HomeMy WebLinkAboutMAY 9, 2023 SPECIAL FORMAL SESSION MINUTES r
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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 9, 2023
Mayor Robert M. Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINL4 BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, May 9, 2023, at 6:00 P.M
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick,
Jennifer Rouse (WebEx from Rome, Italy due to pre planned travel), Joashua F.
"Joash"Schulman, Chris Taylor, Sabrina D. Wooten and Vice Mayor Rosemary
Wilson
Council Members Absent:
None
The following Council Members filed disclosures,attached hereto and made a part of the record:
Dr.Amelia N.Ross-Hammond
N.D. "Rocky"Holcomb
Robert W. "Worth"Remick,
Jennifer Rouse
Joashua F. "Joash"Schulman
Rosemary Wilson
2
MAYOR'S CALL FOR
SPECIAL FORMAL SESSION
ITEM#74202
"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 9, 2023 at 6:00 P.M.
City Council Chamber
Building 1-2"d Floor
2401 Courthouse Drive
The purpose of this SPECIAL FORMAL SESSION is to allow the City Council to consider the
FY2023-2024 RESOURCE MANAGEMENT PLAN (Operating Budget, Capital Improvement
Program Budget, and related ordinances)as listed in the published agenda.
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:
• Register for the WebEx at:
https://vbgov.webex.com/weblink/register/re9f012210fb9a9dabead3b9c 1 cc67942
• 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 9, 2023.
This Special Formal Session will be streamed live on 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@a,vbgov.com.
Sincerely,
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Robert M. Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
May 9, 2023
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City of Virginia Beach
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MUNICIPAL CENTER
ROBERT.M."BOBBY"DYER BUILDING 1
MAYOR 2401 COURTHOUSE DRIVE
VIRGINIA BEACH,VIRGINIA 23456-9000
(757)385-4581
CELL:(757)749-4659
bdver(03vbgov.corn
May 4, 2023
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 9, 2023 at 6:00 P.M.
City Council Chamber
Building 1-2nd Floor
2401 Courthouse Drive
The purpose of this SPECIAL FORMAL SESSION is to allow the City Council to consider the
FY2023-2024 RESOURCE MANAGEMENT PLAN(Operating Budget, Capital Improvement
Program Budget, and related ordinances) as listed in the published agenda.
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:
• Register for the WebEx at:
https://vbgov.webex.com/weblink/register/re9f012210fb9a9dabead3b9c1 cc67942
• Register with the City Clerk's ice by calling (757) 385-4303 or via email at
ABarnes@vbgov.com prior to 5:00 p.m. on May 9, 2023.
This Special Formal Session will be streamed live on 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 CitvCouncil@vbgov.com.
Sincerely,
Robert M. Dyer
Mayor
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
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VBgov.com
N.D."ROCKY"HOLCOMB CELL PHONE:(757)416-2343
COUNCIL MEMBER rholcomb@vbgov.com
DISTRICT 1
May 9, 2023
In Reply Refer to 0082136
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 FY23-24.
2. In addition to the City of Virginia Beach, the budget will provide funding to other
entities, including the Virginia Beach Sheriff's Office, other constitutional offices,
and Virginia Beach City Public Schools. I am employed by the Virginia Beach
Sheriff's 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,
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N.D. Rocky Holcomb
Councilmember
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2401 COURTHOUSE DRIVE,SUITE#2116,VIRGINIA BEACH,VIRGINIA 23456
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ROBERT W.'WORTH'REMICK CELL:(757)840-5855
COUNCIL MEMBER EMAIL:WRemick(avbgov.com
DISTRICT 6
May 9, 2023
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's consideration
of the FY 2023-24 Operating Budget.
2. The FY 2023-24 Operating Budget includes funding for various leases wherein
the City is the tenant. One or more landlords for such leases have used Colliers
International as a real estate services provider.
3. I have a personal interest in Colliers International Virginia, LLC because I am an
employee of the firm, and its address is 150 West Main Street, Suite 1100,
Norfolk, Virginia 23510.
4. The City Attorney's Office has advised me that although I have a personal interest
in this transaction, because I do not personally provide services to the various
landlords, the Act provides that I may participate in the Council's discussion and
vote on this transaction,upon disclosure of this interest.
5. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly, objectively, and in the public interest.
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
Mrs. Amanda Barnes -2- May 9, 2023
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I)
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
)0k4404t
orth Remick
Councilmember
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DR.AMELIA N.ROSS-HAMMOND CELL:(757)840-0735
COUNCIL MEMBER EMAIL:arOsshammond(S vbgov.com
DISTRICT 4
May 9, 2023
In Reply Refer to 0082153
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Regarding the Virginia African American Cultural Center
Dear Mrs. Barnes:
I make the following declaration:
1. I am executing this written disclosure regarding the City Council's vote on the
operating budget for FY23-24.
2. The budget includes funding for the Virginia African American Cultural Center
(VAACC). I am the Founder and Chairman of the VAACC. I do not receive a
salary or other compensation from the VAACC.
3. The City Attorney has advised me that the State and Local Government Conflict
of Interests Act provides that, because I do not receive compensation from the
VAACC, I do not have a"personal interest" in the VAACC, and therefore the Act
places no restriction on my ability to participate in the City Council's discussion
and vote on the budget. I nevertheless wish to make this public disclosure.
Accordingly, I respectfully request that you record this declaration in the official records
of the City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Dr. Amelia Ross-Hammond
Councilmember
ARH/RRI
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
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City of Virginia Beach
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JENNIFER.ROUSE CELL:(757)840-1821
COUNCIL MEMBER EMAIL:Ivrouse,Cavt ov.com
DISTRICT 10
May 2, 2023
In Reply Refer to 0082132
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 FY
2023-24 Operating Budget and Capital Improvement Program.
2. The FY 2023-24 Operating Budget includes funding for projects for which the
City partners with Tidewater Community College(TCC). Those projects are:
a. funding for operations at the Joint Use Library and at the Advanced
Technology Center(ATC);
b. funding for educational programming at the juvenile detention center;
c. funding for tuition and textbooks for firefighters enrolled in the paramedic
program; and
d. a regional grant of$6,000.
3. The FY 2023-24 Capital Improvement Program includes funding for Capital
Project#100446 for roof work at the ATC.
4. I am employed by TCC and therefore have personal interest in TCC. The address
for the Virginia Beach campus of TCC is 1700 College Crescent, Virginia Beach,
VA 23453.
2401 COURTHOUSE DRIVE,SUITE 2116•VIRGINIA BEACH,VIRGINIA 23456
Mrs. Amanda Barnes -2- May 2, 2023
Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115(H)
5. I am a member of a group employees of TCC—and the members of the group
are affected by this transaction. 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,
Jennifer V. Rouse
Councilmember
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JOASHUA F."JOASH'SCHULMAN CELL:(757)840-1291
COUNCIL MEMBER EMAIL:jschulmanCawboov corn
DISTRICT 9
May 9, 2023
In Reply Refer to 0082138
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(H), Code of
Virginia, I make the following declarations:
1. I am executing this written disclosure regarding the City Council's consideration
of the FY 2023-24 Operating Budget. The Annual Appropriations Ordinance
authorizes a five-year extension to the Town Center Special Service District
(SSD) Agreement providing for the Central Business District Association to
program activities within the boundaries of the SSD and to undertake certain
wayfinding activities. The FY 2023-23 Operating Budget and Capital
Improvement Program includes other funding for activities at Town Center and
funding for various leases wherein the City is a tenant.
2. I have previously provided legal services to Divaris Property Management Corp.,
which has a principal office address of 4525 Main Street, Suite 900, Virginia
Beach, Virginia, 23462. I also previously provided legal services to Columbus
Tower, LLC, which is an Armada Hoffler entity. Its principal office address is
222 Central Park Avenue, Suite 2100, Virginia Beach,Virginia, 23462.
3. Divaris Property Management Corp. and Columbus Tower, LLC may receive a
benefit or detriment from the City Council's approval (or disapproval) of the
extension of the SSD Agreement and/or of funding for various activities within
Town Center. Additionally, Divaris Property Management Corp. is a property
manager for various leases wherein the City is a tenant, and Columbus Tower,
LLC is the landlord for those leases, and because the funding for such leases is
provided in the FY 2023-24 Operating Budget, the decision to continue funding
the leases would impact Divaris and Columbus Tower, LLC.
2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456
Mrs.Amanda Barnes -2- May 9, 2023
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
4. The City Attorney's Office has advised me that although I previously provided
legal services to Divaris Property Management Corp. and Columbus Tower, LLC,
because I do not currently provide services to Divaris or Columbus Tower, the
Act does not restrict my ability to participate in the Council's discussion and vote
on the portion of the operating budget that funds City leases. Nevertheless, I have
chosen to make this public disclosure.
5. Additionally, I have a personal interest in Town Center Office Suites, LLC, which
has a principal office address of One Columbus Center, Suite 600, Virginia
Beach, Virginia 23462, and Joashua F. Schulman, P.C., which has a principal
office address of One Columbus Center, Suite 637, Virginia Beach, Virginia
23462. Both businesses are within the SSD.
6. I am a member of a group—tenants within Town Center—and the members of the
group are affected by the transaction.
7. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly, objectively, and in the public interest.
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
.......—.16,trikec.-1- SC-La4.A.%
Joashua F. Schulman, Esq.
Councilmember
RWR/RRI
City of Virginia Beach
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ROSEMARY WILSON PHONE:(757)422-0733
VICE MAYOR RCWilsonavbaov.com
COUNCIL MEMBER-DISTRICT 5
May 9, 2023
In Reply Refer to 0082302
Mrs. Amanda Barnes
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Barnes:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(H), Code of Virginia,
I make the following declarations:
1. I am executing this written disclosure regarding the City Council's consideration
of the ordinance to adopt the FY2023-24 through FY2028-29 Capital
Improvement Program(CIP) and appropriate $375,640,111.
2. The CIP includes funding for the Atlantic Park Offsite Infrastructure project
100606. That project includes funding for Dominion Energy to relocate utilities.
3. I have a personal interest in Dominion Energy. Its corporate street address is 120
Tredegar Street, Richmond, Virginia 23219.
4. The City Attorney's Office has advised me that although I have a personal interest
in this transaction,because I am a member of a group—shareholders of Dominion
Energy—the Act provides that I may participate in the Council's discussion and
vote on this transaction, upon disclosure of this interest.
5. I hereby disclose the facts above and declare that I am able to participate in this
transaction fairly, objectively, and in the public interest.
921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451
Mrs. Amanda Barnes -2- May 9, 2023
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
I respectfully request that you record this declaration in the official records of the City
Council. Thank you for your assistance in this matter.
Sincerely,
Rosemary A. Wilson
Vice Mayor
RAW/RRI
3
ITEM—II.1.a.1
ORDINANCES
ITEM#74203
The following registered to speak:
Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, spoke in OPPOSITION of the proposed budget
Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION of the proposed budget
Teresa Langille, 932 Truro Court, Phone: 641-1592, spoke in OPPOSITION of the proposed budget
Venkat Eleswarapu, 1749 Champion Circle, Phone: 469-803-7997, spoke in OPPOSITION of the proposed
budget
Laura Hughes, did not respond
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
1. Ordinance to APPROPRIATE$3,480,472,315 consisting of$668,045,496 in
inter fund transfers, $266,328,271 for internal service funds, and
$2,546,098,548 for operations for Fiscal Year beginning July 1, 2023 and
ending June 30, 2024
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR
2 BEGINNING JULY 1, 2023 AND ENDING JUNE 30, 2024 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, 2023, and ending June 30, 2024, 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 $3,480,472,315 consisting of $668,045,496 in inter-fund transfers,
11 $266,328,271 for internal service funds, and $2,546,098,548 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, 20223 and ending June 30, 20234 (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, 20223 . 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, 20223 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, 20223, 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$250,000 between any Appropriation Units included in this
71 ordinance through the accrual period. The City Manager shall make a monthly report to the City Council of all
72 transfers between $25,000 and $100,000 $250,000. In addition, the City Manager may transfer, in amounts
73 necessary, appropriations from all Reserves for Contingencies except Reserve for Contingencies — Regular, within
74 the intent of the Reserve as approved 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$250,000. 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 20223-234 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 2022-3-234 Operating
105 Budget to the City of_Virginia Beach Development Authority,for the purpose of implementing a District Improvement
106 Plan(DIP).A five-year extension of the agreement with the Central Business District Association is hereby authorized
107 provided such an agreement shall relate only to the expenditure of special service district funds within the Town
108 Center SSD.
109
110 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments,
111 bureaus,or agencies,to any of their officers and employees for expenses on account of the use by such officers and
112 employees of their personal automobiles in the discharge of their official duties shall follow the Internal Revenue
113 Service standard mileage rates used to calculate the deductible costs of operating an automobile for business,
114 charitable, medical or moving purposes.
115
116 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot
117 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any
118 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately
119 following the expenditure of funds under this provision, and as soon as the City Council can reasonably meet under
120 the existing circumstances, the City Manager shall notify the City Council of the reason for such action, how funds
121 were expended,and present to the City Council for adoption an emergency appropriations ordinance that sets forth
122 what measures are required to ensure that funds are forthwith restored to the appropriate accounts and that the
123 budget is balanced at the end of the fiscal year in which the emergency expenditures occurred.
124
125 An emergency is defined for the purposes of this provision as an event that could not have been reasonably foreseen
126 at the time of the adoption of the budget,and in which(i)an immediate threat to the public health,safety or welfare
127 is involved,such as clean-up after a hurricane, and/or(ii) immediate action is required to protect or preserve public
128 properties.
129
130 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according
131 to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid;
132 number of miles traveled;method of travel;hotel expenses;meals;and incidental expenses.The Director of Finance
133 is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-
134 sum" amounts.
135
136 Sec. 17. The General Fund includes a compensation reserve totaling $32,827,489 for pay increases for City
137 employees. The direction and intent of these funds is to implement a hybrid pay plan system that includes a step
138 pay plan for public safety and a portion of the general workforce and to increase minimum wage citywide to$15 per
139 hour. The goal is to provide every fu41 time and part time City employee a minimum 5%compensation increase.
140 These compensation reserves are to be allocated as necessary between Departments and funds to adjust salaries
141 A salary increase totaling 5% on the
142 pay date containing July 1, 2023 is hereby provided to both part-time and full-time City employees.Salary increases
143 for full-time City employees on a step plan are to receive a 2%general increase and a 3%step increase. Employees
144 not on a step plan are to receive a 2%general increase and a 3%merit increase
145
146 Sec 18. A salary increase totaling 5% on the pay date containing July 1, 2023 is hereby provided to both part-time
147 and full-time appointees within Constitutional Offices.Salary increases for full-time appointees on a step plan are to
148 receive a 2% general increase and a 3% step increase. Employees on an administrative plan are to receive a 2%
149 general increase and a 3%merit increase.
150
151 Sec.19 A salary increase of 5%on the pay date containing July 1, 2023 is hereby provided for the five Constitutional
152 Officers.
153
154 Sec.20. All or portions of the salary increase authorized by section 17 and section 18 of this ordinance is contingent
155 upon a satisfactory performance evaluation for the time period of 2022-2023 or 2021-2022 if the evaluation is not
156 due prior to July 1, 2023. Probationary employees with a satisfactory interim or annual evaluation or for
157 probationary employees whose interim evaluation is not due prior to July 1,2023,employees with no discipline shall
158 be deemed to have satisfactory performance for the purpose of the merit increase.
159
160 Sec. 18. An amount equivalent to'1.1 cents real estate tax,which is$27,9-96,608, is hereby placed in a "lockbox"to
161 be use solely for the servicing of debt associated with the 2021 Flood Protection Bond Referendum.
162
163 Sec.4021 An amount of up to$8,000,000$10,000,000 in attrition savings is hereby used to balance the Fiscal Year
164 2022 23 2023-24 Operating Budget. To accomplish this purpose, the City Manager or his designee is hereby
165 authorized to transfer savings in salary or fringe benefit accounts among General Fund supported_departments up
166 to $8,000,000 $10,000,000, notwithstanding other budgetary controls outlined in this ordinance. Of this amount,
167 $500,000 is designated for contractual services to provide full-time sworn law enforcement officers in the Virginia
168 Beach Police Department, uniformed employees in the Departments of Fire and Emergency Medical Services, and
169 Emergency Communications and Citizen Services 911 Telecommunicators access to a team of licensed mental health
170 professionals to coordinate support services.
171
172 Sec.- O 22.To ensure proper allocation of health insurance,the City Manager is hereby authorized to transfer health
173 insurance between departments and funds,in any amount notwithstanding other budgetary controls outlined in the
174 ordinance up to the total amount budgeted for health insurance, to ensure health insurance cost align with actual
175 expenditure.
176
177 Sec. 213. In Fiscal Year 2022 23 2023-24, to further improve the effectiveness and efficiency of the government in
178 service delivery,the City Council hereby authorizes the City Manager to implement any organizational adjustments
179 not otherwise set out within this budget document that may be necessary to carry out the following initiatives:
180 a. The departments throughout the City to improve existing technology services and applications and to
181 streamline the implementation of technology applications.
182 b. The City Council to secure administrative and clerical staff support and executive assistance.
183 c. The City's Automotive Services Division of the Department of Public Works to review the provision of
184 ,toreroom services, including but not limited to, parts and supplies for-the City'-s-fleet ssets. T-- s may
185 include the sale or conveyance of City inventory and assets.
186 d. The Convention and Visitors Bureau, to provide the Resort Management Office with staff support to
187and streamline service delivery with the public
188
189 ,
190
191 document.Any adjustments made for these purposes shall not be subject to the limits set forth in Section 10 of this
192
193 authority granted by this section.
194
195 ,
196 transferred from the General Debt Fund to the Agriculture Reserve Program(ARP).The FY 2021 22 budget included
197General Debt fund to make payment on ARP principal.The first pomade through the
198 ARP occurred in FY 1996 97. The 25 year term on these initial purchases became due in FY 2021 22. This transfer
199 will allow for the payment to be made from the correct fund.The effective date of Section 21 is May 10, 2022.
200
201 ,
202
203 additional revenue to the City and the community. Many special events require some form of city services, such as
204 road closures, traffic control, security, contingencies for emergency services, utility connections, and clean up
205
206 the City,RES 03612,adopted May 14,2013,is hereby rescinded,effective immediately. Henceforth,the recoupment
207 of special events fees shall be within the discretion of the City Manager.The City will provide safety standards and
208
209 to the special events.
210
211
212
213 expressly conditioned upon formal approval of such agreement by the City Council.
214
215 Sec.24.The FY 2023-24 Operating Budget reorganized the department of Parks and Recreation between the General
216 Fund and Parks and Recreation Special Revenue Fund in the total amount of$19,256,204 and 315.72 FTEs.The City
217 Manager or his designee is hereby authorized to make adiustments to this allocation and FTEs to ensure the proper
218 alignment of resources within the department between the two funds notwithstanding other budgetary controls
219 outlined in this ordinance so long as the changes do not place an additional burden on the General Fund.
220
221 Sec. 25. Violation of this ordinance may result in disciplinary action by the City Manager against the person or
222 persons responsible for the management of the Appropriation Unit in which the violation occurred.
223
224 Sec.26.With the exception of Section 21,This ordinance shall be effective on July 1, 20223.
225
226 Sec. 27. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall
227 not affect the validity of the remaining parts of this ordinance.
228
229
230 Requires an affirmative vote by a majority of all of the members of City Council.
231
232 Adopted by the Council of the City of Virginia Beach,Virginia, on the 9 t h day of May, 2023.
APPROVED AS TO CONTENT: S T LEGAL SUFFICIENCY:
udget and Management Services i ttorney's Office
City of Virginia Beach,Virginia
FY 2023-24 Budget Ordinance
Attachment A
FY 2023-24
Adopted
FD100 General Fund
Agriculture 1,028,782
Board of Equalization 2,774
Budget and Management Services 1,440,815
Circuit Court 1,527,838
City Attorney 5,580,657
City Auditor 1,044,762
City Clerk 665,964
City Manager 3,439,541
City Real Estate Assessor 3,479,593
City Treasurer 7,938,987
Clerk of the Circuit Court 4,969,858
Commisioner of the Revenue 6,265,317
Commonwealth's Attorney 12,278,995
Communications Office 2,844,730
Community Organization Grants 707,960
Computer Replacements 3,087,214
Convention And Visitors Bureau 11,094,014
Cultural Affairs and Historic Houses 3,429,248
Debt Service 59,311,299
Economic Development 6,129,469
Emergency Communications and Citizen Services 12,041,822
Emergency Management 1,673,251
Emergency Medical Services 22,025,307
Employee Services 8,877,040
Finance 6,360,146
Fire 70,568,170
General District Court 531,845
Health Department 3,913,005
Housing And Neighborhood Preservation 7,588,004
Human Resources 7,699,936
Human Services 136,714,578
Independent Financial Services 188,638
Information Technology 25,321,717
Juvenile and Domestic Relations District Court 217,841
Juvenile Probation 1,475,707
Leases 3,780,869
Library 20,252,492
Magistrates 48,573
Municipal Council 687,189
Office of Performance and Accountability 875,119
Parks And Recreation 37,227,758
Planning 14,055,052
Police 122,563,672
Public Works 104,423,611
Regional Participation 11,504,277
Reserve for Contingencies 19,620,554
Revenue Reimbursements 15,084,044
Subscriptions 9,805,644
Transfer to Other Funds 590,194,246
Vehicle Replacements 6,000,000
Virginia Aquarium 16,021,491
Voter Registration and Elections 2,714,569
General Fund Appropriation Totals 1,416,323,984
FD115 School Operating Fund
Debt Service 50,071,611
Public Education 916,009,516
Transfer to Other Funds 16,665,512
School Operating Fund Appropriation Totals 982,746,639
FD150 Flood Protection Referendum
Reserve for Contingencies 30,750,997
Transfer to Other Funds 1,000,000
Flood Protection Referendum Appropriation Totals 31,750,997
FD190 General Debt Fund
Transfer to Other Funds 1,478,174
General Debt Fund Appropriation Totals 1,478,174
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 5,771,170
School Athletics Special Revenue Fund Appropriation Totals 5,771,170
FD210 School Equipment Replacement Special Revenue Fund
Public Education 327,651
School Equipment Replacement Special Revenue Fund Appropriation Totals 327,651
FD211 School Vending Operations Special Revenue Fund
Public Education 130,000
School Vending Operations Special Revenue Fund Appropriation Totals 130,000
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 47,700,219
School Cafeterias Special Revenue Fund Appropriation Totals 47,700,219
FD214 School Grants Special Revenue Fund
Public Education 142,411,540
School Grants Special Revenue Fund Appropriation Totals 142,411,540
FD215 School Textbooks Special Revenue Fund
Public Education 6,600,738
School Textbooks Special Revenue Fund Appropriation Totals 6,600,738
FD220 School Reserve Special Revenue Fund
Transfer to Other Funds 333,591
School Reserve Special Revenue Fund Appropriation Totals 333,591
FD221 Agriculture Reserve Program Special Revenue Fund
Agriculture 678,791
Debt Service 6,469,524
Reserve for Contingencies 16,371
Transfer to Other Funds 990,000
Agriculture Reserve Program Special Revenue Fund Appropriation Totals 8,154,686
FD222 Law Library Special Revenue Fund
Library 235,598
Law Library Special Revenue Fund Appropriation Totals 235,598
FD223 Open Space and Parks Special Revenue Fund
Debt Service 1,820,662
Parks And Recreation 518,337
Reserve for Contingencies 2,525,221
Transfer to Other Funds 2,500,000
Open Space and Parks Special Revenue Fund Appropriation Totals 7,364,220
FD224 Parks And Recreation Special Revenue Fund
Debt Service 3,716,702
Parks And Recreation 22,315,947
Public Works 4,074,518
Reserve for Contingencies 691,963
Transfer to Other Funds 1,574,550
Parks And Recreation Special Revenue Fund Appropriation Totals 32,373,680
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 62,973,654
Transfer to Other Funds 11,600
Sheriff's Office Special Revenue Fund Appropriation Totals 62,985,254
FD240 Tourism Advertising Program Special Revenue Fund
Convention And Visitors Bureau 16,016,930
Reserve for Contingencies 37,820
Transfer to Other Funds 57,083
Tourism Advertising Program Special Revenue Fund Appropriation Totals 16,111,833
FD241 Tourism Investment Program Special Revenue Fund
Convention And Visitors Bureau 11,796,784
Cultural Affairs and Historic Houses 520,500
Debt Service 37,113,682
Parks And Recreation 1,029,680
Public Works 4,613,828
Regional Participation 1,205,648
Reserve for Contingencies 925,425
Transfer to Other Funds 3,968,170
Tourism Investment Program Special Revenue Fund Appropriation Totals 61,173,717
FD250 Central Business District South Tax Increment Financing Fund
Debt Service 4,932,676
Reserve for Contingencies 5,423,659
Transfer to Other Funds 150,000
Central Business District South Tax Increment Financing Fund Appropriation Totals 10,506,335
FD251 Town Center Special Service District Fund
Economic Development 3,082,730
Parks And Recreation 132,990
Transfer to Other Funds 645,976
Town Center Special Service District Fund Appropriation Totals 3,861,696
FD252 Sandbridge Special Service District Fund
Public Works 720,259
Reserve for Contingencies 285,732
Transfer to Other Funds 4,676,341
Sandbridge Special Service District Fund Appropriation Totals 5,682,332
FD260 Federal Section 8 Program Special Revenue Fund
Housing And Neighborhood Preservation 27,136,331
Reserve for Contingencies 61,763
Federal Section 8 Program Special Revenue Fund Appropriation Totals 27,198,094
FD261 State Rental Assistance Program Special Revenue Fund
Housing And Neighborhood Preservation 1,241,338
Reserve for Contingencies 3,410
State Rental Assistance Program Special Revenue Fund Appropriation Totals 1,244,748
FD270 Consolidated Grants Special Revenue Fund
Commonwealth's Attorney 637,528
Emergency Communications and Citizen Services 4,000
Emergency Medical Services 375,000
Fire 2,209,718
Housing And Neighborhood Preservation 3,280,101
Human Services 3,047,957
Public Works 20,000
Reserve for Contingencies 4,955
Transfer to Other Funds 300,000
Consolidated Grants Special Revenue Fund Appropriation Totals 9,879,259
FD272 Federal Housing Assistance Grant Special Revenue Fund
Housing And Neighborhood Preservation 1,231,533
Reserve for Contingencies 2,616
Federal Housing Assistance Grant Special Revenue Fund Appropriation Totals 1,234,149
FD273 Community Development Grant Special Revenue Fund
Housing And Neighborhood Preservation 2,474,318
Reserve for Contingencies 59,163
Transfer to Other Funds 95,163
Community Development Grant Special Revenue Fund Appropriation Totals 2,628,644
FD310 Old Donation Creek Dredging Special Service District Fund
Reserve for Contingencies 83,449
Old Donation Creek Dredging Special Service District Fund Appropriation Totals 83,449
FD311 Bayville Creek Dredging Special Service District Fund
Reserve for Contingencies 79,000
Bayville Creek Dredging Special Service District Fund Appropriation Totals 79,000
FD312 Shadowlawn Dredging Special Service District Fund
Transfer to Other Funds 209,000
Shadowlawn Dredging Special Service District Fund Appropriation Totals 209,000
FD313 Chesopeian Colony Dredging Special Service District Fund
Reserve for Contingencies 231,025
Chesopeian Colony Dredging Special Service District Fund Appropriation Totals 231,025
FD314 Harbour Point Dredging Special Service District Fund
Transfer to Other Funds 108,000
Harbour Point Dredging Special Service District Fund Appropriation Totals 108,000
FD315 Gills Cove Dredging Special Service District Fund
Reserve for Contingencies 15,919
Gills Cove Dredging Special Service District Fund Appropriation Totals 15,919
FD316 Hurds Cove Dredging Special Service District Fund
Reserve for Contingencies 246,905
Hurds Cove Dredging Special Service District Fund Appropriation Totals 246,905
FD317 Schilling Point Dredging Special Service District Fund
Reserve for Contingencies 43,916
Schilling Point Dredging Special Service District Fund Appropriation Totals 43,916
FD510 Water And Sewer Enterprise Fund
Debt Service 18,934,769
Public Utilities 99,923,594
Reserve for Contingencies 3,777,810
Transfer to Other Funds 18,664,080
Water And Sewer Enterprise Fund Appropriation Totals 141,300,253
FD520 Storm Water Utility Enterprise Fund
Debt Service 9,827,631
Public Works 16,238,648
Reserve for Contingencies 138,966
Transfer to Other Funds 20,317,965
Storm Water Utility Enterprise Fund Appropriation Totals 46,523,210
FD530 Waste Management Enterprise Fund
Public Works 39,857,995
Reserve for Contingencies 336,520
Transfer to Other Funds 3,059,278
Waste Management Enterprise Fund Appropriation Totals 43,253,793
FD540 Parking Enterprise Fund
Debt Service 654,773
Economic Development 4,500,828
Reserve for Contingencies 17,818
Transfer to Other Funds 1,046,767
Parking Enterprise Fund Appropriation Totals 6,220,186
FD600 City Garage Internal Service Fund
Public Works 16,628,826
Reserve for Contingencies 240,462
City Garage Internal Service Fund Appropriation Totals 16,869,288
FD601 Fuels Internal Service Fund
Public Works 8,367,672
Fuels Internal Service Fund Appropriation Totals 8,367,672
FD602 Risk Management Internal Service Fund
Finance 20,324,368
Reserve for Contingencies 9,486
Risk Management Internal Service Fund Appropriation Totals 20,333,854
FD603 Landscaping Internal Service Fund
Parks And Recreation 5,312,697
Reserve for Contingencies 131,363
Landscaping Internal Service Fund Appropriation Totals 5,444,060
FD605 Telecommunications Internal Service Fund
Information Technology 3,184,523
Reserve for Contingencies 32,623
Telecommunications Internal Service Fund Appropriation Totals 3,217,146
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 206,000
School Flexible Benefits Forfeiture Internal Service Fund Appropriation Totals 206,000
FD652 School Health Insurance Internal Service Fund
Public Education 196,510,293
School Health Insurance Internal Service Fund Appropriation Totals 196,510,293
FD801 City Beautification Fund
Parks And Recreation 100,000
City Beautification Fund Appropriation Totals 100,000
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 52,897,141
General Government Capital Projects Fund Appropriation Totals 52,897,141
FD410 Water and Sewer Capital Projects Fund
Pay-As-You-Go Capital Projects 8,600,000
Water and Sewer Capital Projects Fund Appropriation Totals 8,600,000
FD420 Stormwater Capital Projects Fund
Pay-As-You-Go Capital Projects 18,984,820
Stormwater Capital Projects Fund Appropriation Totals 18,984,820
FD430 Flood Protection Capital Projects Fund
Pay-As-You-Go Capital Projects 1,000,000
Flood Protection Capital Projects Fund Appropriation Totals 1,000,000
FD480 Schools Capital Projects Fund
Pay-As-You-Go Capital Projects 2,000,000
Schools Capital Projects Fund Appropriation Totals 2,000,000
Total Appropriations 3,480,472,315
Less Internal Services Funds 266,328,271
Less Interfund Transfers 668,045,496
Net Budget Appropriations 2,546,098,548
City of Virginia Beach,Virginia
FY 2023-24 Budget Ordinance
Attachment B
FY 2023-24
Adopted
FD100 General Fund
Charges for Services 52,705,150
Utility Taxes 43,125,249
Permits,Fees,and Regulatory Licenses 9,453,844
Fines and Forfeitures 1,497,541
Miscellaneous Revenue 5,685,004
Personal Property 208,222,299
General Sales Tax 91,916,310
Hotel Room Tax 11,245,386
Business License 58,742,554
Real Estate 669,607,745
Cigarette Tax 7,260,669
Other Taxes 15,914,203
From the Use of Money and Property 8,529,849
Automobile License 10,769,956
Restaurant Meal Tax 58,729,025
Revenue from the Commonwealth 121,377,504
Specific Fund Reserves 1,734,776
Transfer In 15,254,360
Revenue from the Federal Government 24,552,560
FD100 Revenue Total 1,416,323,984
FD115 School Operating Fund
Miscellaneous Revenue 3,968,341
Revenue from the Commonwealth 451,994,592
Transfer In 513,283,706
Revenue from the Federal Government 13,500,000
FD115 Revenue Total 982,746,639
FD150 Flood Protection Referendum
Real Estate 31,750,997
FD150 Revenue Total 31,750,997
FD190 General Debt Fund
Specific Fund Reserves 1,478,174
FD190 Revenue Total 1,478,174
FD201 Green Run Collegiate Charter School Operating Fund
Transfer In 4,363,929
FD201 Revenue Total 4,363,929
FD203 School Instructional Technology Special Revenue Fund
Specific Fund Reserves 560,840
FD203 Revenue Total 560,840
FD204 School Athletics Special Revenue Fund
Charges for Services 65,000
Miscellaneous Revenue 489,000
From the Use of Money and Property 5,000
Transfer In 5,212,170
FD204 Revenue Total 5,771,170
FD210 School Equipment Replacement Special Revenue Fund
Specific Fund Reserves 327,651
FD210 Revenue Total 327,651
FD211 School Vending Operations Special Revenue Fund
Charges for Services 124,000
Specific Fund Reserves 6,000
FD211 Revenue Total 130,000
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 13,050,890
Miscellaneous Revenue 650,000
From the Use of Money and Property 75,000
Revenue from the Commonwealth 605,000
Specific Fund Reserves 6,901,953
Revenue from the Federal Government 26,417,376
FD213 Revenue Total 47,700,219
FD214 School Grants Special Revenue Fund
Miscellaneous Revenue 2,817,629
Revenue from the Commonwealth 29,694,877
Transfer In 5,089,413
Revenue from the Federal Government 104,809,621
FD214 Revenue Total 142,411,540
FD215 School Textbooks Special Revenue Fund
Miscellaneous Revenue 27,000
From the Use of Money and Property 29,483
Revenue from the Commonwealth 4,972,218
Specific Fund Reserves 1,572,037
FD215 Revenue Total 6,600,738
FD220 School Reserve Special Revenue Fund
Specific Fund Reserves 333,591
FD220 Revenue Total 333,591
FD221 Agriculture Reserve Program Special Revenue Fund
Real Estate 6,645,558
From the Use of Money and Property 30,954
Transfer In 1,478,174
FD221 Revenue Total 8,154,686
FD222 Law Library Special Revenue Fund
Charges for Services 169,305
From the Use of Money and Property 6,293
Transfer In 60,000
FD222 Revenue Total 235,598
FD223 Open Space and Parks Special Revenue Fund
Restaurant Meal Tax 7,364,220
FD223 Revenue Total 7,364,220
FD224 Parks And Recreation Special Revenue Fund
Charges for Services 6,384,915
Permits,Fees,and Regulatory Licenses 375
Real Estate 25,666,620
From the Use of Money and Property 321,770
FD224 Revenue Total 32,373,680
FD230 Commonwealth's Attorney Forfeited Assets Special Revenue Fund
Specific Fund Reserves 100,000
FD230 Revenue Total 100,000
FD233 Sheriff's Office Special Revenue Fund
Charges for Services 4,976,608
Permits,Fees,and Regulatory Licenses 4,000
Miscellaneous Revenue 3,000
From the Use of Money and Property 14,000
Revenue from the Commonwealth 21,706,135
Transfer In 36,131,511
Revenue from the Federal Government 150,000
FD233 Revenue Total 62,985,254
FD240 Tourism Advertising Program Special Revenue Fund
Charges for Services 4,000
Hotel Room Tax 7,629,721
From the Use of Money and Property 49,100
Restaurant Meal Tax 8,368,432
Specific Fund Reserves 60,580
FD240 Revenue Total 16,111,833
FD241 Tourism Investment Program Special Revenue Fund
Permits,Fees,and Regulatory Licenses 1,778
Hotel Room Tax 26,091,535
Cigarette Tax 518,619
Amusement Tax 7,780,275
From the Use of Money and Property 891,250
Restaurant Meal Tax 17,741,076
Specific Fund Reserves 8,149,184
FD241 Revenue Total 61,173,717
FD250 Central Business District South Tax Increment Financing Fund
Hotel Room Tax 500,000
Real Estate 10,004,335
From the Use of Money and Property 2,000
FD250 Revenue Total 10,506,335
FD251 Town Center Special Service District Fund
Charges for Services 194,300
Real Estate 2,370,626
From the Use of Money and Property 365,500
Specific Fund Reserves 781,270
Transfer In 150,000
FD251 Revenue Total 3,861,696
FD252 Sandbridge Special Service District Fund
Hotel Room Tax 5,506,543
Real Estate 172,772
From the Use of Money and Property 3,017
FD252 Revenue Total 5,682,332
FD260 Federal Section 8 Program Special Revenue Fund
Charges for Services 2,606,322
Specific Fund Reserves 180,860
Transfer In 76,000
Revenue from the Federal Government 24,334,912
FD260 Revenue Total 27,198,094
FD261 State Rental Assistance Program Special Revenue Fund
Revenue from the Commonwealth 1,244,748
FD261 Revenue Total 1,244,748
FD270 Consolidated Grants Special Revenue Fund
Charges for Services 40,000
Revenue from the Commonwealth 4,765,000
Transfer In 629,762
Revenue from the Federal Government 4,444,497
FD270 Revenue Total 9,879,259
FD272 Federal Housing Assistance Grant Special Revenue Fund
Other Financing Sources 60,000
Revenue from the Federal Government 1,174,149
FD272 Revenue Total 1,234,149
FD273 Community Development Grant Special Revenue Fund
Transfer In 539,184
Other Financing Sources 75,000
Revenue from the Federal Government 2,014,460
FD273 Revenue Total 2,628,644
FD310 Old Donation Creek Dredging Special Service District Fund
Real Estate 83,449
FD310 Revenue Total 83,449
FD311 Bayville Creek Dredging Special Service District Fund
Real Estate 79,000
FD311 Revenue Total 79,000
FD312 Shadowlawn Dredging Special Service District Fund
Real Estate 37,119
Specific Fund Reserves 171,881
FD312 Revenue Total 209,000
FD313 Chesopeian Colony Dredging Special Service District Fund
Real Estate 231,025
FD313 Revenue Total 231,025
FD314 Harbour Point Dredging Special Service District Fund
Real Estate 31,424
Specific Fund Reserves 76,576
FD314 Revenue Total 108,000
FD315 Gills Cove Dredging Special Service District Fund
Real Estate 15,919
FD315 Revenue Total 15,919
FD316 Hurds Cove Dredging Special Service District Fund
Real Estate 246,905
FD316 Revenue Total 246,905
FD317 Schilling Point Dredging Special Service District Fund
Real Estate 43,916
FD317 Revenue Total 43,916
FD510 Water And Sewer Enterprise Fund
Charges for Services 135,311,910
Permits,Fees,and Regulatory Licenses 6,205
Miscellaneous Revenue 130,917
From the Use of Money and Property 442,222
Transfer In 2,223,326
Other Financing Sources 3,185,673
FD510 Revenue Total 141,300,253
FD520 Storm Water Utility Enterprise Fund
Charges for Services 45,919,210
Miscellaneous Revenue 4,000
From the Use of Money and Property 600,000
FD520 Revenue Total 46,523,210
FD530 Waste Management Enterprise Fund
Charges for Services 41,806,207
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 295,300
FD530 Revenue Total 43,253,793
FD540 Parking Enterprise Fund
Charges for Services 5,054,886
Permits,Fees,and Regulatory Licenses 99,000
Fines and Forfeitures 541,000
From the Use of Money and Property 80,000
Specific Fund Reserves 373,300
Transfer In 72,000
FD540 Revenue Total 6,220,186
FD600 City Garage Internal Service Fund
Charges for Services 16,486,902
Miscellaneous Revenue 150,000
From the Use of Money and Property 40,000
Specific Fund Reserves 192,386
FD600 Revenue Total 16,869,288
FD601 Fuels Internal Service Fund
Charges for Services 8,161,527
From the Use of Money and Property 55,809
Specific Fund Reserves 150,336
FD601 Revenue Total 8,367,672
FD602 Risk Management Internal Service Fund
Charges for Services 18,757,799
From the Use of Money and Property 248,259
Specific Fund Reserves 1,327,796
FD602 Revenue Total 20,333,854
FD603 Landscaping Internal Service Fund
Charges for Services 5,444,060
FD603 Revenue Total 5,444,060
FD605 Telecommunications Internal Service Fund
Charges for Services 3,202,146
From the Use of Money and Property 15,000
FD605 Revenue Total 3,217,146
FD650 School Risk Management Internal Service Fund
Charges for Services 8,995,919
Specific Fund Reserves 6,384,039
FD650 Revenue Total 15,379,958
FD651 School Flexible Benefits Forfeiture Internal Service Fund
Specific Fund Reserves 206,000
FD651 Revenue Total 206,000
FD652 School Health Insurance Internal Service Fund
Charges for Services 176,510,293
Specific Fund Reserves 20,000,000
FD652 Revenue Total 196,510,293
FD801 City Beautification Fund
Charges for Services 100,000
FD801 Revenue Total 100,000
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
Parks and Recreation 8,248,593
Buildings and Assets 8,062,010
Economic and Tourism Development 5,812,308
Roadways 7,589,845
Information Technology 12,227,463
Coastal 10,956,922
FD400 Revenue Total 52,897,141
FD410 Water and Sewer Capital Projects Fund
Water Utility 3,525,465
Sewer Utility 5,074,535
FD410 Revenue Total 8,600,000
FD420 Stormwater Capital Projects Fund
Stormwater 18,984,820
FD420 Revenue Total 18,984,820
FD430 Flood Protection Capital Projects Fund
Flood Protection 1,000,000
FD430 Revenue Total 1,000,000
FD480 Schools Capital Projects Fund
Schools 2,000,000
FD480 Revenue Total 2,000,000
Total Budgeted Revenues 3,480,472,315
Less Internal Service Funds 266,328,271
Less Interfund Transfers 668,045,496
NET BUDGET REVENUES 2,546,098,548
4
ITEM—II.1.a.2
ORDINANCES
ITEM#74204
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
2. Ordinance to ESTABLISH the Tax Levy on Real Estate for FY2024
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR
2 FISCAL YEAR 2024
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 2023.4 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 Property Owned by Certain Surviving Spouses.
29 There shall be levied and collected for general purposes for the fiscal year 2024 taxes on all real estate that
30 has been separately classified pursuant to Section 58.1-3228.2 of the Code of Virginia, at a rate of one millionth of
31 one cent ($0.000001) on each one hundred dollars of assessed valuation thereof. The application for such tax
32 classification shall be made to the Commissioner of the Revenue in the manner provided by City Code Section 35-
33 42,and the application for fiscal year 2024 shall be received prior to June 30,2023. In the event of a mid-year change
34 in qualification or residence,the Commissioner of the Revenue shall use the same proration methodology as is used
35 for the surviving spouse of servicemember killed in action tax exemption program. The applicant shall provide notice
36 to the Commissioner of the Revenue if he or she remarries or moves from such residence.
37
38 Sec.34. Amount of Levy on Real Estate Within the Sandbridge Special Service District.
39 There shall be levied and collected for fiscal year 20234, taxes for the special purpose of providing beach
40 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service
41 District, not exempt from taxation, at the rate of two—one cents ($0.021) on each one hundred dollars ($100) of
42 assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1
43 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of
44 the City Code, or Exemption, or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the
45 City Code,this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in Section
46 1 of this ordinance.The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum
47 of the fair market value of such real property except for public service real property, which shall be on the basis as
48 provided in Section 58.1-2604 of the Code of Virginia.
49
50 Sec.-45. Amount of Levy on Real Estate Within the Town Center Special Service District.
51 For the special purpose of operating and maintaining the parking garage and providing enhanced services
52 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other
53 additional services authorized by § 15.2-2403 of the Code of Virginia, there shall be levied and collected for fiscal
54 year 20234,taxes on all real estate within the Town Center Special Service District, not exempt from taxation,at the
55 rate of forty-five cents ($0.45) on each one hundred dollars ($100) of assessed value thereof. This real estate tax
56 rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. For real property that qualifies
57 for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption or Freeze for Elderly
58 and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code,this real estate tax rate shall be applied
59 in the same manner as the real estate tax rate set forth in Section 1 of this ordinance.The real estate tax rate imposed
60 herein shall be applied on the basis of one hundred percentum of the fair market value of such real property,except
61 for public service real property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
62
63 Sec.-66. Amount of Levy on"Energy-Efficient Buildings".
64 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code,
65 there shall be levied and collected for general purposes for the fiscal year 202344 taxes on all real estate that has
66 been classified as an energy efficient building, not exempt from taxation, at a rate of eighty-four cents ($0.84) on
67 each one hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be
68 applied on the basis of one hundred percentum of fair market value of such real property except for public service
69 property,which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
70
71 Sec.67. Amount of Levy on Properties Listed in the Virginia Landmarks Register.
72 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code,
73 there shall be levied and collected for general purposes for the fiscal year 20234, taxes on buildings that are
74 individually listed on the Virginia Landmarks Register, not including the real estate or land on which the building is
75 located, so long as the building is maintained in a condition such that it retains the characteristics for which it was
76 listed on the Virginia Landmarks Register at a rate of fifty-two cents($0.52)on each one hundred dollars of assessed
77 valuation thereof. The real property tax rate imposed in this section shall be applied on the basis of one hundred
78 percentum of fair market value of such real property except for public service property,which shall be on the basis
79 as provided by Section 58.1-2604 of the Code of Virginia.
80
81 Sec.7-8. Amount of Levy on Real Estate Within the Various Dredging Special Service Districts.
82 There shall be levied and collected for fiscal year 20234, taxes for the special purpose of providing
83 neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within each special
84 service district listed below:
85 a. Old Donation Special Service District,not exempt from taxation,at the rate of eighteen and four-tenths
86 cents($0.184)on each one hundred dollars($100)of assessed value thereof.
87 b. Bayville Creek Special Service District, not exempt from taxation, at the rate of forty seven and two-
88 tenths cents($0.472)on each one hundred dollars($100)of assessed value thereof.
89 c. Shadowlawn Special Service District, not exempt from taxation, at the rate of fifteen and ninety-four
90 hundredths cents($0.1594) on each one hundred dollars($100)of assessed value thereof.
91 d. Chesopeian Special Service District, not exempt from taxation, at the rate of twenty nine and thirteen
92 hundredths cents($0.2913)on each one hundred dollars ($100)of assessed value thereof.
93 e. Harbour Point Special Service District, not exempt from taxation,at the rate of twelve cents($0.12)on
94 each one hundred dollars($100)of assessed value thereof.
95 f. Gills Cove Special Service District, not exempt from taxation, at the rate of six and three-tenths cents
96 ($0.063)on each one hundred dollars($100)of assessed value thereof.
97 g. Hurd's Cove Special Service District, not exempt from taxation, at the rate of forty-three and eight-
98 tenths cents($0.438)on each one hundred dollars($100)of assessed value thereof.
99 h. Schilling's Point Special Service District, not exempt from taxation, at the rate of forty and four-tenths
100 cents($0.404) on each one hundred dollars($100)of assessed value thereof.
101
102 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. Except
103 as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply without
104 reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption or
105 Freeze for Elderly and Disabled Persons,City Code§§35-61, et seq. As set forth in section 15.2-2403(6)of the Code
106 of Virginia,written consent is required to apply this tax rate to the full assessed value of properties subject to special
107 use value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred
108 percentum (100%) of the fair market value of such real property except for public service real property,which shall
109 be on the basis as provided in Section 58.1-2604 of the Code of Virginia.
110
111 Sec,-8 9 Severability.
112 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
113 shall not affect the validity of the remaining portions of this ordinance.
114
115
116 Sec.910 Effective Date.
117 The effective date of this ordinance shall be July 1, 20223.
118
119 Requires an affirmative vote by a majority of all of the members of City Council.
120
Adopted by the City Council of the City of Virginia Beach,Virginia, on the 9 t h day of May, 2023.
APPR VED AS TO CONTENT: /A—PPROV AS TO AL SUFFICIENCY:
Budget and Management Services —_ e ' ffice
5
ITEM—II.1.a.3
ORDINANCES
ITEM#74205
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
3. Ordinance to ESTABLISH the Tax Levy on Personal Property and
Machinery and Tools for Calendar Year 2024
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL
2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR
3 YEAR 2024
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 20234 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 50.4%
18 55.4%of the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the
19 Commonwealth under the Personal Property Tax Relief Act equal to the remaining 19.6%114.6%of the computed tax
20 on the first$20,000 of assessed value.
21 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 50.4%55.4% 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/19.6%14.6%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 20234 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 20234 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 20234 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 20234 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 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal
68 property in Sections 58.1-3506 (A) (1) (a)and (A)(1)(b)of the Code of Virginia.
69
70 Sec.7. Amount of Levy on Machinery and Tools.
71 In accordance with Section 58.1-3507 of the Code of Virginia,there shall be levied and collected for general
72 purposes for the calendar year 20234 taxes on machinery and tools, including machinery and tools used directly in
73 the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one
74 millionth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof.As provided by
75 §58.1-3506 (B)of the Code of Virginia,the following personal property shall also be taxed at the rate of machinery
76 and tools:
77 a. all tangible personal property used in research and development businesses, as described in § 58.1-
78 3506(A) (7)of the Code of Virginia;
79 b. generating or cogenerating equipment, as described in §58.1-3506(A) (9) of the Code of Virginia;and
80 c. all motor vehicles,trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used
81 to transport property or passengers for hire by a motor carrier engaged in interstate commerce, as described in §
82 58.1-3506(A) (25)of the Code of Virginia.
83
84 Sec.8.Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only.
85 There shall be levied and collected for general purposes for the calendar year 20234 taxes on all privately
86 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent
87 ($.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 20234 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 20234 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 20234,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 20212 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 20212 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 20234 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 20234 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;method of filing returns for motor vehicles,trailers and boats.
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.As authorized by Section 58.1-3518.1,the Commissioner of the Revenue may provide for the
165 annual assessment and taxation of motor vehicles, trailers and boats based on a previous personal property tax
166 return filed by the owner or owners of such property. The Commissioner of the Revenue may also rely upon
167 registration information held by the Department of Motor Vehicles in ascertaining ownership and situs of vehicles.
168
169 Sec. 166.Severability.
170 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
171 shall not affect the validity of the remaining portions of this ordinance.
172
173 Sec. 167. Effective Date.
174
175 This ordinance shall be effective January 1, 20234.
176
177 Requires an affirmative vote by a majority of all of the members of City Council.
178
179 Adopted by the City Council of the City of Virginia Beach,Virginia,on the 9 t h day of May, 2023.
APPROVED AS T
OCONTENT: AP D AS TO LEGAL SUFFICIENCY:
B get and Management Services C't r y's Office
6
ITEM—II.1.a.4
ORDINANCES
ITEM#74206
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 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: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
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 20223-234 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 9 t h day of May, 2023.
APP OVED AS TO CONTENT: A AS TO GAL SUFFICIENCY:
udget and Management Services ity or y's Office
7
ITEM—II.La.5
ORDINANCES
ITEM#74207
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
5. Ordinance to AMEND City Code Sections 35-64 and 35-67 and to ADD
Section 35-69.1 re Exemption or Deferral of Real Estate Taxes for elderly or
disabled persons
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE TO AMEND SECTIONS 35-64 AND 35-67 OF
2 THE CITY CODE AND TO ADD SECTION 35-69.1 PERTAINING
3 TO THE EXEMPTION OR DEFERRAL OF REAL ESTATE TAXES
4 FOR ELDERLY OR DISABLED PERSONS
5 SECTIONS AMENDED: §§35-64 AND 35-67
6 SECTION ADDED:§35-69.1
7
8 WHEREAS,the City Council has previously directed adjustments to the income component of the tax relief
9 for elderly and disabled persons to be adjusted annually to mirror the average increase or decrease of the value of
10 single family residences;and
11
12 WHEREAS,the median increase in the value of a single family residence for FY 20223-234 is 104 9.3%;
13
14 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
15
16 1. Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as follows:
17
18 Sec.35-64. General prerequisites to grant;effect of residency in hospital, nursing home,etc.
19
20 (a) Either the exemption or freeze, but not more than one (1), as provided for in this division shall be
21 granted to persons subject to the following provisions:
22
23 (1) The title to the property for which exemption or freeze is claimed is held, or partially held, on
24 June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, deferral or
25 freeze and is occupied as the sole dwelling of such person or persons.
26
27 (2) The head of the household occupying the dwelling and owning title or partial title thereto or
28 either spouse in a dwelling jointly held by married individuals is either permanently and totally disabled or is sixty-
29 five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided,
30 however,that a dwelling jointly held by married individuals may qualify if either spouse is over sixty-five (65)years
31 of age.
32
33 (3) For the tax exemption programs, the total combined income received from all sources during
34 the preceding calendar year by: (i)the owner or owners of the dwelling who use it as their principal residence and
35 (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty seven thousand five hundred
36 ninety nine dollars ($67,599) seventy three thousand eight hundred eighty six dollars ($73,886) provided that the
37 first ten thousand dollars($10,000.00)of income of each relative, other than a spouse of the owner,who is living in
38 the dwelling,shall not be included in such total:and provided further that the first ten thousand dollars($10,000.00)
39 or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such
40 total.
41
42 (4) For the tax freeze program, the total combined income received from all sources during the
43 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii)
44 the owner's or owners' relatives who live in the dwelling, shall not exceed
45 two dollars ($88,202} ninety six thousand four hundred five ($96,405) dollars provided that the first ten thousand
46 dollars($10,000.00)of income of each relative,other than a spouse of the owner,who is living in the dwelling,shall
47 not be included in such total;and provided that the first ten thousand dollars($10,000.00)or any portion thereof of
48 income received by a permanently and totally disabled owner shall not be included in such total.
49
50 (5) For the tax exemption programs, the net combined financial worth, including equitable
51 interests, as of December thirty-first of the year immediately preceding the taxable year,of the owners, and of the
52 spouse of any owner, excluding the value of the dwelling and the land (not exceeding ten acres) upon which it is
53 situated,shall not exceed three hundred and fifty thousand dollars ($350,000.00).
54
55 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as
56 of December thirty-first of the year immediately preceding the taxable year,of the owners,and of the spouse of any
57 owner,excluding the value of the dwelling and the land (not exceeding ten acres) upon which it is situated,shall not
58 exceed three hundred and fifty thousand dollars($350,000.00).
59
60 (7) The dwelling is occupied.
61 . . . .
62 Sec.35-67. Amount of exemption.
63 When a person claiming exemption under this division conforms to the standards and does not exceed
64 the limitations contained in this division,the tax exemption shall be as shown on the following schedule:
65
66 Total income,
67 All Sources Tax Exemption
68 $0.00 $51,588 $0.00-$56,386.00 100%
69 $51,588.01 $55,592.00 $56,386.01-$60,762.00 80%
70 $55,592.01 $59,594.00 $60,762.01-$65,136.00 60%
71 $59,594.01 $63,597.00 $65,136.01-$69,512.00 40%
72 $63,597.01 $67,599.00 $69,512.01-$73,886.00 20%
73
74 No lien shall accrue as a result of the amount certified as exempt.
75
76
77 2. Section 35-69.1 is hereby added to the City Code to read as follows:
78
79 Sec.35-69.1.-Prorated tax exemption for partial ownership
80 To the extent allowed by Virginia Code§58.1-3211.1,.the whole or partial exemption from real property taxes
81 authorized by the Division may be extended to dwellings jointly held by two or more individuals not all of whom
82 are at least 65 or permanently and totally disabled,provided that the dwelling is occupied as the sole dwelling by
83 all such joint owners.The proportional amount of such exemption shall by determined as provided in Virginia Code
84 §58.1-3211.1.
85
86
87 3. That this ordinance shall be effective on July 1, 2023.
88
89 Adopted by the City Council of the City of Virginia Beach,Virginia, on this 9 t h day of May, 2023.
APPROVED AS TO CONTENT: VED AS TO LEGAL SUFFICIENCY:
2,..... ... .etzicEILUD
B dget and Management Services rn 's Office
8
ITEM—II.1.a.6
ORDINANCES
ITEM#74208
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
6. Ordinance to AMEND City Code Section 37-7.1 re Water Capital Recovery
Fees
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent.
None
May 9, 2023
1 AN ORDINANCE TO AMEND SECTION 37-7.1 OF THE CITY CODE
2 PERTAINING TO WATER CAPITAL RECOVERY FEES
3
4 SECTION AMENDED: §37-7.1
5
6 WHEREAS, under Virginia Code § 15.2-2119, the City Council of the City of Virginia Beach, Virginia, is authorized to
7 impose fees for the recovery of water services provided;
8
9 WHEREAS,the City held a public hearing on this fee to provide public comment;and
10
11 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
12
13 1. Section 37-7.1 of the City Code is hereby amended and reordained to read as follows:
14
15 ....
16 (2) For multiple-family dwellings,the fee shall be in an amount equal to seventy(70) percent of the applicable
17 water capital recovery fee, per dwelling unit.
18
19 (3) For irrigation meters,the fee shall be in an amount equal to twenty-five(25) percent of the applicable water
20 capital recovery fee for the equivalent size meter.
21
22 (34) For mixed-use and other buildings containing both residential and non-residential uses,separate meters shall
23 be required to serve the residential and non-residential components of the property. Fees shall be payable for
24 each meter serving the property in accordance with this section.
25
26 (45)Where a use or structure connected to the public water system is reconstructed, expanded or modified so as
27 to result in an increase in water meter size,the water capital recovery fee shall in an amount equal to the
28 difference between the fee corresponding to the size of new water meter installed to serve such use or structure
29 and the fee corresponding to the size of the water meter replaced.
30
31
32 2. That this ordinance shall be effective on July 1, 2023.
33
34 Adopted by the City Council of the City of Virginia Beach,Virginia, on this 9 t h day of May, 2023.
AP ROVED AS TO CONTENT: PROV AS T EGAL SUFFICIENCY:
Budget and Management Services • tt me ' Office
9
ITEM—II.1.a.7
ORDINANCES
ITEM#74209
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
7. Ordinance to AMEND City Code Section 2-411 re create the Department of
Emergency Management and set forth the functions thereof
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay.
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE AMEND SECTION 2-411 OF THE CITY CODE TO CREATE THE
2 DEPARTMENT OF EMERGENCY MANAGEMENT AND TO SET FORTH THE
3 FUNCTIONS THEREOF
4
5 SECTIONS AMENDED: §2-411
6
7 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA:
8
9 That the title of Article XVIII and Section 2-411 of the Code of the City of Virginia Beach, Virginia, are hereby re-
10 ordained to read as follows:
11
12 ARTICLE XVIII.—DEPARTMENT OF EMERGENCY MANAGEMENT OFFICE
13
14 Sec. 2-492.—Created;director;coordinator.
15
16 In accordance with section§44-146.19 of the Code of Virginia,an office a department of emergency management is
17 hereby created for and within the city.The city manager is hereby appointed as director of emergency management.
18 A coordinator,who shall be provided all benefits of a department director, shall be appointed by the director,with
19 the consent of council.
20
21 Adopted by the Council of the City of Virginia Beach,Virginia on the9 t h day of May 2023.
Approved as to Content: A s to Legal Sufficiency:
/ ,
B dget and Management Services ty Attorney's Office
10
ITEM—II.1.a.8
ORDINANCES
ITEM#74210
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
8. Ordinance to AMEND City Code Section 21-240 re reimbursement for
expenses incurred from emergency response to DUIs and related incidents
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE TO AMEND SECTION 21-240 OF THE CITY CODE
2 PERTAINING TO REIMBURSEMENT FOR EXPENSES INCURRED
3 FROM EMERGENCY RESPONSE TO DUIS AND RELATED
4 INCIDENTS
5
6 SECTION AMENDED: §21-240
7
8 WHEREAS, § 15.2-1716 of the Code of Virginia states that localities may bill a flat fee of$350 or a minute
9 by minute accounting of the actual costs incurred when responding to DUls and related incidents.As used in this
10 section, "appropriate emergency response" includes all costs of providing law enforcement,firefighting, and
11 emergency medical services.
12
13 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
14
15 1. Section 21-240 of the City Code is hereby amended and reordained to read as follows:
16 ...
17 (b)Personal liability under this section for reasonable expenses of an appropriate emergency response pursuant to
18 subsection (a)shall not exceed one thousand dollars($1,000.00) in the aggregate for a particular accident, arrest
19 or incident. In determining the"reasonable expenses" a flat fee of three
20 hundred fifty dollars($350.00) may be billed, or a minute-by-minute accounting of the actual cost incurred may be
21 billed.
22
23
24 2. That this ordinance shall be effective on July 1, 2023.
25
26 Adopted by the City Council of the City of Virginia Beach,Virginia, on this 9 t h day of May, 2023
APPROVED AS TO CONTENT: ,APROV AS TO LEGAL SUFFICIENCY:
C441.766t).
B dget and Management Services rn 's Office
11
ITEM—II.1.a.9
ORDINANCES
ITEM#74211
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
9. Ordinance to AMEND City Code Sections 35-253 and 35-254 re local
telecommunications service taxes
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE TO AMEND SECTIONS 35-253 AND 35-254 OF
2 THE CITY CODE PERTAINING TO LOCAL
3 TELECOMMUNICATIONS SERVICE TAXES
4
5 SECTIONS AMENDED: §§35-253 and 35-254
6
7 WHEREAS,Article 4 of Title 58.1 of the Code of Virginia outlines Consumer Utility fees that may be
8 charged by a municipality. In the 2006 General Assembly Session, §§58.1-3812 and 58.1-3813.1 were repealed by
9 the Commonwealth.
10
11 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
12
13 1. Section 35-253 of the City Code is hereby amended and reordained to read as follows:
14
15 Except where the context clearly indicates a different meaning, in this article definitions of words and phrases
16 related to telecommunication or enhanced 911 service shall be provided by the provisions of sections 58.1 3812(J)
17 and 58.1 3813.1(A)58.1-648 and 58.1-1730 of the Code of Virginia.
18
19 2. Section 35-254 of the City Code is hereby amended and reordained to read as follows:
20
21 (a)Pursuant to section 58.1 3812 58.1-648 of the Code of Virginia, as amended,there is hereby imposed and levied
22 on every taxable purchase by a consumer of local telecommunication service,when such consumer's service
23 ,
24 ,
25 excess of fifteen dollars($15.00) per month for each residential consumer.there is levied and imposed, in addition
26 to all other taxes and fees of every kind imposed by law,a sales or use tax on the customers of communications
27 services in the amount of 5%of the sales price of each communications service.Such amounts are billed and
28 collected by the Commonwealth.
29
30 ( 3812 of the Code of Virginia,as amended,there is
31 se by a consumer ,
32
33 service; provided, however,that this tax shall not be applicable to any amount so charged in excess of thirty dollars
34 ($30.00)per month for each mobile service consumer.
35
36 (c)With respect to commercial consumers of local telecommunication service,the tax shall be twenty(20)percent
37 on charges for local telecommunication service.The tax imposed by this section shall not be applied to any portion
38
39 five hundred dollars($500.00).
40
41 (d)Pursuant to section 58.1 3813.1 58.1 1730 of the Code of Virginia,as amended, in addition to the taxes
42 imposed by subsections(a), (b)akc)of t4i-spec " ,
43 telephone service or services provided by any corporation subject to the provisions of Title 58.1,Chapter
44 26(section 58.1 2600 et seq.)of the Code of Virginia),a tax for Enhanced 9 1 1 service in the amount of two
45 onth.The amount of this tax shall i
46 ($2.40)per month on July 1, 2004, and it shall increase to two dollars and sixty cents($2.60)per month on July 1,
47 2005.The tax imposed by this subsection(d)shall not appl
48 not rendered.
49
50 Adopted by the City Council of the City of Virginia Beach,Virginia, on this 9 t h day of May, 2023
APPROVED AS TO CONTENT: 0 AST EGAL SUFFICIENCY:
Budget and Management Services Z ttor ey's 0 ice
12
ITEM—II.1.a.10
ORDINANCES
ITEM#74212
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
10. Ordinance to AMEND City Code Section 31-39 re Waste Collection Fee to
increase the waste collection fee for such services commencing July 1, 2023
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE TO AMEND SECTION 31-39 OF THE CITY CODE
2 REGARDING THE WASTE COLLECTION FEE TO INCREASE THE
3 WASTE COLLECTION FEE FOR SUCH SERVICES COMMENCING
4 JULY 1,2023
5
6 WHEREAS, under Virginia Code § 15.2-928, the City Council of the City of Virginia Beach, Virginia, is
7 authorized to impose fees for providing the services to its residents of collection,management,and disposal of solid
8 waste, recyclable materials, and other refuse;and
9
10 WHEREAS,the City held a public hearing on this fee to provide public comment;and
11
12 WHEREAS, the City Council desires to have a fiscally responsible solution to solid waste collection,
13 management,and disposal.
14
15 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA:
16
17 1. That Section 31-39 is hereby amended to the Code of the City of Virginia Beach to read as follows:
18
19 Sec. 31-39. Waste Collection Fee; billing and collection
20
21 a. That rate(s)to be charged for access to the service of solid waste collection, management, and disposal of
22 solid waste materials, and other refuse shall be as follows:
23
24 i. A waste collection fee of $25.00 $27.50 per month shall be charged to each occupied dwelling unit
25 eligible for, and each participating church receiving, City trash collection services in accordance with
26 this chapter.
27
28 b. That the billing and collection of the waste collection fee shall be pursuant to the same procedures as the
29 collection of water and sewer utility service and stormwater management charges as described in section
30 37-53.
31
32 2.This ordinance shall be effective on July 1, 2023.
33
Adopted by the City Council of the City of Virginia Beach,Virginia, on this 9 t h day of May, 2023.
APPROVED AS TO CONTENT: APP S TO LEGAL SUFFICIENCY:
Budget and Management Services ne ' Office
13
ITEM—II.1.a.11
ORDINANCES
ITEM#74213
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
a. FY2023-24 OPERATING BUDGET
11. Ordinance to AMEND City Code re Water and Sewer Fees
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE WATER AND
2 SEWER FEES
3
4 SECTIONS AMENDED:CITY CODE §§28-3.1, 28-4.1, 28-26, 37-7.01, 37-7.1, 37-16,
5 and 37-47
6
7 WHEREAS,under Virginia Code§15.2-2119,the City Council of the City of Virginia Beach,Virginia,is authorized to impose
8 fees for the recovery of costs for water and sewer services provided to a property owner;
9
10 WHEREAS,the City held a public hearing on this fee to provide public comment;
11
12
13 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA:
14
15 1. That Section 28-3.1 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as
16 follows:
17
18 Sec.28-3.1 Same;existing dwelling(mandatory connections)
19
20 a) Sewer tap, cleanout and installation fees for existing dwellings qualifying under Section 28-2, pertaining to
21 mandatory connections to the public sewer system,shall be$450.00$760.00 for a four-inch tap. For six-inch or
22 larger taps,the fee shall be the actual cost of installation by the City.
23 ....
24
25 2. That Section 28-4.1 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as
26 follows:
27
28 Sec.28-4.1.Sewer capital recovery fees,amount.
29
30 The sewer capital recovery fee shall be determined as follows:
31 (a) For single-family and duplex dwellings and triplexes where the dwelling units are separately-metered (per
32 dwelling unit)and for all non-residential uses:
Meter Size(in inches) Sewer Capital Recovery Fee Sewer Capital Recovery Fee
% $1,545.00 $2,521.00
1 $3,863.00 $6,302.00
1.5 $7,727.00 $12,603.00
2 $12,363.00 $20,165.00
3 $23,181.00 $37,809.00
4 $38,634.00 $63,016.00
6 $77,268.00 $126,032.00
8 $123,629.00 $201,650.00
10 $177,717.00 $289,872.00
33
34
35 3. That Section 28-26 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as
36 follows:
37
38 Sec.28-26.Sanitary sewer charges established.
39
40 The following monthly charges are hereby established with respect to all property connected directly or indirectly
41 to the public sewer system maintained by the city:
42 1) Residential uses:
43 a) Single-family detached residences:,$19.54 effective July 1, 2009, and$22.12 effective July 1, 2011;
44 ,
45 $31.58 effective July 1, 2023; and $32.37 effective July 1, 2024;and $33.18 effective July 1, 2025.
46 b) Structures with two(2)or more family residential units with one(1)connection to the public sewer
47 system, except where structures meet the criteria set forth in subsection (e), and trailer parks:
48 (1) First unit or trailer:$19.54 effective July 1, 2009,and$22.12 effective July 1, 2011;and$24.86
49 effective July 1, 2012;and$27.76 effective July 1,2013;and$30.81 effective July 1, 2014. $31.58
50 effective July 1, 2023;and $32.37 effective July 1, 2024; and $33.18 effective July 1, 2025.
51 (2) Each additional unit or trailer: $14.65 effective July 1, 2009, and $16.60 effective July 1, 2011;and
52 $18.66 effective- 22012;a $20-.-83 effective July 1, 2013;and$23.12 effective July 1, 2014.
53 $23.70 effective July 1, 2023; and $24.29 effective July 1, 2024;and $24.90 effective July 1, 2025.
54 c) Hotels and motels:
55 (1) First room provided for occupancy:$19.54 effective July 1, 2009, and$22.12 effective July 1, 2011;
56 and$24.86 effective July 1, 2012;and $27.76 effective July 1, 2013;and$30.81 effective July 1, 2014.
57 $31.58 effective July 1, 2023; and $32.37 effective July 1, 2024;and $33.18 effective July 1, 2025.
58 (2) Each additional room provided for occupancy:$7.84 effective July 1, 2009,and$8.89 effective July 1,
59 2011; aF$9,99-effeE bl 20-1 $-1 5-effective July 1, 2013;and$12.38 effective July 1,
60 2014. $12.69 effective July 1, 2023;and $13.01 effective July 1, 2024;and $13.33 effective July 1,
61 2025.
62 d) Campgrounds:
63 (1) First space provided:$49,-54 effective my 2009 d$22 1 2 eff ly 1, 20 1•and t?-4 86
zccl , .,, �1 rczr-c.�-,E�t�li�e-}tl --vv
64 effective July 1, 2012;and$27.76 effective July 1, 2013;and$30.81 effective July 1, 2014. $31.58
65 effective July 1, 2023;and $32.37 effective July 1, 2024;and $33.18 effective July 1, 2025.
66 (2) Each additional space provided:$7.84 effective July 1, 2009,and$8.89 effective July 1, 2011;and
67 $9.99 effective July 1, 2012;and$11.15 effective4uly 13;and- ?38 effective--141 014.
68 $12.69 effective July 1, 2023; and $13.01 effective July 1, 2024;and $13.33 effective July 1, 2025.
69 e) If a structure or property has two(2)or more family residential units, each of which is directly
70 connected to the public sewer system owned and operated by the city,the charge for individual
71 unit(s)shall be no less than $19.54$31.58 per unit effective July 1, 2009,and$22.12 effective July 1,
72 ,
73 2014.July 1, 2023;and$32.37 effective July 1, 2024;and $33.18 effective July 1, 2025.
74 f) Separately metered multi-unit structures served by a privately-owned, on-site sewer collection
75 system with a single connection point to the city's sewer system shall be charged $14.65 effective July
76 1, 2009,and $16.60$23.70 effective July 1, 2011;and$18.66 effective July 1, 2012;and$20.83
77 effective July 1, 2013;and$23.12 effective July 1, 2014.July 1, 2023;and$24.29 effective July 1,
78 2024;and $24.90 effective July 1, 2025.
79 2) Nonresidential uses:Effective July 1, 2009,for all nonresidential uses in which there is also supplied public
80 water service,the sanitary sewer service charge shall be determined by the size of the water tap through
81 ,
82
83 3<inch$19.61
84 1 inch24.76
85 1'/: inch49.02
86 2 inch74.30
87 3 inch145.85
88 4 inch213.64
89 6 inch489.01
90 8 inch1,135.86
91 10 inch1,878.81
92 12 inch2,848.23
93 Effective July 1, 2011,for all nonresidential uses in which there is also supplied public water service,the
94 sanitary sewer service charge shall be determined by the size of the water tap through which water is
95 provided, as per the following table:
Tap Size Monthly Charge Effective July 1, 2011
inch $22.21
4-i ch 28.04
11 inch 55.52
84.15
3 inch 165.18
4 inch 275.9A1
# 553.83
8 inc 1,286.00
10 inch 128 00
�w
44 3,226.00
96
97 Effective July 1, 2012,for all nonresidential uses in which there is also supplied public water service,the
98 sanitary sewer sew-ice charge-shall be-d ermined by the s of the water to
99 provided,as per the foll
Tap Size Monthly Charge Effective July 1, 2012
34 inch $24.97
1 inch 31.52
1144 rick 6 40
94.58
3 inch 4-8-576.6
/1 inch 36
6-inch 6 0
8 inch 1,446.00
10 2,392.00
12 inch 3,626.00
100
101 Effective July 1, 2013,for all nonresidential uses in which there is also supplied public water service,the
102 sanitary sewer service charge shall be determined by the size of the water tap through which water is
103 provided, as per the following
Tap Size Monthly Charge Effective July 1, 2013
440E4 f$28..06
# 35.43
1% inch 70.11
2 inch 106.31
3 inch 208.68
.1 inch 348.61
6-inch 7
8 inch 1,625.00
10 inch 2,688.00
4-2-444e14 41,075.00
104
105 Effective July 1, 2014,for all nonresidential uses in which there is also supplied public water service,the
106 sanitary sewer service charge shall be deter
107 provided,as per the following table:
Tap Size Monthly Charge Effective July 1, 2011
%inch $31.15
1 inch 39.32
VA inch 77.84
h 117.98
3 231.60
4 inch 386.89
6 inch 776.51
8 inch 1,804.00
10 inch 2,983.00
12 inch n 523 00
108
109 Effective July 1, 2023,for all nonresidential uses in which there is also supplied public water service,the
110 sanitary sewer service charge shall be determined by the size of the water tap through which water is
111 provided, as per the following table:
Tap Size Monthly Charge Effective July 1, 2023
%inch $31.93
1 inch $40.30
1% inch $79.79
2 inch $120.93
3 inch $237.39
4 inch $396.56
6 inch $795.92
8 inch $1,849.10
10 inch $3,057.58
12 inch $4,636.08
112
113 Effective July 1, 2024,for all nonresidential uses in which there is also supplied public water service,the
114 sanitary sewer service charge shall be determined by the size of the water tap through which water is
115 provided, as per the following table:
Tap Size Monthly Charge Effective July 1, 2024
inch $32.73
1 inch $41.31
11/2 inch $81.78
2 inch $123.95
3 inch $243.32
4 inch $406.48
6 inch $815.82
8 inch $1,895.33
10 inch $3,134.01
12 inch $4,751.98
116
117 Effective July 1, 2025,for all nonresidential uses in which there is also supplied public water service,the
118 sanitary sewer service charge shall be determined by the size of the water tap through which water is
119 provided, as per the following table:
Tap Size Monthly Charge Effective July 1, 2025
inch $33.55
1 inch $42.34
11/2 inch $83.83
2 inch $127.05
3 inch $249.41
4 inch $416.64
6 inch $836.22
8 inch $1,942.71
10 inch $3,212.36
12 inch $4,870.78
120
121 a. For all nonresidential uses in which public water service is not available,the monthly charge shall be
122 as follows:
123 (1) 0-4 commodes:$39.21 effective July 1, 2009, and$44.40 effective July 1, 2011;and$49.90 effective
124 July 1, 2012;and$55.72 effective July 1, 2013;and$61.83 effective July 1, 2014. $63.38 effective July
125 1, 2023;and $64.96 effective July 1, 2024;and $66.58 effective July 1, 2025.
126 (2) Each additional commode over four(4):$7.84 effective July 1, 2009,and$8.89 effective July 1, 2011;
127 ,
128 $12.69 effective July 1, 2023;and $13.01 effective July 1, 2024;and$13.33 effective July 1, 2025.
129 The charges prescribed in this section shall be calculated for each service period by multiplying the number of days in
130 the service period by the applicable daily charge for the rates on a twelve-month basis.
131
132
133 4. That Section 37-7.01 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as
134 follows:
135
136 Sec.37-7.01.Same—Existing dwellings(mandatory connections).
137
138 a) Installation fees for existing dwellings qualifying under Section 37-5, pertaining to mandatory connections to the
139 public water system,shall be as follows:
140 (1) Tap and meter fees:
141 (A) %-inch and %-inch tap:
142 Tap and meter:$493.00$1,014.00 effective July 1, 2023;and$1,073.00 effective July 1, 2024;and
143 $1,138.00 effective July 1, 2025;and$1,210.00 effective July 1, 2026;and $1,289.00 effective July 1,
144 2027.
145 Meter only:$363.00$592.00 effective July 1, 2023; and$651.00 effective July 1, 2024;and $716.00
146 effective July 1, 2025;and$788.00 effective July 1, 2026;and$867.00 effective July 1, 2027.
147 (B) One inch tap:
148 Tap and meter: $579.00$1,094.00 effective July 1, 2023;and $1,161.00 effective July 1, 2024;and
149 $1,235.00 effective July 1, 2025;and $1,316.00 effective July 1, 2026;and $1,406.00 effective July 1,
150 2027.
151 Meter only:$449.00$672.00 effective July 1, 2023;and$739.00 effective July 1, 2024;and $813.00
152 effective July 1, 2025;and$894.00 effective July 1, 2026;and $984.00 effective July 1, 2027.
153 (C) One and one-half inch or larger tap and/or meter,or where the installation requires a different size
154 tap and meter than set forth above:actual cost to the City of installation.
155 (b) "Actual cost" shall mean the average installation cost determined by the Department of Public Utilities annually
156 based upon contract unit bid prices and contract administration cost.
157
158 5. That Section 37-7.1 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as
159 follows:
160 Sec.37-7.1 Water Capital Recovery Fee generally.
161 ....
162 (b) The water capital recovery fee shall be determined as follows:
163 (1) For single-family and duplex dwellings and triplexes where the dwelling units are separately-metered
164 (per dwelling unit)and for all non-residential uses:
Meter Size Water Capital Water Capital
(in inches) Recovery Fee Recovery Fee
% $ 2,267.00 $2,900.00
1 5,667.00 $7,251.00
1.5 11,333.00 $14,502.00
2 18,133.00 $23,203.00
3 34,000.00 $43,506.00
4 56,667.00 $72,509.00
6 113,334.00 $145,019.00
8 ,8 33 n 00 $232,030.00
10 --2-607668700 $333,543.00
165
166
167 6. That Section 37-46 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as
168 follows:
169
170 Sec.37-46-Minimum service availability charges prescribed.
171 Each consumer shall pay a monthly minimum service availability charge as follows for each meter connecting his premises
172 with the city water system:
173
Meter Size Meek Monthly Monthly Monthly Monthly Monthly
Charge: Charge Charge Charge Charge Charge
Effective Effective Effective Effective Effective Effective
July 1, July 1, July 1, July 1, July 1, July 1,
2010 2023 2024 2025 2026 2027
% inch $4.41 $5.00 $5.53 $6.00 $6.30 $6.61
Y.inch $6.31 $6.97 $7.56 $7.94 $8.34
1 inch 7.91 $8.97 $9.92 $10.76 $11.30 $11.86
1%inch 43-56 $15.38 $17.00 $18.44 $19.37 $20.33
2 inch 20.41 $23.16 $25.59 $27.76 $29.15 $30.61
3 inch 36.31 $41.19 $45.52 $49.39 $51.86 $54.45
4 inch 59.01 $66.95 $73.98 $80.26 $84.28 $88.49
6 inch 116.31 $131.95 $145.81 $158.20 $166.11 $174.42
8 inch 184.31 $209.10 $231.06 $250.69 $263.23 $276.39
10 inch 264.31 $299.86 $331.34 $359.51 $377.48 $396.36
12 inch '191.31 $557.39 $615.92 $668.27 $701.68 $736.77
Fire hydrant 36.31 $41.19 $45.52 $49.39 $51.86 $54.45
meter
174
175 7. That Section 37-47 of the Code of the City of Virginia Beach is hereby amended and reordained, to read as
176 follows:
177
178 Sec.37-47.Water usage rates prescribed.
179 In addition to the charges provided for in section 37-46, each consumer shall pay for water usage the rate of
180 four dollars and ninety cents ($ five dollars and twenty cents
181 ($5.20) per one thousand (1,000) gallons, as of July 1, 2023; and five dollars and seventy-four cents ($5.74) per one
182 thousand (1,000) gallons, as of July 1, 2024; and six dollars and twenty-three cents ($6.23) per one thousand (1,000)
183 gallons,as of July 1, 2025;and six dollars and fifty-four cents($6.54)per one thousand(1,000)gallons,as of July 1,2026;
184 and six dollars and eighty-seven cents($6.87) per one thousand (1,000)gallons, as of July 1, 2027.
185
186 8. The effective date of this ordinance shall be July 1, 2023.
187
188 Adopted by the Council of the City of Virginia Beach,Virginia, on this 9 t bay of May, 2023.
APPROVED AS TO CONTENT: APP AS TO LEGAL SUFFICIENCY:
/4;-/Lau1/42
B dget and Management Services Cit rn ' Office
14
ITEM—
ORDINANCES
ITEM#74214
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
b. ORDINANCE THAT AMENDS CITY POLICY
1. Ordinance to REPEAL and UPDATE various City Code Sections re Modernize Human
Resource Policies
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE TO REPEAL AND UPDATE VARIOUS SECTIONS OF THE CITY CODE
2 TO MODERNIZE HUMAN RESOURCES POLICIES
3 SECTIONS AMENDED: 2-85; 2-104; 2-105; 2-106; 2-107; 2-109; 2-110; 2-111; 2-
4 112; 2-116; 2-117;and 2-117.1
5 SECTIONS REPEALED: 2-83.1; 2-83.2; 2-83.3; 2-84; 2-113; 2-114; 2-115; and 2-
6 119
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA,THAT:
8 The following sections of the City Code are hereby amended and reordained to read as follows:
9 Sec.2-85. Leave and PTO Carryover
10 (a) No employee shall be required to take annual leave.No employee shall be paid for unused annual leave except
11 upon termination of employment. Upon termination,employees shall be paid straight time for accrued annual
12 leave, and payment shall be processed as expeditiously as possible. No employee shall be allowed to carry
13 more than four hundred (400) hours of accumulated annual leave from one calendar year to the next if the
14 employee is scheduled to work forty (40) hours or more per consecutive workweek, or eighty (80) hours or
15 more per consecutive pay period if exempt under or excluded from the Fair Labor Standards Act of 1938, or is
16 a sworn law enforcement officer assigned to a fourteen-day work period, excluding firefighters assigned to a
17 twenty-one-day work period. No firefighter assigned to a twenty-one-day work period shall be allowed to carry
18 more than five hundred sixty(560)hours of accumulated annual leave from one calendar year to the next, nor
19 shall any employee who terminates employment with the city receive pay for more than four hundred (400)
20 hours of accumulated annual leave if the employee is scheduled to work forty (40) hours or more per
21 consecutive workweek, or eighty(80) hours or more per consecutive pay period if exempt under or excluded
22 from the Fair Labor Standards Act of 1938, or is a sworn law enforcement officer assigned to a fourteen-day
23 work period; or five hundred sixty (560) hours of accumulated annual leave if the employee is a firefighter
24 assigned to a twenty-one-day work period.
25 (b) Part-time employees hired on or after July 1, 1996,shall not be allowed to carry more than one hundred twelve
26 (112) hours of accumulated personal leave from one calendar year to the next,nor shall part time employees
27 mulated personal leave. Upon
28 termination, employees shall be paid straight time for personal leave, and payment shall be processed as
29 expeditiously as possible.
30
31 ....
32
33 Sec.2-104.Original employment.
34 (-a-} Original employment shall be defined as an employee's initial period of continuous employment with the city.
35 The effective date of original employment shall usually be the date on which the employee actually begins
36 work and shall constitute the first day of the probation period. In cases when a city-recognized holiday,
37 weekend, or city manager-designated inclement weather period prohibits the employee from reporting to
38 work on the first day of a pay period, the effective date of original employment shall be appropriately
39 established by the director of human resources.
40 (b An individual beginning employment for the first time shall be placed at the minimum salary of the pay range
41 established for the class in which employed,or at the lowest salary received by any incumbent(s)in such class,
42 whichever is lower; provided, however, that based on a new employee's prior experience, proficiency, or
43 related criteria, placement may be accelerated up to twenty (20) percent above the minimum salary of the
44
45 urces. Further acceleration within the assigned pay range may be authorized upon wr- ten
46 ,
47 manager.
48
49 Sec.2-105. Re-employment.
50 (a) Re-employment shall be defined as the employment of a former permanent or probation full-time city
51 employee following a separation from city employment of more than twelve (12) consecutive months, or the
52 employment of a former part-time city employee, hired on or after July 1, 1996, following a separation from
53 city employment of any length of time.All other conditions of section 2-104 shall apply.
54 (b) All time served in previous employment with the city shall not be counted towards the probation period,
55 annual leave,service awards,or other longevity-based employment conditions or benefits with the exception
56 of: (1) the Virginia Retirement System benefit that is determined in accordance with state law: and (2)
57 determining eligibility for the employer's contribution toward retiree healthcare premiums. Eligible veterans
58 returning to the city should refer to the Military Leave Policy and Procedure.
59
60 Sec.2-106. Reinstatement.
61 (-a) Reinstatement shall be defined as the employment of a former city employee
62 within twelve (12) consecutive months from the date of the employee's separation from the city service. To
63 be eligible for reinstatement the employee must have been in good standing at the time of separation from
64 the city service. Part-time employees separated from city employment for any length of time will follow the
65 reemployment procedure set forth in section 2-105. Furthermore, the appointing department head must be
66 in agreement and a vacancy must exist. The director of human resources shall determine the appropriate
67 merit date of the reinstated employee. The department head shall determine the position of the
68 reinstated employee and the director of human resources shall determine the appropriate salary within the
69 range of the position for the reinstated employee. Should the employee return in a lower position, the
70 employee's salary may not exceed the maximum salary of the new position. All time that a former employee
71 is employed with the city prior to separation shall be credited toward the probation period, annual leave,
72 service awards,or other longevity-based employment conditions or benefits subject to necessary adjustments
73 to account for the number of months of separation.Sick leave accrued prior to separation shall be restored to
74 employees who are reinstated to the extent that it is not transferred and used during interim employment
75 with another participating employer.
76
77 (12)consecutive months, may be reinstated provided the following criteria are met:
78 (1) The injury or disability which resulted in retirement was incurred in the line of duty;
79
80 perform the duties of the position into which the employee is reinstated;
81 (3) The employee meets ail ether requirements for the position into which he is reinstated;and
82 ment of a new position or the reassignment
83 of personnel to accommodate the employee.
84
85 Sec. 2-107.Conversion from part-time to full-time status for employees hired prior to
86 July 1, 1996.
87 (a) Conversion shall be defined as the change, upon the request of the employing authority,from part-time status
88 to probation or permanent status. Upon such conversion,the director of human resources shall credit towards
89 probation, annual leave, service awards and merit increases, all prior time worked in a part-time status to
90 those employees converted to probation or permanent status.Conversion status will be awarded only to those
91 employees who have rendered acceptable service during their part-time employment.The director of human
92 resources shall not approve any conversion unless there is an established permanent budgeted position.
93 (b) Employees(excluding category e
94
95
96
97 employment,
98 (-c4 Employees converted from full-time status to part-time status or from part-time status to full-time status shall
99 have prior time worked credited towards probation and annual leave on the effective date of conversion.
100
101 Sec.2-109.Changes in pay generally.
102 (a) Administrative increase. An administrative increase shall be defined as an increase within a class that is
103 awarded to an employee based on criteria established by administrative directive. Employees may be
104 recommended for an administrative increase upon submission of a letter of justification by the respective
105 department head to the director of human resources, subject to the approval of the City Manager. A
106 t the employee's merit date. A to
107 be granted to a City employee by the City Manager, at his/her sole discretion, when the City Manager has
108 ;
109 or office; or due to a temporary reorganization. The temporary bi weekly pay adjustment cannot exceed ten
110 '
111
112
113 ,
114
115 CityCouncil approval, shall more than ten(10)employees at one time, and no more than twenty(20) in total
pp �
116 in a fiscal year, be compensated under this provision. Within thirty(30)days of the end of the fiscal year,the
117 ,ee an ite+ ed bas+s,-each temporary
118
119
120 (b) Merit increase. A merit increase shall be defined as a salary increase within the pay range of the class to which
121 the employee is assigned that is awarded based on job performance in accordance with the city's performance
122 appraisal program.A formal performance appraisal shall be conducted for each employee on the employee's
123 respective merit date and each succeeding merit date thereafter. Merit increases shall become effective on
124 the employee's merit date as provided in section 2 116 date established by the City Manager and approved in
125 the budget by the City Council and shall only be awarded to full-time permanent employees. Merit increases
126 .
127 The amount of the merit increase shall be prorated based on the length of time assigned to the classification
128 .
129 (c) Administrative decrease. An administrative decrease shall be defined as a salary redu-ction within a class as
130
131
132 of justification submitted by the appropriate department head. This action is subject to approval by the
133 director of human resources and the city manager.Merit dates arc not affected by an administrative decrease.
134
135 (-d}
136
137
138 Market adjustments arc not dependent on an em '
139 {�} Shift differential. A shift differential policy shall be established by the Department of Human Resources and
140 approved by the City Manager. Eligible classifications shall be maintained by the Department of Human
141 Resources.
142
143 . to 3:00 a.m. Such employee shall receive the equivalent of
144
145
146 the city manager, and employees designated by the director of human resources as "exempt"under the Fair
147 .
148 (d)(44[Bonuses.]The city manager is authorized to establish bonus programs to address a variety of needs, including
149 recruitment, retention, and performance. Bonuses may be provided to employees in accordance with
150 applicable administrative directives and guidelines. A "bonus" shall be defined as a lump-sum payment to an
151 employee that is not part of the base salary.
152
153 Sec.2-110. Promotion.
154 (a3 A promotion shall be defined as an advancement by an employee to a classification assigned a higher pay range
155 with more complex job duties and responsibilities. Unless the city manager shall determine otherwise and
156 notifies city council of that determination for a non-competitive promotion in advance of promotion, no
157 employee may be promoted unless there is a position vacancy and the employee is selected pursuant to a
158 competitive selection process that is either restricted to current employees or open to the general public.
159 ( ,
160 range, the employee will receive a salary increase of five(5) percent or the minimum salary of the pay range
161 whichever results in the higher salary;for a promotion of two(2)or more pay ranges,the employee will receive
162 ,
163 salary.The city manager has discretion to adjust the pay increase,or to deny a pay increase,to the incumbent's
164 . ,
165 ,. . ,
166
167 ({j
168
169
170
171 Sec.2-111. Demotion.
172 (a) A disciplinary demotion shall be defined as an assignment to a new classification with an assigned pay range
173 lower than the assigned pay range of an employee's present classification as a result of disciplinary action. In
174 cases of disciplinary demotion, the employee's assigned salary will be determined by the director of human
175 resources
176 demotion.
177 (b) A voluntary demotion shall be defined as an assignment to a new classification with an assigned pay range
178 lower than the assigned pay range of an employee's present classification that is initiated with the concurrence
179 of the employee. In cases of voluntary demotion, the employee's assigned salary will be determined by the
180 director of human resources and the anniversary date will not be adjusted.
181
182 Sec.2-112. Reclassification.
183 ( A reclassification shall be defined as a reassignment of the appropriate job title and pay range of an employee
184 whose job responsibilities have been determined by the director of human resources to have evolved to a
185 degree that the present job classification does not accurately reflect the actual duties performed. When such
186 position cannot accurately be described or compensated by assignment to an existing class, the director of
187 human resources shall establish a new class with appropriate range and title, subject to the approval of the
188 city manager. ,
189 shall be adjusted in the same manner as set forth in section 2 110(b). In cases where an incumbent's salary is
190 below the minimum salary assigned to the new range, the incumbent will be assigned the minimum salary of
191 the new range.
192
193 all employees in the reclasso be compensated at
194 the salary received at that time.
195 ( Compensation to reclassified employees,which is made pursuant to subsection ,
196 may exceed the highest step of the reclassified range for such employee,shall not be deemed a promotion.
197
198 Sec.2-116. Merit date.
199 The merit date shall be defined as the date on which an employee becomes eligible for a merit increase. The
200
201 days of sick leave,injury leave,suspension,or leave without pay status.The employee's first merit date shall coincide
202 with the completion of the probation period.be twelve(12)months from the date assigned to his or her present job
203 class. Thereafter, the merit date shall be one (1) year from the date of any personnel action that includes an
204 adjustment to the employee's pay. the last promotion, career progression, change of job duties, disciplinary
205 re a voluntary demotion is involved,the employee's
206 present merit date will remain unchanged.
207
208 Sec. 2-117.Career Progression.
209 (a4 A career progression shall be defined as an advancement by an employee to a higher pay within a defined
210 classification series.A career progression does not require a position vacancy.
211 { When a career progression action occurs to an employee,the employee's salary will be increased as follows:
212 For a career progression of one(1)pay range,the employee will receive a salary increase of five(5)percent or
213 the minimum salary of the pay range, whichever results in the higher salary;for a career progression of two
214 (2)or more pay ranges,the employee will receive a salary increase of ten(10)percent or the minimum salary
215 of the pay range, whichever results in the higher salary. The city manager has discretion to adjust the pay
216 increase, or to deny a pay increase, to the incumbent's salary based on the organizational structure,
217 compression factors,level of supervisory responsibilities,position in pay range,internal equity,or other factors
218
219 exercise it only on a limited basis.
220 (E}
221 a career progression on his or her merit date and is eligible for a merit incrcvse may also receive the merit
222 increase based on the employee's performance appraisal in addition to the pay increase received for the career
223 progression.
224
225 Sec. 2-117.1. Change in pay range for class.
226 A change in pay range for class shall be defined as a reassignment upward or downward of the appropriate
227 pay range assigned to a job classification as recommended by the director of human resources and approved by the
228 city manager. classification is raised, all incumbc
229
230 ,
231
232 BE IT FURTHER ORDAINED,THAT:
233
234 The following sections of the City Code are hereby repealed:
235
236
237
238
239 '
240
241 Sec.2-82.2.Bereavement-leave.
242 (a) All full time merit employees of the city shall be eligible to receive leave with pay upon the death of a member
243 of such employee's immediate family not to exceed forty (40) hours for all full time employees except
244 firefighters assigned to fifty six(56)hour work weeks who shall be eligible to receive leave not to exceed fifty
245 six(56)hours.Such leave cannot be saved and used at a later date.
246 (b) All part time employees shall be granted time off with pay for the portion of their regular weekly work schedule
247 ,
248
249 Sep 2_83 2 lury leave
250 All full time merit employees of the city shall be eligible to receive paid jury leave when summoned to serve
251 as jurors.The conditions upon which the city requires payment received by such employees for jury service will be
252
253
254
255 All full time City of Virginia Beach employees hired before January 1, 2014 who have not opted to participate
256 in the hybrid retirement plan, all employees eligible to receive enhanced retirement benefits in hazardous duty
257 positions all employees hired on or after January 1, 2014 with Virginia Retirement System creditable service, and all
258 part time employees hired prior to July 1, 1996, shall earn annual leave and, with supervisory approval, may utilize
259
260 (1) All full time employees or appointees who are scheduled to work forty (10) hours or more per consecutive
261 workweek or eighty(80)hours or more per consecutive pay period if e
262 tabor Standards Act of 1938, or are sworn law enforcement officers assigned to a fourteen day work period,
263 ,
264 (a) Eight(8)hours per month for each month of employment for employees having accrued the equivalent of
265 less than five(5)years of full time employment.
266 (b) Ten(10)hours per month for each month of employment for employees having accrued the equivalent of
267 five(5)or more years, but less than ten(10)years,of full time employment.
268 (c) Twelve(12)hours per month for each month of employment for employees having accrued the equivalent
269 of ten(10)or more years, but less than fifteen(15)years, of full time employment.
270 (d) Fourteen (14) hours per month for each month of employment for employees having accrued the
271 equivalent of fifteen(15)or more years, but less than twenty(20)years,of full time employment.
272 (e) Sixteen(16)hours per month for each month of employment for employees having accrued the equivalent
273 of twenty(20)or more years of full time employment.
274 (2) All firefighters assigned to a twenty one day work period shall be credited with:
275 (a) Eleven and two tenths (11.2) h
276 accrued the equivalent of less than five(5)years of full time employment.
277 (b) Fourteen (14) hours per month for each month of employment for employees having accrued the
278 equivalent of five(5)or more years, but less than ten(10)years,of full time employment.
279 (c) Sixteen and eight tenths (16.8) hours per m
280 accrued the equivalent of ten(10)or more years, but less than fifteen(15)years,of full time employment.
281 (d) Nineteen and six tenths (19.6) hours per month
282 accrued the equivalent of fifteen (15) or more years, but less than twenty (20) years, of full time
283 employment.
284 (e) Twenty two and four tenths(22.4)hours per month for each month of employment for employees having
285 accrued the equivalent of twenty(20)years or more of full time employment.
286 (3) Part time employees employed prior to July 1, 1996,shall continue to be credited with annual leave on a basis
287
288 employed on or after July 1, 1996, will accrue a maximum of eight (8) hours of personal leave per month
289 prorated based on the number of hours worked; provided, however, that the provisions of subsection (1)
290
291 .
292 (-1) Records shall be kept within each department of the annual leave accumulated and taken by each employee
293 ,
294 department of human resources.
295 (5) Under no circumstances shall annual leave be granted in advance of its accrual or paid in lump sum except
296
297 {6) When an employee is in a nonpay status for portions of a calendar month,then annual leave accrual for such
298 month shall be reduced accordingly by the director of human resources to reflect the employee's nonpay
299 status.
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350 (1) Sick leave shall be credited at the rate of eight (8) hours per month of employment with the city. A
351 proportionate number of hours shall be awarded for a partial mo
352 to accrue an unlimited number of sick leave hours.
353 (2) The department head may at any time require the employee to provide written medical documentation of
354 his illness.
355 (3) All employees eligible to accrue sick leave who were employed prior to the effective date of this section
356 shall begin the sick leave system with a"beginning balance"of available sick leave hours.
357 1) An employee's"beginning balance"shall be determined by subtracting the hours of sick leave used by such
358 employee prior to the effective date of this section from those hours which would have been earned under
359 the provisions of this section had it been in effect since January 1, 1963. In the event that records which
360 arc necessary to compute an employee's"beginning balance"are unavailable,it shall be assumed that each
361 employee earned four(4)hours of sick leave for every month that said record arc unavailable.
362 (5) The"beginning balance"of sick leave hours available for use by an employee as of the effective date hereof
363 shall be noted in the employee's personnel file. However, those employees with a negative "beginning
364 balance"shall begin with a balance of zero sick leave hours.
365 (6) Firefighters assigned to fifty six(56)hour per workweek positions shall be credited with sick leave at a rate
366 of eleven and two tenths(11.2)hours per month.
367 (7) An employee's sick leave balance shall revert to a zero balance upon the change in number of hours from
368 full time status to part time status.
369 (8) Employees in an approved extended sick leave status(more than five(5)working days)on January 1, 1986,
370 '
371 employee's return to work, his or her beginning sick leave balance ld be calc4ated as sr eeified in
372 paragraph (4)above.
373 (c) Part time employees shall not be eligible to receive sick leave.
374 (d) All City of Virginia Beach full time employees hired on or after January 1,2014 with the exception of employees
375 eligible for enhanced retirement benefits in hazardous duty positions and who are hired with Virginia
376 Retirement System creditable service, and all full time employees hired after January 1, 2014, and full time
377 employees hired before January 1,2014 who have opted to participate in the hybrid retirement plan,shall not
378 be eligible to receive sick leave and shall receive paid time off in lieu of sick leave as set forth in the applicable
379 City of Virginia Beach Hu man Resources policy.Any and all future changes to paid time off shall be subject to
380 city council approval.
381
382
Adopted by the Council of the City of Virginia Beach,Virginia, on the9 t h day of May, 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
—4 (244ilitrai ,4,1/4.. 7
IIT�tt
Budget and Management Services City Attorney's Office
15
ITEM—II.l.c.1
ORDINANCES
ITEM#74215
Upon motion by Vice Mayor Wilson,seconded by Council Member Ross-Hammond, City Council ADOPTED,
AS AMENDED, Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN — RECONCILED
PROPOSAL:
c. FY 2023-24 CAPITAL BUDGET
1. Ordinance to ADOPT the FY2023-24 through FY2028-29 Capital
Improvement Program(CIP)and APPROPRIATE$375,640,111 re FY2023-
24 Capital Budget, subject to funds being provided from various sources set
forth herein
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick,Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 AN ORDINANCE TO ADOPT THE FY 2024 - FY 2029 CAPITAL
2 IMPROVEMENT PROGRAM AND TO APPROPRIATE FUNDS FOR THE FY
3 2023-24 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM
4 VARIOUS SOURCES SET FORTH HEREIN
5 WHEREAS,the City Manager,on March 21,2023,presented to City Council the Capital Improvement Program for Fiscal
6 Years 2023-24 through 2028-29;
7
8 WHEREAS,the City Council held a public hearing on the program to provide for public comment;
9
10 WHEREAS,the City Council has determined the need for certain projects in the Capital Improvement Program;and
11
12 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in Fiscal Year 2023-24,
13 as set forth in said Capital Improvement Program.
14
15 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
16
17 Section 1. The Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities
18 identified for Fiscal Years 20223-234 through 20278-289 is hereby adopted, and the projects listed therein are hereby
19 approved as capital projects.
20
21 Section 2. The projects shall be financed from funds to be appropriated periodically by City Council, and until funds
22 are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at
23 any time by City Council.
24
25 Section 3. Funds in the amounts aggregating $375,640,111 for capital projects in the Capital Budget for Fiscal Year
26 20223-234, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the
27 conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A — Capital Budget
28 Appropriations,"a copy of which is attached hereto.
29
30 Section 4. In accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget for
31 Fiscal Year 202-23-234 as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B —
32 Financing Sources."
33
34 Section 5. Capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital
35 Improvement Program and reallocated as identified in "Attachment C—Transfers,"a copy of which is attached hereto.
36
37
38 said Capital Improvement Program "
39
40 Section 7. In accordance with adjustments in funding set+rc-es frem th-e V+rgin+a Department -e# T spe-rtation,
41 " •
42 modified to$1,710,000 in funds from the federal government;$459,000 of appropriated funds from the Commonwealth for
43 Project tt 100123 "Cleveland Street Improvements Phase IV" is hereby modified to $459,000 in funds from the federal
44 government;and$860,000 of funds from the Commonwealth for Project tt 100213 "Indian River Road Phase VII B" is hereby
45 modified to $860,000 in funds from the federal government. In accordance with best financial practices and to avoid
46 arbitrage, previously authorized Stormwater Revenue Bonds totaling $61,009, are hereby deauthorized and replaced with
47 interest earned through the Virginia State Non-Arbitrage Program (SNAP). In addition, previously authorized Public Facility
48 Revenue Bonds in the total amount of$137,749, are hereby deauthorized and replaced with interest earned through the
49 Virginia State Non-Arbitrage Program (SNAP).
50
51
52 Section 8. In accordance with actual realized revenue at the completion of the projects, $682,718 in estimated
53
54 Camp Pendleton Improvements Projects. In accordance with best financial practices and to avoid arbitrage, previous
55 appropriations from authorized General Obligation bonds totaling $1,060,445 are herby reduced and replaced with
56 interest earned through the Virginia State Non-Arbitrage Program (SNAP).
57
58 Section 9. Additional appropriations,the addition of capital projects,and changes in project scope shall not be initiated
59 except with the consent and approval of the City Council first being obtained. An appropriation for a project in the Capital
60 Improvement Program shall continue in force and,to the extent required by law,re-appropriated for use in Fiscal Year 202-23-
61 234 until the purpose for which it was made has been accomplished or abandoned.
62
63 Section 10. All contracts awarded for approved and appropriated capital projects, exclusive of school projects, must
64 be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract.
65
66 Section 11.Subject to any applicable restriction of law or of any bonds or bond issue,the City Manager or the Director
67 of Budget and Management Services is authorized to approve transfers of appropriations in an amount up to $100,000
68 $250,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to
69 the City Council of all transfers between $25,000 and $100,000$250,000. The City Manager or the Director of Budget and
70 Management Services is hereby authorized to establish and administer the budgeting of capital projects consistent with best
71 management practices, reporting requirements and the Capital Improvement Program adopted by the City Council.
72
73 Section 12. To ensure timely completion of water and sewer projects,appropriations for water and sewer companion
74 projects may be transferred between these projects by the City Manager (or designee). "Companion projects" mean water
75 and sewer projects having the same name or project scope and description with the exception of"water" or "sewer" being
76 in the title and/or project scope and description.
77
78 Section 13. To ensure timely completion of Flood Protection projects, appropriations for companion projects within
79 the same "master project" may be transferred by the City Manager or his designee. "Master Project" refers to any of the
80 seven umbrella projects as identified earlier within this document. These transfers will be reported to the Flood Protection
81 Citizen Oversight committee monthly.
82
83 Section 14.To ensure prompt construction contract execution and to mitigate the impacts of inflation on authorized
84 capital projects,transfers in excess of$100,000 may be made in FY 2022 23 between capital projects within the same capital
85 improvement section if such additional funding is immediately needed to issue a construction contract.These transfers will be
86 reported to City Council monthly. To the extent practicable, any such transfer should not materially jeopardize the schedule
87 of the project from which the funds are transferred.
88
89 Section 15. Notwithstanding other outlined budgetary controls,the City Manager or his designee, is hereby
90 authorized to transfer up to$12,000,000$3,900,000 between from 100146 "Atlantic Park Entertainment Venue"and 100606
91 "Atlantic Park Offsite Infrastructure"to 100147 "Atlantic Park Parking" based on the guidance provided in the May 2, 2023
92 Reconciliation Letter. For purposes of adding certain project enhancements,the City Manager may increase the contract for
93 the parking facilities in 100147 above the$30,000 per space cap in the Atlantic Park Development Agreement. Within 30 days
94 after any Prior to such a-transfer or authorization above the parking space cap,the City Manager will provide a report to City
95 Council expressing the intent, reasoning, and amount of the transfer.
96
97 Section 16. The City Manager or the Director of Budget and Management Services is hereby authorized to change,
98 subject to any applicable restriction of law or of any bonds or bond issue,the financing sources for the various capital projects
99 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or
100 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of Budget
101 and Management Services is authorized to reduce,subject to any applicable restriction of law or of any bonds or bond issue,
102 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of
103 any reductions to total appropriations exceeding $100,000 $250,000. The notice to City Council shall identify the basis and
104 amount of the appropriation reduction and the capital projects affected.The accounting records of the City will be maintained
105 in a manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects
106 funds.
107
108 Section 17. The Capital Improvement Program debt management policies contained and included in the Resource
109 Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report on the
110 status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines,such
111 information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to
112 those policies and guidelines through the Resource Management Plan.
113
114 Section 18. Subject to the appropriation of sufficient funds within a capital project, the acquisition of real property
115 necessary for the project is authorized by means of voluntary negotiation with willing sellers.
116
117 Section 19. Attachment B of this Ordinance includes $84,765,779 of funding using Public Facility Revenue Bonds
118 ("PFRB Financing"). "Attachment i D— Projects Utilizing Public Facility Revenue Bonds," attached hereto and incorporated,
119 provides a list of projects that include PFRB Funding and the amount of PFRB Funding for Fiscal Year 20223-234. Without
120 changing the amount of total PFRB Funding authorized by this Ordinance, the Director of Finance is authorized to adjust the
121 allocations and/or amounts among the projects to ensure that the tax-exempt status for any resulting bonds is retained.
122
123 Section 20.Violation of this ordinance shall result in the City Manager taking disciplinary action against the person or
124 persons responsible for the capital project in which the violation occurred.
125
126 Section 21. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision
127 shall not affect the validity of the remaining portions of this ordinance.
128
129 Section 22. This ordinance shall be in effect from the date of its adoption; however,appropriations for the Fiscal Year
130 20223-234 Capital Budget shall be effective on July 1, 20223.
131
132 Requires an affirmative vote of the majority of the members of City Council
133
134 Adopted by the Council of the City of Virginia Beach,Virginia, on the9 t h day of May, 2023.
135
APPROVED AS TO CONTENT: APP D AS TO LEGAL SUFFICIENCY:
Ogrwm/
E// i i
7 'L4kAJ-
udget and Management Services it s f e
Attachment A-Capital Budget Appropriations
Project Number Projects Appropriations
FY24
Buildings and Assets
PG100047 Facilities Access Systems 425,000
PG100138 Convention Center Capital Maintenance 803,000
PG100165 Energy Performance Enhancements(City) II 550,000
PG100170 Facilities Planning Services 250,000
PG100175 Fire Apparatus IV 2,265,975
PG100176 Fire Facility Rehabilitation and Renewal III 1,000,000
PG100178 Fire Training Center Improvements IV 300,000
PG100203 Heritage Building Maintenance II 300,000
PG100225 Judicial Center Maintenance 70,000
PG100260 Beach Maintenance Facility 2,866,529
PG100325 Public Safety Equipment Replacement Project 1,450,000
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 3,950,000
PG100463 Virginia Aquarium Renewal and Replacement III 600,000
PG100536 Creeds Training Center Renovations 1,500,000
PG100616 MOCA Building Rehabilitation 1,000,000
PG100651 Court Modernization Study 350,000
PG100653 Housing Resource Center Renovation 3,329,460
PG100655 Law Enforcement Training Academy Replacement 350,000
Total Buildings and Assets Projects 25,294,504
Coastal
PG100038 Beach Replenishment II 5,100,000
PG100142 Croatan Beach Restoration 78,000
PG100258 Lynnhaven Inlet Maintenance Dredging II 375,000
PG100274 Neighborhood Dredging Spur Channels 593,981
PG100334 Replacement for Rudee Inlet Dredge 206,000
PG100344 Rudee Inlet Federal Dredging II 600,000
PG100345 Rudee Inlet Outer Channel Maintenance Dredging II 650,000
PG100349 Sandbridge Beach Access Improvements II 400,000
PG100450 Various Minor Dredging Projects II 500,000
PG100510 Sandbridge Beach Restoration IV 4,276,341
PG100550 Shadowlawn Area Dredging II 209,000
PG100552 Western Branch Lynnhaven River Maintenance Dredging II 3,714,040
PG100560 Harbour Point Neighborhood Dredging II 108,000
Total Coastal Projects 16,810,362
Economic and Tourism Development
PG100048 Burton Station Road Improvements III 9,000,000
PG100146 Atlantic Park Entertainment Venue 6,360,614
PG100157 Economic Development Investment Program II 1,659,582
PG100456 Virginia Beach Amphitheater Capital Maintenance 200,000
PG100262 Lynnhaven Parkway Corridor Improvements 1,150,000
PG100283 Oceanfront Capital Projects Reinvestment 600,000
PG100285 Oceanfront Parking Facilities Capital Maintenance/Development II 500,000
PG100286 Oceanfront Restrooms 500,000
PG100300 Atlantic Avenue Street Improvements 11,000,000
PG100399 Strategic Development Projects 250,000
PG100420 Town Center Garage and Plaza Capital Maintenance II 352,726
PG100421 Town Center Reinvestment 150,000
PG100489 Winston Salem Avenue Improvements 5,000,000
PG100576 VA Beach Innovation Park Infrastructure II 12,659,000
PG100577 Strategic Site Acquisition and Disposition 1,000,000
PG100606 Atlantic Park Offsite Infastructure 6,218,286
PG100629 Sports Tourism Infrastructure 4,971,100
PG100630 17th Street Regional Stormwater Management Facility 2,770,000
PG100635 Corporate Landing Business Park Infrastructure 5,000,000
Total Economic and Tourism Development Projects 69,341,308
Information Technology
PG100074 21st Century Enterprise Resource Planning(HCM) 2,301,100
PG100076 Accela Sustainment 705,000
PG100084 City Software Upgrade/Replacement Plan 4,360,000
PG100087 Communications Infrastructure Replacement III 626,801
PG100094 CIT-Enterprise Customer Relationship Management System 613,560
PG100103 IT Service Continuity II 1,020,458
PG100105 Maintain and Secure Corporate Data 2,983,063
PG100106 Next Generation Network 250,000
PG100107 Network Infastructure Replacement III 4,525,796
PG100118 Telecommunications Replacement II 1,270,000
PG100541 Enterprise Electronic Content&Records Mgmt(ECRM)Solution 250,000
PG100570 ECCS Back-Up Site Phase II 2,557,200
PG100572 HR/Finance System Sustainment 3,050,697
PG100574 Courts Technology Sustainment 250,000
PG100618 Revenue Management System Sustainment 250,000
PG100645 EOC Modernization 1,482,900
PG100656 Sheriff's Body Worn Cameras 1,172,606
PG100657 MyRevenue System Migration 1,123,200
PG100658 Treasurer's E-Billing 414,000
PG100665 Employee Engagement Tool 75,000
Total Information Technology Projects 29,281,381
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 1,000,000
PG100127 Community Recreation Centers Repairs and Renovations III 2,000,000
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
PG100299 Park Playground Renovations III 727,932
PG100320 Parks and Special Use Facilities Development/Reno III 1,917,526
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
PG100641 Open Space Acquisition IV 2,500,000
PG100644 Virginia Beach Trail 750,000
PG100632 Park Infrastructure Replacement& Underdeveloped Park Improvements 4,380,000
PG100663 Little Island Park Pier Repairs 1,200,000
Total Parks and Recreation Projects 16,503,593
Roadways
PG100050 Bus Stop Infrastructure and Accessibility Improvements 250,000
PG100057 Centerville Turnpike Phase II 19,320,596
PG100058 Centerville Turnpike Phase III 5,674,751
PG100123 Cleveland Street Improvements IV 3,637,067
PG100159 Elbow Road Extended Phase II-C 3,000,000
PG100160 Elbow Road Extended Phase II-D 287,723
PG100192 General Booth Boulevard/Camp Pendleton Intersection Improvements 1,830,500
PG100213 Indian River Road Phase VII-B 3,934,818
PG100217 Indian River Road Phase VII-A 5,849,290
PG100235 Landstown Road Improvements Phase I 180,400
PG100239 Laskin Road Phase I-B 2,000,000
PG100268 Major Bridge Rehabilitation II 1,460,000
PG100278 Nimmo Parkway VII-B 3,000,000
PG100301 Parliament Drive Sidewalk Phase II 1,029,571
PG100340 Rosemont Road Phase V 858,429
PG100347 Rural Road Improvements II 250,000
PG100348 Rural Road Recurring Flooding,SLR&Resiliency 500,000
PG100381 Shore Drive Corridor Improvements Phase III 665,575
PG100401 Street Reconstruction II 2,150,000
PG100422 Traffic Calming 250,000
PG100423 Traffic Safety Improvements IV 2,359,928
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 740,614
PG100529 Elbow Road Extended Phase II-B 5,865,763
PG100537 Dam Neck Road/Holland Road Intersection Improvements 1,760,000
PG100542 General Booth Boulevard/Oceana Boulevard Intersection Improvements 2,050,277
PG100555 Parliament Dr.Sidewalk Phase I 1,020,801
PG100633 Atlantic Avenue Pedestrian Improvements 1,134,200
PG100634 Construction Engineering and Inspection (CEI) Program 3,500,000
PG100627 Relocation of 19th Street&Pacific Avenue Signal 106,000
PG100659 Indian River Road Bridge 1,000,000
PG100660 Indian River Road Safety Improvements 500,000
Total Roadways Projects 77,761,303
Sewer Utility
PG100302 Pembroke Meadows Neighborhoods Sanitary Sewer Rehabilitation 480,000
PG100327 Pump Station Program VI 10,595,000
PG100361 Sanitary Sewer System Revitalization Program III 6,000,000
PG100371 Sewer Pump Repairs and Replacements 850,000
PG100374 Sewer Tap Installation Program II 315,000
PG100448 Various HRSD Coordination 450,000
PG100452 - Various Roadway&Stormwater Coordination VI-Sewer 325,000
PG100519 Sanitary Sewer Force Main Rehabilitation I 3,140,000
PG100525 Landstown Yard Improvements IV 850,000
PG100526 Utilities Technology Support Program 200,000
PG100610 Aragona Village Sanitary Sewer System Improvements 280,000
Total Sewer Utility Projects 23,485,000
Storm Water
PG100032 Bayville Lake Water Quality Improvement Project 1,100,000
PG100043 BMP Maintenance Program Phase I 1,000,000
PG100053 Canal Management Phase I 500,000
PG100232 Lake Management II 3,807,611
PG100264 Lynnhaven River Watershed Water Quality Projects II 380,000
PG100287 Oceanfront Stormwater Facilities Maintenance 1,650,000
PG100314 Primary System Infrastructure Improvements II 1,520,000
PG100335 Residential Drainage Cost Participation Program II 50,000
PG100380 Cave-In Repair Program 2,396,950
PG100390 Southern Canal/Lead Ditch and Culvert Improvements 2,390,000
PG100395 StormWater Pump Station Modifications 1,250,000
PG100397 Storm Water Quality Enhancements II 1,400,000
PG100404 Surface Water Regulatory Compliance Program 1,700,000
PG100405 SW Infrastructure Rehabilitation& Improvements II 5,000,000
PG100465 Little Creek Watershed Water Quality Projects 200,000
PG100472 Water Quality Cost Participation Projects II 250,000
PG100515 Enhanced Neighborhood Rehabilitation-Phase I 1,216,349
PG100566 Chatham Hall Water Quality Improvement Project 1,701,750
PG100567 Kemps Lake Water Quality Improvement Project 7,260,000
PG100642 Providence Park Wet Pond Project 330,000
Total Storm Water Projects 35,102,660
Water Utility
PG100230 Lake Gaston Raw Water Transmission System Rehabilitation I 825,000
PG100238 Landstown Yard Improvements IV 850,000
PG100303 Pembroke Meadows Neighborhoods Water Rehabilitation 2,550,000
PG100432 Utilities Technology Support Program 200,000
PG100451 Various Roadway&Stormwater Coordination VI-Water 2,340,000
PG100470 Water Line Extension, Replacement& Rehab Program II 2,060,000
PG100471 Water Pump Repairs and Replacements 300,000
PG100478 Water Tap Installation Program II 525,000
PG100479 Water Transmission System Upgrade Program II 1,810,000
PG100562 Atlantic Avenue Water Meter Vault Replacements 1,700,000
PG100612 Green Garden Water System Improvements 3,100,000
Total Water Utility Projects 16,260,000
Flood Protection
PG100578 Stormwater Project Administration 1,000,000
PG100582 Stormwater Infrastructure Cost Participation 2,000,000
Total Flood Protection Projects 3,000,000
Schools
PG601001 Renovation and Replacement Energy Management/Sustainability 2,150,000
PG601002 Tennis Court Renovations-Phase II 200,000
PG601015 Princess Anne High School Replacement 23,300,000
PG601016 Energy Performance Contracts-Phase II 2,500,000
PG601017 Renovations and Replacements-Grounds III 1,900,000
PG601018 Renovations and Replacements-HVAC III 14,400,000
PG601019 Renovations and Replacements-Reroofing III 8,800,000
PG601020 Renovations and Replacements-Various Ill 5,600,000
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 2,000,000
PG601029 Bayside High School Replacement 1,500,000
Total Schools Projects 62,800,000
Total Capital Budget 375,640,111
Attachment B-Capital Budget Financing Sources
Financing Sources Capital Budget
Charter Bonds 66,098,668
Federal Contribution 30,898,434
Fund Balance-General Fund 41,054,274
Fund Balance-School Reserve Special Revenue Fund 11,000,000
Fund Balance-Parks and Recreation 1,000,000
General Appropriations 57,743,741
H RS D 115,000
Lease of Property 98,172
Miscellaneous Reimbursement 500,000
Public Facility Bonds 84,765,779
Retained Earnings-Storm Water Utility 2,000,000
Retained Earnings-Telecommunications 1,270,000
Retained Earnings-Water and Sewer Fund 5,000,000
Retained Earnings-Fuel Fund 860,000
Sale of Equipment 206,000
Sale of Property 1,009,000
State Contribution 13,853,683
Storm Water Utility Bonds 6,399,140
Storm Water Utility Fund 17,138,220
Water and Sewer Bonds 26,030,000
Water and Sewer Fund 8,600,000
Total Capital Budget 375,640,111
Attachment C-Transfers
Appropriations
Prior to
Project# FY 2023-24
Public Education
Transfer To:
601026 Lynnhaven Middle School Expansion(Achievable Dream) 400,000
Total Transfer To: $ 400,000
Transfer From:
601005 John B. Dey Elementary School 70,000
601007 Princess Anne Middle School Replacement 300,000
601021 Plaza Annex-Laskin Road Addition 30,000
Total Transfer From: $ 400,000
Roadways
Transfer To:
100057 Centerville Turnpike Phase II 3,000,000
100058 Centerville Turnpike Phase III 1,373,684
100160 Elbow Road Extended Phase II-D 841,128
100217 Indian River Road VII-A 3,800,000
100381 Shore Drive Corridor Improvements Phase III 6,067,089
100556 Sandbridge Road Sidewalk 247,390
100627 Relocation of 19th Street& Pacific Avenue Signal 158,180
Total Transfer To: $ 15,487,471
Transfer From:
100171 Ferrell Parkway 3,800,000
100278 Nimmo Parkway VII-A 3,000,000
100383 Shore Drive Corridor Improvements IV 8,281,901
100423 Traffic Safety Improvements IV 247,390
100425 Traffic Signal Rehabilitation II 158,180
Total Transfer From: $ 15,487,471
Parks and Recreation
Transfer To:
100559 Tree Oaks Elementary Multi-Use Path 195,028
100641 Open Space Acquisition 2,500,000
100190 Foxfire Trail Pedestrian Bridge 191,867
Total Transfer To: $ 2,886,895
Transfer From:
100289 Open Space Park Development Maintenance 2,500,000
100496 Woodstock Park HRSD Cost Contribution 195,028
100249 Little Island Parking Lot 191,867
Total Transfer From: $ 2,886,895
Attachment C-Transfers
Appropriations
Prior to
Project# FY 2023-24
Flood Protection
Transfer To:
100275 Central Resort District-21st and Baltic 400,000
100365 Sea Level Rise/Recurrent Flooding Analysis 75,000
100486 Windsor Woods Drainage 515,150
100487 Windsor Woods Pump Station 2,196,000
100600 Seatack Neighborhood Drainage 1,100,000
Total Transfer To: $ 4,286,150
Transfer From:
100022 Ashville Park Drainage 1,100,000
100061 Central Resort-24th Street Culvert 100,000
100062 Central Resort Drainage Improvements 300,000
100516 Bow Creek Stormwater Park 15,150
100551 Stormwater Green Infrastructure 75,000
100553 Windsor Woods-Thalia Creek/Lake Trashmore Imp. 1,853,500
100605 Windsor Wood Flood Barriers 842,500
Total Transfer From: $ 4,286,150
Stormwater
Transfer To:
100053 Canal Management $ 1,000,000
100353 Atlantic Ocean Watershed Water Quality $ 650,000
100662 Lakeview Drive Channel Improvements $ 2,000,000
100549 Roadside Ditch Program 3,821,750
Total Transfer To: $ 7,471,750
Transfer From:
100391 Southern Rivers Watershed $ 400,000
100397 Stormwater Quality Enhancements II $ 1,625,000
100567 Kemps Lake Water Quality $ 3,925,000
100566 Chatham Hall Water Quality 1,521,750
Total Transfer From: $ 7,471,750
Economic and Tourism Development
Transfer To:
100606 Atlantic Park Offsite 1,500,000
100048 Burton Station Road Improvements III 1,950,000
Total Transfer To: $ 3,450,000
Transfer From:
100148 Atlantic Park Streetscape 1,500,000
100049 Burton Station Road Improvements 1,950,000
Total Transfer From: $ 3,450,000
Attachment D-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
100165 Energy Performance Contracts II (100 General Fund) $ 550,000
100576 Virginia Beach Innovation Park Infastructure II (100 General Fund) $ 12,659,000
100262 Lynnhaven Parkway Corridor Improvements (100 General Fund) $ 1,150,000
100300 Atlantic Avenue Street Improvements (241 TIP Fund) $ 11,000,000
100629 Sports Tourism Infastructure (241 TIP Fund) $ 4,971,100
100146 Atlantic Park Entertainment Venue (241 TIP Fund) $ 6,360,614
100606 Atlantic Park Offsite Infrastructure (241 TIP Fund) $ 6,218,286
100630 17th Street Regional Stormwater Facility(241 TIP Fund) $ 2,770,000
100286 Oceanfront Restrooms (241 TIP Fund) $ 500,000
100635 Corporate Landing(100 General Fund) $ 3,850,000
100057 Centerville Turnpike Phase II (100 General Fund) $ 4,138,864
100058 Centerville Turnpike Phase III (100 General Fund) $ 5,674,751
100217 Indian River Road VII-A(100 General Fund) $ 5,849,290
100213 Indian River Road VII-B (100 General Fund) $ 1,573,874
$ 84,765,779
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.
16
ITEM—II.I.c.2
ORDINANCES
ITEM#74216
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
c. FY 2023-24 CAPITAL BUDGET
2. Ordinance to AUTHORIZE the issuance of General Obligation Public
Improvement Bonds in the maximum amount of $62,460,057 re various
public facilities and general improvements
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
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 $62,460,057 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$62,460,057, 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 a public hearing on the General Obligation Debt Authorization to provide
11 for public 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$62,460,057 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 $62,460,057 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
50 Adopted by the Council of the City of Virginia Beach,Virginia, on the 9 t h day of May, 2023.
51
52
Approved as to Content: Appr as to Legal Sufficiency:
@;ra.v.:44:71
udget and Management Services ty Attorney's Office
17
ITEM—II.1.c.3
ORDINANCES
ITEM#74217
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
c. FY2023-24 CAPITAL BUDGET
3. Ordinance to AUTHORIZE the issuance of Storm Water Utility System
Revenue Bonds in the maximum amount of$6,399,140
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
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$6,399,140
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 $6,399,140 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 a public hearing on the Stormwater Utility Debt Authorization 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$6,399,140
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 $6,399,140 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
Adoption requires the affirmative vote of a majority of all members of the City Council.
Adopted by the Council of the City of Virginia Beach,Virginia,on the 9 t hiay of May,2023
Approved as to Content: Approved as to Legal Sufficiency:
_4"..A.11/4EC:::ki:XICIAKKY
Budget and Management Services it torney's Office
18
ITEM—II.1.c.4
ORDINANCES
ITEM#74218
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
c. FY 2023-24 CAPITAL BUDGET
4. Ordinance to AUTHORIZE the issuance of Water and Sewer System Revenue
Bonds in the maximum amount of$26,030,000
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
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$26,030,000
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 $26,030,000 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 a public hearing on the Water and Sewer Revenue Bond Authorization to provide
10 for public 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$26,030,000
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 water and sewer utility system revenue bonds of the City in the maximum amount of
21 $26,030,000 to provide funds, together with other available funds, for financing the costs of improvements and expansions
22 to 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 water and sewer 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
Adoption requires the affirmative vote of a majority of all members of the City Council.
Adopted by the Council of the City of Virginia Beach,Virginia,on the 9 t h day of May,2023.
Approved as to Content: Approved as to Legal Sufficiency:
L,7/-
Budget and Management Services y Attorney's Office
19
ITEM—II.1.c.5
ORDINANCES
ITEM#74219
Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED
Ordinance re FY2023-24 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL:
c. FY 2023-24 CAPITAL BUDGET
5. Resolution AFFIRMING the City's commitment to fund the Locality Share of
Projects and PROVIDE Signature Authority for projects under agreement with
the Virginia Department of Transportation
Voting: 8-3
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Dr. Amelia N. Ross-Hammond,
N. D. "Rocky"Holcomb, Robert W. "Worth"Remick, Jennifer Rouse, Joashua
F. "Joash"Schulman and Vice Mayor Rosemary Wilson
Council Members Voting Nay:
Barbara M. Henley, Chris Taylor and Sabrina D. Wooten
Council Members Absent:
None
May 9, 2023
1 A RESOLUTION AFFIRMING THE CITY OF VIRGINIA BEACH'S
2 COMMITMENT TO FUND THE LOCALITY SHARE OF PROJECTS
3 AND PROVIDE SIGNATURE AUTHORITY FOR PROJECTS UNDER
4 AGREEMENT WITH THE VIRGINIA DEPARTMENT OF
5 TRANSPORTATION
6 WHEREAS,the City of Virginia Beach is a recipient of Virginia Department of Transportation funds under
7 various grant programs for transportation-related projects;and
8
9 WHEREAS, the Virginia Department of Transportation requires each locality, by resolution, to provide
10 assurance of its commitment to funding its local share;
11
12 NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT:
13
14 1. The City hereby commits to fund is local share of preliminary engineering,right-of-way,and construction,
15 as applicable, of the projects under agreement with the Virginia Department of Transportation in
16 accordance with the project financial documents through appropriation in its Operating Budget and
17 Capital Improvement Program.
18
19 2. The City Manager and/or his/her designees are authorized to execute all agreements and/or addendums
20 for any approved projects with the Virginia Department of Transportation subject to the requirements
21 set forth in City Code § 2-154 that such agreements include review as to sufficiency of funding by the
22 Director of Finance and as to legal sufficiency by the Office of the City Attorney.
23
24 Adopted by the Council of the City of Virginia Beach,Virginia, on the9 t hday of May, 2023.
25
Approved as to Content: Approved as to Legal Sufficiency:
Aim
' • ialt.1lreP —�
:udget and Management Services ity t orney's Office
20
ADJOURNMENT
ITEM#74220
Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSION ADJOURNED at
7:09 P.M.
Terri H. Chelius
Chief Deputy City Clerk
°(\f(1
anda Barnes, MMC Robert M. Dyer
City Clerk Mayor
May 9, 2023