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HomeMy WebLinkAboutMAY 10, 2022 SPECIAL SESSION MINUTES g1A-134 Z ram4,z 5 `�- = .: - 'e1 ay/ out,-%A: v 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 G0�1A'BFAc J\4 �. City of Vi rgirua B each c. • 9,9ts OF OU NAZ%0 0� R VBgo)v.com 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. G1NIA'BFA z City of Virginia. B each g9ts �Sa � OF DUR NATION�„/ VBgovcom 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 4447,x7-----.777,----„ 4c4%. v y_ �A - ; City of Virginia Beach r q'94 65 S OF BUR NA�of, VSgov.Com 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 r�11 F4c roe` - </6) Dyll City of Virginia Beach ✓ �S DUR NAB` VBgov.com 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 sTOafOJd IeUde3 6E ZZOZ-L.ZOZ aeaA Ieasid EZV'1Ti`OZ9 000'008'19 000'00£'19 000'008`£9 000'00£'Z9 000'008'19 000'008'69 EZV'LIE'6EZ lelol 000'000'OZ 000'000'E 000'000'E 000'000'E 000'000'E 000`000'E 000'000'S - pe.luo0 a)uewJoJad A2Jau3 000'008'E6T 000'OOE'ZE 000'00£'ZE 000'00£'Z£ 000'OOE'Z£ 000'00£'ZE 000'00£'Z£ - spuog Jal.he40 000'000178 000'000'ZI 000'000`ZT 000'000'Si 000'000'ST 000'000'ST 000'000'ST - spuog AliIped ollgnd 000'OLS'Ei - - - - - 000'00S'L 000'0L0'9 AJadold 10 ales 000'000'89 000'000'ZI 000`000'ZI 000'000'ZT 000'000'II 000'0001T 000'000'0T - Ja430-aaueieg puny 000'00S'L 000'00S'Z 000'000'Z 000'00S'T 000'000'T 000'005 - - sloogps-op-noA-sy-Aed EZV`TVZ'E£Z - - - - - - EZV'IVZ'E£Z 8ulpun j lepoi a.iy 8upueulj;o sueaW EZV'IIT`0Z9 000'008'19 000'00E19 000'008£9 00000£Z9 000008T9 000 008'69 EZV'T1£'6EZ lelol 000'009'Z 000'00Z 000'00Z 000'00Z 000'OOZ 000'OOZ 000'00Z 000'00V1 II ase4d-suouenouag wlo0 s!uual:Z001099d £ZZ't6E'OE 000'009'E 000'00Z'E 000'058'Z 000'009'Z 000'OOV'Z 000`OSZ'Z EZZ'T6V'EI III snoiJep-sluawapeldaa pue suo4enouaa:0Z0I099d 000'00V'I 000'00Z 000'00Z 000'OOZ 000'00Z 000'00Z 000'OOZ 000`00Z sluawanoJdwl 1oo41S ales-sluawaDelda)i pue suooenouaa:LZOt099d 000'000'05 000'000'8 000'OSZ'L 000'009'9 000'000'9 000'00S'S 000'00T'S 000'O55'1T in 8u4oaay-sluawaleida8 pue suo4enouaa:6101099d TVS'TZL'8L 000'006'1T 000'006'0T 000'000'0T 000'00Z'6 000'005'8 000'0S8'L 1VS'TLE`0Z III JVAH-sluawa)eldaa pue suooenouaa:8TOT099d 988'LEi'IZ 000'00Z'Z 000'00T'Z 000'000'Z 000'006'T 000'008'T 000'009't 988'LES'6 III spuna9-sluawaueldaa pue suouenoual:LTOTO99d 000'SZT'VZ 000'00V'E 000'006'Z 000'005'Z 000'OSI'Z 000'006`T 000'008'T 000'SL0'6 Al!llgeu!elsns/luawa8eueyl A8Jau3 luawaDeldaa pue uooenouall:1001099d 65L'8EZ'LL - - - - - - 6SL'8EZ'LL luawaDeiday looips aipptW auuy ssa3uud LOOt099d 000'059'Z91 - - EZL'L8L17 000'008'ZE 000'OSO'9E 000'OSS`SV LLZ'Z9V'EV luawaDeldaa loot S OH auuy ssa3uud:St0T099d 000'0SL'EI - - - - - - 000'OSL'Ei uoulppy xauuv ezeld:tZ0i099d 000'0SL'ZI - - - - - - 000'0SL'ZI (weaJa algena14Dy)uo!suedx3 lumps s alPID4Al uanequuA1:9Z01099d 000'000'SV 000'000'E 000'000'E 000'000'E 000'000'E 000'000'E 000'000'S 000'000'SZ II ase4d-spe.luop axuewJo}iad A8Jau3:9TOT099d L£L'V85`Z 000'OSZ 000'OSZ 000`05Z 000'OSZ 000'OSZ 000'OSZ LEL'1780`t luawaDeidaa luawdinb3 puna8Aeld 1004D5 tieluawal3:ZZOT099d LLL'VLE'6Z LLL'17L£'61 000'000'0T - - - - - 100yP5 48IH apisAe9:6Z0T099d 00S'L8E'89 EZZ'SL9'6 000'00E'TZ LLZ'ZIV't£ 000'00017 000'000'Z - - luawaaeidall(g-V sapei9)419 aplsAeg/AJeluawa13 sweIIIIM.d 8:8ZOI099d sloa[oud siooLPS spafoid iel!dea slsop la8png la2png la8png la8png la8png la8png ale()of pawwead LZOZ Ad 9Z0Z Ad SZOZ Ad SZOZ Ad EZOZ Ad ZZOZ Ad suoueudoJddy aims 8uipun j/all!1 hafad pue q hafo�d J8 lelol sea luanbasgns paleudaddy-u11 ' — '\ i. Auewwns a ueu!j jo sueaW pue;soy patoid \c) Q pV wed2oid;uawanoadwi IelideD LZOZ 4$noJ4l ZZOZ sieaA iexi j VVV elui2nn'wean ewl2nn io Ain 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