Loading...
HomeMy WebLinkAboutMAY 14, 2024 SPECIAL FORMAL SESSION MINUTES 04 U M5 Gsg� �y�t 8 or OUR N1,01 ' VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 14, 2024 Mayor Robert M. Dyer called to order the CITY COUNCIL SPECIAL FORMAL SESSION in the City Council Chamber, City Hall, on Tuesday, May 14, 2024, at 6:00 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond,Robert W "Worth"Remick,Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 MAYOR'S CALL FOR SPECIAL FORMAL SESSION ITEM#75663 "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 14, 2024,at 6:00 P.M. City Council Chamber Building 1-2n°Floor 2401 Courthouse Drive The purpose of this SPECIAL FORMAL SESSION is to allow the City Council to consider adoption of the FY2024-2025 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 via WebEx during the meeting,please follow the two-step process provided below: 1. Register for the WebEx at: https:llvb.zov.webex.com/weblink/reggisterIr feb6cc4a94INKdffl3eal8bc a96 2. Register with the City Clerk's Office by calling(757) 385-4303 or via email at ABarnesAvbgov.com prior to 5:00 p.m. on Tuesday,May 14, 2024. This Special Formal Session will be broadcast on Cable TV, virginiabeach.gov and Facebook Live. Citizens are encouraged to submit their comments to the City Council prior to the Special Formal Session via email at CityCouncil(&vbgov.com. Sincerely, ��jKcJ Robert M. Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office May 14, 2024 3 ITEM—I1.1.a.1 ORDINANCES ITEM#756" The following registered to speak.- Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION of the proposed budget Elaine Fekete, 3012 Sand Bend Road, Phone: 435-6965, did not respond After City Council discussion, Vice Mayor Wilson made a motion, seconded by Council Member Ross- Hammond to ADOPT Ordinance to APPROPRIATE$3,616,233,616 consisting of$678,967,053 in inter;fund transfers, $297,883,829 for internal service funds,and$2,639,382,734 in operations for Fiscal Year beginning July 1, 2024 and ending June 30, 2025 Council Member Henley offered a friendly amendment to Item #5 in the Reconciliation Letter, as written in "Resolution in the Nature of an Amendment to the Reconciliation Letter", attached hereto and made apart of the record. Vice Mayor Wilson and Council Member Ross-Hammond accepted the friendly amendment. Council Member Wooten offered friendly amendments to Items #15 and#16 in the Reconciliation Letter, as written in "Resolution in the Nature of an Amendment to the Reconciliation Letter", attached hereto and made a part of the record. Vice Mayor Wilson and Council Member Ross-Hammond accepted the friendly amendments. Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance and attached Resolutions re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 1. Ordinance to APPROPRIATE $3,616,233,616 consisting of$678,967,053 in inter fund transfers, $297,883,829 for internal service funds, and $2,639,382,734 in operations for Fiscal Year beginning July 1, 2024 and ending June 30, 2025 Voting: 10-1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2024 AND ENDING JUNE 30, 2025 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, 2024, and ending June 30, 2025, 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 $3,616,233,616 consisting of $678,967,053 in inter-fund transfers, 11 $297,883,829 for internal service funds, and $2,639,382,734 in 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, 20234 and ending June 30, 20245 (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.S. 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, 20234 . 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 1,202344,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, 202344, 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$250,000 between any Appropriation Units included in this ordinance 71 through the accrual period.The City Manager shall make a monthly report to the City Council of all transfers between 72 $25,000 and $250,000. In addition, the City Manager may transfer, in amounts necessary, appropriations from all 73 Reserves for Contingencies except Reserve for Contingencies—Regular,within the intent of the Reserve as approved 74 by City Council. 75 76 Sec. 11. The City Manager or the Director of Budget and Management Services is hereby authorized to establish and 77 administer budgeting within Appropriation Units consistent with best management practices, reporting 78 requirements, and the programs and services adopted by the City Council. Consistent with best management 79 practices, the City utilizes a modified accrual system of accounting. Revenues are considered available when 80 collectible either during the current period or after the end of the current period, but in time to pay year-end 81 liabilities. Expenditures are recognized when a transaction or event is expected to draw upon current spendable 82 resources rather than future resources. In practical effect,the modified accrual system allows a window of 45 days 83 wherein the City may accrue back to the immediately preceding fiscal year revenues and expenditures. The City 84 Manager or the Director of Budget and Management Services is further authorized to establish administrative 85 directives to provide additional management oversight and control to ensure the integrity of the City's budget. 86 87 Sec.12. The City Manager or the Director of Budget and Management Services is hereby authorized to change the 88 Estimated Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support 89 of an Operating Appropriation Unit declines,the City Manager or the Director of Budget and Management Services 90 is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 91 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 92 appropriations exceeding $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. 102 theiF FY 2022i 234 103 ,' .The Department of 104 Economic Development is hereby authorized to pay an amount up to$100,000 from their FY 20234-245 Operating 105 Budget to the City of Virginia Beach Development Authority,for the purpose of implementing a District Improvement 106 Plan(DIP),also referred to as Facade Improvement Grants. 107 108 Sec.14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 109 bureaus,or agencies,to any of their officers and employees for expenses on account of the use by such officers and 110 employees of their personal automobiles in the discharge of their official duties shall follow the Internal Revenue 111 Service standard mileage rates used to calculate the deductible costs of operating an automobile for business, 112 charitable, medical or moving purposes. 113 114 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot 115 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any 116 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately 117 following the expenditure of funds under this provision,and as soon as the City Council can reasonably meet under 118 the existing circumstances,the City Manager shall notify the City Council of the reason for such action, how funds 119 were expended,and present to the City Council for adoption an emergency appropriations ordinance that sets forth 120 what measures are required to ensure that funds are forthwith restored to the appropriate accounts and that the 121 budget is balanced at the end of the fiscal year in which the emergency expenditures occurred. 122 123 An emergency is defined for the purposes of this provision as an event that could not have been reasonably foreseen 124 at the time of the adoption of the budget,and in which(i)an immediate threat to the public health,safety or welfare 125 is involved,such as clean-up after a hurricane,and/or(ii)immediate action is required to protect or preserve public 126 properties. 127 128 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according 129 to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; 130 number of miles traveled;method of travel;hotel expenses;meals;and incidental expenses.The Director of Finance 131 is specifically directed to withhold the issuance of checks in the event expense accounts are submitted for "lump- 132 sum"amounts. 133 134 Sec.17. A salary increase totaling approximately S3_5%on the pay date containing July 1,20234 is hereby provided 135 to both part-time and full-time City employees. Salary increases for full-time City sweFn employees on a step plan 136 are to receive a 30_5%general increase and a one 3°6 step increase (approximately 3%). Salary increases for non- 137 step plan City employees shall be provided through a 0.5% general increase and a 3% merit increase based on 138 midpoint of pay range,such merit increase is an increase of approximately 3%. 139 140 Sec.18.A salary increase totaling approximately 53_5%on the pay date containing July 1,20234 is hereby provided 141 to both part-time and full-time appointees within Constitutional Offices. Salary increases for full-time sweFA 142 appointees on a step plan are to receive a-20_5%general increase and a one 310A step increase(approximately 3%). 143 Salary increases for non-step plan appointees shall be provided through a 0.5% general increase and a 3% merit 144 increase based on midpoint of pay range,such merit increase is an increase of approximately 3%. 145 146 Sec. 19 A salary increase of S3_5% on the pay date containing July 1, 20234 is hereby provided for the five 147 Constitutional Officers. 148 149 Sec.20. The step or merit increase, as applicable, authorized by section 17 and section 18 of this ordinance is 150 contingent upon a satisfactory performance evaluation. 151 152 Sec. 21. Notwithstanding policy or administrative directive addressing bonus providing otherwise for employees 153 who are at or above the maximum of the pay range for their position classification with a meet expectations 154 performance feedback,a lump sum bonus equal to 3%of the midpoint for their position classification in lieu of the 155 merit increase or step increase. 156 157 Sec.2-12.An amount of up to$10,000,000 in attrition savings is hereby used to balance the Fiscal Year 2023-24 2024- 158 25 Operating Budget.To accomplish this purpose,the City Manager or his designee is hereby authorized to transfer 159 savings in salary or fringe benefit accounts among General Fund supported departments up to $10,000,000, 160 notwithstanding other budgetary controls outlined in this ordinance. Of this amount, $500,000 161 162 163 and Citizen SeFYiGes 911 TeIeGemmunicaWFs access to a team ef licensed mental health pFefessienals te 69OFdinate 164 sUPp^ T 165 166 Sec.223.To ensure proper allocation of health insurance,the City Manager is hereby authorized to transfer health 167 insurance between departments and funds,in any amount notwithstanding other budgetary controls outlined in the 168 ordinance up to the total amount budgeted for health insurance, to ensure health insurance cost align with actual 169 expenditure. 170 171 Sec. 234. In Fiscal Year 2923 24 2024-25, to further improve the effectiveness and efficiency of the government in 172 service delivery,the City Council hereby authorizes the City Manager to implement any organizational adjustments 173 not otherwise set out within this budget document that may be necessary to carry out the following initiatives: 174 a. The depaFtments thF9UghOUt the City to iFAPFeve existing techRel id applicatieRs and tee 175 . 176 177 F a. To provide additional staffing for emergency call takers within the Department of Emergency 178 Communications and Citizen Services 179 d-. b. To provide additional staffing for the Fire Department in the event the department fills all authorized 180 positions as included within the operating budget. 181 182 183 184 , 185 186 187 188 189 Sec. 25. Violation of this ordinance may result in disciplinary action by the City Manager against the person or 190 persons responsible for the management of the Appropriation Unit in which the violation occurred. 191 192 Sec.26.This ordinance shall be effective on July 1,20234. 193 194 Sec.27. If any part of this ordinance is for any reason declared to be unconstitutional or invalid,such decision shall 195 not affect the validity of the remaining parts of this ordinance. 196 197 Requires an affirmative vote by a majority of all of the members of City Council. 198 199 Adopted by the Council of the City of Virginia Beach,Virginia,on the 14 r hday of May,2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C�L udget and Management Services i ey's Office CA16440 R-1 March 6, 2024 City of Virginia Beach, Virginia FY 2024-25 Budget Ordinance Attachment A-Appropriations FY 2024-25 Adopted FD100 General Fund Agriculture 1,103,606 Board of Equalization 2,566 Budget and Management Services 1,585,196 Circuit Court 1,654,421 City Attorney 6,083,052 City Auditor 1,127,387 City Clerk 742,847 City Manager 3,834,150 City Real Estate Assessor 4,106,409 City Treasurer 8,454,552 Clerk of the Circuit Court 5,284,832 Commissioner of the Revenue 6,964,109 Commonwealth's Attorney 13,772,758 Communications Office 3,847,354 Community Organization Grants 750,000 Convention And Visitors Bureau 11,370,841 Cultural Affairs and Historic Houses 3,486,641 Debt Service 63,095,110 Economic Development 4,688,114 Emergency Communications and Citizen Services 12,887,357 Emergency Management 1,930,774 Emergency Medical Services 25,434,422 Employee Services 9,127,040 Finance 7,635,187 Fire 80,692,921 General District Court 491,097 Health Department 4,260,366 Housing And Neighborhood Preservation 8,515,877 Human Resources 8,822,509 Human Services 146,718,540 Independent Financial Services 194,674 Information Technology 25,500,746 Juvenile and Domestic Relations District Court 195,199 Juvenile Probation 1,416,434 Leases 3,780,869 Library 21,675,572 Magistrates 43,982 City Council 793,772 Office of Performance &Accountability 1,010,664 Parks And Recreation 42,360,279 Planning 15,971,597 Police 132,399,680 Public Works 111,696,505 Regional Participation 12,252,331 Reserve for Contingencies 14,613,524 Revenue Reimbursements 16,611,925 Transfer to Other Funds 600,439,577 Vehicle Replacements 6,000,000 Virginia Aquarium 16,842,171 Voter Registration and Elections 3,894,159 General Fund Appropriation Totals 1,476,163,695 FD115 School Operating Fund Debt Service 50,071,611 Public Education 932,339,895 Transfer to Other Funds 19,518,825 Reserve for Contingencies (218,208) School Operating Fund Appropriation Totals 1,001,712,123 FD150 Flood Protection Referendum Debt Service 11,897,266 Reserve for Contingencies 19,379,573 Transfer to Other Funds 1,000,000 Flood Protection Referendum Appropriation Totals 32,276,839 FD190 General Debt Fund Transfer to Other Funds 2,442,859 General Debt Fund Appropriation Totals 2,442,859 FD201 Green Run Collegiate Charter School Operating Fund Public Education 4,873,251 Green Run Collegiate Charter School Operating Fund Appropriation Totals 4,873,251 FD203 School Instructional Technology Special Revenue Fund Public Education 1,000,000 School Instructional Technology Special Revenue Fund Appropriation Totals 1,000,000 FD204 School Athletics Special Revenue Fund Public Education 6,367,588 School Athletics Special Revenue Fund Appropriation Totals 6,367,588 FD210 School Equipment Replacement Special Revenue Fund Public Education 400,000 School Equipment Replacement Special Revenue Fund Appropriation Totals 400,000 FD211 School Vending Operations Special Revenue Fund Public Education 150,000 School Vending Operations Special Revenue Fund Appropriation Totals 150,000 FD212 School Communication Tower Technology Special Revenue Fund Public Education 1,000,000 School Communication Tower Technology Special Revenue Fund Appropriation Totals 1,000,000 FD213 School Cafeterias Special Revenue Fund Public Education 48,664,697 School Cafeterias Special Revenue Fund Appropriation Totals 48,664,697 FD214 School Grants Special Revenue Fund Public Education 136,146,902 School Grants Special Revenue Fund Appropriation Totals 136,146,902 FD215 School Textbooks Special Revenue Fund Public Education 8,348,681 School Textbooks Special Revenue Fund Appropriation Totals 8,348,681 FD221 Agriculture Reserve Program Special Revenue Fund Agriculture 259,355 Debt Service 7,621,510 Reserve for Contingencies 188,108 Transfer to Other Funds 1,490,000 Agriculture Reserve Program Special Revenue Fund Appropriation Totals 9,558,973 FD222 Law Library Special Revenue Fund Library 233,300 Law Library Special Revenue Fund Appropriation Totals 233,300 FD223 Open Space and Parks Special Revenue Fund Debt Service 1,215,517 Parks And Recreation 578,613 Reserve for Contingencies 2,987,324 Transfer to Other Funds 3,000,000 Open Space and Parks Special Revenue Fund Appropriation Totals 7,781,454 FD224 Parks And Recreation Special Revenue Fund Debt Service 3,605,976 Parks And Recreation 24,106,774 Public Works 4,097,986 Reserve for Contingencies 1,131,854 Transfer to Other Funds 1,574,500 Parks And Recreation Special Revenue Fund Appropriation Totals 34,517,090 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 FD231 Police Forfeited Assets Special Revenue Fund Police 100,000 Police Forfeited Assets Special Revenue Fund Appropriation Totals 100,000 FD233 Sheriff's Office Special Revenue Fund Sheriff and Corrections 69,284,920 Transfer to Other Funds 11,600 Sheriff's Office Special Revenue Fund Appropriation Totals 69,296,520 FD240 Tourism Advertising Program Special Revenue Fund Convention And Visitors Bureau 17,593,814 Reserve for Contingencies 47,206 Transfer to Other Funds 557,083 Tourism Advertising Program Special Revenue Fund Appropriation Totals 18,198,103 FD241 Tourism Investment Program Special Revenue Fund Convention And Visitors Bureau 12,686,667 Cultural Affairs and Historic Houses 520,500 Debt Service 27,860,574 Emergency Medical Services 1,073,772 Parks And Recreation 1,215,004 Public Works 4,859,543 Regional Participation 1,415,384 Reserve for Contingencies 4,033,511 Transfer to Other Funds 2,465,170 Tourism Investment Program Special Revenue Fund Appropriation Totals 56,130,125 FD250 Central Business District South Tax Increment Financing Fund Debt Service 4,122,207 Reserve for Contingencies 6,708,709 Transfer to Other Funds 150,000 Central Business District South Tax Increment Financing Fund Appropriation Totals 10,980,916 FD251 Town Center Special Service District Fund Economic Development 3,087,050 Parks And Recreation 133,550 Transfer to Other Funds 645,976 Town Center Special Service District Fund Appropriation Totals 3,866,576 FD252 Sandbridge Special Service District Fund Public Works 901,369 Reserve for Contingencies 286,711 Transfer to Other Funds 4,676,341 Sandbridge Special Service District Fund Appropriation Totals 5,864,421 FD260 Federal Section 8 Program Special Revenue Fund Housing And Neighborhood Preservation 28,460,354 Reserve for Contingencies 67,211 Federal Section 8 Program Special Revenue Fund Appropriation Totals 28,527,565 FD261 State Rental Assistance Program Special Revenue Fund Housing And Neighborhood Preservation 1,456,382 Reserve for Contingencies 1,308 State Rental Assistance Program Special Revenue Fund Appropriation Totals 1,457,690 FD270 Consolidated Grants Special Revenue Fund Commonwealth's Attorney 530,130 Emergency Communications and Citizen Services 8,000 Emergency Management 102,914 Emergency Medical Services 395,000 Fire 2,583,414 Housing And Neighborhood Preservation 3,279,975 Human Services 4,015,190 Public Works 20,000 Reserve for Contingencies 4,299 Transfer to Other Funds 300,000 Consolidated Grants Special Revenue Fund Appropriation Totals 11,238,922 FD271 Emergency FEMA Grant Special Revenue Fund Fire 500,000 Emergency FEMA Grant Special Revenue Fund Appropriation Totals 500,000 FD272 Federal Housing Assistance Grant Special Revenue Fund Housing And Neighborhood Preservation 1,246,745 Reserve for Contingencies 2,405 Federal Housing Assistance Grant Special Revenue Fund Appropriation Totals 1,249,150 FD273 Community Development Grant Special Revenue Fund Housing And Neighborhood Preservation 3,664,778 Reserve for Contingencies 55,304 Community Development Grant Special Revenue Fund Appropriation Totals 3,720,082 FD310 Old Donation Creek Dredging Special Service District Fund Reserve for Contingencies 83,449 Transfer to Other Funds 107,594 Old Donation Creek Dredging Special Service District Fund Appropriation Totals 191,043 FD311 Bayville Creek Dredging Special Service District Fund Reserve for Contingencies 20,861 Transfer to Other Funds 66,549 Bayville Creek Dredging Special Service District Fund Appropriation Totals 87,410 FD312 Shadowlawn Dredging Special Service District Fund Reserve for Contingencies 45,055 Shadowlawn Dredging Special Service District Fund Appropriation Totals 45,055 FD313 Chesopeian Colony Dredging Special Service District Fund Reserve for Contingencies 257,189 Chesopeian Colony Dredging Special Service District Fund Appropriation Totals 257,189 FD314 Harbour Point Dredging Special Service District Fund Reserve for Contingencies 31,424 Transfer to Other Funds 55,939 Harbour Point Dredging Special Service District Fund Appropriation Totals 87,363 FD315 Gills Cove Dredging Special Service District Fund Reserve for Contingencies 45,937 Gills Cove Dredging Special Service District Fund Appropriation Totals 45,937 FD316 Hurds Cove Dredging Special Service District Fund Reserve for Contingencies 257,341 Hurds Cove Dredging Special Service District Fund Appropriation Totals 257,341 FD317 Schilling Point Dredging Special Service District Fund Reserve for Contingencies 66,766 Schilling Point Dredging Special Service District Fund Appropriation Totals 66,766 FD510 Water And Sewer Enterprise Fund Debt Service 18,990,644 Public Utilities 109,001,010 Reserve for Contingencies 4,194,362 Transfer to Other Funds 17,357,647 Water And Sewer Enterprise Fund Appropriation Totals 149,543,663 FD520 Storm Water Utility Enterprise Fund Debt Service 12,127,631 Public Works 16,905,885 Reserve for Contingencies 600,263 Transfer to Other Funds 19,642,419 Storm Water Utility Enterprise Fund Appropriation Totals 49,276,198 FD530 Waste Management Enterprise Fund Public Works 48,314,356 Reserve for Contingencies 503,969 Transfer to Other Funds 2,623,434 Waste Management Enterprise Fund Appropriation Totals 51,441,759 FD540 Parking Enterprise Fund Public Works 5,461,951 Debt Service 652,281 Reserve for Contingencies 14,530 Transfer to Other Funds 841,540 Parking Enterprise Fund Appropriation Totals 6,970,302 FD600 City Garage Internal Service Fund Public Works 19,856,632 Reserve for Contingencies 331,667 City Garage Internal Service Fund Appropriation Totals 20,188,299 FD601 Fuels Internal Service Fund Public Works 8,943,150 Fuels Internal Service Fund Appropriation Totals 8,943,150 FD602 Risk Management Internal Service Fund Finance 20,977,597 Reserve for Contingencies 6,142 Risk Management Internal Service Fund Appropriation Totals 20,983,739 FD603 Landscaping Internal Service Fund Parks And Recreation 5,289,762 Reserve for Contingencies 154,298 Landscaping Internal Service Fund Appropriation Totals 5,444,060 FD605 Telecommunications Internal Service Fund Information Technology 3,265,526 Reserve for Contingencies 28,003 Telecommunications Internal Service Fund Appropriation Totals 3,293,529 FD606 Information Technology ISF Information Technology 22,681,788 Reserve for Contingencies 50,232 Information Technology ISF Appropriation Totals 22,732,020 FD650 School Risk Management Internal Service Fund Public Education 15,379,958 School Risk Management Internal Service Fund Appropriation Totals 15,379,958 FD651 School Flexible Benefits Forfeiture Internal Service Fund Public Education 100,000 School Flexible Benefits Forfeiture Internal Service Fund Appropriation Totals 100,000 FD652 School Health Insurance Internal Service Fund Public Education 200,819,074 School Health Insurance Internal Service Fund Appropriation Totals 200,819,074 FD801 City Beautification Fund Parks And Recreation 100,000 City Beautification Fund Appropriation Totals 100,000 FD811 Mayor's Committee Trust Fund Non-Departmental 1,248 Mayor's Committee Trust Fund Appropriation Totals 1,248 FD814 Parks And Recreation Gift Fund Parks And Recreation 84,000 Parks And Recreation Gift Fund Appropriation Totals 84,000 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 FD822 Tree Mitigation Parks And Recreation 394,890 Tree Mitigation Appropriation Totals 394,890 FD400 General Government Capital Projects Fund Pay-As-You-Go Capital Projects 45,952,043 General Government Capital Projects Fund Appropriation Totals 45,952,043 FD410 Water and Sewer Capital Projects Fund Pay-As-You-Go Capital Projects 8,000,000 Water and Sewer Capital Projects Fund Appropriation Totals 8,000,000 FD420 Stormwater Capital Projects Fund Pay-As-You-Go Capital Projects 18,521,348 Stormwater Capital Projects Fund Appropriation Totals 18,521,348 FD430 Flood Protection Capital Proiects Fund Pay-As-You-Go Capital Projects 1,000,000 Flood Protection Capital Projects Fund Appropriation Totals 1,000,000 FD480 Schools Capital Proiects Fund Pay-As-You-Go Capital Projects 3,000,000 Schools Capital Projects Fund Appropriation Totals 3,000,000 Total Appropriations 3,616,233,616 Less Internal Services Funds 297,883 829 Less Interfund Transfers 678,967,053 Net Budget Appropriations 2,639,382,734 City of Virginia Beach, Virginia FY 2024-25 Budget Ordinance Attachment B- Revenues FY 2024-25 Adopted FD100 General Fund Charges for Services 54,694 930 Utility Taxes 42,327,354 Permits, Fees,and Regulatory Licenses 9,720,511 Fines and Forfeitures 1,351,833 Miscellaneous Revenue 8,362,741 Personal Property 206,725,457 General Sales Tax 93,281,986 Hotel Room Tax 11,477,696 Business License 62,625,915 Real Estate 700,281,996 Cigarette Tax 6,993,331 Amusement Tax 1,613,524 Other Taxes 13,355,795 From the Use of Money and Property 13,340,575 Automobile License 10,639,555 Restaurant Meal Tax 62,047,929 Revenue from the Commonwealth 134,778,105 Specific Fund Reserves 3,564 946 Transfer In 13,487,242 Revenue from the Federal Government 25,492,274 FD100 Revenue Total 1,476,163,695 FD115 School Operating Fund Miscellaneous Revenue 4,457,538 Revenue from the Commonwealth 455,947,171 Transfer In 526,563,307 Revenue from the Federal Government 14,744,107 FD115 Revenue Total 1,001,712,123 FD350 Flood Protection Referendum Real Estate 32,276,839 FD150 Revenue Total 32,276,839 FD190 General Debt Fund Specific Fund Reserves 2,442,859 FD190 Revenue Total 2,442,859 FD201 Green Run Collegiate Charter School Operating Fund Transfer In 4,873,251 FD201 Revenue Total 4,873,251 FD203 School Instructional Technology Special Revenue Fund Specific Fund Reserves 1,000,000 FD203 Revenue Total 1,000,000 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 5,808,588 FD204 Revenue Total 6,367,588 FD210 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 400,000 FD210 Revenue Total 400,000 FD211 School Vending Operations Special Revenue Fund Charges for Services 144,000 Specific Fund Reserves 6,000 FD211 Revenue Total 150,000 FD212 School Communication Tower Technology Special Revenue Fund From the Use of Money and Property 628,000 Specific Fund Reserves 372,000 FD212 Revenue Total 1,000,000 FD213 School Cafeterias Special Revenue Fund Charges for Services 13,850,890 Revenue from the Commonwealth 655,000 Specific Fund Reserves 4,690,773 Revenue from the Federal Government 29,468,034 FD213 Revenue Total 48,664,697 FD214 School Grants Special Revenue Fund Miscellaneous Revenue 15,496,630 Revenue from the Commonwealth 40,460,106 Transfer In 5,836,986 Revenue from the Federal Government 74,353,180 FD214 Revenue Total 136,146,902 FD215 School Textbooks Special Revenue Fund Miscellaneous Revenue 60,225 Revenue from the Commonwealth 5,881,957 Specific Fund Reserves 2,406,499 FD215 Revenue Total 8,348,681 FD221 Agriculture Reserve Program Special Revenue Fund Real Estate 7,085,160 From the Use of Money and Property 30,954 Transfer In 2,442,859 FD221 Revenue Total 9,558,973 FD222 Law Library Special Revenue Fund Charges for Services 169,305 From the Use of Money and Property 6,293 Transfer In 57,702 FD222 Revenue Total 233,300 FD223 Open Space and Parks Special Revenue Fund Restaurant Meal Tax 7,781,454 FD223 Revenue Total 7,781,454 FD224 Parks And Recreation Special Revenue Fund Charges for Services 6,882 151 Real Estate 27,293,610 From the Use of Money and Property 341,329 FD224 Revenue Total 34,517,090 FD230 Commonwealth's Attorney Forfeited Assets Special Revenue Fund Specific Fund Reserves 100,000 FD230 Revenue Total 100,000 FD231 Police Forfeited Assets Special Revenue Fund Revenue from the Commonwealth 100,000 FD231 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 24,903,116 Transfer In 39,245,796 Revenue from the Federal Government 150,000 FD233 Revenue Total 69,296,520 FD240 Tourism Advertising Program Special Revenue Fund Charges for Services 4,000 Hotel Room Tax 8,384,307 From the Use of Money and Property 49,100 Restaurant Meal Tax 8,842,561 Specific Fund Reserves 918,135 FD240 Revenue Total 18,198,103 FD241 Tourism Investment Program Special Revenue Fund Permits,Fees,and Regulatory Licenses 1,778 Hotel Room Tax 27,137,471 Cigarette Tax 499,524 Amusement Tax 6,454,098 From the Use of Money and Property 891,250 Restaurant Meal Tax 18,746,230 Specific Fund Reserves 2,399,774 FD241 Revenue Total 56,130,125 FD250 Central Business District South Tax Increment Financing Fund Hotel Room Tax 500,000 Real Estate 10,478,916 From the Use of Money and Property 2,000 FD250 Revenue Total 10,980,916 FD251 Town Center Special Service District Fund Charges for Services 194,300 Real Estate 2,605,529 From the Use of Money and Property 365,500 Specific Fund Reserves 551,247 Transfer In 150,000 FD251 Revenue Total 3,866,576 FD252 Sandbridge Special Service District Fund Hotel Room Tax 5,666,369 Real Estate 195,035 From the Use of Money and Property 3,017 FD252 Revenue Total 5,864,421 FD260 Federal Section 8 Program Special Revenue Fund Charges for Services 2,455,000 Specific Fund Reserves 205,720 Transfer In 76,000 Revenue from the Federal Government 25,790,845 FD260 Revenue Total 28,527,565 FD261 State Rental Assistance Program Special Revenue Fund Revenue from the Commonwealth 1,457,690 FD261 Revenue Total 1,457,690 FD270 Consolidated Grants Special Revenue Fund Charges for Services 503,085 Revenue from the Commonwealth 5,048,963 Transfer In 1,078,784 Revenue from the Federal Government 4,608,090 FD270 Revenue Total 11,238,922 FD271 Emergency FEMA Grant Special Revenue Fund Revenue from the Federal Government 500,000 FD271 Revenue Total 500,000 FD272 Federal Housing Assistance Grant Special Revenue Fund Other Financing Sources 75,000 Revenue from the Federal Government 1,174,150 FD272 Revenue Total 1,249,150 FD273 Community Development Grant Special Revenue Fund Transfer In 435,513 Other Financing Sources 75,000 Revenue from the Federal Government 3,209,569 FD273 Revenue Total 3,720,082 FD310 Old Donation Creek Dredging Special Service District Fund Real Estate 87,410 Specific Fund Reserves 103,633 FD310 Revenue Total 191,043 FD311 Bayville Creek Dredging Special Service District Fund Real Estate 87,410 FD311 Revenue Total 87,410 FD312 Shadowlawn Dredging Special Service District Fund Real Estate 45,055 FD312 Revenue Total 45,055 FD313 Chesopeian Colony Dredging Special Service District Fund Real Estate 257,189 FD313 Revenue Total 257,189 FD314 Harbour Point Dredging Special Service District Fund Real Estate 32,233 Specific Fund Reserves 55,130 FD314 Revenue Total 87,363 FD315 Gills Cove Dredging Special Service District Fund Real Estate 45,937 FD315 Revenue Total 45,937 FD316 Hurds Cove Dredging Special Service District Fund Real Estate 257,341 FD316 Revenue Total 257,341 FD317 Schilling Point Dredging Special Service District Fund Real Estate 66,766 FD317 Revenue Total 66,766 FD510 Water And Sewer Enterprise Fund Charges for Services 142,159,775 Permits, Fees,and Regulatory Licenses 5,430 Miscellaneous Revenue 201,471 From the Use of Money and Property 2,051,445 Transfer In 2,365,634 Other Financing Sources 2,759,908 FD510 Revenue Total 149,543,663 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 Specific Fund Reserves 2,752,988 FD520 Revenue Total 49,276,198 FD530 Waste Management Enterprise Fund Charges for Services 46,456,207 Permits, Fees,and Regulatory Licenses 125,000 Miscellaneous Revenue 800,000 From the Use of Money and Property 275,000 Revenue from the Commonwealth 40,000 Specific Fund Reserves 3,745,552 FD530 Revenue Total 51,441,759 FD540 Parking Enterprise Fund Charges for Services 5,625,000 Permits, Fees,and Regulatory Licenses 107,000 Fines and Forfeitures 500,000 From the Use of Money and Property 80,000 Specific Fund Reserves 586,302 Transfer In 72,000 FD540 Revenue Total 6,970,302 FD600 City Garage Internal Service Fund Charges for Services 19,996,564 Miscellaneous Revenue 109,000 From the Use of Money and Property 82,735 FD600 Revenue Total 20,188,299 FD601 Fuels Internal Service Fund Charges for Services 8,888,150 From the Use of Money and Property 55,000 FD601 Revenue Total 8,943,150 FD602 Risk Management Internal Service Fund Charges for Services 18,757,799 From the Use of Money and Property 248,259 Specific Fund Reserves 1,977,681 FD602 Revenue Total 20,983,739 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 3,276,898 From the Use of Money and Property 15,000 Specific Fund Reserves 1,631 FD605 Revenue Total 3,293,529 FD606 Information Technology ISF Charges for Services 22,732,020 FD606 Revenue Total 22,732,020 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 100,000 FD651 Revenue Total 100,000 FD652 School Health Insurance Internal Service Fund Charges for Services 180,819,074 Specific Fund Reserves 20,000,000 FD652 Revenue Total 200,819,074 FD801 City Beautification Fund Charges for Services 100,000 FD801 Revenue Total 100,000 FD811 Mayor's Committee Trust Fund Specific Fund Reserves 1,248 FD811 Revenue Total 1,248 FD814 Parks And Recreation Gift Fund Miscellaneous Revenue 84,000 FD814 Revenue Total 84,000 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 FD822 Tree Mitigation Charges for Services 394,890 FD822 Revenue Total 394,890 FD400 General Government Capital Projects Fund Transfer In 45,952,043 FD400 Revenue Total 45,952,043 FD410 Water and Sewer Capital Projects Fund Transfer In 8,000,000 FD410 Revenue Total 8,000,000 FD420 Stormwater Capital Projects Fund Transfer In 18,521,348 FD420 Revenue Total 18,521,348 FD430 Flood Protection Capital Proiects Fund Transfer In 1,000,000 FD430 Revenue Total 1,000,000 FD480 Schools Capital Projects Fund Transfer In 3,000,000 FD480 Revenue Total 3,000,000 Total Budgeted Revenues 3,616,233,616 Less Internal Service Funds 297,883,829 Less Interfund Transfers 678,967,053 NET BUDGET REVENUES 2,639,382,734 REQUESTED BY COUNCILMEMBER HENLEY 1 A RESOLUTION IN THE NATURE OF AN AMENDMENT TO 2 THE RECONCILIATION LETTER 3 4 WHEREAS, the Mayor and Vice Mayor promulgated the FY2024-2025 Resource 5 Management Plan Reconciliation Letter on May 7, 2024 (the "Reconciliation Letter"),- 6 7 WHEREAS, Item #5 of the Reconciliation Letter states- 8 9 "The City Manager shall provide a report to the City Council using the Interfacility 10 Traffic Area (ITA) Master Plan as the guide that shall include a high-level 11 implementation plan and estimated costs to develop the ITA in terms of 12 recreational uses, to enhance the existing Princess Anne Commons recreational 13 area and to preserve the natural areas within the ITA." 14 15 WHEREAS, the Reconciliation Letter is an attachment to the Agenda Item before 16 the City Council for the vote on this May 14, 2024, and the Reconciliation provides 17 guidance included in the annual Operating Budget and Capital Improvement Plan; 18 19 WHEREAS, to provide for a more complete record of the purpose and intent of 20 Item #5 additional direction is necessary; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 This amendment to the Reconciliation Letter, Item #5, shall add the following: 26 27 "The City Manager shall provide a report to City Council by October 1, 2024, using 28 the Interfacility Traffic Area and Vicinity Master Plan as the guide, that shall include 29 an implementation plan and estimated costs to develop the ITA and Vicinity in 30 terms of recreational uses, to enhance the existing Princess Anne Commons 31 recreation area, and to preserve the natural areas designated in the 32 Plan. Subsequent implementation can occur as existing funds are identified and 33 available." Adopted by the City Council of the City of Virginia Beach, Virginia, this 14 t h day of May , 2024. APPROVED AS TO LEGAL SUFFICIENCY: ttorney's Office CA16440 (Amend Reconciliation) / R-1 / May 13, 2024 REQUESTED BY COUNCILMEMBER WOOTEN 1 A RESOLUTION IN THE NATURE OF AN AMENDMENT TO 2 THE RECONCILIATION LETTER 3 4 WHEREAS, the Mayor and Vice Mayor promulgated the FY2024-2025 Resource 5 Management Plan Reconciliation Letter on May 7, 2024 (the "Reconciliation Letter"); 6 7 WHEREAS, Item #15 of the Reconciliation Letter states- 8 9 "Increase the General Fund Non-Departmental Regional Grants by $100,000 to 10 provide a one-time contribution to the LAMBS Foundation in support of their annual 11 Juneteenth festival in the summer of 2025. This cost will be offset by the use of 12 fund balance within the General Fund. Future funding is contingent on further 13 direction from the City Council following the report from the 90 Day Festival Task 14 Force." 15 16 WHEREAS, Item #16 of the Reconciliation Letter states: 17 18 "Increase the General Fund Non-Departmental Regional Grants by $90,000 to 19 provide a one-time increased contribution to Hampton Roads Pride in support of 20 their annual Pride at the Beach Festival in the summer of 2025. The total grant for 21 Hampton Roads Pride will be $99,800. This increased amount will be offset by the 22 use of fund balance within the General Fund. Future funding is contingent on 23 further direction from the City Council following the report from the 90 Day Festival 24 Task Force." 25 26 WHEREAS, the Reconciliation Letter is an attachment to the Agenda Item before 27 the City Council for the vote on this May 14, 2024, and the Reconciliation provides 28 guidance included in the annual Operating Budget and Capital Improvement Plan; 29 30 WHEREAS, Councilmember Wooten has recommended the removal of the 31 following text from Items #15 and #16: "Future funding is contingent on further direction 32 from the City Council following the report from the 90 Day Festival Task Force." 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA, THAT: 36 37 1. Item #15 shall read as follows: 38 39 "Increase the General Fund Non-Departmental Regional Grants by $100,000 to 40 provide a one-time contribution to the LAMBS Foundation in support of their annual 41 Juneteenth festival in the summer of 2025. This cost will be offset by the use of 42 fund balance within the General Fund." 43 44 45 2. Item #16 shall read as follows: 46 47 "Increase the General Fund Non-Departmental Regional Grants by $90,000 to 48 provide a one-time increased contribution to Hampton Roads Pride in support of 49 their annual Pride at the Beach Festival in the summer of 2025. The total grant for 50 Hampton Roads Pride will be $99,800. This increased amount will be offset by the 51 use of fund balance within the General Fund." Adopted by the City Council of the City of Virginia Beach, Virginia, this 14 t h day of May 2024. APPROVED AS TO LEGAL SUFFICIENCY: 4 y dorey's b ffice CA16440 (Amend Reconciliation 2) / R-1 / May 13, 2024 2 4 ITEM—HI.m2 ORDINANCES ITEM#75665 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 2. Ordinance to ESTABLISH the Tax Levy on Real Estate for FY2025 Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR 2 FISCAL YEAR 2025 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 =142025 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 none cents($0.99)ninety-seven cents($0.97)on each 9 one hundred dollars($100)of assessed valuation thereof.The real property tax rate that has been prescribed in this 10 section shall be applied on the basis of one hundred percentum of the fair market value of such real property,except 11 for public service real 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 2024 2025,taxes on all 18 real 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 ninet• none cents ($0 99) ninety-seven 24 cents($0.97)on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this 25 section shall be applied on the basis of one hundred percentum of fair market value of such real property except for 26 public service property,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 2025 taxes on all real estate 30 that has been separately classified pursuant to Section 58.1-3228.2 of the Code of Virginia,at a rate of one millionth 31 of 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 2025 shall be received prior to June 30, 20234. In the event of a mid- 34 year change in qualification or residence, the Commissioner of the Revenue shall use the same proration 35 methodology as is used for the surviving spouse of servicemember killed in action tax exemption program. The 36 applicant shall provide notice to the Commissioner of the Revenue if he or she remarries or moves from such 37 residence. 38 39 Sec.4. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 40 There shall be levied and collected for fiscal year_N� 42025,taxes for the special purpose of providing beach 41 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 42 District, not exempt from taxation, at the rate of one cent($0.01) on each one hundred dollars ($100) of assessed 43 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this 44 ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City 45 Code, or Exemption, or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City 46 Code,this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in Section 1 of 47 this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of 48 the fair market value of such real property except for public service real property, which shall be on the basis as 49 provided in Section 58.1-2604 of the Code of Virginia. 50 51 Sec.S. Amount of Levy on Real Estate Within the Town Center Special Service District. 52 For the special purpose of operating and maintaining the parking garage and providing enhanced services 53 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other 54 additional services authorized by § 15.2-2403 of the Code of Virginia, there shall be levied and collected for fiscal 55 year 2024 2025, taxes on all real estate within the Town Center Special Service District, not exempt from taxation, 56 at the rate of forty-five cents($0.45)on each one hundred dollars($100)of assessed value thereof.This real estate 57 tax rate shall be in addition to the real estate tax set forth in Section 1 of this ordinance. For real property that 58 qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code,or Exemption or Freeze for 59 Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code,this real estate tax rate shall be 60 applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax 61 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 62 property,except for public service real property,which shall be on the basis as provided in Section 58.1-2604 of the 63 Code of Virginia. 64 65 Sec.6. Amount of Levy on"Energy-Efficient Buildings". 66 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, 67 there shall be levied and collected for general purposes for the fiscal year 2D24--2025. taxes on all real estate that 68 has been classified as an energy efficient building, not exempt from taxation, at a rate of eighty f„UF ($0 84) 69 eighty-two cents ($0.82) on each one hundred dollars of assessed valuation thereof. The real property tax rate 70 imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 71 property except for public service property,which shall be on the basis as provided in Section 58.1-2604 of the Code 72 of Virginia. 73 74 Sec.7. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 75 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, 76 there shall be levied and collected for general purposes for the fiscal year 2024 2025, taxes on buildings that are 77 individually listed on the Virginia Landmarks Register, not including the real estate or land on which the building is 78 located, so long as the building is maintained in a condition such that it retains the characteristics for which it was 79 listed on the Virginia Landmarks Register at a rate of fifty twe cents($0 52)fifty cents($0.50)on each one hundred 80 dollars of assessed valuation thereof.The real property tax rate imposed in this section shall be applied on the basis 81 of one hundred percentum of fair market value of such real property except for public service property,which shall 82 be on the basis as provided by Section 58.1-2604 of the Code of Virginia. 83 84 Sec.8. Amount of Levy on Real Estate Within the Various Dredging Special Service Districts. 85 There shall be levied and collected for fiscal year 2024 2025, taxes for the special purpose of providing 86 neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within each special 87 service district listed below: 88 a. Old Donation Special Service District,not exempt from taxation,at the rate of eighteen and four-tenths 89 cents($0.184)on each one hundred dollars($100)of assessed value thereof. 90 b. Bayville Creek Special Service District, not exempt from taxation, at the rate of forty seven and two- 91 tenths cents($0.472)on each one hundred dollars($100)of assessed value thereof. 92 c. Shadowlawn Special Service District, not exempt from taxation, at the rate of fifteen and ninety-four 93 hundredths cents($0.1594)on each one hundred dollars($100)of assessed value thereof. 94 d. Chesopeian Special Service District, not exempt from taxation, at the rate of twenty nine and thirteen 95 hundredths cents($0.2913)on each one hundred dollars($100)of assessed value thereof. 96 e. Harbour Point Special Service District,not exempt from taxation,at the rate of twelve cents($0.12)on 97 each one hundred dollars($100)of assessed value thereof. 98 f. Gills Cove Special Service District, not exempt from taxation, at the rate of sox and thFe,tenths cents 99 ( 3)sixteen cents($0.16)on each one hundred dollars($100)of assessed value thereof. 100 g. Hurd's Cove Special Service District, not exempt from taxation, at the rate of forty-three and eight- 101 tenths cents($0.438)on each one hundred dollars($100)of assessed value thereof. 102 h. Schilling's Point Special Service District, not exempt from taxation, at the rate 103 ems($0.404)fifty-eight cents($0.58)on each one hundred dollars($100)of assessed value thereof. 104 105 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. Except 106 as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply without 107 reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption or 108 Freeze for Elderly and Disabled Persons,City Code§§35-61,et seq. As set forth in section 15.2-2403(6)of the Code 109 of Virginia,written consent is required to apply this tax rate to the full assessed value of properties subject to special 110 use value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred ill percentum (100%)of the fair market value of such real property except for public service real property,which shall 112 be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 113 114 Sec.9 Severability. 115 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 116 shall not affect the validity of the remaining portions of this ordinance. 117 118 Sec. 10 Effective Date. 119 The effective date of this ordinance shall be July 1, 20234. 120 121 Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the City Council of the City of Virginia Beach,Virginia,on the 14 t h day of May, 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t4udget and Management Services City A rney's Office CA16441 R-1 March 6, 2024 5 ITEM—Il l.a.3 ORDINANCES ITEM#75666 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 3. Ordinance to ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for Calendar Year 2025 Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR 3 YEAR 2025 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 20245 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 55.4% 18 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 44.6%of the computed tax on 20 the first$20,000 of assessed value. 21 3. Any qualifying vehicle with an assessed value of over$20,000 will be levied 55.4%of the computed 22 tax based on the first$20,000 of assessed value and 100%of the computed tax based on the assessed value in excess 23 of$20,000. Reimbursement is expected from the Commonwealth under the Personal Property Tax Relief Act equal 24 to the remaining 44.6%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 20245 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 20245 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 seven cents($8-99 0.97)on each one hundred dollars($100)of assessed 54 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) 55 (10). 56 57 Sec.5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 58 There shall be levied and collected for general purposes for the calendar year 20245 taxes on all boats or 59 watercraft used for business purposes(both boats weighing less than five(5)tons and boats weighing five(5)tons 60 or more), except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on 61 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 62 personal property in Sections 58.1-3506(A)(35)and(A)(36). 63 64 Sec.6.Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 65 There shall be levied and collected for general purposes for the calendar year 20245 taxes on all boats or 66 watercraft not used solely for business purposes weighing less than five(5)tons,and weighing five(5)tons or more, 67 except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one 68 hundred dollars($100) of assessed valuation thereof. Such property declared a separate class of tangible personal 69 property in Sections 58.1-3506(A)(1)(a)and (A)(1)(b)of the Code of Virginia. 70 71 Sec.7. Amount of Levy on Machinery and Tools. 72 In accordance with Section 58.1-3507 of the Code of Virginia,there shall be levied and collected for general 73 purposes for the calendar year 20245 taxes on machinery and tools, including machinery and tools used directly in 74 the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one 75 millionth of one cent($.000001) on each one hundred dollars ($100)of assessed valuation thereof.As provided by 76 §58.1-3506(B)of the Code of Virginia,the following personal property shall also be taxed at the rate of machinery 77 and tools: 78 a. all tangible personal property used in research and development businesses, as described in § 58.1- 79 3506(A)(7)of the Code of Virginia; 80 b. generating or cogenerating equipment,as described in §58.1-3506(A)(9)of the Code of Virginia;and 81 c. all motor vehicles,trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used 82 to transport property or passengers for hire by a motor carrier engaged in interstate commerce, as described in § 83 58.1-3506(A)(25)of the Code of Virginia. 84 85 Sec.8.Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 86 There shall be levied and collected for general purposes for the calendar year 20245 taxes on all privately 87 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 88 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate 89 class of tangible personal property in Sections 58.1-3506(A)(12), (A)(28),and (A)(29)of the Code of Virginia. 90 91 Sec.9.Amount of Levy on Privately Owned Camping Trailers,Privately Owned Travel Trailers,and Motor Homes 92 Used for Recreational Purposes Only,and Privately Owned Horse Trailers. 93 There shall be levied and collected for general purposes for the calendar year 20245 taxes at the rate of 94 one dollar and fifty cents($1.50)on each one hundred dollars($100)of assessed valuation thereof on the following 95 property: (a) all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of 96 Virginia and privately owned travel trailers as defined in § 46.2-1900 of the Code of Virginia, that are used for 97 recreational purposes only;and(b)privately owned trailers as defined in §46.2-100 of the Code of Virginia that are 98 designed and used for the transportation of horses,except those trailers described in subdivision(A)(11)of§58.1- 99 3505 of the Code of Virginia.Such property declared a separate class of tangible personal property in Sections 58.1- 100 3506(A)(18)and(A)(30)of the Code of Virginia. 101 102 Sec. 10.Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 103 There shall be a reduced tax, levied and collected for general purposes for the calendar year 20245 at the 104 rate of one dollar and fifty cents($1.50)on each one hundred dollars($100)of assessed valuation,on one(1)motor 105 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 106 a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of Veterans' 107 Affairs.Any motor vehicles in addition to the one(1)so taxed shall not qualify for the taxation at the rate established 108 herein,and shall be taxed at the rate or rates applicable to that class of property.To qualify,the veteran shall provide 109 a written statement to the Commissioner of the Revenue from the Department of Veterans'Affairs that the veteran 110 has been so designated or classified by the Department of Veterans'Affairs as to meet the requirements of Section 111 58.1-3506(A)(19)of the Code of Virginia,and that his or her disability is service connected. Such property is declared 112 a separate class of tangible personal property in Section 58.1-3506(A)(19)of the Code of Virginia. 113 114 Sec.11.Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 115 Years of Age or Anyone Found to be Permanently and Totally Disabled. 116 a. In accordance with Sections 58.1-3506.1 et seq.of the Code of Virginia,there shall be a reduced tax, 117 levied and collected for general purposes for calendar year 20245 at the rate of one millionth of one cent 118 ($0.000001)on each one hundred dollars($100.00)of assessed valuation,on one(1)automobile or pickup truck 119 owned and used primarily by or for anyone at least sixty-five years of age or anyone found to be permanently and 120 totally disabled,as defined in Section 58.1-3506.3 of the Code of Virginia,subject to the following conditions: 121 1. The total combined income received, excluding the first $7,500 of income, from all sources 122 during calendar year 202-23 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 123 ($22,000). 124 2. The owner's net financial worth, including the present value of all equitable interests, as of 125 December 31 of calendar year 202-44,excluding the value of the principal residence and the land,not exceeding one 126 (1)acre, upon which it is situated,shall not exceed seventy thousand dollars($70,000). 127 3. All income and net worth limitations shall be computed by aggregating the income and assets, 128 as the case may be,of married individuals who reside in the same dwelling and shall be applied to any owner of the 129 motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance,irrespective of how 130 such motor vehicle may be titled. 131 b.Any such motor vehicle owned by married individuals may qualify if either spouse is sixty-five or over or 132 if either spouse is permanently and totally disabled,and the conditions set forth in subsection(a)have been satisfied. 133 134 Sec.12.Amount of Levy on Computer Equipment and Peripherals Used in a Data Center. 135 There shall be levied and collected for general purposes for the calendar year 20245 taxes on all computer 136 equipment and peripherals used in a data center as authorized in § 58.1-3506(A)(43)of the Code of Virginia at the 137 rate of forty cents($0.40)on each one hundred dollars($100)of assessed valuation thereof. 138 139 Sec. 13.Amount of Levy on EMS Volunteer Motor Vehicles. 140 There shall be levied and collected for general purposes for the calendar year 20245 taxes on motor vehicles 141 that meet the ownership and tax burden requirements as set forth in §58.1-3506(A)(15)of the Code of Virginia at 142 the rate of one millionth of one cent($0.000001)on each one hundred dollars($100)of assessed valuation thereof. 143 Such property declared a separate class of tangible personal property in §58.1-3506(A)(15)of the Code of Virginia 144 and is limited to one motor vehicle per member.The member is required to regularly respond to emergency calls 145 and the Council believes such designation may be obtained if the member has completed at least 80%of their hourly 146 duty commitment. Such property shall be subject to the certification of the applicable chief of the volunteer 147 emergency medical services agency or volunteer fire department, and if the owner or lessee discontinues active 148 volunteer participation in the activities of such volunteer emergency medical services agency or volunteer fire 149 department,the applicable chief shall forthwith provide the Commissioner of the Revenue of such change in status, 150 which shall result in the Commissioner of the Revenue issuing a prorated tax assessment in accordance with the 151 taxation of motor vehicles. 152 153 Sec. 14. Tangible Personal Property of a Business that Qualifies for the Business License Incentive Program for 154 New Businesses. 155 The tax rate applicable to the tangible personal property of a business that qualifies for the Business License 156 Incentive Program for New Businesses,such classification authorized by§ 58.1-3506(A)(45), shall be one millionth 157 of one cent($0.000001)per$100 of assessed value. This tax classification shall apply for the first two years in which 158 the qualifying business is subject to tax upon its personal property in the City of Virginia Beach. 159 160 Sec. 15.Assessed Value Determination;method of filing returns for motor vehicles,trailers and boats. 161 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above 162 sections shall be assessed at actual fair market value,to be determined by the Commissioner of the Revenue for the 163 City of Virginia Beach.As authorized by Section 58.1-3518.1,the Commissioner of the Revenue may provide for the 164 annual assessment and taxation of motor vehicles, trailers and boats based on a previous personal property tax 165 return filed by the owner or owners of such property. The Commissioner of the Revenue may also rely upon 166 registration information held by the Department of Motor Vehicles in ascertaining ownership and situs of vehicles. 167 168 Sec. 16.Severability. 169 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 170 shall not affect the validity of the remaining portions of this ordinance. 171 172 Sec.17.Effective Date. 173 174 This ordinance shall be effective January 1,20242025. 175 176 Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the City Council of the City of Virginia Beach,Virginia,on the 14 t'bay of May, 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4;'�X A�) ( Q1,1 ,n -- B dget and Management Services Gty ttor y' Office CA16442 R-1 March 6, 2024 6 ITEM—II.1.a.4 ORDINANCES ITEM#75667 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 4. Ordinance to AUTHORIZE the City Manager to submit the FY2024-25 Annual Funding Plan to the U.S.Department of Housing and Urban Development(HUD) Voting: 10- 1 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond,Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL 2 FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN 3 DEVELOPMENT 4 5 WHEREAS, the United States Congress established legislation designated as the Housing and Community 6 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; and 7 established additional legislation addressing the goals of reducing homelessness, increasing affordable housing 8 opportunities,and providing housing for people with HIV/AIDS; 9 10 WHEREAS, there is federal assistance available to help achieve these goals and conduct related activities, 11 including additional federal assistance set aside for related programs made available through various acts providing 12 coronavirus pandemic relief and support;and 13 14 WHEREAS,as a prerequisite to receiving the above-referenced federal assistance,the City of Virginia Beach 15 has developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and 16 has created the necessary mechanisms for its implementation in compliance with federal and local directives; 17 18 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT: 19 20 The City Manager is hereby authorized and directed, as the executive and administrative head of the City, 21 to submit the City's F"',�— 24 FY 2024-25 Annual Funding Plan (the"Plan") and amendments thereto, along with 22 understandings and assurances contained therein and such additional information as may be required, to the 23 Department of Housing and Urban Development to permit the review,approval,and funding of the Plan. Adopted by the Council of the City of Virginia Beach,Virginia,on the 14 t hday of May, 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1�� ga!±6 j Y/ B dget and Management Services City—At ney's O ice CA16443 R-1 March 6,2024 7 ITEM—H 1.a.5 ORDINANCES ITEM#75668 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 5. Ordinance to AMEND City Code Sections 35-64 and 35-67 re Exemption or Deferral of Real Estate Taxes for elderly or disabled persons Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE TO AMEND SECTIONS 35-64 AND 35-67 OF 2 THE CITY CODE PERTAINING TO THE EXEMPTION OR 3 DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR DISABLED 4 PERSONS 5 SECTIONS AMENDED: §§35-64 AND 35-67 6 7 WHEREAS,the City Council has previously directed adjustments to the income component of the tax relief 8 for elderly and disabled persons to be adjusted annually to mirror the average increase or decrease of the value of 9 single family residences;and 10 11 WHEREAS, the median increase in the value of a single family residence for FY 2023 24 2024-25 is 12 9:3%6.12%; 13 14 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT: 15 16 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 seventy three th „sand eight hundred 36 eighty sox a^","S ($73 886)seventy eight thousand four hundred eight dollars($78,408) provided that the first ten 37 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the 38 dwelling,shall not be included in such total:and provided further that the first ten thousand dollars($10,000.00)or 39 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 RiRety six thousand feuF huRdFed fiye 45 one hundred two thousand three hundred five dollars (5102,305) provided that the first ten 46 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the 47 dwelling, shall not be included in such total; and provided that the first ten thousand dollars ($10,000.00) or any 48 portion thereof of 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 63 Sec.35-67. Amount of exemption. 64 When a person claiming exemption under this division conforms to the standards and does not exceed 65 the limitations contained in this division,the tax exemption shall be as shown on the following schedule: 66 67 Total income, 68 All Sources Tax Exemption 69 $0.90 $56,3869A $0.00-$59,837.00 100% 70 $59,837.01-$64,481.00 80% 71 $60,762.01 $65,136.00 $64,481.01-$69,122.00 60% 72 $65,136.01$69,512.00 $69,122.01-$73,766.00 40% 73 $69,512.01�$7-3,886.00 $73,766.01-$78,408.00 20% 74 75 No lien shall accrue as a result of the amount certified as exempt. 76 77 BE IT FURTHER ORDAINED:That this ordinance shall be effective on July 1, 2024. Adopted by the City Council of the City of Virginia Beach,Virginia,on this 14 t way of May, 2024. APPROVED AS TO CONTENT: APPROkED AS TO LEGAL SUFFICIENCY: 2-AA,A_,"nLfdkW udget and Wanagement Services i torn 's Office CA16444 R-1 March 6,2024 8 ITEM—111.a.6 ORDINANCES ITEM#75669 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 6. Ordinance to AMEND City Code Section 31-39 for Waste Collection Fee re increase the waste collection fee for such services commencing July 1,2024 Voting: 10- 1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE TO AMEND SECTION 31-39 OF THE CITY CODE 2 REGARDING THE WASTE COLLECTION FEE TO INCREASE THE WASTE 3 COLLECTION FEE FOR SUCH SERVICES COMMENCING JULY 1,2024 4 5 SECTION AMENDED: §31-39 6 7 WHEREAS, under Virginia Code § 15.2-928, the City Council of the City of Virginia Beach, Virginia, is authorized to 8 impose fees for providing the services to its residents of collection, management, and disposal of solid waste, recyclable 9 materials,and other refuse; 10 11 WHEREAS,the City held a public hearing on a proposed fee increase related to recycling to allow public comment; 12 13 WHEREAS,the City Council desires to have a fiscally responsible solution to solid waste collection, recycling, waste 14 management,and disposal. 15 16 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 17 18 1. That Section 31-39 of the Code of the City of Virginia Beach is hereby amended to read as follows: 19 20 Sec.31-39. Waste Collection Fee;billing and collection 21 22 a. That rate(s) to be charged for access to the service of solid waste collection, management, and disposal of solid 23 waste materials,and other refuse shall be as follows: 24 25 i. A waste collection fee of c'� 30.55 per month shall be charged to each occupied dwelling unit eligible for, 26 and each participating church receiving,City trash collection services in accordance with this chapter. 27 28 b. That the billing and collection of the waste collection fee shall be pursuant to the same procedures as the collection 29 of water and sewer utility service and stormwater management charges as described in section 37-53. 30 31 2.This ordinance shall be effective on July 1, 2024. Adopted by the City Council of the City of Virginia Beach,Virginia, on thisl4 th day of May, 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit ttorneyIs Office CA16445 R-1 March 6, 2024 9 ITEM-H 1.a. ORDINANCES ITEM#756 70 Upon motion by Vice Mayor Wilson,seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 7. Ordinance to AMEND City Code Section 35.3-12 re extend the Sunset date to July 1,203 7 for Gills Cove Area Dredging Special Service District Voting: 10- 1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond,Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE TO AMEND CITY CODE SECTION 35.3-12 TO 2 EXTEND THE SUNSET PROVISION FOR THE GILLS COVE AREA 3 DREDGING SPECIAL SERVICE DISTRICT 4 5 SECTION AMENDED:§35.3-12 4 WHEREAS, the Gills Cove Area Special Service District was established by ordinance adopted March 25, 5 2014; 6 WHEREAS, the rate was established based on an estimated cost associated with three dredge cycles to 7 occur over sixteen years;and 8 9 WHEREAS, the rate was to be reviewed and adjusted as necessary to support the total cost of dredging; 10 and, 11 WHEREAS,the initial dredge cycle was delayed due to various factors including permitting and contracting; 12 13 WHEREAS,the first dredge cycle was recently completed; 14 15 WHEREAS, the City has received input from the community that it favors the extension of the duration of 16 the special service district and to modify the number of dredge cycles from three to two to allow a lower increase in 17 the levy to support the dredging program; 18 19 WHEREAS,to accommodate the community's request,the sunset provision in City Code§35.3-12 must be 20 extended; 21 22 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT: 23 24 Sec.35.3-12. Creation of the Gills Cove Area Dredging Special Service District. 25 26 a. There is hereby created the Gills Cove Area Dredging Special Service District for the purposes set forth in 27 this chapter and those set forth in Code of Virginia, § 15.2-3403. 28 b. The boundaries of the Gills Cove Area Dredging Special Service District shall be described in detail by the 29 map attached to this Ord. No.3335. 30 c. The Gills Cove Area Dredging Special Service District shall dissolve on July 1,2OW 2037,if not sooner. Such 31 date shall allow for the completion of the second dredge cycle and the accounting of all revenues and 32 expenditures during the duration of the Gills Cove Area Dredging Special Service District. Adopted by the Council of the City of Virginia Beach,Virginia,on thel 4 t h day of May,2024. APPR VED AS TO CONTENT: AP AS TO LEGAL SUFFICIENCY: udget and Management Services ttorney's Office CA16446 R-1 March 6,2024 10 ITEM—II.I.a.8 ORDINANCES ITEM#75671 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 8. Ordinance to AMEND City Code Sections 35-6, 35-6.1, 35-9, and 35-37 re date penalties and interest are imposed upon delinquent Real Estate and Personal Property Tax bills and/or installments Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE TO AMEND SECTIONS 35-6,35-6.1,35-9 AND 2 35-37 OF THE CITY CODE RELATED TO THE DATE PENALTIES 3 AND INTEREST ARE IMPOSED UPON DELINQUENT REAL 4 ESTATE AND PERSONAL PROPERTY TAX BILLS AND/OR 5 INSTALLMENTS 6 7 SECTIONS AMENDED: §§35-6;35-6.1;35-9;&35-37 8 9 WHEREAS,the City Treasurer of the City of Virginia Beach requested the City Council consider establishing 10 a grace period for the application of penalties and interest on delinquent accounts from the day immediately 11 following the tax due date to either a five or ten day period, 12 13 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 14 15 1. That Sections 35-6, 35-6.1, 35-9, and 35-37 of the Code of the City of Virginia Beach are hereby amended and 16 reordained to read as follows: 17 Sec.35-6. Penalty and interest when personal property taxes not paid on time. 18 (a) In the event any taxes on personal property are not paid on or before the fifth day after Ume the same are 19 due and payable as set forth in section 35-5,there shall be added thereto a penalty of ten(10) percent of the 20 amount of such unpaid taxes or the sum of ten dollars($10.00),whichever shall be greater,and such taxes 21 and penalty shall bear interest commencing on the sixth#first day following the day such taxes were due,at 22 the rate of nine and six-tenths(9.6)percent per annum during the first year such taxes are delinquent, and 23 thereafter at the rate of eight and four-tenths(8.4) percent per annum. Provided however,that the penalty 24 shall in no case exceed the amount of the tax due. 25 .... 26 27 Sec.35-6.1. Personal property tax on motor vehicles and trailers;proration thereof. 28 ... 29 30 (d) Any person who fails to pay personal property taxes on or before the fifth day after the date due as provided 31 above shall incur a penalty of ten(10)percent of the tax due,or ten dollars($10.00),whichever is greater, 32 which shall become part of the taxes due. Interest at the rate of nine and six-tenths(9.6) percent per annum 33 from the sixth#first:day following the day such taxes are due,shall be paid upon the principal and penalties of 34 such taxes remaining unpaid. 35 .... 36 37 Sec.35-9.Same—When due and payable;penalty and interest on delinquencies. 38 ... 39 (b) In the event any installment of the service charges imposed pursuant to section 35-8 is not paid on or before 40 the fifth day after#Fpe the same is due and payable,as set forth in this section,there shall be added thereto 41 a penalty of five(5)percent of the amount of such unpaid installment and such installment and penalty shall 42 bear interest at the rate of nine and six-tenths(9.6)percent per annum from the end of the sixth month next 43 following the month such installment was due, but not paid, until paid. 44 45 Sec.35-37.-Penalty and interest when installment not paid on time. 46 47 a. In the event any installment of taxes on real estate is not paid the fifth day after en OF be#efe the 48 time the same is due and payable as set forth in section 35-36,there shall be added thereto a penalty 49 of ten (10) percent of the amount of such unpaid installment or the sum of ten dollars ($10.00), 50 whichever shall be greater,and such installment and penalty shall bear interest commencing on the 51 sixth day following the day such taxes were due,at the rate of nine and six-tenths(9.6)percent 52 per annum during the first year such taxes are delinquent, and thereafter at the rate of eight and 53 four-tenths(8.4)percent per annum. Provided however,that the penalty shall in no case exceed the 54 amount of the tax due. 55 56 2. This ordinance shall be effective on July 1,2024. Adopted by the City Council of the City of Virginia Beach,Virginia,on this 14 t h day of May,2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z'—"' J.'1j" '�J' ', Budget and Management Services orney's Office CA16448 R-1 March 6,2024 11 ITEM—II.I.a.9 ORDINANCES ITEM#75672 Upon motion by Vice Mayor Wilson,seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: a. FY2024-25 OPERATING BUDGET 9. Ordinance to AMEND City Code Section 35-182 re change the dedication for the Tourism Investment Program (TIP)Fund and DEDICATE a portion of the Amusement Tax to funding for the Arts and Culture Voting: 10- 1 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE TO AMEND SECTION 35-182 OF THE CITY 2 CODE TO CHANGE THE DEDICATION FOR THE TOURISM 3 INVESTMENT PROGRAM (TIP) FUND AND TO DEDICATE A 4 PORTION OF THE AMUSEMENT TAX TO FUNDING FOR ARTS 5 AND CULTURE 6 7 SECTION AMENDED: §35-182 8 9 WHEREAS, the Tourism Growth and Investment Fund (TGIF) was established in FY 1993-94 to provide 10 funding for tourism related capital projects and initiatives with dedicated revenue streams of the whole of the 11 Amusement tax, two cents of the Hotel Room tax and one-half cent of the Hotel Room tax for Beach Events,one- 12 half cent of the Restaurant Meals tax,as well as other miscellaneous tourism related revenue; 13 14 WHEREAS,the Major Projects Fund was established in FY 2001-02 to provide funding for the rebuilding of 15 the Convention Center, the Sandler Center for the Performing Arts, and the expansion of the Virginia Aquarium 16 parking facilities with dedicated revenue streams of 80%of the Amusement tax diverted from the TGIF,2.5 cents of 17 the Hotel Room tax,0.56 cents of the Restaurant Meals tax and 2.5 mils per cigarette; 18 19 WHEREAS, the establishment of the TGIF and Major Projects Fund coincided with the increase of certain 20 portions of the Restaurant Meals tax and/or the Hotel Room tax where the City Council sought to increase certain 21 services and provide the revenue to support such services; 22 23 WHEREAS, in the FY 2011-12 Operating Budget,the obligations and initiatives supported through the TGIF 24 and Major Projects Fund,as well as their dedicated revenue streams,were combined to create the TIP Fund; 25 26 WHEREAS,in FY 2016-17,an additional transient flat tax of$1 per room night was dedicated to the TIP Fund 27 to further support tourism related initiatives and future obligations of the TIP Fund; 28 29 WHEREAS, in FY 2022-23,the City Council removed the sunset dates on certain portions of the Restaurant 30 Meals tax and Hotel Room tax to allow the funding of certain capital projects supported by the TIP Fund;and 31 32 WHEREAS, after direction to the City Manager to propose alternatives for dedicated funding for arts and 33 culture,the City Council has directed the establishment of a dedicated funding stream from 20%of the Amusement 34 Tax; 35 36 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT: 37 38 1. Section 35-182 of the City Code is hereby amended and reordained to read as follows: 39 40 Sec.35-182. Levy of taxes;classification;amount;administration 41 42 (a) Classifications. Pursuant to Code of Virginia §58.1-3817, events to which admission is charged are 43 divided into the following classes,and there are hereby imposed and levied the following taxes with such revenues 44 being dedicated with 80%to the Tourism Investment Program fund and 20%dedicated to funding arts and culture: 45 46 .... 47 48 2. The revenues generated from the 20%of the Amusement tax dedicated to funding arts and culture shall be 49 placed in a dedicated reserve. The City Manager and the Department of Cultural Affairs shall develop a 50 plan for the use of the funds dedicated to arts and culture. The City Manager shall present such plan to the 51 City Council for the City Council's input. Prior to expenditure or distribution of funding for arts and culture 52 from the dedicated reserve, the City Council shall have formally approved guidance for the use of such 53 funds. 54 55 3. Nothing herein shall alter or amend the City's obligations set forth in the Atlantic Park Development 56 Agreement or the Atlantic Park Community Development Authority Memorandum of Understanding, and 57 revenues allocated thereunder shall exclude the 20% allocation to fund arts and culture under this 58 Ordinance. To the extent required to honor such obligations,the City Manager is directed to establish the 59 necessary financial controls to ensure the Amusement Tax portions of the Development Agreement and 60 Memorandum of Understanding have been complied with, and 100%of the Amusement Taxes generated 61 from within the CDA District of the Atlantic Park Community Development Authority shall be allocated to 62 the TIP Fund. 63 64 4. This ordinance shall be effective on July 1,2024. Adopted by the City Council of the City of Virginia Beach,Virginia,on thisl 4 th day of May,2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A B dget and Management Services - ttor 4eyrsOffice CA16503 R-1 April 24, 2024 12 ITEM—H 1.b.I ORDINANCES ITEM#75673 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: b. FY2024-25 CAPITAL BUDGET 1. Ordinance to ADOPT the FY2024-25 through FY2029-30 Capital Improvement Program (CIP)and APPROPRL4TE$418,531,838 re FY2024-25 Capital Budget, subject to funds being provided from various sources set forth herein Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley, David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE TO ADOPT THE FY 2025 - FY 2030 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE FUNDS FOR THE FY 3 2024-25 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM 4 VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS,the City Manager,on March 19,2024,presented to City Council the Capital Improvement Program for Fiscal 6 Years 2024-25 through 2029-30; 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 2024-25, 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 2023-24 2024-25 through ;=98 9 2029-30 is hereby adopted, and the projects listed therein are 19 hereby 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 $418,531,838 for capital projects in the Capital Budget for Fiscal Year 26 2023-24 2024-25, 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 2023 24 2024-25 as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment 32 B—Financing Sources." 33 34 Section S. 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 Section 6. Reductions in financing sources in support of the Capital Budget for Fiscal Year 2024-25 as set forth in said 38 Capital Improvement Program are attached to this ordinance as"Attachment D—Changes in Financing Sources." 39 40 41 Revenue Bends totaling$61,009, 42 , 43 ). In 44 accordance with financial best practices prior appropriations totaling$2 000 000 and corresponding pay-as-you-go funding 45 from Capital Project 100578"Stormwater Proiect Administration"are hereby transferred from fund 420"Stormwater Capital 46 Project Fund"to fund 430"Flood Protection Capital Project Fund." 47 48 49 Section 8. In accordance with best financial practices and to avoid arbitrage, previous appropriations from 50 authorized General Obligation bonds totaling$1,AF0,445$508,183 are hereby reduced and replaced with interest earned 51 through the Virginia State Non-Arbitrage Program (SNAP). 52 53 Section 9. Additional appropriations,the addition of capital projects,and changes in project scope shall not be initiated 54 except with the consent and approval of the City Council first being obtained.An appropriation for a project in the Capital 55 Improvement Program shall continue in force and,to the extent required by law,re-appropriated for use in Fiscal Year 2023- 56 2 -2024-25 until the purpose for which it was made has been accomplished or abandoned. 57 58 Section 10. All contracts awarded for approved and appropriated capital projects, exclusive of school projects, must 59 be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. 60 61 Section 11.Subject to any applicable restriction of law or of any bonds or bond issue,the City Manager or the Director 62 of Budget and Management Services is authorized to approve transfers of appropriations in an amount up to $250,000 63 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City 64 Council of all transfers between$25,000 and$250,000. The City Manager or the Director of Budget and Management Services 65 is hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices, 66 reporting requirements and the Capital Improvement Program adopted by the City Council. 67 68 Section 12. To ensure timely completion of water and sewer projects,appropriations for water and sewer companion 69 projects may be transferred between these projects by the City Manager(or designee). "Companion projects" mean water 70 and sewer projects having the same name or project scope and description with the exception of"water" or"sewer" being 71 in the title and/or project scope and description. 72 73 Section 13. To ensure timely completion of Flood Protection projects, appropriations for companion projects within 74 the same "master project" may be transferred by the City Manager or his designee. "Master Project" refers to any of the 75 seven umbrella projects as identified eaF4ier within this document.These transfers will be reported to the Flood Protection 76 Citizen Oversight committee monthly. 77 78 Section 14.To ensure prompt construction contract execution and to mitigate the impacts of inflation on authorized 79 capital projects,transfers in excess of$100,000$250,000 may be made between capital projects within the same capital 80 improvement section if such additional funding is immediately needed to issue a construction contract.These transfers will be 81 reported to City Council monthly. To the extent practicable,any such transfer should not materially jeopardize the schedule 82 of the project from which the funds are transferred. 83 84 Section 15. Notwithstanding other outlined budgetary controls,the City Manager or his designee,is hereby 85 authorized to transfer up to a total of$1,800,000 as outlined in "Attachment C-Transfers"from 100147"Atlantic Park Parkine 86 to 100146"Atlantic Park Entertainment Venue"and 100606"Atlantic Park Offsite Infrastructure."$3,900,000 87 „ 88 , 89 the pad(iAg facilities on 100147 abeve the$30,000 peF space cap*R the AtIaRtic Park Development AgFee-Me—At. 0.1ithin 90 , 91 expFessing the i..te Rt and amount of the tFaRsfer 92 93 Section 16. The City Manager or the Director of Budget and Management Services is hereby authorized to change, 94 subject to any applicable restriction of law or of any bonds or bond issue,the financing sources for the various capital projects 95 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 96 realized revenues. If the financing sources in support of capital projects decline,the City Manager or the Director of Budget 97 and Management Services is authorized to reduce,subject to any applicable restriction of law or of any bonds or bond issue, 98 those appropriations to equal the changed financing source.The City Manager must give prior notice to the City Council of 99 any reductions to total appropriations exceeding$250,000.The notice to City Council shall identify the basis and amount of 100 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 101 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 102 103 Section 17. The Capital Improvement Program debt management policies contained and included in the Resource 104 Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report on the 105 status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines,such 106 information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to 107 those policies and guidelines through the Resource Management Plan. 108 109 Section 18. Subject to the appropriation of sufficient funds within a capital project, the acquisition of real property 110 necessary for the project is authorized by means of voluntary negotiation with willing sellers. 111 112 Section 19. Attachment B of this Ordinance includes $90,661,964 of funding using Public Facility Revenue Bonds 113 ("PFRB Financing"). "Attachment 0 E Projects Utilizing Public Facility Revenue Bonds," attached hereto and incorporated, 114 provides a list of projects that include PFRB Funding and the amount of PFRB Funding for Fiscal Year 2023 24 2024-25. 115 Without changing the amount of total PFRB Funding authorized by this Ordinance, the Director of Finance is authorized to 116 adjust the allocations and/or amounts among the projects to ensure that the tax-exempt status for any resulting bonds is 117 retained. 118 119 Section 20.Violation of this ordinance shall result in the City Manager taking disciplinary action against the person or 120 persons responsible for the capital project in which the violation occurred. 121 122 Section 21. If any portion of this ordinance is for any reason declared to be unconstitutional or invalid,such decision 123 shall not affect the validity of the remaining portions of this ordinance. 124 125 Section 22. This ordinance shall be in effect from the date of its adoption;however,appropriations for the Fiscal Year 126 203 24 2024-25 Capital Budget shall be effective on July 1,202-34.The transfer of funding in Section 15 shall be effective on 127 the date of adoption. 128 129 Requires an affirmative vote of the majority of the members of City Council Adopted by the Council of the City of Virginia Beach,Virginia,on the 14 t bay of May,2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Zi�tjZttdfnney s O fice CA16449 R-1 March 6, 2024 City of Virginia Beach,Virginia Attachment A-Capital Budget Appropriations Project Number Projects Appropriations FY25 Buildines and Assets PG100047 Facilities Access Systems 425,000 PG100138 Convention Center Capital Maintenance 1,650,000 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 PG100325 Public Safety Equipment Replacement Project 1,450,000 PG100392 City Security Enhancements 500,000 PG100437 VA Aquarium Bldg.Systems&Facility Infrastructure II 1,434,540 PG100445 Various Buildings HVAC Rehabilitation&Renewal IV 2,500,000 PG100446 Various Buildings Rehabilitation and Renewal IV 3,800,000 PG100463 Virginia Aquarium Renewal and Replacement III 600,000 PG100536 Creeds Training Center Renovations 693,000 PG100675 Central Plant Loop Replacement 17,833,471 PG100677 Waste Management Facility Replacement 294,040 PG100676 Mosquito Control Replacement 262,500 PG100681 Joint Operations Facility 3,000,000 Total Buildings and Assets Projects 39,178,526 Coastal PG100038 Beach Replenishment II 2,550,000 PG100142 Croatan Beach Restoration 78,000 PG100149 Dredge Operations Rehab and Modifications 1,190,700 PG100152 Eastern Branch Lynnhaven River Dredging 500,000 PG100193 Gills Cove Neighborhood Dredging 180,063 PG100253 Bayville Creek Neighborhood Dredging II 137,099 PG100258 Lynnhaven Inlet Maintenance Dredging II 375,000 PG100274 Neighborhood Dredging Spur Channels 309,300 PG100334 Replacement for Rudee Inlet Dredge 1,000,000 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 PG100534 Old Donation Creek Area Dredging II 364,748 PG100SSO Shadowlawn Area Dredging II 38,918 PG100560 Harbour Point Neighborhood Dredging II 83,747 PG100617 Rudee Inlet Weir Replacement 4,227,015 Total Coastal Projects 17,460,931 City of Virginia Beach,Virginia Attachment A-Capital Budget Appropriations Appropriations Project Number Projects FY25 Economic and Tourism Development PG100157 Economic Development Investment Program II 1,598,476 PG100456 Virginia Beach Amphitheater Capital Maintenance 200,000 PG100001 17th Street Improvements-Phase I Pacific to Cypress 23,426,524 PG100048 Burton Station Road Improvements III 3,120,000 PG100282 Oceana&ITA Conformity&Acquisition II 574,668 PG100283 Oceanfront Capital Projects Reinvestment 600,000 PG100285 Oceanfront Parking Facilities Capital Maintenance/Development II 500,000 PG100300 Atlantic Avenue Street Improvements 11,000,000 PG100399 Strategic Development Projects 500,000 PG100420 Town Center Garage and Plaza Capital Maintenance II 352,726 PG100421 Town Center Reinvestment 150,000 PG100629 Sports Tourism Infrastructure 12,578,900 PG100630 17th Street Regional Stormwater Management Facility 25,930,000 Total Economic and Tourism Development Projects 80,531,294 Information Technology PG100074 21st Century Enterprise Resource Planning(HCM) 1,075,523 PG100084 City Software Upgrade/Replacement Plan 2,694,146 PG100087 Communications Infrastructure 626,801 PG100103 IT Service Continuity II 480,614 PG100105 Maintain and Secure Corporate Data 3,036,555 PG100106 Next Generation Network 250,000 PG100107 Network Infrastructure Replacement III 5,357,073 PG100572 HR/Finance Software Sustainment 95,872 PG100574 Courts Technology System Sustainment 250,000 PG100618 Revenue Management System Sustainment 250,000 PG100679 Mass Care Management 685,209 PG100680 Integrated Emergency Management Framework 1,897,500 Total Information Technology Projects 16,699,293 Parks and Recreation PG100023 Athletic Fields Lighting and Renovations III 275,000 PG100040 Bikeways/Trails Repairs and Renovations 1 280,000 PG100119 City Bikeways and Trails Plan Implementation II 1,000,000 PG100127 Community Recreation Centers Repairs and Renovations 111 2,000,000 PG100194 Golf Courses Contractual Obligations-Maintenance 1 120,000 PG100198 Greenways,Scenic Waterways and Natural Areas 111 250,000 PG100256 Lynnhaven Boat Ramp&Beach Facility Repairs/Reno 1 50,000 PG100299 Park Playground Renovations III 870,628 PG100320 Parks and Special Use Facilities Development/Reno 111 2,004,400 PG100393 Sportsplex/Field Hockey National Trng Ctr Rep/Reno 1 726,135 PG100402 Stumpy Lake Golf Course Contractual Obligations 1 27,000 PG100413 Tennis Court Renovations III 300,000 PG100511 Southern Rivers Watershed Site Acquisition Program 7,000,000 City of Virginia Beach,Virginia Attachment A-Capital Budget Appropriations Project Number Projects Appropriations FY25 PG100641 Open Space Acquisition IV 2,500,000 PG100661 Recreation Center Modernization 4,000,000 PG100667 Rudee Loop Park Development 6,000,000 PG100632 Park Infrastructure Replacement&Underdeveloped Park Improvements 4,000,000 Total Parks and Recreation Projects 31,403,163 Roadways PG100057 Centerville Turnpike Phase II 7,000,000 PG100058 Centerville Turnpike Phase III 6,171,884 PG100123 Cleveland Street Improvements IV 1,160,000 PG100160 Elbow Road Extended Phase II-D 621,149 PG100213 Indian River Road Phase VII-B 665,423 PG100217 Indian River Road Phase VII-A 1,514,110 PG100239 Laskin Road Phase I-B 3,000,000 PG100268 Major Bridge Rehabilitation II 1,460,000 PG100278 Nimmo Parkway VII-B 1,358,911 PG100301 Parliament Drive Sidewalk Phase II 1,338,226 PG100340 Rosemont Road Phase V 770,293 PG100347 Rural Road Improvements II 250,000 PG100348 Rural Road Recurring Flooding,SLR&Resiliency 500,000 PG100381 Shore Drive Corridor Improvements Phase III 2,140,131 PG100383 Shore Drive Corridor Improvements Phase IV 4,000,000 PG100401 Street Reconstruction II 3,450,000 PG100422 Traffic Calming 250,000 PG100423 Traffic Safety Improvements IV 2,984,959 PG100425 Traffic Signal Rehabilitation II 2,900,000 PG100502 Citywide Street Lighting Improvements III 70,000 PG100522 Traffic Signal Retiming II 350,000 PG100529 Elbow Road Extended Phase II-B 3,683,540 PG100537 Dam Neck Road/Holland Road Intersection Improvements 456,658 PG100542 General Booth Boulevard/Oceana Boulevard Intersection Improvements 1,635,000 PG100546 North Great Neck/London Bridge/VA Beach Blvd Intersection Imp 2,367,995 PG100555 Parliament Dr.Sidewalk Phase I 928,234 PG100556 Sandbridge Road Sidewalk 99,508 PG100564 Holland Road Phase 1 16,800,000 PG100565 Holland Road Phase II 500,000 PG100634 Construction Engineering and Inspection(CEI)Program 3,500,000 PG100673 Pacific Avenue Turn Lanes 2,000,000 PG100682 Woodstock Road Sidewalk 150,000 PG100683 Leading Pedestrian Internal Intersection Improvements 35,000 Total Roadways Projects 74,111,021 Sewer Utility PG100327 Pump Station Program VI 10,050,000 PG100342 Royal Palm Arch Sanitary Sewer Rehabilitation 3,700,000 PG100361 Sanitary Sewer System Revitalization Program 111 5,034,733 City of Virginia Beach,Virginia Attachment A-Capital Budget Appropriations Project Number Projects Appropriations FY25 PG100371 Sewer Pump Repairs and Replacements 850,000 PG100440 Vacuum Valve Monitoring System 1,400,000 PG100458 ViBe District Sewer Improvements 1,300,000 PG100519 Sanitary Sewer Force Main Rehabilitation 1 3,700,000 PG100525 Landstown Yard Improvements IV 303,000 PG100526 Utilities Technology Support Program 300,000 PG100610 Aragona Village Sanitary Sewer System Improvements 3,250,000 Total Sewer Utility Projects 29,887,733 Storm Water PG100043 BMP Maintenance Program Phase 1 1,000,000 PG100053 Canal Management Phase 1 500,000 PG100161 Elizabeth River Watershed 100,000 PG100232 Lake Management II 3,307,611 PG100263 Lynnhaven River Basin Ecosystem Restoration Project 100,000 PG100264 Lynnhaven River Watershed Water Quality Projects II 125,000 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 PG100353 Atlantic Ocean Watershed Water Quality Projects 100,000 PG100380 Cave-In Repair Program 1,500,000 PG100390 Southern Canal/Lead Ditch and Culvert Improvements 2,390,000 PG100391 Southern Rivers Watershed 485,000 PG100395 Stormwater Pump Station Modifications 1,250,000 PG100397 Storm Water Quality Enhancements 11 1,150,000 PG100404 Surface Water Regulatory Compliance Program 1,450,000 PG100405 SW Infrastructure Rehabilitation&Improvements II 3,500,000 PG100472 Water Quality Cost Participation Projects 11 80,000 PG100515 Enhanced Neighborhood Rehabilitation-Phase 1 1,236,349 PR100669 Oceana Gardens Constructed Wetlands 2,010,000 PG100642 Providence Park Wet Pond Project 370,000 PG100671 Brigadoon Park Water Quality Improvement Project 1,630,000 Total Storm Water Projects 25,503,960 Water Utility PG100238 Landstown Yard Improvements IV 303,000 PG100432 Utilities Technology Support Program 300,000 PG100460 Vibe District Water Improvements 2,800,000 PG100470 Water Line Extension,Replacement&Rehab Program II 1,730,000 PG100471 Water Pump Repairs and Replacements 345,000 PG100478 Water Tap Installation Program II 175,000 PG100479 Water Transmission System Upgrade Program II 3,210,000 PG100518 Royal Palm Arch Water System Rehabilitation 2,550,000 PG100640 Stumpy Lake Dam Improvements 480,000 Total Water Utility Projects 11,893,000 City of Virginia Beach,Virginia Attachment A-Capital Budget Appropriations Project Number Projects Appropriations FY25 Flood Protection PG100512 USACE Regional Coastal Storm Risk Management Study 1,050,000 PG100548 Pungo Ferry Road Improvements 19,012,917 PG100551 Stormwater Green Infrastructure 5,000,000 PG100578 Stormwater Project Administration 1,000,000 PG100582 Stormwater Infrastructure Cost Participation 2,000,000 Total Flood Protection Projects 28,062,917 Schools PG601001 Renovation and Replacement Energy Management/Sustainability 2,500,000 PG601002 Tennis Court Renovations-Phase II 200,000 PG601015 Princess Anne High School Replacement 1,500,000 PG601016 Energy Performance Contracts-Phase II 2,500,000 PG601017 Renovations and Replacements-Grounds III 2,000,000 PG601018 Renovations and Replacements-HVAC III 25,500,000 PG601019 Renovations and Replacements-Reroofing III 8,800,000 PG601020 Renovations and Replacements-Various III 2,650,000 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 17,500,000 PG601033 Comprehensive Long Range Facilities Master Planning 200,000 Total Schools Projects 63,800,000 Total Capital Budget 418,531,838 City of Virginia Beach, Virginia Attachment B- Capital Budget Financing Sources Financing Sources Capital Budget Charter Bonds 67,876,279 Developer Contribution 119,733 Federal Contribution 37,637,627 Fund Balance - General Fund 36,570,416 Fund Balance -School Reserve Special Revenue Fund 11,000,000 Fund Balance - Parks and Recreation 5,000,000 General Appropriations 51,828,624 Lease of Property 98,172 Private Contribution 574,493 Public Facility Bonds 90,661,964 Retained Earnings - Storm Water Utility 2,000,000 Retained Earnings - Water and Sewer Fund 5,000,000 Sale of Property 579,668 State Contribution 49,211,483 Storm Water Utility Bonds 6,982,612 Storm Water Utility Fund 16,644,767 Water and Sewer Bonds 28,746,000 Water and Sewer Fund 8,000,000 Total Capital Budget 418,531,838 City of Virginia Beach,Virginia Attachment C-Transfers Appropriations Prior to Project# FY2024-25 Public Education Transfer To: 601018 Renovations and Replacement HVAC III 8,283,830 601019 Renovations and Replacements - Reroofing III 5,374,260 601020 Renovations and Replacements -Various III 2,182,178 601028 B.F. Williams Elementary/Bayside 6th (Grades 4-6) Replacement 43,268,780 Total Transfer To: $ 59,109,048 Transfer From: 601015 Princess Anne High School Replacement (43,268,780) 601029 Bayside High School Replacement (15,840,268) Total Transfer From: $ (59,109,048) Roadways Transfer To: 100633 Atlantic Avenue Pedestrian Improvements 372,667 100058 Centerville Turnpike Phase III (Smart Scale) 1,399,693 100160 Elbow II-D 433,000 100171 Ferrell Parkway 216,055 100183 First Colonial Rd/Virginia Beach Blvd Intersection Improvements 721,000 100647 Independence Blvd/Pleasure House Intersection 32,718 100217 Indian River Road Phase VII-A 3,555,693 100546 N Great Neck/London Bridge/Virginia Beach Blvd Intersection 415,214 119234 Northampton Blvd/Diamond Springs Road Intersection 710,029 100555 Parliament Drive Sidewalk Phase 1 465,131 100301 Parliament Drive Sidewalk Phase II 272,281 100356 Sandbridge Road - Nimmo VII-A 1,056,965 100556 Sandbridge Road Sidewalk 341,894 Total Transfer To: $ 9,992,340 Transfer From: 100057 Centerville Turnpike Phase II (1,399,693) 100212 Independence/Baxter Sidewalk (90,324) 100213 Indian River Road Phase VII-B (3,365,241) 100214 Indian River/Kempsville Intersection (400,000) 100246 Lesner Bridge (775,000) 100524 Pleasure House Road Phase 1 (940,000) 100627 Relocation of 19th Street & Pacific Avenue Signal (406,180) 100348 Rural Road Recurring Flooding, SLR & Resiliency (1,000,000) 100355 Sandbridge Bridge (155,000) 100424 Traffic Safety Improvements III (414,215) 100481 West Great Neck Road Sidewalk (246,687) 100492 Witchduck Phase II (800,000) Total Transfer From: $ (9,992,340) City of Virginia Beach,Virginia Attachment C-Transfers Appropriations Prior to Project# FY2024-25 Flood Protection Transfer To: 100365 Sea Level Rise Recurrent Flooding Analysis 75,469 100486 Windsor Woods Drainage 500,000 100280 North Lake Holly Watershed 800,000 Total Transfer To: $ 1,375,469 Transfer From: 100018 Aragona Drainage Improvements (18,547) 100029 Baker Road Culvert and Ditch Improvements (15,723) 100520 Southern Rivers Watershed Stormwater Projects (150,776) 100315 Princess anne Plaza Drainage Area (3,449) 100417 The Lakes Drainage Improvements (160,058) 100487 Windsor Woods Pump Station (500,000) 100273 Neighborhood Stormwater Infrastructure Improvements (526,916) Total Transfer From: $ (1,375,469) Stormwater Transfer To: 100671 Brigadoon Park Water Quality Improvement Project $ 1,120,000 100566 Chatham Hall Water Quality Improvements Projects $ 210,000 100567 Kemps Lake Water Quality Improvement Project $ 400,000 Total Transfer To: $ 1,730,000 Transfer From: 100032 Bayville Lake Water Quality (1,730,000) Total Transfer From: $ (1,730,000) Economic and Tourism Development Transfer To: 100606 Atlantic Park Offsite 1,600,000 100146 Atlantic Park Entertainment Venue 200,000 Total Transfer To: $ 1,800,000 Transfer From: 100147 Atlantic Park Parking (1,800,000) Total Transfer From: $ (1,800,000) City of Virginia Beach, Virginia Attachment C-Transfers Appropriations Prior to Project# FY2024-25 Coastal Transfer To: 100450 Various Dredging 51,188 100636 Sandbridge Beach Replenishment III 501,468 Total Transfer To: $ 552,656 Transfer From: 100036 Beach Profile Monitoring (51,188) 100352 Sandbridge Beach Replenishment II (501,468) Buildines &Assets Transfer To: 100446 Various Buildings Rehabilitation and Renewal 1,182,084 100463 Virginia Aquarium Renewal and Replacement III 156,815 100653 HRC Renovations 196,490 Total Transfer To: $ 1,535,389 Transfer From: 100019 Arc Flash Mitigation (1,182,084) 100513 Aquarium Monument Sign (156,815) 100584 HRC Elevator (196,490) Total Transfer From: $ (1,535,389) Information Technolok, Transfer To: 100657 My Revenue System Cloud Migration 3,250,000 Total Transfer To: $ 3,250,000 Transfer From: 100514 Real Estate Software Revitalization (3,250,000) $ (3,250,000) Total Transfer From: Sewer Utility Transfer To: 100526 Utilities Technology Support Program 496,955 Total Transfer To: $ 496,955 Transfer From: 100143 Customer Info System Version Migration (496,955) Total Transfer From: $ (496,955) City of Virginia Beach, Virginia Attachment C-Transfers Appropriations Prior to Project# FY2024-25 Miscellaneous Transfer To: 100074 21st Century Enterprise Resource Planning (HCM) 1,225,577 100308 Police Department Helicopter 782,619 100660 Indian River Road Safety Improvements 1,000,000 Total Transfer To: $ 3,008,196 Transfer From: 100068 Sheriff Inmate Tracking (167,975) 100619 Check Processing (230,519) 100157 Economic Development Investment Program II (737,487) 100181 Fire Station Burton Station (19,737) 100120 City Hall Construction (127,930) 100112 Police Radio Encryption (279,397) 100097 Fire Mobile Repeaters (143,143) 100140 Master Control (10,064) 100095 Enterprise Scheduling (82,754) 100075 Enterprise Resource Planning (119,365) 100457 Veterans Memorial (89,825) 100511 Southern Rivers Watershed Site Acquisition Program (1,000,000) Total Transfer From: $ (3,008,196) City of Virginia Beach,Virginia Attachment D-Reductions in Funding Amount of Reduction in Appropriations Prior to Funding Project# FY2024-25 Source Roadways 100584 Housing Resource Center Elevator $ (1,267,510) Federal Contribution 100062 Central Resort District Drainage $ (500,000) Federal Contribution 100210 Hurd's Cove Neighborhood Dredging $ (320,058) Private Contribution 100308 Police Department Helicopter $ (1,019,636) Sale of Equipment 100364 Schilling Point Neighborhood Dredging $ (18,925) Private Contribution 100577 Strategic Site Acquisition and Disposition $ (1,550,000) Sale of Property Total Reduction: $ (4,676,129) City of Virginia Beach,Virginia Attachment E-Projects Utilizing Public Facility Bonds Summary of Public Facility Bonds: 601016 Energy Performance Contracts Phase II (115 School Operating) $ 2,500,000 601028 B.F. Williams Elementary/Bayside 6th Replacement(115 School Operating) $ 15,000,000 100165 Energy Performance Contracts II (100 General Fund) $ 550,000 100677 Waste Management Facility Replacement (530 Fund Waste Management) $ 294,040 100676 Mosquito Control Replacement(100 General Fund-SW Lockbox) $ 262,500 100667 Rudee Loop Park Development(241 TIP Fund) $ 6,000,000 100048 Burton Station Road Improvements III (100 General Fund) $ 3,120,000 100300 Atlantic Avenue Street Improvements (241 TIP Fund) $ 11,000,000 100629 Sports Tourism Infastructure (241 TIP Fund) $ 12,578,900 100630 17th Street Regional Stormwater Facility(241 TIP Fund) $ 15,930,000 100001 17th Street Improvements- Phase 1 (241 TIP Fund) $ 23,426,524 $ 90,661,964 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. 13 ITEM—I1.1.b.2 ORDINANCES ITEM#75674 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN-RECONCILED PROPOSAL: b. FY2024-25 CAPITAL BUDGET 2. Ordinance to AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of$71,116,108 re various public facilities and general improvements Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 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 $71,116,108 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$71,116,108, 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 for 11 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$71,116,108 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 $71,116,108 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. Adopted by the Council of the City of Virginia Beach,Virginia,on the 14 t hday of May, 2024. Approved as to Content: Approved as to Legal Sufficiency: Z_ —4M�t� udget and Management Servi es Li rne�yrs O ice CA16450/R-1/March 6,2024 14 ITEM—Ill.b.3 ORDINANCES ITEM#75675 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: b. FY2024-25 CAPITAL BUDGET 3. Ordinance to AUTHORIZE the issuance ofStormwater Utility System Revenue Bonds in the maximum amount of$6,982,612 Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 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$6,982,612 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 $6,982,612 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$6,982,612 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 $6,982,612 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. 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 14 t hday of May, 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Cit ttorn s Office CA16451 R-1 March 6, 2024 15 ITEM—II.1.b.4 ORDINANCES ITEM#75676 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: b. FY2024-25 CAPITAL BUDGET 4. Ordinance to AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of$28,746,000 Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 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$28,746,000 4 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$28,746,000 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 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$28,746,000 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 $28,746,000 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. 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 the14 t h day of May, 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services i ttorney s Office CA16452 R-1 March 6,2024 16 ITEM-111.b.5 ORDINANCES ITEM#756 77 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: b. FY2024-25 CAPITAL BUDGET 5. Resolution to AFFIRM 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 (VD OT) Voting: 10- 1 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond,Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 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 its local share of preliminary engineering, right-of-way, and 15 construction, as applicable, of the projects under agreement with the Virginia Department of 16 Transportation in accordance with the project financial documents through appropriation in its Operating 17 Budget and 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 the L4 �hy of May, 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B get and Management Services Attorneys Office CA16453 R-1 March 6, 2024 17 ITEM—I1.1.b.6 ORDINANCES ITEM#756 78 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED Ordinance re FY2024-25 RESOURCE MANAGEMENT PLAN—RECONCILED PROPOSAL: b. FY2024-25 CAPITAL BUDGET 6. Ordinance to EXTEND the Sunset date to June 30, 2025 provided in Ordinance#3625 re allow the completion of the City's Second Disparity Study Voting: 10- 1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson,Amelia Ross-Hammond, Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: None May 14, 2024 1 AN ORDINANCE TO EXTEND THE SUNSET PROVISION PROVIDED IN 2 ORDINANCE #3625 TO ALLOW THE COMPLETION OF THE CITY'S 3 SECOND DISPARITY STUDY 4 WHEREAS, the City completed its first disparity study(the "Study"), and the results were provided to the 5 City Council in January 2019; 6 7 WHEREAS, the Study found a statistically significant disparity between the availability and utilization in 8 construction for Asian American-owned, Black American-owned,and Hispanic American-owned businesses; 9 10 WHEREAS,based on the Study and the findings therein,the City Council adopted Ordinance#3625 on June 11 16, 2020; 12 13 WHEREAS, Ordinance #3625 accepted the findings of the Study, which provided there was a substantial 14 underutilization of minority-owned businesses in City construction contracting,adopted City Code§2-224.14,which 15 created the Project Goal Program,and established a sunset date of June 30,2024; 16 17 WHEREAS,the City expects to receive the results of its second disparity study during Fiscal Year 2024-25; 18 19 WHEREAS, the City's minority construction utilization in the most recent reported fiscal year, Fiscal Year 20 2021-22,was 6.2%, and that utilization would result in substantial underutilization to the 10.2%market availability 21 reported in the Study; 22 23 WHEREAS,in light of the best available evidence suggesting a race conscious remedy remains necessary,an 24 extension of the Project Goals Program will allow the completion of the second disparity study without creating a 25 timing gap in the Project Goals Program pending receipt of the information in the second disparity study; 26 27 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA THAT: 28 29 1. The City Council accepts the minority construction utilization(6.2%)in the most recent reported fiscal year, 30 Fiscal Year 2021-22,which provides a substantial underutilization to the 10.2%market availability reported 31 in the Study. 32 33 2. The expiration and repeal date set forth in Ordinance #3625 is hereby extended to June 30, 2025. 34 Notwithstanding the preceding,if the results of the second disparity study are presented to the City Council 35 earlier than May 1, 2025, the extension provided herein shall lapse at the conclusion of the fiscal year 36 quarter during which the results of the second disparity study are presented to the City Council. Adopted by the Council of the City of Virginia Beach,Virginia,on the 14 t hday of May,2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services C' Attorneys ice CA16454 R-1 March 6, 2024 18 ADJOURNMENT ITEM#756 79 Mayor Robert M. Dyer DECLARED the City Council SPECIAL FORMAL SESSION ADJOURNED at 6:33 P.M. 6 Terri ie zus Chief Deputy City Clerk AmanLiBarnles V V Robert M. Dyer City Clerk,MMC Mayor City of Virginia Beach Virginia May 14, 2024