,554,846 83,196,675 62,300,000 63,800,000 61,300,000 61,800,000 61,800,000 646,751,521
Fiscal Year 2023-2028 15 Schools
•
Fiscal Years FY23 through FY28 Capital Improvement Program
Project:PG601028 "Title:B.F.Williams Elementary/Bayside 6th(Grades 4-6)Replacement 'Status:Proposed
Category:Schools Department:Public Education
Project Type Project Location
Project Type:Rehabilitation/Replacement ,istrict:4
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future
68,387,500 7,500,000 11,500,000 4,000,000 21,412,277 21,300,000 2,675,223 -
Description and Scope
This project will fund the replacement of Bettie F.Williams Elementary School with a facility of approximately 145,000 sf that can accommodate the
current 4th and 5th grade students along with the students attending the Bayside 6th Grade Campus.
Purpose and Need
Bettie F.Williams Elementary School,originally built in 1961,and the Bayside 6th Grade Campus,originally built in 1957,can no longer adequately
accommodate the required instructional programs.As a result,both facilities are in need of replacement. This combined school will house grades 4
through 6 and will be built on the current Bettie F.Williams site.The new building is estimated to be 140,000 square feet.
History and Current Status
This project first appeared in the FY 2019-20 CIP.Appropriations to date reflect a transfer of$7.5 million in FY 2020-21 reversion funds.
Operating Budget Impact Comments
This project will create savings in the Schools'operating budget.
FY23 FY24 FY25 FY26 FY27 FY28
Total Operating Budget Impacts - - - - - -
Total FTE - - - - - -
Project Map Schedule of Activities
e j._ . s ..ems_;`_ _ _ - Project Activities From-To Amount
• /. -4-�404 v'6 4 Inspections and Support 07/25-09/28 300,000
f a. Design 06/22-09/28 4,372,500
= +:_ _ . k-- t_p Furniture and Fixtures 06/28 09/28 2,500,000
1.
4‘,.maw.- :-;_<.1! �F., e. Construction 07/25 09/28 58,300,000
�L: atm:044:it
Contingencies 06/22 09/28 2,915,000
'i `_' .........)
,t o. Total Budgetary Cost Estimate: 68,387,500
t...-ki?. Means of Financing
•4.'- Funding Subclass Amount
Local Funding 68,387,500
4- . * ° .a 1 Total Programmed Financing: 68,387,500
i . Total Non Programmed Financing:
°,'* t . 4.,'
•'' _ _•4 i,: r "` "° - '. • . . `-°3_ ' Total Funding: 68,387,500
Fiscal Year 2023-2028 16 Schools
Fiscal Years FY23 through FY28 Capital Improvement Program
Project:PG601015 'Title:Princess Anne High School Replacement Status:Proposed
Category:Schools Department:Public Education
Project Type Project Location
Project Type:Rehabilitation/Replacement District:9
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future
162,650,000 89,012,277 34,050,000 28,800,000 10,787,723 - - -
Description and Scope
This project is for the replacement of Princess Anne High School.
Purpose and Need
Princess Anne High School,originally built in 1954,can no longer adequately house the required instructional programs,and the facility is in need of
replacement.This project will extend the useful life of the facility by 80 to 100 years.
History and Current Status
This project first appeared in the FY 2008-09 CIP.This project was unfunded and completion date delayed by the School Board on March 15,2011.In the
FY 2014-15 CIP,first year funding was shifted to FY 2019-20.In FY 2020-21,City Council appropriated$7,053,277 of reversion funds to this project.
Operating Budget Impact Comments
Not Applicable.
FY23 FY24 FY25 FY26 FY27 FY28
Total Operating Budget Impacts - - - - - -
Total FTE - - - - - -
Project Map Schedule of Activities
Vir' tkAlk . *, t- F, Project Activities From To Amount
It i�' x ''.�c� _ .40.q.. Inspections and Support 07/24-09/27 400,000
4 {• {, .v,'.f �, ,'. Design 06 22-09 27 10,890,000
esM,s ._ ,�5 / /
� s-7 _ 'jj • 05p".4z.;- ---;,'.,, . s ',t ;t� Furniture and Fixtures 06/27-09/27 7,000,000
' ` _ '� N A
} t tor Construction 07/24 09/27 137,100,000
rif •
,i4 : °� '' ; , t. - " Contingencies 06/22-12/27 7,260,000
O ,. i ~ +rb.. #.
ki.
2tP t.'� .j J { r 4 • I -• ' Total Budgetary Cost Estimate:
� 162,650,000
' .\ .r -.ice 4' -
-f. Y! I
I w 1
_i •,,,i • ,4----F.,---1., 1ifi r. I
Means of Financing
I
-- .�2 ,i 4i. .•.- • - 4 , # Funding Subclass Amount
•
. � r' P> l' ,,j,;$ Local Funding 162,650,000
,VIRGINIA BEACH B`V.•,,t1 31,.„:.,-.„•7-, !....:„:.Z,'.;.'::. -.--,,'-
y= Total Programmed Financing: 162,650,000
.!:''.i, E,:-.1,•..‘.,.4I:..*.1 x_..,.',,-•'_3-,•..-;:-.;:;.:.,., .-rI s.-..Ii_,,,'
; 1 ` - •.. r r +a Total Non-Programmed Financing: -
r . -A i.,,:51-• ,, ; .••,.y =A c • -' Total Funding: 162,650,000
Fiscal Year 2023-2028 21 Schools
10
ITEM—II.3.a.1
ORDINANCES
ITEM#72839
(Continued)
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
1. Ordinance to APPROPRIATE $3,364,574,046 consisting of
$656,969,389 in inter fund transfers, $251,2 74,350 for internal service
funds, and$2,456,330,307 for operations for the Fiscal Year beginning
July 1, 2022, and ending June 30, 2023
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
2 BEGINNING JULY 1, 2022 AND ENDING JUNE 30, 2023 FOR
3 OPERATIONS
4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year
5 beginning July 1, 2022, and ending June 30, 2023, 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 THAT:
9
10 Sec. 1. The amounts named aggregating $3,364,574,046 consisting of $656,969,389 in inter-fund transfers,
11 $251,274,350 for internal service funds, and $2,456,330,307 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, 20212 and ending June 30, 20223 (hereinafter, the "Fiscal Year"), a
15 summary of which is attached to this ordinance as"Attachment A—Appropriations."The City Council elects to fund
16 the Virginia Beach City Public Schools by lump sum appropriation.
17
18 Sec.2. In accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set
19 forth in said Annual Operating Budget,with a summary of Estimated Revenue in Support of Appropriations attached
20 to this ordinance as"Attachment B—Revenues."
21
22 Sec.3. With the exception of the funds under the control of the School Board, specifically the funds numbered
23 115, 135, 201, 202,203, 204, 210, 211, 212, 213, 214, 215,650,651,652,750,751,and 752_(hereinafter referred to
24 as "School Board Funds"), the total number of full-time permanent positions shall be the maximum number of
25 positions authorized for the various departments of the City during the Fiscal Year, except for changes or additions
26 authorized by the Council or as hereinafter provided.The City Manager may from time to time increase or decrease
27 the number of part-time or temporary positions provided the aggregate amount expended for such services shall
28 not exceed the respective appropriations made therefore. The City Manager is further authorized to make such
29 rearrangements of positions within and between the departments as may best meet the needs and interests of the
30 City, including changes necessary to implement the employee transition program.
31
32 Sec.4. To improve the effectiveness and efficiencies of the government in service delivery,the City Council hereby
33 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the
34 Fiscal Year as may be necessary to implement organizational adjustments that have been authorized by the City
35 Council. Unless otherwise directed by the City Council, such organizational adjustments shall be implemented on
36 such date or dates as the City Manager determines, in his discretion, to be necessary to guarantee a smooth and
37 orderly transition of existing organizational functions. The City Manager shall make a report each year to the City
38 Council identifying the status and progress of any such organizational adjustments.
39
40 Sec.5. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service
41 District Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax
42 levy.
43
44 Sec.6. All balances of the appropriations payable out of each fund of the City Treasury at the close of the Fiscal
45 Year, unless otherwise provided for,are hereby declared to be lapsed into the fund balance of the respective funds,
46 except all appropriations to School Board Funds derived from local public sources,which shall lapse and revert to
47 the Fund Balance of the General Fund,and may be used for the payment of the appropriations that may be made in
48 the appropriation ordinance for the fiscal year beginning July 1, 20212 . Prior to the expenditure of any sums that
49 have lapsed to the fund balance of any fund, an appropriation by the City Council shall be required.
50
51 Sec.7. All balances of appropriations in each fund which support authorized obligations or are encumbered at the
52 close of the business for the Fiscal Year,are hereby declared to be re-appropriated into the fiscal year beginning July
53 1, 20212 and estimated revenues adjusted accordingly.
54
55 Sec.8. All balances of appropriations and position authorizations attributable to grants or other similar funding
56 mechanism from state or federal sources and trust or gift funds, whose period of expenditure extends beyond the
57 fiscal year ending on June 30, 20212 are hereby declared to be re-appropriated and re-authorized into the Fiscal
58 Year, and estimated revenues adjusted accordingly. The close-out of any grant or similar funding mechanism shall
59 account for all expenditures in such grant,and provided there is any remaining balance in the grant, the portion of
60 the balance attributable to local sources shall revert to the General Fund, special revenue fund, or enterprise fund
61 that provided the local contribution.
62
63 Sec.9. No department or agency for which appropriations are made under the provisions of this ordinance shall
64 exceed the amount of such appropriations except with the consent and approval of the City Council first being
65 obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated
66 shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Inter-fund
67 Transfers.
68
69 Sec. 10. The City Manager or the Director of Budget and Management Services is hereby authorized to approve
70 transfers of appropriations in an amount up to$100,000 between any Appropriation Units included in this ordinance
71 through the accrual period.The City Manager shall make a monthly report to the City Council of all transfers between
72 $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all
73 Reserves for Contingencies except Reserve for Contingencies—Regular,within the intent of the Reserve as approved
74 by City Council.
75
76 Sec. 11. The City Manager or the Director of Budget and Management Services is hereby authorized to establish and
77 administer budgeting within Appropriation Units consistent with best management practices, reporting
78 requirements, and the programs and services adopted by the City Council. Consistent with best management
79 practices, the City utilizes a modified accrual system of accounting. Revenues are considered available when
80 collectible either during the current period or after the end of the current period, but in time to pay year-end
81 liabilities. Expenditures are recognized when a transaction or event is expected to draw upon current spendable
82 resources rather than future resources. In practical effect, the modified accrual system allows a window of 45 days
83 wherein the City may accrue back to the immediately preceding fiscal year revenues and expenditures. The City
84 Manager or the Director of Budget and Management Services is further authorized to establish administrative
85 directives to provide additional management oversight and control to ensure the integrity of the City's budget.
86
87 Sec. 12. The City Manager or the Director of Budget and Management Services is hereby authorized to change the
88 Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support
89 of an Operating Appropriation Unit declines,the City Manager or the Director of Budget and Management Services
90 is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in
91 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total
92 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the
93 appropriation reduction and the Appropriation Units affected.The accounting records of the City will be maintained
94 in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for each of the City's
95 funds. The City Manager or the Director of Budget and Management Services is hereby authorized to transfer any
96 excess appropriations to the Reserve for Contingencies after all anticipated expenditures for which those funds were
97 appropriated have been incurred. Nothing in this section shall be construed as authorizing any reduction to be made
98 in the amount appropriated in this ordinance for the payment of interest or principal on the bonded debt of the City
99 Government.
100
101 Sec. 13. The Department of Economic Development is hereby authorized to pay an amount up to$1,000,000 from
102 their FY 20212-223 Operating Budget to the City of Virginia Beach Development Authority, for the purpose of
103 pursuing, implementing,and furthering initiatives recommended by the Bio-medical Task Force.The Department of
104 Economic Development is hereby authorized to pay an amount up to $100,000 from their FY 20212-223 Operating
105 Budget to the City of yirginia Beach Development Authority,for the purpose of implementing a District Improvement
106 Plan (DIP).
107
108 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments,
109 bureaus,or agencies,to any of their officers and employees for expenses on account of the use by such officers and
110 employees of their personal automobiles in the discharge of their official duties shall follow the Internal Revenue
111 Service standard mileage rates used to calculate the deductible costs of operating an automobile for business,
112 charitable, medical or moving purposes.
113
114 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot
115 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any
116 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately
117 following the expenditure of funds under this provision, and as soon as the City Council can reasonably meet under
118 the existing circumstances, the City Manager shall notify the City Council of the reason for such action, how funds
119 were expended,and present to the City Council for adoption an emergency appropriations ordinance that sets forth
120 what measures are required to ensure that funds are forthwith restored to the appropriate accounts and that the
121 budget is balanced at the end of the fiscal year in which the emergency expenditures occurred.
122
123 An emergency is defined for the purposes of this provision as an event that could not have been reasonably foreseen
124 at the time of the adoption of the budget,and in which(i)an immediate threat to the public health,safety or welfare
125 is involved,such as clean-up after a hurricane, and/or(ii) immediate action is required to protect or preserve public
126 properties.
127
128 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according
129 to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid;
130 number of miles traveled;method of travel;hotel expenses;meals;and incidental expenses.The Director of Finance
131 is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-
132 sum" amounts.
133
134 Sec. 17. If the aggregate amount expended by a department on part time or temporary positions exceeds the
135 appropriations made without changes in the hours worked due to incrcvsed costs related to Chapters 1204 and 1242
136 of the Virginia Acts of Assembly, 2020, the City Manager or the Director of Budget and Management Services is
137 authorized to transfer such sufficient funds within the limits set forth in Section 10 of this ordinance as necessary to
138 maintain the existing number of positions.
139
140 Sec. 18. A 5.5 general pay incrcvse and a 3%merit pay increase, effective July 1, 2021, is hereby provided for full
141 time sworn law enforcement officers in the Virginia Beach Police Department, uniformed employees in the
142 Departments of Fire and Emergency Medical Services,and full time sworn appointees in the Virginia Beach Sheriff's
143 Office. The general increase shall be applied for each full time sworn or uniformed employee or appointee prior to
144 the merit increase. The merit pay incrcvse shall be given for those with a performance feedback completed from
145 July 1, 2020 to June 30, 2021 that indicates overall performance meets expectations. For employees or appointees
146 within positions set out within this section,the pay increases contained within Section 21 of this ordinance shall not
147 apply. To support and sustainably fund most of this initiative over time, 1C of the Real Estate tax rate is to be
148 dedicated for this purpose.
149
150 Sec.19,A salary increase of 4.5%, effective July 1,2021,for all full time and part time City employees and part time
151
152 this section that receives a salary adjustment in accordance with the provisions of Chapters 1204 and 1242 of the
153 Virginia Acts of Assembly, 2020, no salary increase shall occur on July 1, 2021, except in such cases that the
154 adjustment made on May 1, 2021 is in an amount less than the 4.5% increase would convey. Part time employees
155 in this circumstance shall,on July 1, 2021, receive the difference of the 4.5%raise and the adjustment made on May
156 1, 2021.
157 Sec.20.A salary increase of 4.5%, effective July 1, 2021 for the five Constitutional Officers is hereby provided.Any
158 ,
159 separate action of the City Council.
160
161 ° •
162 completed from July 1, 2020 to June 30, 2021 that indicates overall performance meets expectations. This section
163 shall also apply to the full time appointees of the Constitutional Officers. Any additional stipends, special pay, or
164 executive entitlement pay to employees appointed-by the City Council and subject to City Code §2 89 must be
165 approved by a separate action of the City Council.
166
167 Sec. 22. Notwithstanding the timing provisions provided by City Code §§2 109 and 2 116, the merit pay incrcvse
168 authorized by sections 18 or 21 of this ordinance shall be provided effective July 1, 2021 or a subsequent date for
169 newly hired employees,who between July 1,2021 and June 30,2022 successfully completed their probation period.
170 The other requirements provided by City Code§§2 109 and 2 116 apply.
171
172 ' ,
173 ,
174 completed by July 1, 2021, the employee and the supervisor responsible for preparing the performance feedback
175 shall have their merit pay incrcvse delayed until such time as the performance feedback is completed.In those cases,
176 the merit pay incrcvse will be retroactive upon completion of the performance feedback for both the supervisor
177 responsible for completing the performance feedback and the employee(s).This section shall also apply to the full
178 time appointees of the Constitutional Officers.
179
180
181 ,
182 shall supersede the program previously established through City Policy 5.01.
183
184
185 Virginia State Bar licensed employees("eligible employees")in the Virginia Bcvch Office of the Public Defender. This
186 supplement shall be, in aggregate, up to $500,000. The method of payment and structure of this supplement to
187 erstanding between the
188 City and the Public Defender's Office with payments made quarterly to eligible employees that worked in the Public
189 Defender's Office the entire preceding quarter. Renewal of the supplement shall be subject to annual review and
190 appropriation by the City '
191 provide an annual report to the City providing the average salary of Virginia State Bar licensed employees in Virginia
192 Beach and the other public defender offices in the Hampton Roads Region.
193
194 Sec. 17. The General Fund includes a compensation reserve totaling $32,827,489 for pay increases for City
195 employees. The direction and intent of these funds is to implement a hybrid pay plan system that includes a step
196 pay plan for public safety and a portion of the general workforce and to increase minimum wage citywide to$15 per
197 hour. The goal is to provide every full-time and part-time City employee a minimum 5% compensation increase.
198 These compensation reserves are to be allocated as necessary between Departments and funds to adjust salaries
199 and prevent adjustments from negatively impacting the delivery of services.
200
201 Sec. 18. An amount equivalent to 4.1 cents real estate tax,which is$27,996,608, is hereby placed in a "lockbox"to
202 be use solely for the servicing of debt associated with the 2021 Flood Protection Bond Referendum.
203
204 Sec.2619.An amount of up to $6,139,751$8,000,000 in attrition savings is hereby used to balance the Fiscal Year
205 2021 22 2022-23 Operating Budget. To accomplish this purpose, the City Manager or his designee is hereby
206 authorized to transfer savings in salary or fringe benefit accounts among General Fund supported departments up
207 to $6,139,751 8,000,000, notwithstanding other budgetary controls outlined in this ordinance. Of this amount,
208 $500,000 is designated for contractual services to provide full-time sworn law enforcement officers in the Virginia
209 Beach Police Department, uniformed employees in the Departments of Fire and Emergency Medical Services, and
210 Emergency Communications and Citizen Services 911 Telecommunicators access to a team of licensed mental health
211 professionals to coordinate support services.
212
213 Sec.2-720.To ensure proper allocation of health insurance,the City Manager is hereby authorized to transfer health
214 insurance between departments and funds,in any amount notwithstanding other budgetary controls outlined in the
215 ordinance up to the total amount budgeted for health insurance, to ensure health insurance cost align with actual
216 expenditure.
217
218 Sec.2821. In Fiscal Year 2021 22 2022-23;to further improve the effectiveness and efficiency of the government in
219 service delivery,the City Council hereby authorizes the City Manager to implement any organizational adjustments
220 not otherwise set out within this budget document that may be necessary to carry out the following initiatives:
221 a. The City's Human Resources Department to implement the recommendations previously provided to the
222 City by Hillard Heintze;The departments throughout the City to improve existing technology services and
223 applications and to streamline the implementation of technology applications.
224 b. '
225 services;The City Council to secure administrative and clerical staff support and executive assistance.
226 c. The City's Automotive Services Division of the Department of Public Works to review the provision of
227 storeroom services, including but not limited to, parts and supplies for the City's fleet assets. This may
228 include the sale or conveyance of City inventory and assets.
229 d. The Convention and Visitors Bureau, to provide the Resort Management Office with staff support to
230 improve customer service and streamline service delivery with the public and business community.
231
232 Adjustments in furtherance of this Section 280 may include the transfer of appropriated funds and existing positions,
233 notwithstanding the departmental or appropriation unit placement of such appropriations and positions within this
234 document.Any adjustments made for these purposes shall not be subject to the limits set forth in Section 10 of this
235 ordinance.The City Manager shall make a report within ten days of any adjustments that are made as a result of the
236 authority granted by this section.
237
238 Sec. 22. In order to comply with governmental accounting guidelines, $2,211,066 in appropriations is hereby
239 transferred from the General Debt Fund to the Agriculture Reserve Program (ARP).The FY 2021-22 budget included
240 appropriations in the General Debt fund to make payment on ARP principal.The first purchases made through the
241 ARP occurred in FY 1996-97. The 25-year term on these initial purchases became due in FY 2021-22. This transfer
242 will allow for the payment to be made from the correct fund.The effective date of Section 21 is May 10, 2022.
243
244 Sec.23.The City of Virginia Beach hosts hundreds of special events annually,which draw participants and spectators
245 who raise contributions to support nonprofit organizations or contribute to the local economy and often provide
246 additional revenue to the City and the community. Many special events require some form of city services, such as
247 road closures, traffic control, security, contingencies for emergency services, utility connections, and clean up
248 resulting in operational costs to city departments.To support and encourage expansion of special event activities in
249 the City,RES-03612,adopted May 14,2013,is hereby rescinded,effective immediately. Henceforth,the recoupment
250 of special events fees shall be within the discretion of the City Manager. The City will provide safety standards and
251 support service requirements for permitted special events without charging a fee or recouping any expenses related
252 to the special events.
253
254 Sec. 24. The appropriations herein include an amount equal to $1 per capita for the Hampton Roads Economic
255 Development Alliance(HREDA). Notwithstanding the appropriation,the execution of any agreement with HREDA is
256 expressly conditioned upon formal approval of such agreement by the City Council.
257
258 Sec. 2925. Violation of this ordinance may result in disciplinary action by the City Manager against the person or
259 persons responsible for the management of the Appropriation Unit in which the violation occurred.
260
261 Sec.3026.With the exception of Section 21,this ordinance shall be effective on July 1, 20212.
262
263 Sec.3t27. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
264 shall not affect the validity of the remaining parts of this ordinance.
265
266
267 Requires an affirmative vote by a majority of all of the members of City Council.
268
269 Adopted by the Council of the City of Virginia Beach,Virginia,on the 10 t hday of May,2022.
APP 0 ED AS TO CONTENT: AP AS TO LEGAL SUFFICIENCY:
dget and Management Services ` Ci Atto ey's Office
City of Virginia Beach, Virginia
FY 2022-23 Budget Ordinance
Attachment A- Appropriations
FY 2022-23
Adopted
FD100 General Fund
Agriculture 987,713
Board of Equalization 2,774
Budget and Management Services 1,384,854
Circuit Court 1,281,720
City Attorney 5,255,955
City Auditor 961,666
City Clerk 624,826
City Manager 3,046,364
City Real Estate Assessor 3,455,888
City Treasurer 6,954,104
Clerk of the Circuit Court 4,180,583
Commisioner of the Revenue 5,835,305
Commonwealth's Attorney 10,350,554
Communications Office 2,267,933
Community Organization Grants 505,417
Computer Replacements 1,766,444
Convention And Visitors Bureau 10,348,077
Cultural Affairs and Historic Houses 3,229,524
Debt Service 59,311,299
Economic Development 6,704,341
Emergency Communications and Citizen Services 11,682,280
Emergency Management 1,048,211
Emergency Medical Services 17,643,540
Employee Services 9,020,056
Finance 7,771,817
Fire 66,017,656
General District Court 531,845
Health Department 3,781,386
Housing And Neighborhood Preservation 6,645,411
Human Resources 6,631,378
Human Services 132,037,768
Independent Financial Services 179,655
City of Virginia Beach,Virginia
FY 2022-23 Budget Ordinance
Attachment A-Appropriations
FY 2022-23
Adopted
Information Technology 23,742,094
Juvenile and Domestic Relations District Court 217,841
Juvenile Probation 1,418,715
3,365,000
Leases
Library 18,923,350
Magistrates 51,073
City Council 680,735
Office of Performance and Accountability 933,697
Parks and Recreation 15,806,036
Planning 13,111,456
Police 113,277,278
Public Works 92,445,296
Regional Participation 9,916,731
Reserve for Contingencies 34,487,538
Revenue Reimbursements 12,391,265
Subscriptions 7,288,156
Transfer to Other Funds 570,193,544
Vehicle Replacements 6,000,000
Virginia Aquarium 14,502,760
Voter Registration and Elections 2,517,777
General Fund Appropriation Totals 1,332,716,688
FD115 School Operating Fund
Debt Service 50,133,654
Public Education 856,760,661
Transfer to Other Funds 16,712,227
School Operating Fund Appropriation Totals 923,606,542
FD150 Flood Protection Referendum
Reserve for Contingencies 27,501,608
Transfer to Other Funds 495,000
Flood Protection Referendum Appropriation Totals 27,996,608
FD190 General Debt Fund
City of Virginia Beach, Virginia
FY 2022-23 Budget Ordinance
Attachment A- Appropriations
FY 2022-23
Adopted
Transfer to Other Funds 6,949,719
General Debt Fund Appropriation Totals 6,949,719
FD201 Green Run Collegiate Charter School Operating Fund
Public Education 4,363,929
Green Run Collegiate Charter School Operating Fund Appropriation Totals 4,363,929
FD203 School Instructional Technology Special Revenue Fund
Public Education 560,840
School Instructional Technology Special Revenue Fund Appropriation Totals 560,840
FD204 School Athletics Special Revenue Fund
Public Education 5,478,274
School Athletics Special Revenue Fund Appropriation Totals 5,478,274
FD210 School Equipment Replacement Special Revenue Fund
Public Education 372,300
School Equipment Replacement Special Revenue Fund Appropriation Totals 372,300
FD211 School Vending Operations Special Revenue Fund
Public Education 69,000
School Vending Operations Special Revenue Fund Appropriation Totals 69,000
FD212 School Communication Tower Technology Special Revenue Fund
Public Education 800,000
School Communication Tower Technology Special Revenue Fund Appropriation Totals 800,000
FD213 School Cafeterias Special Revenue Fund
Public Education 38,759,655
School Cafeterias Special Revenue Fund Appropriation Totals 38,759,655
FD214 School Grants Special Revenue Fund
Public Education 180,570,313
School Grants Special Revenue Fund Appropriation Totals 180,570,313
City of Virginia Beach,Virginia
FY 2022-23 Budget Ordinance
Attachment A-Appropriations
FY 2022-23
Adopted
F0215 School Textbooks Special Revenue Fund
Public Education 6,899,232
School Textbooks Special Revenue Fund Appropriation Totals 6,899,232
FD220 School Reserve Special Revenue Fund
Transfer to Other Funds 667,182
School Reserve Special Revenue Fund Appropriation Totals 667,182
FD221 Agriculture Reserve Program Special Revenue Fund
Agriculture 237,678
Debt Service 11,456,521
Reserve for Contingencies 438,172
Transfer to Other Funds 990,000
Agriculture Reserve Program Special Revenue Fund Appropriation Totals 13,122,371
FD222 Law Library Special Revenue Fund
Library 223,554
Reserve for Contingencies 161
Transfer to Other Funds 40,000
Law Library Special Revenue Fund Appropriation Totals 263,715
FD223 Open Space and Parks Special Revenue Fund
Debt Service 2,215,081
Parks And Recreation 431,023
Reserve for Contingencies 1,003,624
Transfer to Other Funds 3,500,000
Open Space and Parks Special Revenue Fund Appropriation Totals 7,149,728
FD224 Parks And Recreation Special Revenue Fund
Debt Service 3,844,489
Parks And Recreation 36,731,772
Public Works 3,396,634
Reserve for Contingencies 601,133
City of Virginia Beach, Virginia
FY 2022-23 Budget Ordinance
Attachment A-Appropriations
FY 2022-23
Adopted
Transfer to Other Funds 561,500
Parks And Recreation Special Revenue Fund Appropriation Totals 45,135,528
FD230 Commonwealth's Attorney Forfeited Assets Special Revenue Fund
Commonwealth's Attorney 100,000
Commonwealth's Attorney Forfeited Assets Special Revenue Fund Appropriation Totals 100,000
FD233 Sheriff's Office Special Revenue Fund
Sheriff and Corrections 57,594,269
Transfer to Other Funds 11,600
Sheriff's Office Special Revenue Fund Appropriation Totals 57,605,869
FD240 Tourism Advertising Program Special Revenue Fund
Convention And Visitors Bureau 15,948,117
Reserve for Contingencies 19,296
Transfer to Other Funds 56,838
Tourism Advertising Program Special Revenue Fund Appropriation Totals 16,024,251
FD241 Tourism Investment Program Special Revenue Fund
Convention And Visitors Bureau 12,075,142
Cultural Affairs and Historic Houses 1,270,500
Debt Service 26,670,471
Parks And Recreation 999,689
Public Works 4,003,762
Regional Participation 1,323,888
Reserve for Contingencies 3,900,320
Transfer to Other Funds 6,798,230
Tourism Investment Program Special Revenue Fund Appropriation Totals 57,042,002
FD250 Central Business District South Tax Increment Financing Fund
Debt Service 8,168,173
Reserve for Contingencies 1,644,074
Transfer to Other Funds 150,000
Central Business District South Tax Increment Financing Fund Appropriation Totals 9,962,247
City of Virginia Beach,Virginia
FY 2022-23 Budget Ordinance
Attachment A-Appropriations
FY 2022-23
Adopted
FD251 Town Center Special Service District Fund
Parks And Recreation 132,990
Special Financing Department 2,874,990
Transfer to Other Funds 634,226
Town Center Special Service District Fund Appropriation Totals 3,642,206
FD252 Sandbridge Special Service District Fund
Public Works 457,675
Reserve for Contingencies 2,417,935
Transfer to Other Funds 4,676,341
Sandbridge Special Service District Fund Appropriation Totals 7,551,951
FD260 Federal Section 8 Program Special Revenue Fund
Housing And Neighborhood Preservation 25,926,893
Federal Section 8 Program Special Revenue Fund Appropriation Totals 25,926,893
FD261 State Rental Assistance Program Special Revenue Fund
Housing And Neighborhood Preservation 1,627,192
State Rental Assistance Program Special Revenue Fund Appropriation Totals 1,627,192
FD270 Consolidated Grants Special Revenue Fund
Commonwealth's Attorney 765,897
Emergency Communications and Citizen Services 3,000
Emergency Medical Services 375,000
Fire 2,080,382
Housing And Neighborhood Preservation 2,415,004
Human Services 2,970,143
Public Works 20,000
Transfer to Other Funds 300,000
Consolidated Grants Special Revenue Fund Appropriation Totals 8,929,426
FD272 Federal Housing Assistance Grant Special Revenue Fund
Housing And Neighborhood Preservation 1,104,622
City of Virginia Beach, Virginia
FY 2022-23 Budget Ordinance
Attachment A- Appropriations
FY 2022-23
Adopted
Federal Housing Assistance Grant Special Revenue Fund Appropriation Totals 1,104,622
FD273 Community Development Grant Special Revenue Fund
Housing And Neighborhood Preservation 2,525,767
Transfer to Other Funds 128,858
Community Development Grant Special Revenue Fund Appropriation Totals 2,654,625
FD310 Old Donation Creek Dredging Special Service District Fund
Transfer to Other Funds 364,504
Old Donation Creek Dredging Special Service District Fund Appropriation Totals 364,504
FD311 Sayville Creek Dredging Special Service District Fund
Transfer to Other Funds 286,000
Bayville Creek Dredging Special Service District Fund Appropriation Totals 286,000
FD312 Shadowlawn Dredging Special Service District Fund
Transfer to Other Funds 42,000
Shadowlawn Dredging Special Service District Fund Appropriation Totals 42,000
FD313 Chesooeian Colony Dredging Special Service District Fund
Reserve for Contingencies 250,048
Chesopeian Colony Dredging Special Service District Fund Appropriation Totals 250,048
FD314 Harbour Point Dredging Special Service District Fund
Reserve for Contingencies 7,490
Transfer to Other Funds 22,000
Harbour Point Dredging Special Service District Fund Appropriation Totals 29,490
FD315 Gills Cove Dredging Special Service District Fund
Reserve for Contingencies 14,739
Gills Cove Dredging Special Service District Fund Appropriation Totals 14,739
FD316 Hurds Cove Dredging Special Service District Fund
Reserve for Contingencies 245,416
City of Virginia Beach,Virginia
FY 2022-23 Budget Ordinance
Attachment A-Appropriations
FY 2022-23
Adopted
Hurds Cove Dredging Special Service District Fund Appropriation Totals 245,416
FD317 Schilling Point Dredging Special Service District Fund
Reserve for Contingencies 44,082
Schilling Point Dredging Special Service District Fund Appropriation Totals 44,082
FD510 Water And Sewer Enterprise Fund
Debt Service 19,130,303
Public Utilities 95,861,341
Reserve for Contingencies 4,555,153
Transfer to Other Funds 17,009,395
Water And Sewer Enterprise Fund Appropriation Totals 136,556,192
FD520 Storm Water Utility Enterprise Fund
Debt Service 9,811,282
Public Works 15,356,542
Reserve for Contingencies 138,966
Transfer to Other Funds 22,455,617
Storm Water Utility Enterprise Fund Appropriation Totals 47,762,407
FD530 Waste Management Enterprise Fund
Public Works 37,508,929
Reserve for Contingencies 356,170
Transfer to Other Funds 3,006,842
Waste Management Enterprise Fund Appropriation Totals 40,871,941
FD540 Parking Enterprise Fund
Debt Service 684,707
Economic Development 4,542,480
Transfer to Other Funds 802,313
Parking Enterprise Fund Appropriation Totals 6,029,500
FP600 city Garage Internal Service fund
Public Works 14,988,964
City of Virginia Beach,Virginia
FY 2022-23 Budget Ordinance
Attachment A-Appropriations
FY 2022-23
Adopted
Reserve for Contingencies 142,940
City Garage Internal Service Fund Appropriation Totals 15,131,904
FD601 Fuels Internal Service Fund
Public Works 7,831,421
Fuels Internal Service Fund Appropriation Totals 7,831,421
FD602 Risk Management Internal Service Fund
Finance 19,653,902
Reserve for Contingencies 16,391
Risk Management Internal Service Fund Appropriation Totals 19,670,293
FD603 Landscaping Internal Service Fund
Parks And Recreation 4,915,717
Reserve for Contingencies 114,829
Landscaping Internal Service Fund Appropriation Totals 5,030,546
FD605 Telecommunications Internal Service Fund
Information Technology 3,136,157
Reserve for Contingencies 9,553
Telecommunications Internal Service Fund Appropriation Totals 3,145,710
FD650 School Risk Management Internal Service Fund
Public Education 15,379,958
School Risk Management Internal Service Fund Appropriation Totals 15,379,958
FD651 School Flexible Benefits Forfeiture Internal Service Fund
Public Education 100,000
School Flexible Benefits Forfeiture Internal Service Fund Appropriation Totals 100,000
FD652 School Health Insurance Internal Service Fund
Public Education 184,984,518
School Health Insurance Internal Service Fund Appropriation Totals 184,984,518
City of Virginia Beach, Virginia
FY 2022-23 Budget Ordinance
Attachment A- Appropriations
FY 2022-23
Adopted
FD801 City Beautification Fund
Parks And Recreation 100,000
City Beautification Fund Appropriation Totals 100,000
FD806 Fire Gift Fund
Transfer to Other Funds 115,453
Fire Gift Fund Appropriation Totals 115,453
FD814 Parks And Recreation Gift Fund
Parks And Recreation 55,000
Parks And Recreation Gift Fund Appropriation Totals 55,000
FD817 Social Services Gift Fund
Human Services 46,710
Social Services Gift Fund Appropriation Totals 46,710
FD818 Virginia Beach Library Gift Fund
Library 112,000
Virginia Beach Library Gift Fund Appropriation Totals 112,000
FD400 General Government Capital Projects Fund
Pay-As-You-Go Capital Projects 63,050,717
General Government Capital Projects Fund Appropriation Totals 63,050,717
fD41Q.Water n Sewer Capital Projects Fund
Pay-As-You-Go Capital Projects 7,023,893
Water and Sewer Capital Projects Fund Appropriation Totals 7,023,893
FD420 Stormwater Capital Projects Fund
Pay-As-You-Go Capital Projects 21,151,696
Stormwater Capital Projects Fund Appropriation Totals 21,151,696
FD430 Flood Protection Capital Projects Fund
Pay-As-You-Go Capital Projects 495,000
City of Virginia Beach, Virginia
FY 2022-23 Budget Ordinance
Attachment A- Appropriations
FY 2022-23
Adopted
Flood Protection Capital Projects Fund Appropriation Totals 495,000
FD480 Schools Capital Projects Fund
Pay-As-You-Go Capital Projects i 000, l(Y1
Schools Capital Projects Fund Appropriation Totals 1,000,000
Total Appropriations 3,364,574,046
Less Internal Services Funds 251,274,350
Less Interfund Transfers 656,969,389
Net Budget Appropriations 2,456,330,307
City of Virginia Beach,Virginia
Fiscal Year 2022-23 Budget Ordinance
Attachment B-Revenues
FY 2022-23
Adopted
FD100 General Fund
Charges for Services 44,556,135
Utility Taxes 43,125,249
Permits,Fees,and Regulatory Licenses 9,549,292
Fines and Forfeitures 1,490,736
Miscellaneous Revenue 4,480,753
Personal Property 192,619,234
General Sales Tax 93,871,862
Hotel Room Tax 10,736,531
Business License 55,915,491
Real Estate 621,707,015
Cigarette Tax 8,603,216
Other Taxes 14,608,818
From the Use of Money and Property 6,917,724
Automobile License 11,278,097
Restaurant Meal Tax 56,972,840
Revenue from the Commonwealth 115,660,086
Specific Fund Reserves 1,231,953
Transfer In 15,085,337
Revenue from the Federal Government 24,306,319
FD100 Revenue Total 1,332,716,688
FD115 School Operating Fund
Miscellaneous Revenue 3,918,341
Revenue from the Commonwealth 420,954,476
Transfer In 485,233,725
Revenue from the Federal Government 13,500,000
FD115 Revenue Total 923,606,542
FD150 Flood Protection Referendum
Real Estate 27,996,608
FD150 Revenue Total 27,996,608
FD190 General Debt Fund
Specific Fund Reserves 6,949,719
FD190 Revenue Total 6,949,719
FD201 Green Run Collegiate Charter School Operating Fund
Transfer In 4,363,929
FD201 Revenue Total 4,363,929
FD203 School Instructional TechnologySpecial Revenue_Fund
Specific Fund Reserves 560,840
FD203 Revenue Total 560,840
FD204 School Athletics Special Revenue Fund
City of Virginia Beach,Virginia
Fiscal Year 2022-23 Budget Ordinance
Attachment B-Revenues
FY 2022-23
Adopted
Charges for Services 65,000
Miscellaneous Revenue 434,000
From the Use of Money and Property 5,000
Transfer In 4,974,274
FD204 Revenue Total 5,478,274
FD210 School Equipment Replacement Special Revenue Fund
Specific Fund Reserves 372,300
FD210 Revenue Total 372,300
FD211 School Vending Operations Special Revenue Fund
Charges for Services 63,000
Specific Fund Reserves 6,000
FD211 Revenue Total 69,000
FD212 School Communication Tower Technology Special Revenue Fund
From the Use of Money and Property 516,000
Specific Fund Reserves 284,000
FD212 Revenue Total 800,000
FD213 School Cafeterias Special Revenue Fund
Charges for Services 12,464,445
From the Use of Money and Property 75,000
Revenue from the Commonwealth 550,000
Specific Fund Reserves 1,746,509
Revenue from the Federal Government 23,923,701
FD213 Revenue Total 38,759,655
FD214 School Grants Special Revenue Fund
Miscellaneous Revenue 7,602,630
Revenue from the Commonwealth 21,664,476
Transfer In 6,374,024
Revenue from the Federal Government 144,929,183
FD214 Revenue Total 180,570,313
FD215 School Textbooks Special Revenue Fund
Miscellaneous Revenue 27,000
From the Use of Money and Property 29,483
Revenue from the Commonwealth 4,983,453
Specific Fund Reserves 1,859,296
FD215 Revenue Total 6,899,232
FD220 School Reserve Special Revenue Fund
Specific Fund Reserves 667,182
FD220 Revenue Total 667,182
FD221 Agriculture Reserve Program Special Revenue Fund
Real Estate 6,145,597
City of Virginia Beach,Virginia
Fiscal Year 2022-23 Budget Ordinance
Attachment B-Revenues
FY 2022-23
Adopted
From the Use of Money and Property 27,055
Transfer In 6,949,719
FD221 Revenue Total 13,122,371
FD222 Law Library Special Revenue Fund
Charges for Services 257,422
From the Use of Money and Property 6,293
FD222 Revenue Total 263,715
FD223 Open Space and Parks Special Revenue Fund
Restaurant Meal Tax 7,149,728
FD223 Revenue Total 7,149,728
FD224 Parks And Recreation Special Revenue Fund
Charges for Services 12,641,547
Permits,Fees,and Regulatory Licenses 38,250
Miscellaneous Revenue 1,250
Real Estate 23,735,660
From the Use of Money and Property 1,474,388
Revenue from the Commonwealth 11,000
Transfer In 7,233,433
FD224 Revenue Total 45,135,528
F0230 Commonwealth's Attorney Forfeited Assets Special Revenue Fund
Specific Fund Reserves 100,000
FD230 Revenue Total 100,000
FD233 Sheriffs Office Special Revenue Fund
Charges for Services 5,976,608
Permits,Fees,and Regulatory Licenses 4,000
Miscellaneous Revenue 3,000
From the Use of Money and Property 14,000
Revenue from the Commonwealth 21,206,207
Transfer In 30,252,054
Revenue from the Federal Government 150,000
FD233 Revenue Total 57,605,869
FD240 Tourism Advertising Program Special Revenue Fund
Charges for Services 4,000
Hotel Room Tax 7,767,366
From the Use of Money and Property 49,100
Restaurant Meal Tax 8,124,691
Specific Fund Reserves 79,094
FD240 Revenue Total 16,024,251
FD241 Tourism Investment Program Special Revenue Fund
Permits,Fees,and Regulatory Licenses 1,778
City of Virginia Beach,Virginia
Fiscal Year 2022-23 Budget Ordinance
Attachment B-Revenues
FY 2022-23
Adopted
Hotel Room Tax
24,056,929
Cigarette Tax 614 515
Amusement Tax ,
7,254,292
From the Use of Money and Property 891,250
Restaurant Meal Tax 17,224,346
Specific Fund Reserves 6,998,892
FD241 Revenue Total 57,042,002
FD250 Central Business District South Tax Increment Financing Fund
Hotel Room Tax 500,000
Real Estate 9,460,247
From the Use of Money and Property 2,000
FD250 Revenue Total 9,962,247
FD251 Town Center Special Service District Fund
Charges for Services 194,300
Real Estate 2,313,491
From the Use of Money and Property 365,500
Specific Fund Reserves 618,915
Transfer In 150,000
FD251 Revenue Total 3,642,206
FD252 Sandbridge Special Service District Fund
Hotel Room Tax 7,060,280
Real Estate 297,642
From the Use of Money and Property 3,017
Specific Fund Reserves 191,012
FD252 Revenue Total 7,551,951
FD260 Federal Section 8 Program Special Revenue Fund
Charges for Services 3,508,100
Specific Fund Reserves 38,156
Transfer In 76,000
Revenue from the Federal Government 22,304,637
FD260 Revenue Total 25,926,893
FD261 State Rental Assistance Program Special Revenue Fund
Revenue from the Commonwealth 1,627,192
FD261 Revenue Total 1,627,192
FD270 Consolidated Grants Special Revenue Fund
Charges for Services 40,000
Revenue from the Commonwealth 4,599,893
Transfer In 821,611
Revenue from the Federal Government 3,467,922
FD270 Revenue Total 8,929,426
City of Virginia Beach,Virginia
Fiscal Year 2022-23 Budget Ordinance
Attachment B-Revenues
FY 2022-23
Adopted
FD272 Federal Housing Assistance Grant Special Revenue Fund
Other Financing Sources 45,000
Revenue from the Federal Government 1,059,622
FD272 Revenue Total 1,104,622
FD273 Community Development Grant Special Revenue Fund
Transfer In 539,184
Other Financing Sources 75,000
Revenue from the Federal Government 2,040,441
FD273 Revenue Total 2,654,625
FD310 Old Donation Creek Dredging Special Service District Fund
Real Estate 78,679
Specific Fund Reserves 285,825
FD310 Revenue Total 364,504
FD311 Sayville Creek Dredging Special Service District Fund
Real Estate 73,772
Specific Fund Reserves 212,228
FD311 Revenue Total 286,000
FD312 Shadowlawn Dredging Special Service District Fund
Real Estate 34,628
Specific Fund Reserves 7,372
FD312 Revenue Total 42,000
FD313 Chesopeian Colony Dredging Special Service District Fund
Real Estate 229,078
Specific Fund Reserves 20,970
FD313 Revenue Total 250,048
FD314 Harbour Point Dredging Special Service District Fund
Real Estate 29,490
FD314 Revenue Total 29,490
FD315 Gills Cove Dredging Special Service District Fund
Real Estate 14,739
FD315 Revenue Total 14,739
FD316 Hurds Cove Dredging Special Service District Fund
Real Estate 245,416
FD316 Revenue Total 245,416
FD317 Schilling Point Dredging Specia'Service District Fund
Real Estate 44,082
FD317 Revenue Total 44,082
FDS10 Water And Sewer Enterprise Fund
Charges for Services 129,858,905
Permits,Fees,and Regulatory Licenses 8,265
City of Virginia Beach,Virginia
Fiscal Year 2022-23 Budget Ordinance
Attachment B-Revenues
FY 2022-23
Adopted
Miscellaneous Revenue 235,981
From the Use of Money and Property 1,646,615
Transfer In 2,126,293
Other Financing Sources 2,680,133
FD510 Revenue Total 136,556,192
FD520 Storm Water Utility Enterprise Fund
Charges for Services 45,919,210
Miscellaneous Revenue 60,600
From the Use of Money and Property 1,515,000
Revenue from the Federal Government 267,597
FD520 Revenue Total 47,762,407
FD530 Waste Management Enterprise Fund
Charges for Services 38,083,027
Permits,Fees,and Regulatory Licenses 125,000
Miscellaneous Revenue 712,286
From the Use of Money and Property 275,000
Revenue from the Commonwealth 40,000
Specific Fund Reserves 1,636,628
FD530 Revenue Total 40,871,941
FD540 Parking Enterprise Fund
Charges for Services 5,205,000
Permits,Fees,and Regulatory Licenses 135,000
Fines and Forfeitures 541,000
From the Use of Money and Property 80,000
Transfer In 68,500
FD540 Revenue Total 6,029,500
FD600 City Garage Internal Service Fund
Charges for Services 14,897,648
Miscellaneous Revenue 120,000
From the Use of Money and Property 25,000
Specific Fund Reserves 89,256
FD600 Revenue Total 15,131,904
FD601 Fuels Internal Service Fund
Charges for Services 7,775,612
From the Use of Money and Property 55,809
FD601 Revenue Total 7,831,421
FD602 Risk Management Internal Service Fund
Charges for Services 18,590,692
From the Use of Money and Property 248,259
Specific Fund Reserves 831,342
City of Virginia Beach,Virginia
Fiscal Year 2022-23 Budget Ordinance
Attachment B-Revenues
FY 2022-23
Adopted
FD602 Revenue Total 19,670,293
FD603 Landscaping Internal Service Fund
Charges lc, Se- 5,030,546
FD603 Revenue Total 5,030,546
FD605 Telecommunications Internal Service Fund
Charges for Services 3,130,710
From the Use of Money and Property 15,000
FD605 Revenue Total 3,145,710
FD650 School Risk Management Internal Service Fund
Charges for Services 15,379,958
FD650 Revenue Total 15,379,958
FD651 School Flexible Benefits Forfeiture Internal Service Fund
Specific Fund Reserves 100,000
FD651 Revenue Total 100,000
FD652 School Health Insurance Internal Service Fund
Charges for Services 184,984,518
FD652 Revenue Total 184,984,518
FD801 City Beautification Fund
Charges for Services 100,000
FD801 Revenue Total 100,000
FD806 Fire Gift Fund
Miscellaneous Revenue 91,907
Specific Fund Reserves 23,546
FD806 Revenue Total 115,453
FD814 Parks And Recreation Gift Fund
Miscellaneous Revenue 55,000
FD814 Revenue Total 55,000
FD817 Social Services Gift Fund
Specific Fund Reserves 46,710
FD817 Revenue Total 46,710
FD818 Virginia Beach Library Gift Fund
Miscellaneous Revenue 112,000
FD818 Revenue Total 112,000
FD400 General Government Capital Projects Fund
Transfer In 3,697,000
Transfer In 4,439,509
Transfer In 3,209,367
Transfer In 28,022,520
Transfer In 2,995,321
Transfer In 10,677,825
City of Virginia Beach,Virginia
Fiscal Year 2022-23 Budget Ordinance
Attachment B-Revenues
FY 2022-23
Adopted
Transfer In 10,009,175
FD400 Revenue Total 63,050,717
FD410 Water and Sewer Capital Projects Fund
Transfer In 3,444,622
Transfer In 3,579,271
FD410 Revenue Total 7,023,893
FD420 Stormwater Capital Projects Fund
Transfer In 21,151,696
FD420 Revenue Total 21,151,696
FD430 Flood Protection Capital Projects Fund
Transfer In 495,000
FD430 Revenue Total 495,000
FD480 Schools Capital Projects Fund
Transfer In 1,000,000
FD480 Revenue Total 1,000,000
Total Budgeted Revenues 3,364,574,046
Less Internal Service Funds 251,274,350
Less Internal Fund Transfers 656,969,389
NET BUDGET REVENUES 2,456,330,307
11
ITEM—II.3.a.2
ORDINANCES
ITEM#72840
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
2. Ordinance to ESTABLISH the Tax Levy of ninety-nine cents ($0.99) on
each one-hundred dollars ($100) assessed valuation on Real Estate for
FY2023
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR
2 FISCAL YEAR 2023
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 202;3 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 not
8 otherwise provided for in this ordinance,at the rate of ninety-nine cents($0.99)on each one hundred dollars($100)
9 of assessed valuation thereof.The real property tax rate that has been prescribed in this section shall be applied on
10 the basis of one hundred percentum of the fair market value of such real property, except for public service real
11 property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
12
13 Sec.2. Amount of Levy on "Certified Storm Water Management Developments and Property," "Certified Solar
14 Energy Recycling Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental
15 Restoration Sites,"Real Estate Improved by Erosion Controls,and Certain Wetlands and Riparian Buffers.
16 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
17 the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 20223, taxes on all real
18 estate (a) certified by the Department of Environmental Quality as "Certified Storm Water Management
19 Developments and Property," (b) certified as provided by Section 58.1-3661 of the Code of Virginia as "Certified
20 Solar Energy Equipment, Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (c) defined
21 by Section 58.1-3664 of the Code of Virginia as an"Environmental Restoration Site,"(d)improved to control erosion
22 as defined by§ 58.1-3665 of the Code of Virginia, or(e) qualifying as wetlands and riparian buffers as described by
23 § 58.1-3666 of the Code of Virginia, not exempt from taxation, at a rate of ninety-nine cents ($0.99) on each one
24 hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall be applied
25 on the basis of one hundred percentum of fair market value of such real property except for public service property,
26 which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
27
28 Sec.3. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
29 There shall be levied and collected for fiscal year 20223 taxes for the special purpose of providing beach
30 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service
31 District, not exempt from taxation, at the rate of few two cents($0.04)($0.02) on each one hundred dollars ($100)
32 of assessed value thereof.This real estate tax rate shall be in addition to the real estate tax rate set forth in Section
33 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of
34 the City Code, or Exemption, or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the
35 City Code,this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in Section
36 1 of this ordinance.The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum
37 of the fair market value of such real property except for public service real property, which shall be on the basis as
38 provided in Section 58.1-2604 of the Code of Virginia.
39
40 Sec.4. Amount of Levy on Real Estate Within the Town Center Special Service District.
41 For the special purpose of operating and maintaining the parking garage and providing enhanced services
42 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other
43 additional services authorized by § 15.2-2403 of the Code of Virginia, there shall be levied and collected for fiscal
44 year 20223 taxes on all real estate within the Town Center Special Service District, not exempt from taxation,at the
45 rate of forty-five cents ($0.45) on each one hundred dollars ($100) of assessed value thereof. This real estate tax
46 rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. For real property that qualifies
47 for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption or Freeze for Elderly
48 and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code,this real estate tax rate shall be applied
49 in the same manner as the real estate tax rate set forth in Section 1 of this ordinance.The real estate tax rate imposed
50 herein shall be applied on the basis of one hundred percentum of the fair market value of such real property,except
51 for public service real property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
52
53 Sec.5. Amount of Levy on"Energy-Efficient Buildings".
54 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code,
55 there shall be levied and collected for general purposes for the fiscal year 20223 taxes on all real estate that has
56 been classified as an energy efficient building, not exempt from taxation, at a rate of eighty-four cents ($0.84) on
57 each one hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be
58 applied on the basis of one hundred percentum of fair market value of such real property except for public service
59 property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
60
61 Sec.6. Amount of Levy on Properties Listed in the Virginia Landmarks Register.
62 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code,
63 there shall be levied and collected for general purposes for the fiscal year 20223 taxes on buildings that are
64 individually listed on the Virginia Landmarks Register, not including the real estate or land on which the building is
65 located, so long as the building is maintained in a condition such that it retains the characteristics for which it was
66 listed on the Virginia Landmarks Register at a rate of fifty-two cents($0.52)on each one hundred dollars of assessed
67 valuation thereof. The real property tax rate imposed in this section shall be applied on the basis of one hundred
68 percentum of fair market value of such real property except for public service property,which shall be on the basis
69 as provided by Section 58.1-2604 of the Code of Virginia.
70
71 Sec.7. Amount of Levy on Real Estate Within the Various Dredging Special Service Districts.
72 There shall be levied and collected for fiscal year 20223 taxes for the special purpose of providing
73 neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within each special
74 service district listed below:
75 a. Old Donation Special Service District,not exempt from taxation,at the rate of eighteen and four-tenths
76 cents ($0.184)on each one hundred dollars($100)of assessed value thereof.
77 b. Bayville Creek Special Service District, not exempt from taxation, at the rate of forty seven and two-
78 tenths cents ($0.472) on each one hundred dollars ($100)of assessed value thereof.
79 c. Shadowlawn Special Service District, not exempt from taxation, at the rate of fifteen and ninety-four
80 hundredths cents($0.1594)on each one hundred dollars($100) of assessed value thereof.
81 d. Chesopeian Special Service District, not exempt from taxation, at the rate of twenty nine and thirteen
82 hundredths cents($0.2913)on each one hundred dollars($100)of assessed value thereof.
83 e. Harbour Point Special Service District, not exempt from taxation,at the rate of twelve cents($0.12)on
84 each one hundred dollars ($100) of assessed value thereof.
85 f. Gills Cove Special Service District, not exempt from taxation, at the rate of six and three-tenths cents
86 ($0.063)on each one hundred dollars ($100)of assessed value thereof.
87 g. Hurd's Cove Special Service District, not exempt from taxation, at the rate of forty-three and eight-
88 tenths cents($0.438)on each one hundred dollars($100)of assessed value thereof.
89 h. Schilling's Point Special Service District, not exempt from taxation, at the rate of forty and four-tenths
90 cents ($0.404)on each one hundred dollars($100)of assessed value thereof.
91
92 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. Except
93 as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply without
94 reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption or
95 Freeze for Elderly and Disabled Persons, City Code§§35-61, et seq. As set forth in section 15.2-2403(6)of the Code
96 of Virginia,written consent is required to apply this tax rate to the full assessed value of properties subject to special
97 use value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred
98 percentum (100%) of the fair market value of such real property except for public service real property,which shall
99 be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
100
101 Sec.8 Severability.
102 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
103 shall not affect the validity of the remaining portions of this ordinance.
104
105
106 Sec.9 Effective Date.
107 The effective date of this ordinance shall be July 1,20212.
108
109 Requires an affirmative vote by a majority of all of the members of City Council.
110
Adopted by the City Council of the City of Virginia Beach,Virginia,on the].0 t h day of May, 2022.
APP VED AS TO C NTENT: APP D AS TO EGAL SUFFICIENCY:
Budget and Management Services o y's Office
12
ITEM—II.3.a.3
ORDINANCES
ITEM#72841
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
3. Ordinance to ESTABLISH the Tax Levy on Personal Property and
Machinery and Tools for Calendar Year 2023
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R Jones, Aaron
R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL
2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR
3 YEAR 2023
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 20223 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 a
16 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
18 49.2%51.8%of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from
19 the Commonwealth under the Personal Property Tax Relief Act equal to the remaining 58:8%48.2%of the computed
20 tax on the first$20,000 of assessed value.
21 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 49.2%51.8% 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 Commonwealth under the Personal Property Tax
24 Relief Act equal to the remaining 50.8%48.2%of the computed tax on the first$20,000 of assessed value.
25
26 Sec.3. Amount of Levy on Certain Classifications of Tangible Personal Property
27 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for
28 general purposes for the calendar year 20223 on the certain classifications of tangible personal property set forth
29 below at the rate of four dollars($4.00)on each one hundred dollars($100) assessed valuation thereof.
30 a. heavy construction equipment as described in §58.1-3506(A)(8)of the Code of Virginia;
31 b. computer equipment as described in §58.1-3506(A) (11)of the Code of Virginia;
32 c. tangible personal property as described in(a)§58.1-3506 of the Code of Virginia as"certified pollution
33 control equipment and facilities" and (b) §58.1-3661 of the Code of Virginia as"certified solar equipment,facilities
34 or devices and certified recycling equipment,facilities or devices";
35 d. furniture, office, and maintenance equipment as described in § 58.1-3506 (A) (24) of the Code of
36 Virginia;
37 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1
38 through A 18,except for subdivision A 17,of§58.1-3503 as described in§58.1-3506(A)(26)of the Code of Virginia;
39 f. programmable computer equipment and peripherals employed in a trade or business ad described in
40 §58.1-3506(A)(27)of the Code of Virginia;
41 g. tangible personal property used in the provision of internet service as described in§58-1-3506(A)(31)
42 of the Code of Virginia;
43 h. forest harvesting and silvicultural activity as described in §58-1-3506(A) (33)of the Code of Virginia;
44 i. equipment used primarily for research, development, production or provision of biotechnology as
45 described in §58-1-3506(A) (34)of the Code of Virginia;
46 j. tangible personal property which is owned and operated by a service provider who is not a CMRS
47 provider and is not licensed by the FCC used to provide,for a fee,wireless broadband internet service as described
48 in §58-1-3506(A) (37)of the Code of Virginia.
49
50 Sec.4. Amount of Levy on Manufactured Homes.
51 There shall be levied and collected for general purposes for the calendar year 20223 taxes on all vehicles
52 without motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the
53 Code of Virginia, at the rate of ninety-nine-cents ($0.99) on each one hundred dollars ($100) of assessed valuation
54 thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506(A) (10).
55
56 Sec.5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only.
57 There shall be levied and collected for general purposes for the calendar year 20223 taxes on all boats or
58 watercraft used for business purposes (both boats weighing less than five (5)tons and boats weighing five(5) tons
59 or more), except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on
60 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible
61 personal property in Sections 58.1-3506(A) (35)and (A)(36).
62
63 Sec.6.Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes.
64 There shall be levied and collected for general purposes for the calendar year 20223 taxes on all boats or
65 watercraft not used solely for business purposes weighing less than five(5)tons,and weighing five(5)tons or more,
66 except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one
67 hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal
68 property in Sections 58.1-3506(A)(1) (a)and (A) (1) (b)of the Code of Virginia.
69
70 Sec.7. Amount of Levy on Machinery and Tools.
71 In accordance with Section 58.1-3507 of the Code of Virginia,there shall be levied and collected for general
72 purposes for the calendar year 20223 taxes on machinery and tools, including machinery and tools used directly in
73 the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one
74 millionth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by
75 §58.1-3506 (B) of the Code of Virginia,the following personal property shall also be taxed at the rate of machinery
76 and tools:
77 a. all tangible personal property used in research and development businesses, as described in § 58.1-
78 3506(A)(7)of the Code of Virginia;
79 b. generating or cogenerating equipment, as described in §58.1-3506(A) (9)of the Code of Virginia;and
80 c. all motor vehicles,trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used
81 to transport property or passengers for hire by a motor carrier engaged in interstate commerce, as described in §
82 58.1-3506(A) (25) of the Code of Virginia.
83
84 Sec.8.Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only.
85 There shall be levied and collected for general purposes for the calendar year 20223 taxes on all privately
86 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent
87 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate
88 class of tangible personal property in Sections 58.1-3506 (A) (12), (A)(28), and (A) (29)of the Code of Virginia.
89
90 Sec.9.Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers,and Motor Homes
91 Used for Recreational Purposes Only,and Privately Owned Horse Trailers.
92 There shall be levied and collected for general purposes for the calendar year 20223 taxes at the rate of
93 one dollar and fifty cents($1.50)on each one hundred dollars($100)of assessed valuation thereof on the following
94 property: (a) all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of
95 Virginia and privately owned travel trailers as defined in § 46.2-1900 of the Code of Virginia, that are used for
96 recreational purposes only;and (b) privately owned trailers as defined in §46.2-100 of the Code of Virginia that are
97 designed and used for the transportation of horses, except those trailers described in subdivision (A) (11)of§ 58.1-
98 3505 of the Code of Virginia.Such property declared a separate class of tangible personal property in Sections 58.1-
99 3506(A) (18)and(A) (30)of the Code of Virginia.
100
101 Sec. 10.Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran.
102 There shall be a reduced tax, levied and collected for general purposes for the calendar year 20223 at the
103 rate of one dollar and fifty cents($1.50)on each one hundred dollars($100)of assessed valuation,on one(1) motor
104 vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or
105 a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of Veterans'
106 Affairs.Any motor vehicles in addition to the one(1)so taxed shall not qualify for the taxation at the rate established
107 herein,and shall be taxed at the rate or rates applicable to that class of property.To qualify,the veteran shall provide
108 a written statement to the Commissioner of the Revenue from the Department of Veterans'Affairs that the veteran
109 has been so designated or classified by the Department of Veterans'Affairs as to meet the requirements of Section
110 58.1-3506(A)(19)_of the Code of Virginia,and that his or her disability is service connected. Such property is declared
111 a separate class of tangible personal property in Section 58.1-3506(A) (19)of the Code of Virginia.
112
113 Sec.11.Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five
114 Years of Age or Anyone Found to be Permanently and Totally Disabled.
115 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia,there shall be a reduced tax,
116 levied and collected for general purposes for calendar year 20223 at the rate of one millionth of one cent
117 ($0.000001)on each one hundred dollars($100.00)of assessed valuation, on one(1)automobile or pickup truck
118 owned and used primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and
119 totally disabled,as defined in Section 58.1-3506.3 of the Code of Virginia,subject to the following conditions:
120 1. The total combined income received, excluding the first $7,500 of income, from all sources
121 during calendar year 20201 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars
122 ($22,000).
123 2. The owner's net financial worth, including the present value of all equitable interests, as of
124 December 31 of calendar year 20201 excluding the value of the principal residence and the land, not exceeding one
125 (1) acre, upon which it is situated,shall not exceed seventy thousand dollars ($70,000).
126 3. All income and net worth limitations shall be computed by aggregating the income and assets,
127 as the case may be,of married individuals who reside in the same dwelling and shall be applied to any owner of the
128 motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,irrespective of how
129 such motor vehicle may be titled.
130 b.Any such motor vehicle owned by married individuals may qualify if either spouse is sixty-five or over or
131 if either spouse is permanently and totally disabled,and the conditions set forth in subsection(a)have been satisfied.
132
133 Sec. 12.Amount of Levy on Computer Equipment and Peripherals Used in a Data Center.
134 There shall be levied and collected for general purposes for the calendar year 20223 taxes on all computer
135 equipment and peripherals used in a data center as authorized in § 58.1-3506(A)(43) of the Code of Virginia at the
136 rate of forty cents($0.40)on each one hundred dollars($100)of assessed valuation thereof.
137
138 Sec. 13.Amount of Levy on EMS Volunteer Motor Vehicles.
139 There shall be levied and collected for general purposes for the calendar year 20223 taxes on motor vehicles
140 that meet the ownership and tax burden requirements as set forth in § 58.1-3506(A)(15) of the Code of Virginia at
141 the rate of one millionth of one cent($0.000001)on each one hundred dollars($100)of assessed valuation thereof.
142 Such property declared a separate class of tangible personal property in § 58.1-3506(A)(15) of the Code of Virginia
143 and is limited to one motor vehicle per member. The member is required to regularly respond to emergency calls
144 and the Council believes such designation may be obtained if the member has completed at least 80%of their hourly
145 duty commitment. Such property shall be subject to the certification of the applicable chief of the volunteer
146 emergency medical services agency or volunteer fire department, and if the owner or lessee discontinues active
147 volunteer participation in the activities of such volunteer emergency medical services agency or volunteer fire
148 department,the applicable chief shall forthwith provide the Commissioner of the Revenue of such change in status,
149 which shall result in the Commissioner of the Revenue issuing a prorated tax assessment in accordance with the
150 taxation of motor vehicles.
151
152 Sec. 14. Tangible Personal Property of a Business that Qualifies for the Business License Incentive Program for
153 New Businesses.
154 The tax rate applicable to the tangible personal property of a business that qualifies for the Business License
155 Incentive Program for New Businesses, such classification authorized by § 58.1-3506(A)(45), shall be one millionth
156 of one cent($0.000001)per$100 of assessed value. This tax classification shall apply for the first two years in which
157 the qualifying business is subject to tax upon its personal property in the City of Virginia Beach.
158
159
160
161 Sec. 145.Assessed Value Determination.
162 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above
163 sections shall be assessed at actual fair market value,to be determined by the Commissioner of the Revenue for the
164 City of Virginia Beach.
165
166 Sec.166.Severability.
167 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
168 shall not affect the validity of the remaining portions of this ordinance.
169
170 Sec. 167. Effective Date.
171
172 This ordinance shall be effective January 1, 20223.
173
174 Requires an affirmative vote by a majority of all of the members of City Council.
175
176 Adopted by the City Council of the City of Virginia Beach,Virginia, on thel 0 t h day of May, 2022.
APPVDVED AS TO CONTEN : APPROVED AS LEGAL SUFFICIENCY:
Budget and Management Services Cit ey's Office
13
ITEM—II.3.a.4
ORDINANCES
ITEM#72842
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
4. Ordinance to AUTHORIZE the City Manager to submit an Annual
Funding Plan to the U.S. Department of Housing and Urban
Development(HUD)
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
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 established legislation designated as the Housing and Community
5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; and
6 established additional legislation addressing the goals of reducing homelessness, increasing affordable housing
7 opportunities,and providing housing for people with HIV/AIDS;
8
9 WHEREAS, there is federal assistance available to help achieve these goals and conduct related activities,
10 including additional federal assistance set aside for related programs made available through various acts providing
11 coronavirus pandemic relief and support;and
12
13 WHEREAS,as a prerequisite to receiving the above-referenced federal assistance,the City of Virginia Beach
14 has developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and
15 has created the necessary mechanisms for its implementation in compliance with federal and local directives;
16
17 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
18
19 The City Manager is hereby authorized and directed, as the executive and administrative head of the City,
20 to submit the City's FY 20212-223 Annual Funding Plan (the "Plan") and amendments thereto, along with
21 understandings and assurances contained therein and such additional information as may be required, to the
22 Department of Housing and Urban Development to permit the review, approval,and funding of the Plan.
23
Adopted by the Council of the City of Virginia Beach,Virginia, on the 10 t h day of May, 2022.
APPR VED AS TO CONTENT: D AS O LEGAL SUFFICIENCY:
udget and Management Services `- ey s Office
14
ITEM—II.3.a.5a
ORDINANCES
ITEM#72843
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
5. Ordinance to AMEND City Code Section:
a. 35-64 and 35-67 re Exemption or Deferral of Real Estate Taxes for
elderly or disabled persons
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE TO AMEND SECTIONS 35-64 AND 35-67 OF
2 THE CITY CODE PERTAINING TO THE EXEMPTION OR
3 DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR DISABLED
4 PERSONS
5 SECTIONS AMENDED: §§35-64 AND 35-67
6 WHEREAS,the City Council has previously directed adjustments to the income component of the tax relief
7 for elderly and disabled persons to be adjusted annually to mirror the average increase or decrease of the value of
8 single family residences;and
9
10 WHEREAS,the median increase in the value of a single family residence for FY 20212-223 is 5,510.8%;
11
12 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
13
14 Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows:
15
16 Sec.35-64. General prerequisites to grant;effect of residency in hospital,nursing home,etc.
17
18 (a) Either the exemption or freeze, but not more than one (1), as provided for in this division shall be
19 granted to persons subject to the following provisions:
20
21 (1) The title to the property for which exemption or freeze is claimed is held, or partially held, on
22 June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or
23 freeze and is occupied as the sole dwelling of such person or persons.
24
25 (2) The head of the household occupying the dwelling and owning title or partial title thereto or
26 either spouse in a dwelling jointly held by married individuals is either permanently and totally disabled or is sixty-
27 five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided,
28 however,that a dwelling jointly held by married individuals may qualify if either spouse is over sixty-five (65)years
29 of age.
30
31 (3) For the tax exemption programs, the total combined income received from all sources during
32 the preceding calendar year by: (i)the owner or owners of the dwelling who use it as their principal residence and
33 (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty one thousand and ten dollars
34 ($61,010)sixty seven thousand five hundred ninety nine dollars($67,599)provided that the first ten thousand dollars
35 ($10,000.00)of income of each relative, other than a spouse of the owner,who is living in the dwelling, shall not be
36 included in such total: and provided further that the first ten thousand dollars ($10,000.00) or any portion thereof
37 of income received by a permanently and totally disabled owner shall not be included in such total.
38
39 (4) For the tax freeze program, the total combined income received from all sources during the
40 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii)
41 the owner's or owners' relatives who live in the dwelling, shall not exceed
42 five dollars($79,605)eighty eight thousand two hundred and two dollars($88,202)that the first ten thousand dollars
43 ($10,000.00)of income of each relative, other than a spouse of the owner,who is living in the dwelling, shall not be
44 included in such total;and provided that the first ten thousand dollars($10,000.00)or any portion thereof of income
45 received by a permanently and totally disabled owner shall not be included in such total.
46
47 (5) For the tax exemption programs, the net combined financial worth, including equitable
48 interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the
49 spouse of any owner, excluding the value of the dwelling and the land (not exceeding ten acres) upon which it is
50 situated,shall not exceed three hundred and fifty thousand dollars($350,000.00).
51
52 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as
53 of December thirty-first of the year immediately preceding the taxable year,of the owners,and of the spouse of any
54 owner,excluding the value of the dwelling and the land (not exceeding ten acres)upon which it is situated,shall not
55 exceed three hundred and fifty thousand dollars($350,000.00).
56
57 (7) The dwelling is occupied.
58 . . . .
59 Sec.35-67. Amount of exemption.
60 When a person claiming exemption under this division conforms to the standards and does not exceed
61 the limitations contained in this division,the tax exemption shall be as shown on the following schedule:
62
63 Total income,
64 All Sources Tax Exemption
65 $0.00 $46,560.00 $0.00-$51,588.00 100%
66 $46,560.01—$50,173.00 $51,588.01-$55,592.00 80%
67 $50,173.01 $53,785.00 $55,592.01-$59,594.00 60%
68 $53,785.01 $57,398.00 $59,594.01-$63,597.00 40%
69 $57,398.01 $61,010.00 $63,597.01-$67,599.00 20%
70
71 No lien shall accrue as a result of the amount certified as exempt.
72
73 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2022.
74
75 Adopted by the City Council of the City of Virginia Beach,Virginia,on this 10 t h day of May, 2022.
APPRpVED AS TO CONTENT: Al? D AS TO.LEGAL SUFFICIENCY:
1
Budget and Management Services i orn 's Office
15
ITEM—II.3.a.5b
ORDINANCES
ITEM#72844
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
5. Ordinance to AMEND City Code Section:
b. 35-137, 35-159, 35-182, and 35-207 re tax revenue for the Tourism
Investment Program(TIP)and Tourism Advertising Program(TAP)
Funds
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 35-137, 35-159, 35-
2 182, AND 35-207 AND TO CONTINUE THE DEDICATIONS OF CERTAIN
3 TAX REVENUE FOR THE TOURISM INVESTMENT PROGRAM(TIP)FUND
4 AND THE TOURISM ADVERTISING PROGRAM (TAP) FUND
5
6 SECTIONS AMENDED: 35-137;35-159;35-182;35-207
7 WHEREAS, the Tourism Growth and Investment (TGIF) fund was established in FY 1993-94 to provide
8 funding for tourism related capital projects and initiatives with dedicated revenue streams of ten cents of the
9 Amusement tax, two cents of the Hotel Room tax and one-half cent of the Hotel Room Tax for Beach Events, one-
10 half percent of the Restaurant Meals tax, as well as other miscellaneous tourism related revenue;and
11
12 WHEREAS, the Major Projects fund was established in FY 2001-02 to provide funding for the rebuilding of
13 the Convention Center, the Sandler Center for the Performing Arts and the expansion of the Virginia Aquarium
14 parking facilities with dedicated revenue streams of 80%of the Amusement tax diverted from TGIF, 2.5 cents of the
15 Hotel Room tax,0.56 cents of the Restaurant Meal tax and 2.5 mils per cigarette;and
16
17 WHEREAS,in the FY 2011-12 Operating Budget,the obligations and initiatives supported through TGIF fund
18 and Major Projects fund, as well as their dedicated revenue streams, were combined to create the Tourism
19 Investment Program (TIP)fund;and
20
21 WHEREAS,in FY 2016-17,an additional transient flat tax of$1 per room night was dedicated to the TIP Fund
22 to further support tourism related initiatives and future obligations of the fund;and
23
24 WHEREAS, to coincide with the retirement of debt obligations several revenues dedicated to the TIP fund
25 obtain sunset provisions as established in City Code with 2.5 cents of the Hotel Room tax to sunset June 30, 2027,
26 0.56%of the Restaurant Meals tax set to sunset June 30, 2027, 2.5 mils per cigarette on June 30, 2027, and $1 per
27 room night on transient occupants June 30, 2022;and
28
29 WHEREAS,various local tourism related industries represented by the Resort Advisory Committee and the
30 Resort Investment Committee have identified needs totaling more than $212 million with a willingness to extend
31 the sunset provisions associated with self-imposed taxes in perpetuity;
32
33 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA:
34
35 1) That sections 35-137,35-159, 35-182, and 35-207 of the Code of the City of Virginia Beach are hereby amended
36 and reordained to read as follows:
37
38 Sec.35-137 Levied;amount
39
40 There is hereby imposed and levied on each person a tax equivalent to five and one-half(5.5) percent on the
41 total amount paid for any meal purchased from any food establishment, whether prepared in such food
42 establishment or not and whether consumed on the premises or not. The rate of this tax shall be reduced by
43 one(1) percent on June 30, 2027. The tax shall be computed at a straight five and one-half(5.5) percent, any
44 fraction of one-half or more being treated as one cent($0.01).The revenue from two (2) percent of this levy is
45 hereby dedicated as follows, one and six hundredths of a percent (1.06%)to the Tourism Investment Program,
46 fifty hundredths of a percent (0.50%) to the Tourism Advertising Program, and forty-four hundredths of a
47 percent(0.44%)to the Open Space Program.
48
49
50
51 Sec.35-159 Levied;amount
52
53 a) There is hereby levied and imposed on each transient a tax equivalent to eight(8) percent of the total
54 amount paid for lodging, by or for any such transient,to any lodging place, plus a flat tax of two-dollars
55 ($2.00)for each night of lodging at any lodging place other than a campground.The percentage based
56 portion of the tax rate shall be reduced by two a4af4e half(2.54 percent on June 30, 2027. One dollar
57 ($1.00)of the flat tax dedicated to the Tourism Advertising Program;hall remain in effect through June
58 30, 2023, and the remaining one dollar($1.00)dedicated to the Tourism Investment Program shall be in
59 effect through December 31, 2021. The revenue from five (5) percent of this levy, less the five(5)percent
60 generated within the Sandbridge Special Service District retained by the Sandbridge Special Service
61 District, is hereby dedicated to the Tourism Investment Program, and the revenue from one(1.0) percent
62 of this levy is hereby dedicated to the Tourism Advertising Program.
63
64 ....
65
66 Sec.35-182. Levy of taxes;classification;amount;administration
67
68 a) Classifications. Pursuant to Code of Virginia § 58.1-3817, events to which admission is charged are divided
69 into the following classes,and there are hereby imposed and levied the following taxes with such revenues
70 being dedicated to the Tourism Investment Program fund:
71
72 ....
73
74 Sec.35-207. Levied;amount
75
76 There is hereby levied and imposed by the City,upon each sale of cigarettes,a tax equivalent to thirty-seven
77 and fifty (37.50) mills per cigarette sold within the City, the amount of such tax to be paid by the seller, if
78 not previously paid, in the manner and at the time provided for in this article. The tax shall be reduced by
79 two and one half(2.5)mills per cigarette on June 30,2027.There shall be a penalty for late payment of the
80 tax imposed herein in the amount of ten (10) per centum per month, and interest in the amount of three-
81 quarters of-one(0.75)per centum per month, upon any tax found to be overdue and unpaid. The revenues
82 from two and one-half(2.5) mills per cigarette is hereby dedicated to the Tourism Investment Program.
83
84 2) That the extension of the TIP Fund revenues are to be dedicated and directly appropriated to the Tourism
85 Investment Program Fund unless and until such dedication is changed by formal action of the City Council. A
86 portion of such revenues are to be utilized for the financing plan and debt service for the specific purposes or
87 Capital Improvement Program (CIP) projects below:
88
89 a. Resort Area Site Acquisition (Project#100631)
90 b. Sports Center(Project#100466)
91 c. Sport Tourism Infrastructure(Project#100629)
92 d. Resort Parking District(Project#100059)
93 e. 17th Street Stormwater Facility(Project#100630)
94 f. Atlantic Avenue Street Improvements(Project#100300)
95 g. Visitor Services(Project#100628)
96
97 3) That the extension of TAP Fund revenues are to be dedicate and directly appropriated to the Tourism
98 Advertising Program unless and until such dedication is changed by formal action of the City Council.
99
100 4) This ordinance shall be effective on July 1, 2022.
101
102 Adopted by the City Council of the City of Virginia Beach,Virginia, on this 10 t h day of May, 2022.
103
104 Requires an affirmative vote by a majority of all of the members of City Council.
Approved as to Content Approved as to Legal Sufficiency
Departm nt of Management Services Cit ttorne s Office
16
ITEM—IL3.a.5c
ORDINANCES
ITEM#72845
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
5. Ordinance to AMEND City Code Section:
c. 21-501 re Technology Fees
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE TO AMEND SECTION 21-501
2 OF THE CITY CODE PERTAINING TO
3 TECHNOLOGY FEES
4
5 SECTION AMENDED: § 21-501
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 21-501 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 21-501. Special permits for oversize and overweight vehicles generally.
14
15 . . . .
16
17 Technology fee.
18
19 In addition to any fees otherwise required by this chapter, there shall be a fee in
20 the amount of ten dollars (10.00) for permits issued pursuant to section 33-51. Such fee
21 shall be for the following purposes:
22
23 (j To improve community access to general information about cases,
24 applications, permits and inspections by providing online, user-friendly search
25 and viewing tools;
26
27 ) To facilitate communications with property owners, consultants and
28 contractors through use of on-line checklist and activity tracking that
29 automatically emails notifications and updates regarding permit status and
30 other information not previously available on-line;
31
32 fcj To increase transparency and accountability in business operations by
33 providing users the ability to track all transactions online;
34
35 ) To enhance performance and revenue reporting by providing the ability to
36 produce ad hoc reports on demand; and
37
38 ) To improve the expand electronic document storage, management and
39 retrieval by including scanned images as part of the on-line permit record.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10 t h
day of May, 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Bud et and Management Services o ey s Office
9 9
17
ITEM—II.3.a.5d
ORDINANCES
ITEM#72846
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
5. Ordinance to AMEND City Code Section:
d. 33-72 re Technology Fees
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE TO AMEND SECTION 33-72 OF
2 THE CITY CODE PERTAINING TO
3 TECHNOLOGY FEES
4
5 SECTION AMENDED: § 33-72
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 33-72 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12
13 Sec. 33-72. Technology fee.
14
15 In addition to any fees otherwise required by this chapter, there shall be a fee in
16 the amount of five ten dollars ($5.0010.00) for permits issued pursuant to section 33-51.
17 Such fee shall be for the following purposes:
18
19 . . . .
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10 t h
day of May, 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services orney's Office
18
ITEM—II.3.a.5e
ORDINANCES
ITEM#72847
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
5. Ordinance to AMEND City Code Section:
e. 8-31, 8-31.1, 8-32, 8-33, 8-34, and 8-37 re increase Permit Fees
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE TO AMEND SECTIONS 8-31, 8-
2 31.1, 8-32, 8-33, 8-34 and 8-37 OF THE CITY
3 CODE PERTAINING TO AN INCREASE IN
4 PERMIT FEES
5
6 SECTIONS AMENDED: §§ 8-31, 8-31.1, 8-32, 8-
7 33, 8-34, and 8-37 of the City Code
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Sections 8-31, 8-31.1, 8-32, 8-33, 8-34, and 8-37 of the Code of the City of
13 Virginia Beach, Virginia, are hereby amended and reordained to read as follows:
14
15 Sec. 8-31. Permit fees—Building permits.
16
17 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish
18 any building or structure as defined in the Virginia Uniform Statewide Building
19 Code without first obtaining a building permit therefor and paying the permit fees
20 set forth in this section.
21
22 (b) The minimum fee for any building permit shall be thirty fifty dollars ($30.0050.00).
23 There shall be a fee in the amount of one hundred dollars ($100.00) for the
24 modification of an existing permit.
25
26 (c) For the construction of any building or addition thereto where the floor area is
27 increased and for the installation or erection of any industrialized building unit,
28 the fee shall be based on the floor area to be constructed, as computed from
29 exterior building dimensions at each floor, as follows:
30
31 (1) Residential—living area Thirty Fifty dollars ($30.0050.00) plus seven
32 dollars ($7.00) for each one hundred (100) square feet or fraction thereof.
33
34 (2) Residential—nonheated building area (residential accessory buildings and
35 structures) Thirty Fifty dollars ($30.0050.00) plus four dollars ($4.00) for
36 each one hundred (100) square feet or fraction thereof.
37
38 (3) Businesses/mercantile—building area Thirty Fifty dollars ($30 0050.00)
39 plus eight dollars ($8.00) for each one hundred (100) square feet or
40 fraction thereof.
41
42 (4) Institutional—building area Thirty Fifty dollars ($30.0050.00) plus eight
43 dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
44
45 (5) Assembly, churches, and government buildings—building area Thirty
46 Fifty dollars ($30.0050.00) plus eight dollars ($8.00) for each one hundred
47 (100) square feet or fraction thereof.
48
49 (6) Storage—building area Thirty Fifty dollars ($30.0050.00) plus four dollars
50 ($4.00) for each one hundred (100) square feet or fraction thereof.
51
52 (7) Hazardous storage or occupancy—building area Thirty Fifty dollars
53 ($30.0050.00) plus eight dollars ($8.00) for each one hundred (100)
54 square feet or fraction thereof.
55
56 (8) Industrial—building area Thirty Fifty dollars ($30.0050.00) plus eight
57 dollars ($8.00) for each one hundred (100) square feet or fraction thereof.
58
59 (9) Farm buildings—building area Thirty Fifty dollars ($30.0050.00) plus
60 three dollars ($3.00) for each one hundred (100) square feet or fraction
61 thereof. Farm buildings and structures shall be subject to the requirements
62 of this section; provided, however, that farm buildings and structures not
63 used for residential purposes shall not be subject to the technical
64 requirements of the Virginia Uniform Statewide Building Code.
65
66 (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial
67 interior finish, miscellaneous structures and structures located in a
68 Chesapeake Bay Preservation Area or a Southern Rivers Watershed Area
69 for which a permit fee is not otherwise prescribed by this section,
70 including, but not limited to, patios and driveways—value of construction-
71 Thirty Fifty dollars ($30.0050.00) plus five dollars ($5.00) for each one
72 thousand dollars ($1,000.00) of value of construction or fraction thereof.
73
74 . . . .
75
76 (15) Tents: Tents and other temporary structures permit fee shall be Thirty fifty
77 dollars ($30.0050.00).
78
79 Sec. 8-31.1. Fences and walls.
80
81 (a) A permit shall be required for the construction, reconstruction, replacement or
82 relocation of any fence or wall located within thirty (30) feet of a public right-of-
83 way, except fences or walls used principally for agricultural or horticultural
84 purposes in an AG Agricultural Zoning District. Any such fence or wall located
85 upon more than one (1) lot shall require a separate permit for each such lot,
86 except lots under common ownership.
87
88 (b) The fee for permits required by this section shall be thirty fifty dollars
89 ($30.0050.00).
90
91 . . . .
92
93 Sec. 8-32. Same—Plumbing permits.
94
95 (a) The fee for a permit for plumbing work, as required by the building code, shall be
96 thirty fifty dollars ($30.0050.00) and, in addition thereto, the following:
97
98 . . . .
99
100 Sec. 8-33. Same—Mechanical, life safety, elevator and gas permits.
101
102 (a) The minimum fee for the installation or replacement of mechanical/life safety
103 systems or equipment shall be y fifty dollars ($30.0050.00) plus five dollars
104 ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof.
105
106 (b) The minimum fee for the installation of gas outlets for a gas piping system shall
107 be thirty fifty dollars ($30.0050.00) plus four dollars ($4.00) for each outlet.
108
109 (c) The minimum fee for the relocation of a gas meter shall be thirty fifty dollars
110 ($30.0050.00).
111
112 . . . .
113
114 Sec. 8-34. Same—Electrical permits.
115
116 (a) The fee for a permit for electrical work, as required by the building code, shall be
117 as specified in this section.
118
119 (b) There shall be charged a minimum fee of thirty fifty dollars ($30.0050.00) for
120 each permit issued.
121
122 (c) For a permit issued for a temporary service, such as a trailer, house meter or
123 meter loop added to an existing service, the fee shall be thirty fifty dollars
124 ($30.0050.00).
125
126 (d) For a permit for any special condition, such as and including temporary electrical
127 release for construction purposes, buildings moved, swimming pools, carnivals,
128 services relocated but not increased and the like, the fee shall be a minimum of
129 seventy-five dollars ($75.00). The fee for a permit for prefabricated buildings for
130 out-of-city use shall be thiFty fifty dollars ($30.0050.00).
131
132 (e) For a permit issued for original construction, the following fees include all
133 equipment outlets only if specifically listed on the application and installed by the
134 permit holder before the final inspection, such fees being based on the maximum
135 current carrying capacity of each set or subset of service conductors installed, to
136 the nearest fifty (50) amperes:
137
138 (1) Single-phase: Thy Fifty dollars ($30.0050.00) plus twenty dollars
139 ($20.00) for each additional fifty (50) amperes.
140
141 (2) Three-phase: Eighty dollars ($80.00) plus twenty dollars ($20.00) for each
142 additional fifty (50) amperes.
143
144 When services are increased or phases added, the fee shall be one-half the rate above,
145 plus the added equipment fee. For fee purposes, the service-panel nameplate
146 amperage rating shall be used.
147
148 (f) For each piece of equipment connected and for each circuit or feeder installed,
149 extended, relocated or repaired, the fee shall be y fifty dollars ($30.0050.00)
150 plus five dollars ($5.00) per circuit.
151
152 (g) On any electrical work commenced before an electrical permit has been issued
153 and the requisite fee paid therefore, an administrative fee of two hundred fifty
154 dollars ($250.00) per unit shall be added to the fee due. Payment of such
155 administrative fee shall not in any way relieve the violator from such penalties as
156 may be imposed by the courts.
157
158 . . . .
159
160 Sec. 8-37. Technology fee.
161
162 In addition to any fees otherwise required by this chapter, there shall be a fee in
163 the amount of five ten dollars ($5.0010.00) for permits issued pursuant to sections 8-31,
164 8-31 .1, 8-32, 8-33, 8-34. Such fee shall be for the following purposes:
165
166 . . . .
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10 t h
day of May, 2022.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services ey'S Office
19
ITEM—II.3.a.6
ORDINANCES
ITEM#72848
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2022-23 OPERATING BUDGET
6. Ordinance to RE-AFFIRM the City's commitment and to clam the scope
re Open Space Program
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE TO REAFFIRM THE CITY'S COMMITMENT TO THE
2 OPEN SPACE PROGRAM AND TO CLARIFY THE SCOPE OF THE OPEN
3 SPACE PROGRAM
4 WHEREAS, on May 15, 2001 the City Council adopted an ordinance that allocated the revenue generated
5 by forty-four(44) hundredths of one (1) percent of the tax on meals purchased at food establishments to the Open
6 Space Special Revenue Fund; and
7
8 WHEREAS, the goal of the Open Space Program is to identify, acquire, and preserve real estate for future
9 recreational development in the City. Outlined in an Outdoors Plan developed by the Department of Parks and
10 Recreation,the program calls for the preservation of 5%of the City's land for parks,trails,or natural vistas;and
11
12 WHEREAS, in the FY18 Operating Budget,the mission of the Open Space Program was amended to include
13 "development and maintenance of open space and park infrastructure;"
14
15 WHEREAS,the City Council desires to return the Open Space Program to its original purpose of acquisition
16 of open space properties;
17
18 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA,THAT:
19
20 The City Council hereby affirms its commitment to the Open Space Program and desires the meals tax
21 revenues that have heretofore been dedicated to the Open Space Program to continue. The guidance in the FY18
22 Operating Budget regarding the use of Open Space Program funds for park infrastructure and maintenance is
23 rescinded from programmed funding in the out years of the six-year CIP.
24
25 BE IT FURTHER ORDAINED:That this ordinance shall be effective on July 1, 2022.
26
27 Adopted by the City Council of the City of Virginia Beach,Virginia, on thisl 0 t hday of May, 2022.
Approved as to Content Appr as to Legal Sufficiency
1( tm::67b(,(2t),
./lam
Department of Management Services C' yAttorney's Office
20
ITEM—II.3.b.1
ORDINANCES
ITEM#72849
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
b. FY2022-23 CAPITAL BUDGET
1. Ordinance to ADOPT the FY 2022-23 through FY2027-28 Capital
Improvement Program (CIP) and APPROPRIATE$387,493,552 re FY
2022-23 Capital Budget, subject to funds being provided from various
sources set forth herein
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE TO ADOPT THE FY 2023 - FY 2028 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE FUNDS FOR THE FY
3 2022-23 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM
4 VARIOUS SOURCES SET FORTH HEREIN
5 WHEREAS,the City Manager,on March 22,2022,presented to City Council the Capital Improvement Program for Fiscal
6 Years 2022-23 through 2027-28;
7
8 WHEREAS,the City Council held public hearings on the program to provide for public comment;
9
10 WHEREAS, based on public comment, the 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 Fiscal Year 2022-23,
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 THAT:
17
18 Section 1. The Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities
19 identified for Fiscal Years 20242-223 through 202€7-278 is hereby adopted, and the projects listed therein are hereby
20 approved as capital projects.
21
22 Section 2. The projects shall be financed from funds to be appropriated periodically by City Council, and until funds
23 are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at
24 any time by City Council.
25
26 Section 3. Funds in the amounts aggregating $387,493,552 for capital projects in the Capital Budget for Fiscal Year
27 20212-22-3 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. In accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget for
32 Fiscal Year 20212-223 as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B —
33 Financing Sources."
34
35 Section 5. 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. Reductions in financing sources in support of the Capital Budget for Fiscal Year 20242-223 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. In accordance with adjustments in funding sources from the Virginia Department of Transportation,
42 $1,710,000 of appropriated funds from the Commonwealth for Project # 100058 "Centerville Turnpike Phase III" is hereby
43 modified to$1,710,000 in funds from the federal government;$459,000 of appropriated funds from the Commonwealth for
44 Project # 100123 "Cleveland Street Improvements Phase IV" is hereby modified to $459,000 in funds from the federal
45 government;and $860,000 of funds from the Commonwealth for Project# 100213 "Indian River Road Phase VII-B" is hereby
46 modified to$860,000 in funds from the federal government.
47
48 Section 8. In accordance with actual realized revenue at the completion of the projects, $682,718 in estimated
49 developer contribution revenue is hereby replaced with fund balance from the General Fund to the Water and Sewer
50 Camp Pendleton Improvements Projects.
51
52 Section 79. Additional appropriations, the addition of capital projects, and changes in project scope shall not be
53 initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the
54 Capital Improvement Program shall continue in force and,to the extent required by law,re-appropriated for use in Fiscal Year
55 202-12-223 until the purpose for which it was made has been accomplished or abandoned.
56
57 Section 810. All contracts awarded for approved and appropriated capital projects,exclusive of school projects, must
58 be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract.
59
60 Section 811.Subject to any applicable restriction of law or of any bonds or bond issue,the City Manager or the Director
61 of Budget and Management Services is authorized to approve transfers of appropriations in an amount up to $100,000
62 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City
63 Council of all transfers between$25,000 and$100,000. The City Manager or the Director of Budget and Management Services
64 is hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices,
65 reporting requirements and the Capital Improvement Program adopted by the City Council.
66
67 Section 102. To ensure timely completion of water and sewer projects,appropriations for water and sewer companion
68 projects may be transferred between these projects by the City Manager (or designee). "Companion projects" mean water
69 and sewer projects having the same name or project scope and description with the exception of"water" or "sewer" being
70 in the title and/or project scope and description.
71
72 Section 13. To ensure timely completion of Flood Protection projects, appropriations for companion projects within
73 the same "master project" may be transferred by the City Manager or his designee. "Master Project" refers to any of the
74 seven umbrella projects as identified earlier within this document. These transfers will be reported to the Flood Protection
75 Citizen Oversight committee monthly.
76
77 Section 14.To ensure prompt construction contract execution and to mitigate the impacts of inflation on authorized
78 capital projects,transfers in excess of$100,000 may be made in FY 2022-23 between capital projects within the same capital
79 improvement section if such additional funding is immediately needed to issue a construction contract.These transfers will be
80 reported to City Council monthly. To the extent practicable, any such transfer should not materially jeopardize the schedule
81 of the project from which the funds are transferred.
82
83 Section 15. Notwithstanding other outlined budgetary controls,the City Manager or his designee, is hereby
84 authorized to transfer up to$12,000,000 between 100146 "Atlantic Park Entertainment Venue"and 100606"Atlantic Park
85 Offsite Infrastructure." Prior to such a transfer,the City Manager will provide a report to City Council expressing the intent,
86 reasoning, and amount of the transfer.
87
88 Section 11-6. The City Manager or the Director of Budget and Management Services is hereby authorized to change,
89 subject to any applicable restriction of law or of any bonds or bond issue,the financing sources for the various capital projects
90 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or
91 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of Budget
92 and Management Services is authorized to reduce,subject to any applicable restriction of law or of any bonds or bond issue,
93 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of
94 any reductions to total appropriations exceeding$100,000. The notice to City Council shall identify the basis and amount of
95 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a
96 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds.
97
98 Section 127. The Capital Improvement Program debt management policies contained and included in the Resource
99 Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report on the
100 status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines,such
101 information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to
102 those policies and guidelines through the Resource Management Plan.
103
104 Section 148. Subject to the appropriation of sufficient funds within a capital project, the acquisition of real property
105 necessary for the project is authorized by means of voluntary negotiation with willing sellers.
106
107 Section 149. Attachment B of this Ordinance includes $76,406,188 of funding using Public Facility Revenue Bonds
108 ("PFRB Financing"). "Attachment E — Projects Utilizing Public Facility Revenue Bonds," attached hereto and incorporated,
109 provides a list of projects that include PFRB Funding and the amount of PFRB Funding for Fiscal Year 20212-223. Without
110 changing the amount of total PFRB Funding authorized by this Ordinance,the Director of Finance is authorized to adjust the
111 allocations and/or amounts among the projects to ensure that the tax-exempt status for any resulting bonds is retained.
112
113 Section 4620.Violation of this ordinance shall result in the City Manager taking disciplinary action against the person
114 or persons responsible for the capital project in which the violation occurred.
115
116 Section 1621. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid,such decision
117 shall not affect the validity of the remaining portions of this ordinance.
118
119 Section 1722. This ordinance shall be in effect from the date of its adoption;however,appropriations for the PF Fiscal
120 Year 20212-223 Capital Budget shall be effective on July 1, 20212.
121
122 Requires an affirmative vote of the majority of the members of City Council
123
124 Adopted by the Council of the City of Virginia Beach,Virginia, on the_0 t hday of May, 2022.
125
126
127 Approved as to Content: Approved as to Legal Sufficiency:
128
129 •
130
131 Budget and anagement Sery ces ity Attorney's Office
Attachment A-Capital Budget Appropriations
Appropriations
Project Number Projects FY23
Buildings and Assets
PG100047 Facilities Access Systems 425,000
PG100138 Convention Center Capital Maintenance 343,060
PG100165 Energy Performance Contracts(City)II 550,000
PG100170 Facilities Planning Services 250,000
PG100175 Fire Apparatus IV 3,151,950
PG100176 Fire Facility Rehabilitation and Renewal III 500,000
PG100178 Fire Training Center Improvements IV 300,000
PG100203 Heritage Building Maintenance II 300,000
PG100225 Judicial Center Maintenance 70,000
PG100325 Public Safety Equipment Replacement Project 1,450,000
PG100392 City Security Enhancements 500,000
PG100437 VA Aquarium Bldg Systems&Facility Infrastructure II 1,434,540
PG100445 Various Buildings HVAC Rehabilitation&Renewal IV 2,500,000
PG100446 Various Buildings Rehabilitation and Renewal IV 3,800,000
PG100463 Virginia Aquarium Renewal and Replacement III 600,000
PG100503 Judicial Center Escalator Replacement 6,541,845
PG100614 Leroy Road Impound Lot and Remedial Action 1,443,700
Total Buildings and Assets Projects 24,160,095
Coastal
PG100030 Bay Beaches Restoration 2,500,000
PG100036 Beach Profile Monitoring Program II 150,000
PG100064 Chesapeake Beach Restoration 2,650,000
PG100142 Croatan Beach Restoration 78,000
PG100253 Bayville Creek Neighborhood Dredging II 363,000
PG100258 Lynnhaven Inlet Maintenance Dredging II 375,000
PG100274 Neighborhood Dredging Spur Channels 229,156
PG100344 Rudee Inlet Federal Dredging II 600,000
PG100345 Rudee Inlet Outer Channel Maintenance Dredging II 750,000
PG100349 Sandbridge Beach Access Improvements II 400,000
PG100450 Various Minor Dredging Projects II 400,000
PG100510 Sandbridge Beach Restoration IV 4,276,341
PG100534 Old Donation Creek Area Dredging II 570,000
PG100550 Shadowlawn Area Dredging II 42,000
PG100560 Harbour Point Neighborhood Dredging II 22,000
PG100617 Rudee Inlet Weir Replacement 754,824
Total Coastal Projects 14,160,321
Economic and Tourism Development
PG100145 Atlantic Park Site Acquisition 200,000
PG100146 Atlantic Park Entertainment Venue 8,000,000
PG100606 Atlantic Park Offsite Infastructure 4,000,000
PG100157 Economic Development Investment Program II 1,966,449
PG100456 Virginia Beach Amphitheater Capital Maintenance 200,000
PG100059 Resort Parking District 15,000,000
PG100206 Commercial Area Revitalization and Flood Resiliency 99,999
PG100262 Lynnhaven Parkway Corridor Improvements 625,000
PG100282 Oceana&ITA Conformity&Acquisition II 363,269
PG100283 Oceanfront Capital Projects Reinvestment 600,000
PG100285 Oceanfront Parking Facilities Capital Maintenance/Development II 1,500,000
PG100286 Oceanfront Restrooms 500,000
PG100300 Atlantic Avenue Street Improvements 9,900,000
PG100399 Strategic Development Projects 250,000
PG100420 Town Center Garage and Plaza Capital Maintenance II 1,352,726
PG100421 Town Center Reinvestment 150,000
PG100466 Virginia Beach Sports Center 5,090,000
PG100489 Winston-Salem Avenue Improvements 600,000
PG100577 Strategic Site Acquisition and Disposition 1,000,000
PG100628 Visitor Information Services 1,000,000
PG100629 Sports Tourism Facilities&Infrastructure 1,950,000
PG100631 Resort Area Site Acquisition 12,900,000
PG100635 Corporate Landing Business Park Infrastructure 3,000,000
Total Economic and Tourism Development Projects 70,247,443
Flood Protection
PG100578 Stormwater Project Administration 495,000
Total Flood Protection Projects 495,000
Information Technology
PG100067 Next Generation Content Management System 125,000
PG100076 Accela Sustainment 675,000
PG100083 Cable Access Infrastructure Replacement II 315,000
PG100084 City Software Upgrade/Replacement Plan 2,500,000
PG100087 Communications Infrastructure Replacement III 13,736,126
PG100094 CIT-Enterprise Customer Relationship Management System 1,360,000
PG100103 IT Service Continuity II 1,020,458
PG100105 Maintain and Secure Corporate Data 1,325,500
PG100106 Next Generation Network 4,070,659
PG100107 Network Infrastructure Replacement III 8,316,446
PG100113 Enterprise Public Safety Systems 1,100,000
PG100118 Telecommunications Replacement II 1,100,000
PG100533 Next Generation 911 2,500,000
PG100570 ECCS Back-Up Site Phase II 250,000
PG100572 HR/Finance Software Sustainment 1,245,026
PG100574 Courts Technology System Sustainment 250,000
PG100579 Juvenile Detention Center Security Replacement 490,000
PG100580 Gunshot Detection System 630,000
PG100581 Comprehensive Crime Prevention through Environmental Design(CPTED) 750,000
PG100583 Wi-Fi in City Parks 156,080
PG100618 Revenue Management System Sustainment 465,750
PG100619 Check Processing System Upgrade 677,000
PG100624 Forensic Evidence Management 506,000
PG100621 Children's Services Act Modernization 975,000
PG100622 Human Services-Evidence Management System 520,000
PG100620 Human Services-Document Management System 1,353,000
Expansion
Total Information Technology Projects 46,412,045
Parks and Recreation
PG100023 Athletic Fields Lighting and Renovations III 275,000
PG100040 Bikeways/Trails Repairs and Renovations I 280,000
PG100119 City Bikeways and Trails Plan Implementation II 475,000
PG100194 Golf Courses Contractual Obligations-Maintenance I 120,000
PG100198 Greenways,Scenic Waterways and Natural Areas III 250,000
PG100256 Lynnhaven Boat Ramp&Beach Facility Repairs/Reno I 50,000
PG100289 Open Space&Park Infrastructure Development&Maintenance II 2,500,000
PG100299 Park Playground Renovations III 400,000
PG100320 Parks and Special Use Facilities Development/Reno III 1,984,367
PG100393 Sportsplex/Field Hockey National Trng Ctr Rep/Reno I 726,135
PG100402 Stumpy Lake Golf Course Contractual Obligations I 27,000
PG100413 Tennis Court Renovations III 300,000
PG100637 Pungo Ferry Landing Park Improvements 2,585,625
PG100638 Owls Creek Boat Launch 3,993,000
PG100632 Park Infrastructure Replacement&Underdeveloped Parks 1,000,000
Total Parks and Recreation Projects 14,966,127
Roadways
PG100050 Bus Stop Infrastructure and Accessibility Improvements 250,000
PG100058 Centerville Turnpike Phase III 19,598,342
PG100123 Cleveland Street Improvements IV 5,276,240
PG100159 Elbow Road Extended Phase II-C 8,041,718
PG100160 Elbow Road Extended Phase II-D 500,000
PG100213 Indian River Road Phase VII-B 1,679,401
PG100217 Indian River Road Phase VII-A 3,872,754
PG100268 Major Bridge Rehabilitation II 1,360,000
PG100278 Nimmo VII-B 10,000,000
PG100301 Parliament Drive Sidewalk Phase II 246,305
PG100306 Pleasure House Road Street Improvements Phase II 1,705,211
PG100347 Rural Road Improvements II 250,000
PG100348 Rural Road Recurring Flooding,SLR&Resiliency 500,000
PG100381 Shore Drive Corridor Improvements Phase III 3,198,626
PG100383 Shore Drive Corridor Improvements-Phase IV 4,343,513
PG100401 Street Reconstruction II 2,150,000
PG100422 Traffic Calming 150,000
PG100423 Traffic Safety Improvements IV 1,831,662
PG100425 Traffic Signal Rehabilitation II 1,400,000
PG100447 Various Cost Participation Projects II 25,000
PG100484 Wetlands Mitigation Banking II 100,000
PG100502 Citywide Street Lighting Improvements III 70,000
PG100522 Traffic Signal Retiming II 150,000
PG100524 Pleasure House Road Street Improvements Phase I 757,139
PG100529 Elbow Road Extended Phase II-B 2,492,537
PG100537 Dam Neck Road/Holland Road Intersection Improvements 180,000
PG100542 General Booth Boulevard/Oceana Boulevard Intersection Improvements 500,000
PG100633 Atlantic Avenue Pedestrian Improvements 266,000
PG100634 Construction Engineering and Inspection(CEI)Program 3,500,000
PG100627 Relocation of 19th Street&Pacific Avenue Signal 142,000
Total Roadways Projects 74,536,448
Sewer Utility
PG100302 Pembroke Meadows Neighborhoods Sanitary Sewer Rehabilitation 1,380,000
PG100327 Pump Station Program VI 1,845,595
PG100361 Sanitary Sewer System Revitalization Program III 3,601,581
PG100371 Sewer Pump Repairs and Replacements 850,000
PG100374 Sewer Tap Installation Program II 350,000
PG100519 Sanitary Sewer Force Main Rehabilitation I 3,280,000
PG100523 Cleveland Street Sewer Improvements 138,000
PG100525 Landstown Yard Improvements IV 1,600,000
PG100528 Resort Area Neighborhood Revitalization 660,000
PG100563 Princess Anne Plaza,Windsor Woods&The Lakes Sanitary Sewer Improvements 750,000
PG100611 Green Garden Sanitary Sewer System Improvements 2,250,000
Total Sewer Utility Projects 16,705,176
Storm Water
PG100043 BMP Maintenance Program Phase I 1,100,000
PG100053 Canal Management Phase I 500,000
PG100232 Lake Management II 3,307,611
PG100263 Lynnhaven River Basin Ecosystem Restoration Project 1,200,000
PG100264 Lynnhaven River Watershed II 615,000
PG100287 Oceanfront Storm Water Facilities Maintenance 1,650,000
PG100314 Primary System Infrastructure Improvements II 1,520,000
PG100335 Residential Drainage Cost Participation Program II 50,000
PG100390 Southern Canal/Lead Ditch and Culvert Improvements 2,390,000
PG100391 Southern Rivers Watershed 1,200,000
PG100395 Storm Water Pump Station Modifications 1,250,000
PG100397 Storm Water Quality Enhancements II 1,611,762
PG100404 Surface Water Regulatory Compliance Program 1,700,000
PG100405 SW Infrastructure Rehabilitation&Improvements II 5,000,000
PG100472 Water Quality Cost Participation Projects II 250,000
PG100515 Enhanced Neighborhood Rehabilitation-Phase I 1,203,702
PG100566 Chatham Hall Water Quality Improvement Project 1,040,000
PG100567 Kemps Lake Water Quality Improvement Project 110,000
Total Storm Water Projects 25,698,075
Water Utility
PG100158 Elbow Road Ext.Water Improvements Phases I&II(VDOT) 575,000
PG100230 Lake Gaston Raw Water Transmission System Rehabilitation I 1,556,147
PG100238 Landstown Yard Improvements IV 1,600,000
PG100303 Pembroke Meadows Neighborhoods Water Rehabilitation 5,200,000
PG100470 Water Line Extension,Replacement&Rehab Program II 1,275,000
PG100478 Water Tap Installation Program II 200,000
PG100479 Water Transmission System Upgrade Program II 500,000
PG100561 Princess Anne Plaza,Windsor Woods&The Lakes Water Improvements 900,000
PG100562 Atlantic Avenue Water Meter Vault Replacements 1,310,000
PG100612 Green Garden Water System Improvements 3,800,000
Total Water Utility Projects 16,916,147
Schools
PG601001 Renovation and Replacement Energy Management/Sustainability 1,900,000
PG601002 Tennis Court Renovations-Phase II 200,000
PG601015 Princess Anne High School Replacement 34,050,000
PG601016 Energy Performance Contracts-Phase II 2,500,000
PG601017 Renovations and Replacements-Grounds Ill 1,800,000
PG601018 Renovations and Replacements-HVAC Ill 8,500,000
PG601019 Renovations and Replacements-Reroofing III 5,500,000
PG601020 Renovations and Replacements-Various III 3,400,000
PG601022 Elementary School Playground Equipment Replacement 250,000
PG601027 Renovations and Replacements-Safe School Improvements 200,000
PG601028 B.F.Williams Elementary/Bayside 6th(Grades 4-6)Replacement 11,500,000
PG601029 Bayside High School Replacement 13,396,675
Total Schools Projects 83,196,675
Total Capital Budget 387,493,552
Attachment B-Capital Budget Financing Sources
Financing Sources Capital Budget
Charter Bonds 80,468,010
Schools' Energy Performance Contract(PFRB) 2,500,000
Federal Contribution 16,815,303
Franchise Fees 315,000
Fund Balance-General Fund 31,932,447
Fund Balance-Schools 11,000,000
Fund Balance-Town Center 1,000,000
General Appropriations 66,363,350
Lease of Property 98,172
Private Contribution 282,496
Public Facility Bonds 73,906,188
Retained Earnings-Parking Enterprise Fund 1,000,000
Retained Earnings-Storm Water Utility 2,369,012
Retained Earnings-Telecommunications 1,100,000
Retained Earnings-Water and Sewer Fund 4,000,000
Sale of Property(BRAC) 363,269
Sale of Property 1,000,000
State Contribution 41,847,552
Storm Water Utility Bonds 2,177,367
Storm Water Utility Fund 19,334,063
Water and Sewer Bonds 22,597,430
Water and Sewer Fund 7,023,893
Total Capital Budget 387,493,552
Attachment C-Transfers
Appropriations
Prior to
Project# FY 2022-23
Public Education
Transfer To:
601032 School Telephone System Replacement 7,266,223
Total Transfer To: $ 7,266,223
Transfer From:
601020 Renovations and Replacements-Various III 7,266,223
Total Transfer From: $ 7,266,223
Roadways
Transfer To:
100171 Ferrell Parkway 113,172
100217 Indian River Road Phase VII-A 1,920,169
100183 First Colonial Rd &VA. Beach Blvd. Intersection Imp. 2,081,820
100356 Sandbridge Road-Nimmo Phase VII-A 3,735,161
100381 Shore Drive Corridor Improvements Phase III 5,155,779
Total Transfer To: $ 13,006,101
Transfer From:
100160 Elbow Extended Phase II-D $500,000
100045 Buccaneer Road Bulkhead $1,817,543
100214 Indian River Road / Kempsville Road Intersection $650,000
100354 Sandbridge-Nimmo Phase VII-A SLR Resiliency Study $387,750
100348 Rural Road Recurring Flooding, SLR & Resiliency $1,000,000
100347 Rural Road Improvements- Phase II $300,000
100318 Princess Anne Road Phase VII $1,000,000
100276 Nimmo Parkway Phase II-A $500,000
100328 Pungo Ferry Bridge Rehab $770,441
100319 Princess Anne Road / Kempsville Road Intersection $100,000
100492 Witchduck Road Phase II $500,000
100050 Bus Stop Infrastructure $500,000
100379 Shipps Corner $2,028,810
100547 Princess Anne Road /TCC Intersection $250,000
100306 Pleasure House Road Street Improvements Phase II $965,996
100423 Traffic Safety Improvements Phase IV $935,561
100484 Wetlands Mitigation Banking II $800,000
Total Transfer From: $ 13,006,101
Parks and Recreation
Transfer To:
100190 Foxfire Trail Pedestrian Bridge 300,000
Attachment C-Transfers
Appropriations
Prior to
Project# FY 2022-23
Total Transfer To: $ 300,000
Transfer From:
100249 Little Island Parking Lot 300,000
Total Transfer From: $ 300,000
Water and Sewer Utility
Transfer To:
100230 Lake Gaston Raw Water Transmission System 380,853
100361 Sanitary Sewer System Revitalization Program III 2,398,418
100327 Pump Station Program VI 2,259,405
Total Transfer To: $ 5,038,676
Transfer From:
100013 Advanced Water Metering $ 300,000
100375 SGA Sanitary Sewer System 250,048
100027 AUX Power Program 2,000,000
100362 Snitary Sewer System Revitalization 942,016
100220 Infiltration Inflow & Rehab 484,724
100506 Public Utilities Office Space 78,505
100507 Public Utilities Office Space 78,505
100494 Witchduck Rd- Phase II 40,212
100469 Water Line Extension 4,513
Fixed Assets 860,153
Total Transfer From: $ 5,038,676
Storm Water& Flood Protection
Transfer To:
PG100406 SWM Master Planning, Analysis, and Inventory 3,995,000
PG100488 Windsor Woods Tide Gate 3,520,000
PG100365 Sea Level Rise/Recurrent Flooding Analysis 400,000
PG100273 Neighborhood SW Infrastructure Improvements II 600,000
PG100567 Kemps Lake Water Quality Improvement 3,330,000
PG100032 Bayville Lake Water Quality Improvement Project 1,430,000
PG100280 North Lake Holly Watershed 1,280,000
PG100578 Stormwater Project Administration 505,000
PG100504 Parcel Level Flood Mitigation Program 500,000
PG100153 Eastern Shore Drive - Cape Henry Canal Phase II 439,490
Total Transfer To: $ 15,999,490
Transfer From:
PG100154 Eastern Shore Drive Drainage Phase I 439,490
PG100026 Atlantic Ocean Watershed Stormwater Projects 500,000
PG100161 Elizabeth River Watershed 750,000
PG100397 Storm Water Quality Enhancements II 750,000
PG100465 Little Creek Watershed Water Quality Projects 750,000
PG100265 Lynnhaven River Watershed Stormwater Projects 780,000
Attachment C-Transfers
Appropriations
Prior to
Project# FY 2022-23
PG100264 Lynnhaven River Watershed II 1,900,000
PG100404 Surface Water Regulatory Compliance Program 1,900,000
PG100391 Southern Rivers Watershed 2,230,000
PG100551 Stormwater Green Infastructure 3,000,000
PG100582 Stormwater Infastructure Cost Participation 3,000,000
Total Transfer From: $ 15,999,490
Information Technology
Transfer To:
100075 21st Century Enterprise Resource Planning $ 256,000
100095 Enterprise Scheduling and Timekeeping System $ 496,574
100113 Enterprise Public Safety Systems 146,000
Total Transfer To: $ 898,574
Transfer From:
100412 E-Business Suite $ 256,000
100074 21st Century Enterprise Resource Planning (HCM) $ 496,574
100073 Police Special Investigations Video 146,000
Total Transfer From: $ 898,574
Coastal
Transfer To:
100152 Eastern Branch Lynnhaven River $ 2,000,000
Total Transfer To: $ 2,000,000
Transfer From:
1000345 Rudee Inlet Outer Channel $ 2,000,000
Total Transfer From: $ 2,000,000
Miscellaneous
Transfer To:
100588 Violet Bank Trail $ 300,000
Total Transfer To: $ 300,000
Transfer From:
100042 Building 2 Electrical Upgrade $ 7,276
100016 EOC Space Revision $ 19,186
100163 EMS Headquarters Generator $ 116,168
100438 VA Aquarium Renewal and Replacement II $ 98,468
100495 Woodstock Cove Shoreline $ 30,556
100532 Parks Infastructure Replacement $ 28,345
Total Transfer From: $ 300,000
Attachment D-Reductions in Funding
Amount of
Reduction in
Appropriations
Prior to Funding
Project# FY 2022-23 Source
Roadways
100423 Traffic Safety Improvements $ 99,056 Federal Revenue
Total Reduction: $ 99,056
Attachment E-Projects Utilizing Public Facility Bonds
Summary of Public Facility Bonds:
601016 Energy Performance Contracts Phase II (115 School Operating) $ 2,500,000
601015 Princess Anne High School Replacement(115 School Operating) $ 15,000,000
100503 Judicial Center Escalator(100 General Fund) $ 5,806,188
100165 Energy Performance Contracts City(100 General Fund) $ 550,000
100631 Resort Site Acquisition (241 TIP Fund) $ 12,900,000
100606 Atlantic Park Offsite Infastructure (241 TIP Fund) $ 4,000,000
100146 Atlantic Park Entertainment Venue (241 TIP Fund) $ 8,000,000
100059 Resort Parking District (241 TIP Fund) $ 15,000,000
100300 Atlantic Avenue Street Improvements (241 TIP Fund) $ 9,900,000
100629 Sports Tourism Infastructure (241 TIP Fund) $ 1,600,000
100286 Oceanfront Restrooms (241 TIP Fund) $ 500,000
100145 Atlantic Park Development Site Acquisition (241 TIP Fund) $ 200,000
100635 Corporate Landing(100 General Fund) $ 450,000
$ 76,406,188
Note:The fund responsible for the debt service as a result of the issuance of bonds in these amounts is shown in
parentheses next to the project title.
21
ITEM—II.3.b.2
ORDINANCES
ITEM#72850
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
b. FY2022-23 CAPITAL BUDGET
2. Ordinance to AUTHORIZE the issuance of General Obligation Public
Improvement Bonds in the maximum amount of$69,107,404 re various
public facilities and general improvements
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL
2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF
3 VIRGINIA BEACH,VIRGINIA, IN THE MAXIMUM AMOUNT OF
4 $69,107,404 FOR VARIOUS PUBLIC FACILITIES AND GENERAL
5 IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general
7 obligation public improvement bonds for various purposes in the maximum amount of$69,107,404, as permitted by
8 the City Charter,without submitting the question of their issuance to the qualified voters;and
9
10 WHEREAS,City Council held public hearings on the Capital Improvement Program to provide for public
11 comment.
12
13 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
14
15 1. It is hereby determined to be necessary and expedient for the City to construct and improve various public
16 facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants
17 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof
18 through the borrowing of up to$69,107,404 and issuing the City's general obligation bonds therefore.
19
20 2. Pursuant to the City Charter and the Public Finance Act of 1991(§15.2-2600 et seq.of the Code of Virginia),
21 there are hereby authorized to be issued general obligation public improvement bonds of the City in the maximum
22 amount of $69,107,404 to provide funds, together with other funds that may be available, for various public
23 improvement projects, including School, Roadway, Coastal, Economic and Tourism, and Building projects, for project
24 activities that include, but are not limited to, the following: preliminary studies and surveys, permit compliance,
25 environmental assessment, planning, design, engineering, site acquisition, relocation of residents, utility relocation,
26 construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, inspection and
27 support services,furniture and equipment,and contingencies.
28
29 3. The bonds may be issued as a separate issue at one time or in part from time to time or combined with
30 bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds.
31
32 4. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their
33 dates,bear interest,be in such denominations and form,be executed in such manner and be sold at such time or times
34 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
35
36 5. The bonds shall be general obligations of the City for the payment of the principal, premium, if any, and
37 interest on which its full faith and credit shall be irrevocably pledged.
38
39 6. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the
40 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the
41 date of the issuance of the Bonds.
42
43 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a
44 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
45
46 8. This ordinance shall be in full force and effective from its passage.
47
48 Adoption requires the affirmative vote of two-thirds of all members of the City Council.
49 t
50 Adopted by the Council of the City of Virginia Beach,Virginia, on0te day of May, 2022.
51
52
53 Approved as to Content: Approved as to Legal Sufficiency:
54
55
56 Q .
j&"--
57 udget and anagement Services Ci ttorney's Office
58
22
ITEM—II.3.b.3
ORDINANCES
ITEM#72851
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
b. FY2022-23 CAPITAL BUDGET
3. Ordinance to AUTHORIZE the issuance of Storm Water Utility System
Revenue Bonds in the maximum amount of S2,177,367
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORMWATER
2 UTILITY SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH,
3 VIRGINIA, IN THE MAXIMUM AMOUNT OF$2,177,367
4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of stormwater utility
5 system revenue bonds in the maximum amount of $2,177,367 for financing improvements and expansions to the City's
6 stormwater utility system (the"System"),as permitted by the City Charter without submitting the question of their issuance
7 to the qualified voters;and
8
9 WHEREAS, City Council held public hearings on the Capital Improvement Program to provide for public
10 comment.
11
12 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
13
14 1. It is hereby determined to be necessary and expedient for the City to continue its program of improving and
15 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly
16 growth,development,and general welfare of the City,and to finance the costs thereof through the borrowing of$2,177,367
17 and issuing the City's revenue bonds therefore.
18
19 2. Pursuant to the City Charter and the Public Finance Act of 1991(§ 15.2-2600 et seq.of the Code of Virginia),there
20 are hereby authorized to be issued stormwater utility system revenue bonds of the City in the maximum amount of
21 $2,177,367 to provide funds,together with other available funds,for financing the costs of improvements and expansions to
22 the System.
23
24 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates,
25 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such
26 manner as the Council may hereafter provide by appropriate resolution or resolutions.
27
28 4. The System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations
29 of the City,payable as to principal,premium,if any,and interest solely from the revenues derived by the City from the System,
30 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create
31 or constitute an indebtedness of, or a pledge of the faith and credit of,the Commonwealth of Virginia or of any county,city,
32 town,or other political subdivision of the Commonwealth,including the City. The issuance of the bonds and the undertaking
33 of the covenants,conditions,and agreements to be contained in resolutions to be adopted or agreements to be entered into
34 hereafter shall not directly,indirectly,or contingently obligate the Commonwealth,the City,or any other political subdivision
35 of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore except from the
36 revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds.
37
38 5. Such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the
39 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,charge,and collect such
40 rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to
41 time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and
42 interest on the bonds as the same become due and to provide a margin of safety therefore. Such resolutions and agreements
43 shall also include such additional covenants,agreements,and other terms as are customary for the protection of the holders
44 of stormwater revenue obligations.
45
46 6. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general
47 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the
48 issuance of the bonds.
49
50 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified
51 copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
52
53 8. This ordinance shall be in full force and effect from its passage.
54
55 Adoption requires the affirmative vote of a majority of all members of the City Council.
10th
56 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May,2022
57 Requires an affirmative vote by a majority of all the members of City Council.
58
59
60 Approved as to Content: Approved as to Legal Sufficiency:
61
62
63
64 B/AAA__
nd Management Services Ci Attorne s Office
23
ITEM—IL3.b.4
ORDINANCES
ITEM#72852
Upon motion by Vice Mayor Wilson, seconded by Council Member Branch, City Council ADOPTED
Ordinance re FY2022-23 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
b. FY2022-23 CAPITAL BUDGET
4. Ordinance to AUTHORIZE the issuance of Water and Sewer
System Revenue Bonds in the maximum amount of$22,597,430
Voting: 10-1
Council Members Voting Aye:
Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer,
Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron
R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina
D. Wooten
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
May 10, 2022
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER
2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH,VIRGINIA,IN
3 THE MAXIMUM AMOUNT OF$22,597,430
4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer
5 system revenue bonds in the maximum amount of $22,597,430 for financing improvements and expansions to the City's
6 water and sewer system (the "System"), as permitted by the City Charter without submitting the question of their issuance
7 to the qualified voters;and
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 THAT:
12
13 1. It is hereby determined to be necessary and expedient for the City to continue its program of improving and
14 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly
15 growth,development,and general welfare of the City,and to finance the costs thereof through the borrowing of$22,597,430
16 and issuing the City's revenue bonds therefore.
17
18 2. Pursuant to the City Charter and the Public Finance Act of 1991(§15.2-2600 et seq.of the Code of Virginia),there
19 are hereby authorized to be issued water and sewer utility system revenue bonds of the City in the maximum amount of
20 $22,597,430 to provide funds, together with other available funds, for financing the costs of improvements and expansions
21 to the System.
22
23 3. The bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates,
24 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such
25 manner as the Council may hereafter provide by appropriate resolution or resolutions.
26
27 4. The System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations
28 of the City,payable as to principal,premium,if any,and interest solely from the revenues derived by the City from the System,
29 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create
30 or constitute an indebtedness of, or a pledge of the faith and credit of,the Commonwealth of Virginia or of any county,city,
31 town,or other political subdivision of the Commonwealth,including the City. The issuance of the bonds and the undertaking
32 of the covenants,conditions,and agreements to be contained in resolutions to be adopted or agreements to be entered into
33 hereafter shall not directly,indirectly,or contingently obligate the Commonwealth,the City,or any other political subdivision
34 of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore except from the
35 revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds.
36
37 5. Such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the
38 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix,charge,and collect such
39 rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to
40 time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and
41 interest on the bonds as the same become due and to provide a margin of safety therefore. Such resolutions and agreements
42 shall also include such additional covenants,agreements, and other terms as are customary for the protection of the holders
43 of water and sewer revenue obligations.
44
45 6. The City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general
46 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the
47 issuance of the bonds.
48
49 7. The City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified
50 copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach.
51
52 8. This ordinance shall be in full force and effect from its passage.
53
54 Adoption requires the affirmative vote of a majority of all members of the City Council.
loth
55 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of May,2022.
56 Requires an affirmative vote by a majority of all the members of City Council.
57
58
59 Approved as to Content: Approved as to Legal Sufficiency:
60
61
62
63 B dget and Management rvices C. Attorney's Office
24
ADJOURNMENT
ITEM#72853
Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSION ADJOURNED at
8:07 P.M.
6
Terri H. Chelius
Chief Deputy City Clerk
ands a es, MMC Robert M. Dyer
City Clerk Mayor
May 10, 2022