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March 26, 2013 <br />1. Pat Simons, 801 Mimosa Road, spoke in opposition to this item. <br />Motion by Mr. Edmonds, and seconded by Mr. Meeks, to adopt the following <br />ordinance, and was adopted by the following vote: <br />"ORDINANCE TO APPROPRIATE $575,910 IN ADDITIONAL REVENUE AND <br />$1,421,512 IN ADDITIONAL EXPENDITURES IN THE FY 2012-13 GENERAL FUND <br />AND TO APPROPRIATE ADDITIONAL EXPENDITURES OF $700,000 IN THE FY <br />2012-13 HEALTH INSURANCE FUND." <br />Ayes: Cherry, Edmonds, Meeks, Moody, Psimas, Randall, Wright <br />Nays: None <br />13 - 140 -Adoption of an ordinance to appropriate $50,000 in the FY 2012-13 <br />General Fund for the purpose of reimbursing the Economic Development <br />Authority of the City of Portsmouth, Virginia for payment of legal fees incurred in <br />opposing the imposition of tolls on the Downtown and Midtown Tunnels and the <br />Martin Luther King Connector. Vision Principles: Efficient, Responsive <br />Government and Change and New Directions. <br />Background: <br />• In December 2011, Governor McDonnell signed a comprehensive agreement <br />valued at $2.1 billion with Elizabeth River Crossing OpCo (ERGO) to finance, design, <br />build, maintain and operate the Downtown and Midtown Tunnels and the MLK <br />extension. <br />• On February 28, 2012, City Council adopted a resolution formally stating its <br />opposition to tolls as a funding means for the projects, urged the Portsmouth Delegation <br />to General Assembly to oppose Governor's budget until tolls were removed from <br />construction financing, and urged citizens to voice their opposition to Governor and <br />representatives in the General Assembly. <br />• On July 12, 2012, residents and business operators from Portsmouth and other <br />Hampton Roads cities filed suit in Portsmouth Circuit Court against the Virginia <br />Department of Transportation (VDOT) and ERC on behalf of the plaintiffs, the Citizens <br />Against Unfair Tolls. <br />• On February 12, 2013, City Council, by resolution, restated its opposition to the <br />proposed tolls and declared its support for the lawsuit. <br />Discussion: <br />• The imposition of tolls creates an undue burden on Portsmouth residents, costing <br />an average household more than $1,000 annually for routine trips in the region. Toll <br />costs are even greater for Portsmouth residents, visitors and tourists who have not <br />purchased an EZPass transponder. Furthermore, toll rates are scheduled to increase <br />over the life of the 58-year contract by an indexed escalation factor. <br />• Despite the massive investment in the Midtown Tunnel, there will be no <br />appreciable improvement in travel time for the eastbound morning commute because of <br />unimproved level of service on Hampton Boulevard. <br />• While some service level improvement is achieved for Portsmouth streets with <br />the MLK Connector, there is a corresponding loss of business in the Mid-Town business <br />district because of limited access. <br />• The reputation of the region as ahighly-congested metropolitan area is only <br />nominally improved with these construction projects, and will be instead damaged by <br />the cost and frustration to visitors of toll charges. <br />• With the appropriation of $50,000 to efforts opposing the tolls, the City increases <br />the likelihood that many years and dollars of unnecessary expense by Portsmouth <br />citizens will be averted. <br />Financial Impact: <br />• Appropriation of $50,000 in the FY14 General Fund Budget from unrestricted <br />Fund Balance. <br />Recommended Action: <br />• Adoption of resolution. Vision Principle: Efficient, Responsive Government and <br />Change and New Directions. <br />