MARCH 1, 2005 AGENDACITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRYE. DIEZEL Kempsville - District 2
ROBERT M DYER, Centerville - District I
REBA S. McCLANAN, Rase Hall - District 3
RICHARD A. MADDOX,, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT, At -Large
RONA. VMLANUEVA, At -Large
ROSEMARY WILSON, At -Large
.LAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
I.
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
BRT BUS RIDE/TOUR
CITY COUNCIL AGENDA
1 MARCH 2O05
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
FAX (757) 426-5669
II. CITY MANAGER'S BRIEFINGS - Conference Room -
1. IMPACT OF TRI-CITY PROPERTIES
H. Clay Bernick, Environmental Management Program Administrator
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA ITEMS
E-MAIL: Ctycncl@vbgov.com
2:00 PM
3:00 PM
11
VI. INFORMAL SESSION
- Conference Room -
4:30PM II
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
II VII. FORMAL SESSION
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Jimmy Bennett, Sr.
Pastor - Avalon Church of Christ
6:OOPM II
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS February 22, 2005
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
1. Thoroughgood Elementary School Cup for Adam Thoroughgood House
I. PUBLIC COMMENT
1. Surry Regulations
2. Police Firing Range
J. CONSENT AGENDA
K. ORDINANCES
1. Ordinance to AMEND City Code § 6-12 re riding horses or any animal and operating or
driving a vehicle on the public beaches or the sand dunes within the City.
2. Ordinance to AMEND the City's Open Air Caf6 regulations to AUTHORIZE Atlantic
Avenue sidewalk cafes between 15th and 24th Streets and ESTABLISH criminal penalties for
the failure to comply with orders closing or revoking the franchises for such cafes
(Deferred February 8th and 22n1, 2005)
3. Ordinance to APPROPRIATE $989,127 from the Tourism Advertising Program Revenue
Fund to the FY 2004-05 operating budget of the Convention and Visitor Bureau for tourism
marketing -related activities
4. Ordinances to ACCEPT and APPROPRIATE funds to the Fire Department FY 2004-05
operating budget re:
a. $508,900 from Department of Homeland Security and $218,000 of additional State
revenue re retrofitting exhaust removal systems
b. $50,000 from the Department of Health and Human Services re the Medical Reserve
Corps Grant
c. $42,857 from the Virginia Department of Emergency Management re specialized
equipment for the Virginia Task Force 2 Urban Search and Rescue Team (FEMA)
5. Ordinance to TRANSFER $118,000 from Virginia Marine Science Museum Renewal and
Replacement and $49,506 from VMSM Phase III to Virginia Marine Science Museum
original exhibit gallery renovation re architectural and engineering services for the
renovation of the Aquarium.
L. APPOINTMENTS
Community Policy and Management Team — CSA At Risk
Community Services Board
Francis Land House Board of Governors
Health Services Advisory Board
Human Rights Commission
Investment Partnership Advisory Committee
Minority Business Council
Parks and Recreation Commission
Personnel Board
The Planning Council
Towing Advisory Board
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
PUBLIC COMMENTS
Non Agenda Items
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 4274303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
Agenda 03/01/05BIB
www.vbgov.com
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the City Code Pertaining to Riding Horses Or
Driving Vehicles on the Beach or Dunes
MEETING DATE: March 1, 2005
■ Background: City Code § 6-12 prohibiting horseback riding and vehicle
operation on City beaches and dunes contains an exception that was originally included
in order to accommodate a residence near Little Island Park. That residence no longer
exists, so the exception is no longer appropriate. Additionally, this obsolete language
has lead to past confusion regarding the legality of riding horses on the beaches and
dunes located within the Back Bay Wildlife Refuge.
■ Considerations: Amending § 6-12 of the City Code will remove obsolete
language that may cause confusion regarding the lawfulness of riding horses on those
portions of the beach located in the Refuge.
■ Public Information: This item will be advertised in the same manner as other
items on City Council's agenda.
■ Recommendations: Adopt Ordinance
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Parks and Recreation
City Manager: S ��
1 AN ORDINANCE TO AMEND THE CITY
2 CODE PERTAINING TO RIDING HORSES
3 OR DRIVING VEHICLES ON THE BEACH
4 OR DUNES
5
6 SECTION AMENDED: § 6-12
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 6-12 of the City Code is hereby amended, to
12 read as follows:
13 Sec. 6-12. Riding horses or driving vehicles on beach
14 or dunes.
15
16 (a) It shall be unlawful for any person to ride a horse or
17 any other animal or to operate or drive a vehicle of any kind on
18 the public beaches or upon the sand dunes within the city_r
19 emeept that area between the eeean and sand dthaes seuth ef the
21
22 p i aee—e f res-i deRe).
23 (b) The provisions of this section shall not apply to the
24 police mounted patrol, city vehicles operated while cleaning or
25 working on the beach, police and emergency vehicles, erosion
26 commission vehicles, vehicles of net fishermen operating under
27 proper permits, or vehicles operated by physically handicapped
28 persons by permission of the city manager or his designee.
29
30
31
32
33
34
35
36
37
COMMENT
This amendment removes the exception that allows vehicle operation and travel by animal
on the beach area south of the exit ramp at the southern end of Little Island Recreation Park.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of
APPROVED AS TO CONTENTS:
5zZ - -.- --
Park d eation
CA-9501
GG/ORDRES/PROPOSED/006-12ord.doc
R2
February 17, 2005
2
2005.
APPROVED AS TO LEGAL
SUFFICIENCY:
( #_;
City Attorney
J
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Revise the City's Open Air Cafe Regulations
to Authorize Atlantic Avenue Sidewalk Cafes between Ieh and
24"' Streets and Establish Criminal Penalties for the Failure to
Comply with Orders Closing or Revoking the Franchises for
Such Cafes
MEETING DATE: March 1, 2005
■ Background:
The proposed revisions to the City's Open Air Cafe Regulations were considered
by the Council on February 8, 2005 and deferred to February 22, 2005.
■ Considerations:
Staff is continuing to develop language concerning a requirement for
aesthetically pleasing fagades, (and improvements if necessary) for outdoor
cafes on Atlantic Avenue between 15th and 24th Streets.
■ Recommendations:
It is recommended that this matter be deferred once again to March 8, 2005 to
develop criteria for fagade improvements.
Recommended Action: Deferral to March 8, 2005.
Submitting Depart nt/Agency: Virginia Beach Convention and Visitors Bureau
City Manager: �
HAPA\GG\ORDRES "sbpenairregsar£doc
1 AN ORDINANCE TO AMEND THE CITY'S
2 OPEN AIR CAFE REGULATIONS TO
3 AUTHORIZE ATLANTIC AVENUE SIDEWALK
4 CAFES BETWEEN 15TH AND 24TH STREETS
5 AND ESTABLISH CRIMINAL PENALTIES
6 FOR THE FAILURE TO COMPLY WITH
7 ORDERS CLOSING OR REVOKING THE
8 FRANCHISES FOR SUCH CAFES
9
10 WHEREAS, by resolution adopted November 15, 1985, City
11 Council authorized the City Manger to promulgate Open Air Caf6
12 Regulations, which have been amended, from time to time, to
13 address concerns and issues that have arisen during the
14 operation of these cafes;
15 WHEREAS, these Regulations have, to date, prohibited
16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets;
17 WHEREAS, a pilot program permitting sidewalks cafes in
18 this area was conducted during the summer of 2004; and
19 WHEREAS, after the success of this pilot program, a
20 modification to the Regulations that would permit sidewalk cafes
21 on Atlantic Avenue between 15th and 24th Streets has been
22 proposed.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25 1. That the City Manager is hereby authorized to
26 amend the Open Air Caf6 Regulations to permit sidewalk cafes on
27 Atlantic Avenue between 15th and 24th Streets, as detailed in the
28 proposed revisions presented to the City Council.
29
2. That
any owner, operator or
employee
of
an open
30
air cafe located on
Atlantic Avenue between
15th and
24th
Streets
31
who willfully fails or refuses
to comply with a lawful order of
32
a public
safety official of the
City of Virginia Beach to close
33
such open
air caf6 immediately
or at such later time as may be
34
directed
by such public safety
official, for reasons of crowd
35
control,
unruly behavior either
within the establishment or in
36 nearby areas or for other reasons related to preservation of
37 public safety or public order, shall be guilty of a misdemeanor
38 punishable by confinement in jail for not more than thirty (30)
39 days and a fine of not more than One Thousand Dollars ($1, 000) ,
40 either or both.
41
3. That, upon
revocation or suspension
by the City
42
Manager of a franchise to
operate an open air cafe
on Atlantic
43
Avenue between 15th and
24th Streets, any owner
or operator
44
failing to comply with the
order of the City Manager
revoking or
45
suspending such a franchise
shall be guilty of a
misdemeanor
46
punishable by confinement
in jail for not more than
thirty (30)
47
days and a fine of not more than One Thousand Dollars
($1,000),
48
either or both.
M
2
50 Adopted by the Council of the City of Virginia Beach,
51 Virginia, on the day of , 2005.
CA-9487
OID/ordres/openairregsord.doc
R-5
January 24, 2005
APPROVED AS TO CONTENT:
Virginia Beach
Convention and
Visitors Bureau
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney' Office
9
REVISED RESORT OPEN AIR CAFE REGULATIONS
SECTION 1. GENERAL PURPOSE
Rev. 03/01 /05
1. The Resort Open Air Cafe regulations are for the RT-1, RT-2, and RT-3 zoning
districts located in the resort area specifically identified as adjacent to the
Boardwalk, Connector Parks, Atlantic Avenue, or Atlantic Avenue side streets.
The regulations are designed to encourage cafes where they are appropriate, and
promote an ambiance conducive to public health, safety, general welfare, and
would serve as a public amenity. These general goals include, among others, the
following specific purposes:
LLA To promote cafes as visual amenities which improve the appearance and
pedestrian ambience of the Boardwalk, Connector Parks, Atlantic Avenue
sidewalks, and Atlantic Avenue side streets.
LLB To preserve and enhance the character of the resort area.
LLC To ensure that adequate clearance is maintained for pedestrians and
bicyclists adjacent to cafes.
1.1.1) To establish administrative and enforcement procedures for Open Air
Cafes that are effective, efficient, and enforceable.
1.1.E To promote the construction of lightweight removable structures and the
most desirable use of public property. Materials permitted for use in cafe
construction are indicated in Section 5, "Cafe Requirements". The
structure must be dismantled easily and not permanently attached to
adjacent building.
SECTION 2. DEFINITIONS
2.1 Resort Open Air Cafe is an outdoor restaurant directly adjoining an existing
restaurant facility in the RT-1, RT-2 or RT-3 Zoning District which is exempt
from additional off-street parking requirements. Cafes are franchised to operate
on public property and are required to provide waiter and waitress full table
service in a specific semi -enclosed space as described herein. No portion of an
Open Air Cafe shall be used for any purpose other than dining or related
circulation. Cafes must have direct access to the host restaurant. All cafes and the
required adjacent/operating business will meet all ADA Standard disability access
requirements (including rest room facilities). There are four types of cafes.
2.1.A Cafe employees shall not prepare or pour alcoholic beverages for delivery
or sale to patrons within any category A, B, C, or D cafe; provided, however, that
patrons may consume alcoholic beverages in these cafes in compliance with state
regulations.
2.1.B Solicitation of any type, as described in Section 26-3 of the City code,
from any cafe will result in immediate termination of franchise agreement.
Category A - Boardwalk Cafe. A resort open air/boardwalk cafe is located on
public property facing the boardwalk in the RT-1 zoning district.
Category B - Connector Park Cafe. A resort connector park caf6 is to be
located on public property in a Connector Park in the RT-1 zoning districts. The
Caf6 is not to extend East of the building's property line.
Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue sidewalk
caf6 is to be located on the public sidewalk along Atlantic Avenue directly
adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes a e
{ tea.. v
Category D - Atlantic Avenue Side Street Cafe. A resort side street caf6 is to
be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning
district; is to be located on public property; and is to be located on side streets
only between Atlantic and Pacific Avenues. No cafes are authorized west of
Pacific Avenue.
Category E - Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. An
Atlantic Avenue-15 to 24 Streets sidewalk caf6 is to be located on the public
.. .. . .. , • ., '' - ---- - -------,-* - _ + .._ «+ F -1.+..
is A
SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFE PROGRAM
3.1 Fast Food Establishments. An establishment franchised or otherwise that offers
quick food service of items already prepared and held for service, or prepared,
fried, griddled quickly or heated in a device such as a microwave oven. Orders
are not generally taken at the customer's table and food is generally served from a
counter in disposable wrapping or containers, exclusive of full waiter/waitress
table service. Fast Food establishments will not be considered for outdoor cafes.
SECTION 4. ENTERTAINMENT/AMPLIFIED MUSIC
4.1 Live or recorded entertainment is allowed under the following conditions in all
outdoor cafes:
4.1.A During the hours 12:00 p.m. to 11:00 p.m.
4.1.11 Solo or duo live entertainment only. Connecting cafe do not constitute
more than one entertainment venue.
4.1.0 All patrons of cafes shall be seated when being served in the cafe area.
4.1.1) The cafe franchise agreement administrator/city officials shall have the
sole discretion in determining if the music sound level emanating from the
cafe is considered loud or disturbing. Amplification of music shall be
directed within cafe area.
4.1.E Cafe operators shall receive one written warning that the music is not
complying to the cafe regulations. Upon notice of a second violation, the
cafe will forfeit their entertainment within the cafe. Continued violations
or disregard will be grounds to terminate the cafe franchise agreement.
SECTION 5. CAFE REQUIREMENTS
5.1 Category A - Boardwalk Cafe. A resort open air/boardwalk cafe is located on
public property facing the boardwalk in the RT-1 zoning district.
5.1.A Setbacks: Category A cafes shall have a minimum setback often (10) feet
form the western edge of the bicycle path. Pending review of specific cafe
site plans, additional setbacks and clear path space may be required.
5.1.11 Floor: Floor shall be a smooth clean permanent surface as required by the
City of Virginia Beach Health Department. Footings, pavers and concrete
flooring are permissible.
5.1.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30)
inches in height and maximum 42" height. It shall be constructed of
finished painted wood, factory -finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.1.1) Canopy: Boardwalk Cafes shall have a soft top, temporary canopy
constructed as specified herein. The canopy shall only cover the top of
the Boardwalk Cafes, except that transparent vinyl or plastic curtains may
be used on the sides as windbreaker. At no point shall the height of the
canopy be lower than eight (8) feet above the floor of the Boardwalk Cafe.
The valence of the awning shall not exceed twelve (12) inches in width.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
5.1.E Fixtures: The furnishings of the interior of a resort open air cafe shall
consist solely of moveable tables and chairs and decorative accessories. In
no event shall such objects penetrate the exterior perimeter boundary or
the canopy. Planter boxes on cafe railing are allowed. All movable objects
required for operation of a resort cafe shall be removed from the cafe area
and stored out of view during adverse weather conditions acclaimed by the
City during, the off-season, or when the cafe is not in operation for more
than a five (5) day period. These objects include tables, chairs,
furnishings, and decorative fixtures.
5.1.F Planting: Planting shall be provided and properly maintained by the
owner/applicant around the perimeter of the Boardwalk Cafe. One
planting bed of not less than five (5) feet nor more than ten (10) feet. The
City Landscape Services Department shall review and approve the
applicants landscape plan prior to operating the cafe.
5.1.G Access: Only one well-defined entrance opening connected to an existing
or new walkway system which connects to the boardwalk should be
permitted. Access will meet all ADA Standard Disability Access
requirements.
5.1.H Size: Improvements on public property are limited to a cafe (maximum
800 sq. ft.) and one five (5) foot walkway.
5.1.I Maintenance: Cleanup and necessary maintenance of the area of a Resort
Open Air/Boardwalk Cafe including landscape areas and City property
adjacent to cafe is the sole responsibility of the designated franchisee.
5.1.J Lighting: Only incandescent lighting, candles, Christmas lights, and
ceiling fans are permitted on the interior of the Boardwalk Cafe.
5.1.K Storage: Storage of any kind is not permitted on public property;
including trash or refuse.
5.1.L Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square
feet. The name of the establishment may be painted or sewn in a single
location on the valence of the canopy with a maximum of eight (8)-inch
lettering.
5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be
integrated with the cafe improvements. The bicycle parking area will be
approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or
similar paved area with a single load bicycle rack. This area will not be
4
included in franchise cafe area allowance, however, it should be made
available for general public use.
5.2 Category B - Connector Park Cafe. A resort connector park cafe is to be
located on public property in a Connector Park in the RT-1 zoning districts. The
Cafe is not to extend East of the building's property line.
5.2.A Setbacks: Category B Cafes shall be a required to have minimum setback
of ten (10) feet from the Atlantic Avenue curbline. The Cafe is not to
extend East of the building's property line. Pending review of specific cafe
site plans, additional setbacks and clear path space may be required.
5.2.B Floor: The existing paved park surface may be used. In addition to floor
requirements, the floor shall be a smooth clean permanent surface as
required by the City of Virginia Beach Health Department. Footings,
pavers and concrete flooring are permissible.
5.2.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30)
inches in height and maximum 42" height. It shall be constructed of
finished painted wood, factory -finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.2.D Canopy: Canopies are permitted but not required. If specified, canopies
for Category B Cafes (Connector Park Cafes) should have a soft top,
temporary canopy constructed as specified herein. The canopy shall only
cover the top of Category B Cafes (Connector Park Cafes), except that
transparent vinyl or plastic curtains may be used on the sides as
windbreaker. At no point shall the height of the canopy be lower than
eight (8) feet above the floor of the Category B Cafe (Connector Park
Cafes). The valence of the awning shall not exceed twelve (12) inches in
width. Umbrellas are permitted.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
5.2.E Fixtures: The furnishings of the interior of a resort open air cafe shall
consist solely of moveable tables and chairs and decorative accessories. In
no event shall such objects penetrate the exterior perimeter boundary or
the canopy. Planter boxes on cafe railing are allowed. All movable objects
required for operation of a resort cafe shall be removed from the cafe area
and stored out of view during adverse weather conditions acclaimed by the
City during, the off-season, or when the cafe is not in operation for more
than a five (5) day period. These objects include tables, chairs,
furnishings, and decorative fixtures.
5.2.F Planting: Additional planting may be required by City Staff for Category
B Cafes (Connector Park Cafes). The City Landscape Services
Department shall review and approve the applicants landscape plan.
5.2.G Access: One well-defined opening is required. Orientation of that opening
will be reviewed by the City staff according to pedestrian safety and the
aesthetic requirements of each location. Access will meet all ADA
Standard Disability Access requirements.
5.2.H Size: Improvements on public property are limited to a cafe (maximum
800 sq. ft.).
5.2.I Maintenance: Cleanup and necessary maintenance of the area of a
Category B (Connector Park Cafe) including landscape areas and City
property adjacent to cafe is the sole responsibility of the designated
franchisee.
5.2.J Lighting: Only incandescent lighting, candles, Christmas lights, and
ceiling fans are permitted on the interior of the Category B Cafe
(Connector Park Cafe).
5.2.K Storage: Storage of any kind is not permitted on public property;
including trash or refuse.
5.2.L Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square
feet. The name of the establishment may be painted or sewn in a single
location on the valence of the canopy with a maximum of eight (8)-inch
lettering. If umbrellas are used the name of the cafe may appear on the
valence of each umbrella.
5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed in the
Connector Parks. Category B Cafes (Connector Park Cafes) must use
existing parking racks.
5.2.N Service Bar Openings: Service bar openings for waiter/waitress use are
allowed into a Connector Park Cafe only. Service bar opening will be
maximum of 5 feet wide. Operation of bar must meet all ABC
regulations.
5.3 Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue
Sidewalk Cafe is to be located on the public sidewalk along Atlantic Avenue
directly adjoining an existing restaurant facility in the RT-2 Zoning Districts.
Cafes between 15th and 24th Streets on Atlantic Avenue will
be permitted separately as Category E cafes. Canopies are not allowed for
6
Category C cafes. However, awnings are permitted as defined in Section 5.3.D,
Awnings. Category C Cafes are to be temporary in nature and designed so that all
chairs, tables, planters, fences, etc. can be removed during periods of non-use.
5.3.A Setback: Category C Cafes are required to be setback a minimum of eight
(8) feet from the curb line and all obstructions in the public right-of-way.
Pending review of specific cafe site plans, additional setbacks and clear
path space may be required. The minimum distance shall be measured
from the portion of the cafe frontage which is nearest the obstruction. For
the purpose of these guidelines obstructions shall be defined as vertical
public infrastructure improvements such as traffic signal poles, sign poles,
light poles, planting areas, trees, trash receptacles, benches, bike racks,
parking meters, etc.
5.3.B Floor: Only the existing paving or sidewalk is to be used for placement of
removable cafe furnishings. Should the building be setback from the curb
line, the development of new surfaces for seating may be permitted.
5.3.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30)
inches in height and maximum 42" height. It shall be constructed of
finished painted wood, factory -finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.3.D Awnings: Canopies are not allowed for Category C Cafes(Atlantic
Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area
Facade Program are permitted; awnings extending beyond the dimension
permitted in the Resort Area Facade Program Q) may be permitted based
on review by City staff and the Resort Advisory Commission (RAC).
Umbrellas are permitted. If umbrellas are used the name of the cafe may
appear on the valence of each umbrella.
5.3.E Fixtures: The furnishings of the interior of a resort open air cafe shall
consist solely of moveable tables and chairs and decorative accessories. In
no event shall such objects penetrate the exterior perimeter boundary or
the canopy. Planter boxes on cafe railing are allowed. All movable objects
required for operation of a resort cafe shall be removed from the cafe area
and stored out of view during adverse weather conditions acclaimed by the
City during, the off-season, or when the cafe is not in operation for more
than a five (5) day period. These objects include tables, chairs,
fiunishings, and decorative fixtures.
5.3.F Planting: Perimeter planting in planters or planter boxes will be required;
selection of planting will be determined by City staff. All such planters or
plantings shall be on or within the cafe.
5.3.G Access: Only one well-defined entrance opening is permitted to the cafe
area; the cafe area must be connected to the corresponding business
7
entrance. Orientation of that opening will be reviewed by the City staff
according to pedestrian safety and the aesthetic requirements of each
location. Access will meet all ADA Standard Disability Access
requirements.
5.3.11 Size: Category C Cafes may not cover more than the front face of the
operating business building. In addition, the scale, proportion, and overall
design of the caf6 shall be reviewed by City staff to ensure the caf6 is
compatible with the adjacent building, the street block face, and the
overall goals of the Resort Area Facade Program and the Resort
Streetscape Improvements.
5.3.I Maintenance/Operation: The Category C Caf6 operator will be
responsible to maintain an attractive and clean caf6 area at all times.
5.3.J Lighting: Only incandescent lighting, candles, and Christmas lights are
permitted on the interior of the Category C Caf6 (Atlantic Avenue
Sidewalk Caf6).
5.3.K Storage: Storage of any kind is not permitted on public property;
including trash or refuse.
5.3.L Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square
feet. If umbrellas are used the name of the caf6 may appear on the valence
of each umbrella.
5.3.M Bicycle Parking Area: Bicycle parking areas are not allowed to be
installed on City Property. Category C Cafes (Atlantic Avenue Sidewalk
Cafes) must use existing bike racks.
5.4 Category D - Atlantic Avenue Side Street Cafe. A Category D Caf6 (Atlantic
Avenue Side Street C66) is to be directly adjoining an existing restaurant facility
in the RT-2 or RT-3 zoning district; is to be located on public property; and is to
be located on side streets only between Atlantic and Pacific Avenues. No cafes
are authorized west of Pacific Avenue. Category D Cafes are to be temporary in
nature and designed so that all chairs, tables, planters, fences, etc. can be removed
during periods of non-use. Canopies are allowed for Category D cafes but not
required.
5.4.A Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are
recommended to be setback eight (8) feet, but a minimum distance of (6)
feet clear sidewalk width, free from obstruction, is required for all
Category D Cafes.
Pending review of specific cafe site plans, additional setbacks and clear
path space may be required. The minimum distance shall be measured
8
from the portion of the cafe frontage which is nearest the obstruction. For
the purpose of these guidelines obstructions shall be defined as vertical
public infrastructure improvements such as traffic signal poles, sign poles,
light poles, planting areas, trees, trash receptacles, benches, bike racks,
parking meters, etc.
5.4.B Floor: Only the existing paving or sidewalk is to be used for placement of
removable cafe furnishings. Should the building be setback from the curb
line, the development of new surfaces for seating may be permitted.
5.4.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30)
inches in height and maximum 42" height. It shall be constructed of
finished painted wood, factory -finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.4.D Canopy: Canopies are permitted but not required. If specified, a Category
D Cafe (Atlantic Avenue Side Street Cafe) shall have a soft top, temporary
canopy constructed as specified herein. The canopy shall only cover the
top of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that
transparent vinyl or plastic curtains may be used on the sides as
windbreaker. At no point shall the height of the canopy be lower than
eight (8) feet above the floor of the Category D Cafe (Atlantic Avenue
Side Street Cafes). The valence of the awning shall not exceed twelve
(12) inches in width. Umbrellas are permitted. If umbrellas are used the
name of the cafe may appear on the valence of each umbrella.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
5.4.E Fixtures: The furnishings of the interior of a resort open air cafe shall
consist solely of moveable tables and chairs and decorative accessories. In
no event shall such objects penetrate the exterior perimeter boundary or
the canopy. Planter boxes on cafe railing are allowed. All movable objects
required for operation of a resort cafe shall be removed from the cafe area
and stored out of view during adverse weather conditions acclaimed by the
City during, the off-season, or when the cafe is not in operation for more
than a five (5) day period. These objects include tables, chairs,
furnishings, and decorative fixtures.
9
5AX Planting: Perimeter planting in planters or planter boxes will be required;
selection of planting will be determined by City staff. All such planters or
plantings shall be on or within the cafe.
5.4.G 'Access: Only one well-defined entrance opening is permitted to the cafe
area; the cafe area must be connected to the corresponding business
entrance. Orientation of that opening will be reviewed by the City staff
according to pedestrian safety and the aesthetic requirements of each
location. Access will meet all ADA Standard Disability Access
requirements.
5.4.H Size: A Category D Cafe (Atlantic Avenue Side Street Cafe) may not
cover more than the front face of the operating business building. In
addition, the scale, proportion, and overall design of the cafe shall be
reviewed by City staff to ensure the cafe is compatible with the adjacent
building, the street block face, and the overall goals of the Resort Area
Facade Program and the Resort Streetscape Improvements.
5.4.I Maintenance: The Category D Cafe operator will be responsible
to maintain an attractive and clean cafe area at all times.
5.4.J Lighting: Only incandescent lighting, candles, Christmas lights and
ceiling fans are permitted on the interior of the Category D Cafe (Atlantic
Avenue Side Street Cafe).
5.4.K Storage: Storage of any kind is not permitted on public property;
including trash or refuse.
5AX Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square
feet. The name of the establishment may be painted or sewn in a single
location on the valence of the canopy with a maximum of eight (8)-inch
lettering. If umbrellas are used the name of the cafd may appear on the
valence of each umbrella.
5.4.M Bicycle Parking Area: Bicycle parking areas are not allowed to be
installed on City Property, Category D Cafes (Atlantic Avenue Sidewalk
Cafes) must use existing bike racks.
A Category E Cafe (Atlantic Avenue Sidewalk C6e-15' to 24' Streets)
is to be located on the public sidewalk along Atlantic Avenue directly
between 15" and 24"' Street. A franchise for these cafes will only be
guanted to those restaurants located on private property with 80% or more
W1
of interior space dedicated to table and chairs for sit down service by a
waiter or waitress.
Category E Cafes are to be temporary in nature and designed so that all
chairs, tables, planters, fences, etc. can be removed during_Reriods of non-
use.
5.5.A Setback: Category E Cafes are required to be setback a minimum
of eight (8) feet from the curb line and all obstructions in the public right-
of-way.
Pending review of specific cafe site plans, additional setbacks and clear
path space may be required. The minimum distance shall be measured
from the portion of the cafe frontage, which is nearest the obstruction. For
the purpose of these guidelines obstructions shall be defined as vertical
public infrastructure improvements such as traffic signal poles, sign poles,
light poles, planting areas, tree grates, trees, trash receptacles, benches,
bike racks, parking meters, etc.
5.5.B Floor: Only the existing paving or sidewalk is to be used for
placement of removable cafe furnishings. Should the building be setback
from the curb line, the development of new surfaces for seating may
permitted on private property only.
5.5.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty
(30) inches in height and maximum 42" height. It shall be decorative in
nature and constructed of fmished painted wood, factory -finished metal, or
a pre -manufactured heavy grade fiberglass or ornamental metal railing
system. All cafe perimeter fence systems shall be reviewed by the city
prior to approval for their use. Planter systems are encouraged to
complement the fencing system.
5.5.D Awnings: Canopies are not allowed for Category E Cafes
(Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the
Resort Area Facade Program are permitted; awnings extending beyond the
dimension permitted in the Resort Area Facade Program (3') may be
permitted based on review by City staff and the Resort Advisory
Commission (RAC) Planning Design Review Subcommittee (PDRC).
Umbrellas are permitted. If umbrellas are used the name of the cafe may
Wear on the valence of each umbrella.
5.5.E Cafe Furnishings: The furnishings of the interior of a resort open
air cafe shall consist solely of moveable tables and chairs and decorative
accessories. Tables and chairs shall be constructed of stainless steel
11
fiberglass,powder coated aluminum or other metal, painted, treated or
natural finish exterior grade wood high density polyethylene (HDPE) or
an approved site furnishing, system. All cafe furnishings shall be reviewed
by the city prior to approval for their use. In no event shall such objects
penetrate the exterior perimeter boundary or the canopy. All movable
objects required for operation of a resort cafe shall be removed from the
cafe area and stored out of view during adverse weather conditions
acclaimed by the City during the off-season or when the cafe is not in
operation for more than a five (5) dgy period. These objects include tables,
chairs furnishings, and decorative fixtures.
5 5 F Planting: Planter boxes on cafe railings are allowed. Selection of
planting will be reviewed by City staff. All such planters or plantings
shall be on or within the cafe. Cafe operators will be responsible for
landscape maintenance of all planters
5 5 G Access: Only one well-defined entrance opening is permitted to
the cafe area; the cafe area must be connected to the corresponding
business Special consideration should be given to refurbishment of the
restaurant facade to allow access to the cafe from the interior of the
restaurant at another location than the main restaurant entrance. French
doors or similar door systems should be used to open the existing
restaurant directly on to the outdoor cafe so as to not conflict with the
main restaurant entrance area. In all possible cases, cafes should be
accessed from the interior of the restaurant and not from the Atlantic Ave.
sidewalk area Orientation of that opening will be reviewed by the City
staff according to pedestrian safety and the aesthetic requirements of each
location Access will meet all ADA Standard Disability Access
requirements.
5 5 H Size/Appearance: Category E Cafes may not cover more than the
front face of the operating business building. In addition, the scale,
proportion and overall design of the cafe and its facade shall be reviewed
by City staff to ensure the cafe is compatible with the adjacent building,
the street block face and the overall goals of the Resort Area Facade
Program and the Resort Streetscape Improvements. To ensure this
compatibility as well as compliance with the requirements of section
5 5 G improvements to the operating business building's facade may be
required.
5.51 Maintenance/Operation: The Category E Cafe operator will be
responsible to maintain an attractive and clean cafe area at all times.
5.5.J Lighting: Only incandescent lighting, candles, and holiday lights
are permitted on the interior of the Category E Cafe. Special
12
considerations may be extended to cafes located directly under city
provided street lighting.
5.5.K Storage: Storage of any kind is not permitted on public property;
including trash or refuse.
5.5.L Signs: One (1) menu board is permitted within the perimeter of the
resort open air cafes. The menu board shall not be larger than five (5)
square feet. If umbrellas are used the name of the cafe may appear on the
valence of each umbrella.
5.5.M Bicycle Parking Area: Bicycle narking areas are not allowed to be
installed on City property. Category E Cafes must use existing bike racks.
5.5.N Special Franchise Requirements: Every Category E Cafe
franchise agreement shall contain the following special requirements,
which shall control in the event of a conflict with any other provisions of
the Resort Open Air Cafe Regulations:
1. Alcoholic beverages shall only be served with meals, and only
in unbreakable drinkware;
2. The operator shall not permit persons other than patrons or
employees of the establishment to enter the premises or to
congregate therein, other than at tables provided by the
establishment;
3. In the event a public safety official determines that the open air
cafe should be closed earlier than the normal closing time for
reasons of crowd control, unruly behavior either within the
establishment or in nearby areas, or for other reasons related to
preservation of public safety or public order, the operator shall
close the open air cafe immediately or at such later time as directed
by the public safety official, and the willful failure or refusal of
any person to comply with such order shall be punishable as a
misdemeanor, as provided by City ordinance;
4. The establishment must offer a full service menu (a copy of
which shall be provided to the City Manager as part of the
franchise application), and the open-air cafe may remain open only
so long as all regular menu items served by the establishment are
available to patrons;
5. All tables and chairs shall be removed from the premises upon
the close of business each day and stored inside the establishment,
and the operator shall not permit the franchised area to be used for
storage of furniture or equipment or for any purpose other than as
13
an open-air cafe;
6 The operator shall not allow persons awaiting entry into the
establishment or open-air cafe to form lines on the sidewalk, but
shall admit patrons only from the inside of the establishment; and
7 The operator shall strictly comply with all fire, building,
zoning alcoholic beverage control or health regulations in the
operation of the open air cafe and the remainder of the
establishment.
5 5 O Revocation of Franchise: The franchise agreement shall provide
that a Category E franchise may be revoked by the City Manager
whenever the City Manager determines that one of the following
conditions has occurred:
1 The owner or operator of the establishment has been found
guilty of a criminal offense arising from the operation of the
establishment;
2 The owner or operator of the establishment has been assessed a
civil penalty for violation of any fire building, zoning, alcoholic
beverage control or health regulation arising from the operation of
the establishment;
3 The presence of the open-air cafe is causing or contributing to a
deterioration of the quality of the pedestrian experience or general
environment in the area;
4 The open-air cafe is in violation of any material term of its
franchise agreement or the Resort Open Air Cafe Regulations; or
5 The operator has failed to comply with an order of a public
safety official of the City directing that the open-air cafe be closed,
as provided by Section 5.5.N (3) of the Resort Open Air Cafe
Regulations.
The franchise agreement shall also provide that the City Manager may
suspend the owner or operator's privilege to operate the open air cafe
under the franchise pending a final disposition of any criminal charge,
alcoholic beverage control violation or civil infraction arising from the
operation of the establishment.
5 5 P Effect of Revocation of Franchise: The franchise agreement shall
provide that upon revocation or suspension of a franchise by the City
Manager, the owner or operator shall immediately cease operation of the
open air cafe and shall remove all tables chairs and other items located on
14
City property within twenty-four (24) hours of the revocation or
suspension. As provided by City ordinance, the failure of the owner or
operator to comply with the order of the City Manager revoking or
suspending a franchise shall punishable as a misdemeanor. The franchise
agreement shall authorize the City Manager to remove or contract for the
removal of any tables, chairs, barriers and other items encroaching_Uon
City property and charge the costs thereof to the owner or operator, which
costs may be collected as real estate taxes are collected.
SECTION 6. ADMINISTRATION AND ENFORCEMENT
6.1 Requirements for Application
In order to create a Resort Open Air Cafe, the granting of a franchise agreement
will be required. Applications (per Section 6.2) will be made to the Office of the
City Manager or his designated representative, the Department of Convention and
Visitor Development/Resort Management Office and the Design & Planning
Committee of the Resort Advisory Commission, and shall ensure continued
compliance with applicable policies and guidelines in addition to those
specifically stated herein. These requests will be reviewed by the Office of the
City Manager or his designated representative, the Department of Convention and
Visitor Development (Resort Management Office), with recommendation for
approval/disapproval from the Resort Advisory Commission, and will be
reviewed and acted upon by the City Council of the City of Virginia Beach.
The regulations herein are intended to establish the necessary criteria with which
the Resort Open Air Cafes shall first comply in order to be eligible for
consideration for such a franchise agreement.
Request for a variance to any of the following regulations may be reviewed by
staff and the Resort Advisory Commission. Such consideration shall apply only
to conditions relevant to the site and placement of the caf6, NOT construction
material.
Approval of the City of Virginia Beach Health Department and (when applicable)
the State of Virginia Alcoholic Beverage Control Board is required for operation
of Resort Open Air Cafes.
A fee of one -hundred dollars ($100.00) shall be paid to the City for the processing
of an application for a franchise. The City Manager or his designated
representative shall not accept any application unless such fee be paid at the time
application is filed. Applications for caf6 franchises to be received no later than
March 1, proceeding summer season of anticipated construction and operation.
No application shall be processed for the year in question that fails to meet the
application deadline.
15
The City Manager or his designated representative, is hereby authorized and
directed to prepare and adopt a procedure for the processing of such applications
and the reporting to City Council of any detrimental effect which requested
franchise may have on the public health, safety, welfare, and interest.
City Council may deny or grant a franchise subject to such terms and conditions
as City Council may, in its discretion deem proper. Notwithstanding any other
provision of law, City Council shall deny any franchise request it determines, in
its discretion, to be detrimental to the public health, safety, and welfare or interest.
6.2 Documents and Review Required for Application
Three (3) copies of a preliminary site development plan, including a current
physical survey, no older than 90 days, from building to the curb line, finish
schedule, a landscape plan, and elevation drawings showing canopies and their
relationship to the support buildings.
Engineering/Site Plan review will be necessary for cafes requiring construction of
a concrete slab and/or temporary improvements in the public right-of-way.
Fifteen (15) copies of the final site plan will be required and should be submitted
to the Development Services Center, Room 180, at the Municipal Center
Operations Building (Building #2).
Photographs of the proposed cafe site and building facade.
RAC - Design Committee review and recommendation for approval/denial.
Plan Content: Plans shall be prepared using a minimum scale of 1" = 10'0" and
shall show by name and dimension all existing property lines, easements,
buildings, and other structures, vehicular use areas (including parking stalls,
driveways, service areas, etc.), proposed and existing walkway systems, and
proposed Open Air Cafe. Physical survey by land surveyor showing clear path
and all obstructions.
Elevations: Elevation drawings shall be prepared using a minimum scale of 1" _
10'0" and shall show all existing and proposed structures directly adjoining the
proposed cafe structures. Two elevations are required: one front elevation and
one side elevation and/or section drawing.
Finish Schedule: Finish schedule shall include all finish materials proposed for
the Open Air Cafe construction including a landscape plan.
16
Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be
accepted.
6.3 Insurance and Fees
Applicant will provide liability insurance coverage not less than one million
dollars ($1,000,000) for personal injury and property damage as required.
The franchise fee is to be determined on a gross square foot basis/per year,
payable to the City of Virginia Beach no later than May of the year in effect. The
fees are as follows:
Category A: Boardwalk Cafe
Category B: Connector Park Cafe
Category C: Atlantic Avenue Sidewalk Cafe
Category D: Atlantic Avenue Sidestreet Cafe
Category E: Atlantic Avenue Sidewalk Cafe —15th to 24th Streets
2001
2002
2003
2004
2005
Category A
3.25
4.00
5.00
6.00
7.00
3% **
Category B
3.25
4.00
4.75
5.50
6.00
3% **
Category C
3.25
4.00
4.50
5.00
5.00
3% **
Category D
3.25
4.00
4.00
4.00
4.00
3% **
Category E
5.00
3%**
** 3% increase each year thereafter
Prior to commencement of operations the Grantee must execute a bond or letter of
credit in favor of the City of Virginia Beach in the amount of ten thousand dollars
($10,000) as determined by the Public Works Department and the Resort
Management Office.
6.4 Enforcement
The franchise period shall be for one (1) year for the first year of operation.
Based upon compliance with these regulations and the Council's desire to
continue to allow Open Air Cafes, an extension of the franchise may be
authorized by the City Council for up to an additional five (5) year period.
During the period in which the franchise is in effect, the Office of the City
Manager or his designated representative is to enforce the provisions of the
17
franchise agreement, and is authorized to suspend the agreement if there is a
violation of the agreement.
In the event the City determines that the Grantee has failed to properly comply
with any of the terms or conditions of this Agreement, Grantee shall be given a
minimum of twenty-four (24) hours and a maximum of ten (10) calendar days to
remedy its non-conformance. The amount of time that Grantee shall be permitted
to gain compliance shall be determined in the sole discretion of the City, by its
authorized officer, agent, or employee. However, such time shall be reasonable
and shall be based upon the level of severity of the noncompliance. If Grantee
fails to effect compliance within the time allowed, the City shall have the right to
suspend Grantee's operation, in whole or in part, until such time as Grantee shall
remedy its non-compliance.
No portion of the open air/boardwalk cafes shall open or project beyond the
designated perimeters of the cafe area.
SECTION 7. DEMOLITION
If applicant is required to demolish or remove cafe or any portion thereof, the applicant
must submit approval plans to the Department of Planning for review.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appropriation of $989,127 in the Tourism Advertising Program Fund Balance for Marketing -
Related Activities
MEETING DATE: March 1, 2005
■ Background: In July 1996, the City Council of Virginia Beach established the Tourism Advertising
Program (TAP) Special Revenue Fund. The fund dedicates revenues from one cent of the percentage -
based portion of the transient lodging tax, one-half cent of the restaurant meal tax, and a flat lodging
tax of one dollar. These revenues support the City's advertising and marketing program and related
activities, including the operation of the Visitor Center, to promote and increase tourist visitation to this
City.
■ Considerations: The original ordinance established city Council's intent to utilize the Tourism
Advertising Revenue Fund for the Advertising Program. At the close of FY 2003-04, the TAP Fund had
an unappropriated fund balance of $989,127,which is a result of: 1) positive revenue performance over
and above projections, 2) appropriation balances from Advertising, the TAP Fund Reserve for
Contingencies, and the Visitor Information Center in FY 2003-04, and 3) accumulated interest in the
fund earmarked specifically for capital improvements at the Visitor Center. The Convention and
Visitors Bureau is seeking to appropriate these funds to achieve the following:
1. $296,588 to expand the city's advertising and promotional efforts, primarily for the new the convention
center marketing, in addition to sports marketing, regional cooperative advertising campaigns with the
state and new market opportunities.
2. $300,000 for reserves to ensure quality advertising and marketing capacity in the event of a natural
disaster or serious economic conditions impacting the city's tourism industry. The Convention and Visitors
Bureau, together with the city's Advertising Advisory Committee, annually dedicates a portion of the fund
balance for reserves, an amount determined to be appropriate given current trends and economic
outlook in the tourism industry.
3. $392,539 for capital improvements at the Visitor Information Center, which was constructed in 1989, for
site improvements, improved technology, and expansion studies.
■ Public Information: Public Information will be through the normal means.
■ Alternatives: N/A
■ Recommendations: Appropriate $989,127 to allow expansion of city's tourist advertising as ordained
by Council, to provide reserves for CVB and Advertising Advisory Committee to oversee and
administer as emergency and/or economic issues arise in tourism industry, and to provide for annual
capital funding for the Visitor Information Center.
■ Attachments: None
Recommended Action: Appropriation of $989,127 into the Tourism Advertising Program Special
Revenue Fund
Submitting Department/Agency: Convention and Visitors Bureau
City Manager:��
1 AN ORDINANCE TO APPROPRIATE $989,127
2 FROM FUND BALANCE IN THE TOURISM
3 ADVERTISING PROGRAM SPECIAL REVENUE
4 FUND TO THE FY 2004-05 OPERATING
5 BUDGET OF THE CONVENTION AND VISITOR
6 BUREAU FOR TOURISM MARKETING -RELATED
7 ACTIVITIES
8
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13
14 1. That $989,127 of fund balance in the Tourism
15 Advertising Program Special Revenue Fund is hereby appropriated to
16 the FY 2004-05 Operating Budget of the Convention and Visitor
17 Bureau for the purpose of providing tourism marketing -related
18 activities.
19 2. That estimated revenue in the FY 2004-05 Operating
20 Budget from appropriations of fund balance is hereby increased by
21 $989,127.
22 Requires an affirmative vote by a majority of the members
23 of City Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2005.
Approved As to Content:
pi
Management Services
Approved As To Legal
Sufficiency:
r
✓lilt
ity Attorney' ffice
CA9497
R2
February 10, 2005
H:\PA\GG\ORDRES\CVB-Tourism Marketing ord.doc
r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $508,900 from the Department of
Homeland Security and $218,100 from Fire Programs Funds to the FY 2004-05
Operating Budget of the Fire Department for Retrofitting Exhaust Removal Systems
MEETING DATE: March 1, 2005
■ Background:
The City of Virginia Beach has been awarded a $508,900 grant through the Department
of Homeland Security/Federal Emergency Management Agency 2004 Assistance to
Firefighters Grant Program ("Fire Act"). This grant was awarded in the area of Fire
Operations and Firefighter Safety and will be used to purchase and install vehicle
exhaust removal systems in the fire stations. This safety initiative has been identified as
a department and City priority for some time and systems have been installed with all
new fire station construction projects. This grant will allow retrofitting of all existing
stations with state of the art systems specifically designed for each station's building
design and vehicle complement.
■ Considerations:
The grant requires a 30% match of $218,100 in non-federal funding that will come from
State Fire Programs funds. The use of Fire Programs fund is in alignment with the Aid
to Localities program intent and guidelines. The total value of the grant including the
local match is $727,000. The performance period is one year, beginning February 11,
2005.
■ Public Information:
Public Information will be handled through the normal Council agenda process.
■ Alternatives:
There are no funding sources available to provide the needed funds to accomplish this
health and safety objective for all fire stations at one time.
■ Recommendations:
Accept the FY2004 FEMA Assistance to Firefighters Grant and appropriate $508,900 in
federal funds and appropriate $218,100 from Fire Programs Fund to fulfill the intent of
the grant.
■ Attachments:
Grant Award Letter
Ordinance
Recommended Action: Approve
Submitting Depart ent/Agency: Fire Department
City Manager:
t poll, 1A
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$508,900 FROM THE DEPARTMENT OF HOMELAND
SECURITY AND TO APPROPRIATE $218,100 OF
ADITIONAL ESTIMATED STATE REVENUE TO THE
FY 2004-05 OPERATING BUDGET OF THE FIRE
DEPARTMENT FOR RETROFITTING EXHAUST
REMOVAL SYSTEMS
WHEREAS, the Fire Department has received a $508,900 grant
from the Department of Homeland Security, and has identified
11 $218,100 in estimated state revenue for a required grant match.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
15 1. That $508,900 in additional federal revenue is hereby
16
accepted from
the
Department
of Homeland
Security
and
17
appropriated to
the
FY 2004-05
Operating Budget
of the
Fire
18 Department to cover costs associated with the Firefighters Grant
19 Program, with estimated revenue from the federal government
20 increased accordingly.
21 2. That $218,100 in additional estimated state Fire
22 Programs revenue is hereby appropriated to the Fire Department's
23 FY 2004-05 Operating Budget to cover the local match requirement
24 of this grant, with estimated revenue from the state increased
25 accordingly.
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia on the day of 2005.
28
Approved as to Content:
Management Services
Approved as to Legal
Sufficiency:
City AttorneyOffice
CA9514
P&A/GG/orders/Firefighter Grant ORD
February 18, 2005 / R-2
Panel Review
Page 2 of 8
U.S. Department of Homeland Security
Office for Domestic Preparedness
Washington, D.C. 20531
Ms. Donna Brehm
Virginia Beach Fire Department
2408 Courthouse Dr.
Virginia Beach, Virginia 23456-9065
Re: Grant No.EMW-2004-FG-13274
Dear Ms. Brehm:
Congratulations, on behalf of the Department of Homeland Security and the Office for Domestic Preparedness.
Your grant application submitted under the FY 04 Assistance to Firefighters Grant has been approved. The
approved project costs amount to $727,000.00. The Federal share is 70 percent or $508,900.00 of the approved
amount and your share of the costs is 30 percent or $218,100.00.
As part of your award package, you will find Grant Agreement Articles. Please make sure you read and
understand the Articles as they outline the terms and conditions of your Grant award. Maintain a copy of these
documents for your official file. You establish acceptance of the Grant and Grant Agreement Articles when
you request and receive any of the Federal Grant funds awarded to you.
The first step in requesting your grant funds is to confirm your correct Direct Deposit Information. Please go on-
line to the AFG eGrants system at httpsJ/portal.fema.gov and if you have not done so, complete and submit
your SF 1199A, Direct Deposit Sign-up Form. Please forward the original, completed SF 1199A, Direct Deposit
Sign-up Form, signed by your organization and the banking institution to the address below:
Department of Homeland Security
Emergency Preparedness and Response Directorate (FEMA)
Grants Management Branch
500 C Street, SW, Room 334
Washington, DC 20472
Attn: Assistance to Firefighters Grant Program
After your SF 1199A is reviewed and you receive an email indicating the form is approved, you will be able to
request payments online. If you have any questions or concerns regarding the process to request your grant
funds, please call 1-877-510-6762.
Sincerely,
e:�em__
Matt A.Mayer
Acting Executive Director
Office of State and Local Government
Coordination and Preparedness '
https://portal.fema.gov/firegrangjsp/f"ire_adminlawards/spec/view_award_package.do?agre... 2/ 15/2005
Panel Review
Page 3 of 8
https://portal.fema.gov/firegrandjsp/flre_adminlawardslspec/view_award_package.do?agre... 2/ 15/2005
Panel Review
Page 4 of 9
Agreement Articles
U.S. Department of Homeland Security
Washington, D.C. 20531
AGREEMENT ARTICLES
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Firefighter Safety program
GRANTEE: Virginia Beach Fire Department
PROGRAM: Operations and Firefighter Safety
AGREEMENT NUMBER: EMW-2004-FG-13274
AMENDMENT NUMBER:
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article I - Project Description
TABLE OF CONTENTS
Project Description
Grantee Concurrence
Period of Performance
Amount Awarded
Requests for Advances or Reimbursements
Budget Changes
Financial Reporting
Performance Reports
DHS Officials
Other Terms and Conditions
General Provisions
Audit Requirements
The grantee shall perform the work described in the approved grant application's Program Narrative. That
narrative is made a part of these grant agreement articles by reference. The purpose of the Assistance to
Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and
fire -related hazards. After careful consideration, DHS has determined that the grantee's project, as detailed in
submitted project narrative and budget information, submitted as part of the grantee's application (and
considered part of this agreement by reference), was consistent with the program's purpose and worthy of
award. As such, any material deviation from the approved program narrative must have prior written approval.
Article II - Grantee Concurrence
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By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees
to abide by the terms and conditions of the grant as set forth in this document and the documents identified
below. All documents submitted as part of the application are made a part of this agreement by reference.
Article III - Period of Performance
The period of performance shall be from 04-FEB-05 to 03-FEB-06.
The grant funds are available to the grantee for obligation only during the period of performance of the grant
award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has
requested, and DHS has approved, a new expiration date. The grantee has 90 days after period of performance
to incur costs associated with closeout or to pay for obligations incurred during period of performance. Award
expenditures are for the purposes detailed in the approved grant application only. The grantee cannot transfer
funds or assets purchased with grant funds to other agencies or departments without prior written approval from
DHS.
Article IV - Amount Awarded
The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following
are the budgeted estimates for object classes for this grant (including Federal share plus grantee match):
Personnel
$0.00
Fringe Benefits
$0.00
Travel
$0.00
Equipment
$0.00
Supplies
$10,000.00
Contractual
$717,000.00
Construction
$0.00
Other
$0.00
Indirect Charges
$0.00
Total
$727,000.00
Article V - Requests for Advances or Reimbursements
Grant payments under the Assistance to Firefighters Grant Program are made on an advance or reimbursable
basis for immediate cash needs. When the grantee needs grant funds and has obtained a user account, the
grantee fills out the on-line Request for Advance or Reimbursement. If the grantee has not obtained a user
account, an account may be obtained by calling the help desk at 1-866-274-0960.
Article VI - Budget Changes
Generally, changes in the budget -line items are permitted, as long as the original program narrative is
accomplished. The only exception to this provision is for grants where the Federal share is in excess of
$100,000.00. In grants where the Federal share exceeds $100,000.00, the budgeted line items can be changed,
but if the cumulative changes exceed ten (10) percent of the total budget, Changes must be pre -approved.
Article VII - Financial Reporting
The Request for Advance or Reimbursement mentioned above, will also be used for interim financial reporting
purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the
grantee must complete, on-line, a final financial report that is required to close out the grant. The Financial
Status Report, is due within 90 days after the end of the performance period.
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Article Vlll - Performance Reports
The grantee must submit a semi-annual and a final performance report to DHS. The final performance report
should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived
there from. The semi-annual report is due six months after the award date.
Article IX - DHS Officials
Program Officer: Tom Harrington, Deputy Chief of the Grants Program Office, is the Program Officer for this
grant program. The Program Officer is responsible for the technical monitoring of the stages of work and
technical performance of the activities described in the approved grant application.
Grants Assistance Officer: Christine Torres, is the Assistance Officer for this grant program. The Assistance
Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters.
Grants Management Branch POC: Belinda Bedran is the point of contact for this grant award and shall be
contacted for all financial and administrative grant business matters. If you have any questions regarding your
grant please call 202-646-3503.
Article X - Other Terms and Conditions
Pre -award costs directly applicable to the awarded grant are allowable if approved in writing by the DHS
Program Office.
Article XI - General Provisions
The following are hereby incorporated into this agreement by reference:
44 CFR, Emergency Management and Assistance
Part 7 Nondiscrimination in Federally -Assisted Programs
Part 13 Uniform administrative requirements for grants and cooperative
agreements to state and local governments
Government -wide Debarment and Suspension (Non -procurement)
Part 17 and Government -wide Requirements for Drug -free Workplace
(Grants)
Part 18 New Restrictions on Lobbying
31 CFR 205.6 Funding Techniques
OMB Circular A-21 Cost Principles for Educational Institutions
OMB Circular A-87 Cost Principles for State/local Governments, Indian tribes
OMB Circular A-122 Cost Principles for Non -Profit Organizations
OMB Circular A- Uniform Administrative Requirements for Grants and Agreements With State and Local
102 Governments Assistance to Firefighters Grant Application and Assurances contained therein.
OMB Circular A- Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher
110 Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant
Application and Assurances contained therein.
Article Xll- Audit Requirements
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All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Governments,
and Non -Profit Organizations. The main requirement of this OMB Circular is that grantees that expend
$500,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in
accordance with the circular.
As a condition of receiving funding under this grant program, you must agree to maintain grant files and
supporting documentation for three years upon the official closeout of your grant. You must also agree to make
your grant files, books, and records available for an audit by DHS, the General Accounting Office (GAO), or their
duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance
with any requirement of the grant program.
Additional Requirements if applicable
FEMA is required to ascertain how proposed modifications to fire houses may be impacted by requirements
related to the National Historic Preservation Act and the National Flood Insurance Program regulations.
Modification projects must be evaluated for compliance with applicable statutory and regulatory
environmental/historic preservation requirements and must be approved by FEMA prior to project
implementation. No funds may be requested for construction u ntil all these requirements are fulfilled. if the
Grantee has a building that is 50 years old or older they shall not proceed with proposed modification projects,
other than planning, until being notified by FEMA that all reviews have been completed. Noncompliance may
jeopardize receipt of federal funding.
Jacqueline Lee
Program Support Assistant
Office of Grants Management Branch
Jacqueline. Lee@ dhs.gov
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FEDERAL EMERGENCY MANAGEMENT AGENCY
OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
la. AGREEMENT NO. 2. AMENDMENT 3. RECIPIENT NO. 4. TYPE OF
EMW-2004-FG-13274 NO. 54-0722061 ACTION
0 AWARD
6. RECIPIENT NAME AND
ADDRESS
Virginia Beach Fire
Department
2408 Courthouse Dr.
Virginia Beach
Virginia, 23456-9065
9. NAME OF RECIPIENT
PROJECT OFFICER
Donna Brehm
5. CONTROL NO.
W397589N
7. ISSUING OFFICE AND ADDRESS 8. PAYMENT OFFICE AND ADDRESS
ODP/Financial and Grants Management ODP/Financial Services Branch
Division 500 C Street, S.W., Room 723
500 C Street, S.W., Room 350 Washington DC, 20472
Washington DC, 20472
POC: Belinda Bedran 202-646-3503
PHONE NO. 10. NAME OF PROJECT COORDINATOR PHONE NO.
757-427-8811 Tom Harrington (202) 307-2790
11. EFFECTIVE DATE OF
12. METHOD OF 13. ASSISTANCE ARRANGEMENT
THIS ACTION
PAYMENT Cost Sharing
04-FEB-05
SF-270
15. DESCRIPTION OF ACTION
a. (indicate funding data for awards or financial changes)
PROGRAM CFDA NO.
ACCOUNTING DATA
PRIOR
AMOUNT
NAME
(ARCS CODE)
TOTAL
AWARDED THIS
ACRONYM
XXXX-XXX-XXXXXX-XXXXX-
AWARD
ACTION
XXXX-XXXX-X
+ OR (-)
AFG 97.044
2005-62-0364RE-63000000-
$0.00
$508,900.00
4101-R
TOTALS
$0.00
$508,900.00
14. PERFORMANCE PERIOD
From:04-FEB- To:03-FEB-06
05
Budget Period
From:01-OCT- To:30-SEP-05
04
CURRENT CUMMULATIVE
TOTAL AWARD NON-
FEDERAL
COMMITMENT
$508,900.00 $218,100.00
$508,900.00 $218,100.00
b. To describe changes other than funding data or financial changes, attach schedule and check here.
N/A
16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT
TO FEMA (See Block 7 for address)
Assistance to Firefighters Grant - Fire Prevention and Safety Program recipients are not required to sign and return copies of this document.
However, recipients should print and keep a copy of this document for their records.
16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN
This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited
above.
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE
N/A WA
18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE
Pamela Greene 01-FEB-05
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^'U 00
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $50,000 From The Department of
Health and Human Services to the FY 2004-05 Operating Budget of the Fire
Department For the Medical Reserve Corps Grant
MEETING DATE: March 1, 2005
■ Background:
The Virginia Beach Department of Public Health (VBDPH) is a participant in the
Hampton Roads Metropolitan Response System and is responsible for set up and
staffing of Neighborhood Emergency Help Centers for distribution of mass vaccine and
prophylaxis. The existing resources of the VBPHD would be rapidly overwhelmed in the
event of a large scale disaster with mass casualties or need for mass
inoculation/prophylaxis of citizens and visitors. This grant from the Department of
Health and Human Services provides a three-year funding stream to establish a Medical
Reserve Corps (MRC) to strengthen the response capability of the VBPHD to a large-
scale medical event. Even though this grant was awarded in September, it has been
delayed due to hiring a program director for this project.
The MRC continues the practice of volunteerism and focuses on attracting, training and
retaining a pool of volunteer medical professionals who would assist the City in the case
of a large scale disaster. Management of this project requires recruiting, screening,
training and qualification strategies, as well as creation of the basic program curriculum.
The program is also developing long term strategies to ensure continuation of the MRC
not only in membership but education to maintain awareness of new threats and
appropriate medical prophylaxis.
■ Considerations:
The VBDPH will continue to provide the administrative oversight and program
management staff. Due to the requirements of the grant and nature of the VBDPH
(State agency), the Fire Department will again serve as grantee and fiscal manager. A
Citizen Corps Council acts as the advisory board for the project. It is the continuing
intent of this grant to create a self sustaining program managed by and comprised of
volunteers from the medical community.
Grant funds cover a part time program manager, all office supplies and printed
materials, travel and training expenses, and personal issue items for volunteer
members. This grant is the second year funding allocation for a three-year performance
period. Funding is approved on an annual basis. $50,000 has been approved for year
two.
■ Public Information:
Public Information will be handled through the normal agenda process.
■ Alternatives:
This project would not be possible without outside funding.
■ Recommendations:
Approve and appropriate $50,000 for the MRC grant project.
■ Attachments:
Grant award letter.
Recommended Action: Approve and Appropriate funds.
Submitting Department/Agency: Fire
City Manager. L'Z�VL
Medical reserve ARF
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $50,000 FROM THE DEPARTMENT OF HEALTH
3 AND HUMAN SERVICES TO THE FY 2004-05
4 OPERATING BUDGET OF THE FIRE DEPARTMENT
5 FOR THE MEDICAL RESERVE CORPS GRANT
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 1. That $50,000 in additional federal revenue from the
10 Department of Health and Human Services is hereby accepted and
11 appropriated to the FY 04-05 Operating Budget of the Fire
12 Department to cover costs associated with the Medical Reserve
13 Corps grant.
14 2. That revenue from the federal government is hereby
15 increased by $50,000 in the FY 2004-05 Operating Budget.
16 3. That a part-time position is hereby continued in the
17 FY 2004-05 operating budget for Medical Reserve Corps
18 operations; provided, however, that this part-time position is
19 conditioned upon continued grant funding.
20 Adopted by the Council of the City of Virginia Beach,
21 Virginia on the day of
Approved as to Content:
`Management Services
i
CA9512
P&A/GG/orders/medical reserve ORD
February 18, 2005
R-2
2005.
Approved as to Legal
Sufficiency:
City Attorney' Office
OCT-20-2004 15:06 OPHS OGM
301 594 9399 P_02
3. SUMSEDESAWARDNOTICEoatEd WA 6gepMet.ny
.dd to a cr �sr�dl w v- �r�mw� nmw x erten w+we x Asa
GRW NO. 5ADMISTRATNrE Cc)Mz
MRCSGO30074-02 0 MPU-S2
FoSYMly:
US2SGO3032
S. PROJECT PEMD MolDn- taaDewyr
FRau 09/30/03 iT 09/29/06
7. Bl.1DEET PEMOD MOJDayffr AwDayt
FROM 09/30104lt THRDUGH 09/29106
— =n,rl-r tome oarxM, Medical Reserve Corns Del
a City of Virginia Beach, Fire Department
Virginia Beach Department of Public Health
,. Municipal Center
r- 2401 Court House Drive, Bldg.1
d. Virginia Beach VA 23456
11. A (EX0V6W PHSWfBG =
t PMS Gears Fwu>; Qnty
D' T0191 woke CD= k"wd M9 Omni Tunds and so odw I
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0
o. Tr.+trm TNtion"Fees_,....._
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0• TOTAL DIRECT COSTS
r. aC COSTS(Rity
of S&WITADC)
t FcocrxsM9re »...«...._ ____. _ __ __.-,» 550.000
V. Non.FcdenoSMam-....._._._....____..._._.,.» s0
'Must rnm ss notcbm r/puilemem-
Subject to 2*00r d In =Onlance YM PHS POW.
PUBLIC HEALTH SERVICE
OFFICE OF PUBLIC HEALTH AND SCIENCE
OiFncE OF T.I SURGjON GENERAI,
ROCKVILLS, M -"AND 20852
NOTICE OF GRANT AWARD
AUTHORIZ -iiON (Lagis Sat oon/Re'gtllation)
MEDICAL RESERVE CORPS
TITLE WE, SECTION 1707(e) (4j,
PUBLIC HEALTH SERVICE ACT AS AMENDED
Erin E. Sutton
Ernergency Planner
Virginia Beach Department of Public Health
4452 Corporation Lane
Virginia Beach, VA 23456
7 Awl 1
a. AnwA* or PHS FhnncW A=l%w o Q om gem ii.v-I S50,OOD
s I = Uno willed Balance Rom Poor bmvd PvrbOs
13.RECOAWENDE0Fvnm SVPPORT(Sl &wr TO THE AvmABILnY OF FUNDS AND
SATISFACipRy PROGRESS OFTt1E PROMMn '
YEAR
TOTALCOSrSfST( ENM
YPJIR
TOTALLOST55TwEN05
2.03
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d. AMOWT OF DIRECT ASSISTANCE THIS ACTION
15. PROGRAMWCOMESUB MT TOeSCFRPART T4.3UBPART1%0;
SNAI.L BE USED IN ACCORD Wil" ONE OF THE FOLLOWING At.TERNATNE3
(SNccrone and PlaneLET Gtpnbed.)
DEDUCTION
a ADDITIONAL. COSTS A
Q MATCHING
d. OTHER RESEARCH ~Deduct Opror1)
BY. THE PHS ONTNE ABOVE TITLED PROJECrAND IS SUBJECT TiOTNE TERMS
APO CONDITIOM i =AM)PATED EMiM DIRECTLY OR BY MTEIM CE W THE FOLLOWING
a. The 9r3pt Droaram kVgbDan OW ib".
b. The Omni Prw3m famdaft mcd=oft
C. Tt&3v4W mom MM909lome SWvendlilonw R inY. nQM bdow wow V4w4ft,
d pHs 134" POW SfOtanentl ux" 74OW43In elled=of ow belOin mw datc bdm9 Osdoet Dabo
& e5 CFR 1`441'48ttd i5 CFR Part82 as appamle.
In be event tope are MnMcft or WhewLx lawn-,tlent voliaes appbpbla to ptE (yam
aro above oldeT Of precedatee shot prewil. AOCOUr a of dm piw4 tedna or4 ter&4una
ie Ma N99 b4m fund6 am drawn olnsnrise obtAned Ute mM ( SWIM,
Yes NO
Due to an administrative change the Grant Number has been changed to MRCSGO30074 (Block 4. Grant Number),
The Document Number (Line 20.) remains the same. Please use your document number when contacting the
Payment Management System for 'issues relating to your account.
Its DNtNTE MANACC % rOmCM ta'aMAin1 Wama•TYbaO'AWt (Hilt
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e.
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PW-3132.1(NV. &VI
OCT-20-2004 15:OG OPHS OGM 301 594 9399 P.03
`NOTICE OF GRANT AWARD (Continuation sheet) I PAGE 2 Of 4 I DATB XSSM a 09/ [l l.�
GRAN R . MRCSG030074-02-0
xnm No.
SPECIAL CONDITIONS:
NONE
SPECIAL TERMS & REQUIREMENTS:
1. Grantee must obtain prior approval from the Grants Management Officer (GMO) for any change in the
Project Director of Project Coordinator including replacement, absence, or reduction in the level of
participation. The GMO must be notified no later than 30 days before the expected date of departure or
change in participation level. A resume must be submitted for approval for any replacement.
STANDARD REMARKS:
1. Requests that require prior approval from the awarding office (Chapter 8, Grants Policy) must be
submitted in writing to the Grants Management Officer. Only responses signed by the Grants Management
Officer are to be considered valid. Grantees who take action on the basis of responses from other officials
do so at their own risk. Such responses will not be considered binding by or upon the Office of Minority
Health.
2. Responses to reporting requirements, conditions, and requests for postaward amendments must be mailed
to the attention and address of the Grants Management Specialist indicated below in "Contacts". All
correspondence should include the Federal grant number (item 4 on page 1 of this document) and requires
the signature of an authorized business official and/or the project director. Failure to follow this guidance
will result in a delay in responding to your correspondence.
3. The HHS Appropriations Act requires that to the greatest extent practicable, all equipment and products
purchased with funds made available under this award should be American -made.
4. The l"1HS Appropriations Act requires that when issuing statements, press releases, requests for
proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part
with Federal money shall clearly state the percentage and dollar amount of the total costs of the program or
project which will be financed with Federal money and the percentage and dollar amount of the total costs of
the project or program that will be financed by nongovernmental sources.
5. A notice in response to the President's Welfare -to -Work Initiative was published in the Federal Register
on 5/16/97. This initiative is designed to facilitate and encourage grantees to hire welfare recipients and to
provide additional training and/or mentoring as needed. The text of the notice is available electronically on
the OMB home page at http://www.whitchouse.gov/wh/eop/orab.
P86.5252.2(519Z) Dkn
OCT-20-2004 15:07 OPHS OGM 301 594 9399 P.04
(
NOTICE OF GRANT AWARD (�nu.ari� �w) x""'r 3 of 4 J u""b """r" 09/ im
GRANTM. MRCSG030074-02-0
ITEM N0,
REPORTING REQUIREMENTS:
(1) Financial Status ReportSF-269/long form (attached) is due within 90 days after expiration of the budget
period.
(2) An A-133 audit, as required by OMB Circular A-133, must be mailed to the following: Federal Audit
Clearinghouse, Bureau of the Census, 1201 E. 10th Street, Jeffersonville, IN 47132.
A copy of the audit must be sent to: Office of Minority Health, Rockwall 11 Bldg., 5515 Security
Lane, Suite 1000, Rockville, MD 20852.
The audits are due within 30 days of receipt from the auditor or within 9 months of the end of the fiscal year,
whichever occurs first.
Submission of audit reports in accordance with the procedures established in OMB Circular A-133 is
required by the Single Audit Act Amendments of 1996 (P.L. 104-156). Failure to comply with this
requirement will result in deferral or restrictions of future funding decisions.
CONTACTS:
Funds:
Payments under this award will be made available through the DHHS Payment Management System (PMS).
PMS is administered by the Division of Payment Management, Financial Management Services, Program
Support Center, which will forward instructions for obtaining payments. Inquiries regarding payment
should be directed to:
Payment Management, DHHS, P.O. Box 6021, Rockville, MD 20852
Telephone Number: 301-443-1660
Fraud, Abuse, and Waste:
The DHHS Inspector General maintains a toll -free hotline for receiving information concerning fraud,
waste, or abuse under grants and cooperative agreements. Such reports are kept confidential and callers may
decline to ,give their names if they choose to remain anonymous.
Office of inspector General, Department of Health and Human Services, Attn: HOTLINE
330 Independence Ave., SW, Room 5140 Cohen Building, Washington, DC 20201
e-mail Htips(@os.dhhs.eov 1-800-447-8477 (1-800-MIS-TIPS)
OCT-20-2004 15:07 OPHS OGM
-NOTICE OF GRANT AWARD x;Pna_-- n Amu
301 594 9399 P.05
PAGE 4 of 4 1 DATE ISSUED 09/d1/04
GRANT No. MRCSG030074-02-0
U
CONTACTS:
Grants Management:
For assistance on grants administration issues please contact: DeWayne Wynn, Grants Management
Specialist, at (301) 594-9417, FAX (301) 443-9399, Internet DWynn0,osophs.dhhs_gov or Office of Public
Health and Science, Office of Grants Managemen4 1101 Wootton Parkway, Suite 550, Tower Building,
Rockville, MD 20852.
Project Officer:
For assistance on programmatic issues please contact LCDR April Kidd, Project Officer, at
(301) 443-1401, FAX (301) 484-I 163, Internet AKidd(cr�osophs.fths.goy or Office of Surgeon General,
Office of Public Health and Science, U.S_ Department of Health and Human Services, Room 18-04, 5600
Fishers Lane, Rockville, MD 20857.
ms-5152.2(5/92)
Dk:
TOTAL P.05
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $42,857 From the Virginia
Department of Emergency Management to the FY 2004-05 Operating Budget
of the Fire Department for Specialized Equipment for the Virginia Task Force
2 Urban Search and Rescue Team
MEETING DATE: March 1, 2005
■ Background:
The City of Virginia Beach is the sponsoring agency for VA-TF2, a FEMA Urban Search
and Rescue Team. This team has also been designated by the State Department of
Fire Programs as the Heavy and Technical Rescue Team for our local region, Division
V. There are seven such regions and designated teams within the State of Virginia. A
one-time grant in the amount of $42,857 has been awarded to each team to enhance
response capabilities through the purchase of specific specialized equipment.
■ Considerations:
The grant does not require any local match. Enhancement of team capabilities
improves the state of readiness of this asset as well as increases the capability to
respond to larger and more technical emergency incidents for the entire region. The
performance period is January 31, 2005 through March 15, 2005 for obligation of funds.
■ Public Information:
Public Information will be handled through the normal Council agenda process.
■ Alternatives:
This is a one-time grant award designated for a specific team and for specific equipment
purchases.
■ Recommendations:
Accept the VDFP Heavy and Technical Rescue Team Grant appropriate $42,857 in
state funds.
■ Attachments:
Grant Award Letter
Ordinance
Recommended Action: Approve
Submitting Department/Agency: Fire Department
City Manager: S � • �QW-f—
FEMA task force 2A v
1 AN ORDINANCE TO
ACCEPT AND
APPROPRIATE
2 $42,857 FROM THE
VIRGINIA DEPARTMENT
OF
3 EMERGENCY MANAGEMENT TO THE
FY 2004-05
4 OPERATING BUDGET
OF THE FIRE
DEPARTMENT
5 FOR SPECIALIZED
EQUIPMENT
FOR THE
6 VIRGINIA TASK FORCE 2 URBAN
SEARCH AND
7 RESCUE TEAM
8
9 BE IT ORDAINED BY THE
COUNCIL OF
THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That $42,857 in additional state revenue is hereby accepted
12 from the Virginia Department of Emergency Management and
13 appropriated to the FY 04-05 Operating Budget of the Fire
14 Department to cover costs associated with the Virginia Task
15 Force 2 Urban Search and Rescue Team, with state revenue
16 increased accordingly.
17 Adopted by the Council of the City of Virginia Beach,
18 Virginia on the day of , 2005.
Approved as to Content:
�a,Ib
Management Services
CA9513
P&A/GG/ordres/Fema Task Force 2ORD
February 18, 2005
R-2
Approved as to Legal
Sufficiency:
City Attorney's Office
Aubrey W. Hyde, Jr. Executive Director Virginia Department of Fire Programs
January 31, 2005
Mr. Steve Cover
Task Force 2
Virginia Beach Fire Department
927 South Birdneck Road
Virginia Beach, VA 23451
Dear Mr. Cover:
Office of Administration
1005 Technology Park Drive
Glen Allen, VA 23059
Phone: 804/ 371-0220
Fax: 804/ 371-0217
Congratulations on the selection of Task Force 2/Virginia Beach Fire Department as the
state designated Heavy and Technical Rescue Team for our Division V. The seven (7)
designated teams will play a vital role in statewide response to technical rescue
incidents. In an effort to further enhance each selected team's capability, a one time
grant in the amount of $42,851.00 will be awarded for the purchase of specific
equipment:
• Hydraulic tools; hydraulic power unit
• Listening devices; hearing protection
• Search cameras (including thermal and infrared imaging)
• Breaking devices (including spreaders, saws and hammers)
• Lifting devices (including air bag systems, hydraulic rams, jacks, ropes and block
and tackle)
• Blocking and bracing materials
• Evacuation chairs (for evacuation of disabled personnel)
• Ventilation fans
All grant funding for this initiative shall be ated_for purchase by the locality with a
copy of the ourchase order sent to VDFP by March 15 QQS The delivery of the
specialized equipment can take place after this date and a copy of the sales receipt shall
be sent to VDFP as soon as it is received by your locality. Please send all copies of
these items to HTR Chief Mark Morton at 1005 Technology Park Drive, Glen Allen, VA
23059.
Best Re ards,
j
Aubrey . Hyde Jr.
Executive Director
Cc: Mark Morton, VDFP HTR Chief
www.vafire.com
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Transfer of funds from Capital Project #9-010, Virginia Marine Science
Museum - Phase III (Design) and Capital Project #3-275, Virginia Marine Science
Museum Renewal and Replacement, to Capital Project #3-322, Virginia Marine
Science Museum Original Exhibit Gallery Renovation.
MEETING DATE: March 1, 2005
Background: The Virginia Aquarium & Marine Science Center is planning a renovation
of the original exhibit gallery, which opened in 1986. This renovation project will convert
approximately 30,000 square feet of existing worn and outdated exhibits into an exhibit
space filled with live animal habitats and new interactive exhibits utilizing scientific
advances that have occurred over the last 18 years. Included in this project will be a
120,000 gallon coral reef aquarium, which will be the highlight of the renovation.
Federal grant funds which were originally appropriated for architectural and engineering
services for Capital Project #9-010, Virginia Marine Science Museum — Phase III
(Design), currently remain available in that project and Capital Project #3-275, Virginia
Marine Science Museum Renewal and Replacement.
Considerations: This request is to transfer appropriated funds in the amount of
$49,506 from Capital Project #9-010, Virginia Marine Science Museum — Phase III
(Design), and $118,000 in Capital Project #3-275, Virginia Marine Science Museum
Renewal and Replacement, to Capital Project #3-322, VMSM Original Exhibit Gallery
Renovation, so that those funds can be utilized for A&E services for the Aquarium
renovation project. A&E expenditures for the project are projected to be incurred over
the next 12 months, with construction expected to begin in January 2006. With
$300,000 appropriated in the FY 2004-05 Capital Improvement Program, this transfer
into Capital Project #3-322 for the Aquarium renovation, will make a total of $467,506
available for A&E services for the renovation project, with another $4.1 M expected to be
included in the FY 2006 Capital Improvement Program Budget. Approval of this request
to transfer appropriation of these grant funds for A&E costs for the Aquarium renovation
project represents efficient utilization of available funding resources.
■ Public Information: The public will be informed through the normal agenda
process.
■ Alternatives: Do not approve the transfer of appropriation and forego the
opportunity to realize the remaining $167,506 in federal grant funds.
■ Recommendations: Approve the transfer of appropriation.
■ Attachments: Ordinance.
Recommended Action: Approve the transfer of appropriation request in the amount of
$167,506 so that grant funds can be utilized for A&E services for the Aquarium
Renovation Project.
Submitting Department/Agency: Department of Museums and Cultural Arts.
City Manag
1
AN ORDINANCE TO TRANSFER $118,000 FROM CAPITAL
2
PROJECT #3-275, VIRGINIA MARINE SCIENCE
3
MUSEUM RENEWAL AND REPLACEMENT," AND $49,506
4
FROM CAPITAL PROJECT #9-010, "VIRGINIA MARINE
5
SCIENCE MUSEUM - PHASE III (DESIGN)," TO
6
CAPITAL PROJECT #3-322 "VIRGINIA MARINE
7
SCIENCE MUSEUM ORIGINAL EXHIBIT GALLERY
8
RENOVATION," FOR ARCHITECTURAL AND ENGINEERING
9
SERVICES
10
11
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That $118,000 from Capital Project #3-275, "Virginia
14 Marine Science Museum Renewal and Replacement," and $49,506 from
15 Capital Project #9-010, "Virginia Marine Science Museum- Phase III
16 (Design)," is hereby transferred to Capital Project #3-322, "VMSM
17 Original Exhibit Gallery Renovation," to fund architectural and
18 engineering services associated with the renovation of the
19 Virginia Aquarium's original exhibit gallery.
20 Adopted by the Council of the City of Virginia Beach,
041
22 Virginia, on the day of 2005.
23
24
25 Approved as to Content:,, APPROVED AS TO LEGAL SUFFICIENCY:
26
i
27
28
29 Management Services City Attorney's ffice
30
31 CA9511
32 P&A/GG/Ord/res/VMSM CIP 3-322
33 R-2
34 February 18, 2005
1
L. APPOINTMENTS
Community Policy and Management Team — CSA At Risk
Community Services Board
Francis Land House Board of Governors
Health Services Advisory Board
Human Rights Commission
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Minority Business Council
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Non Agenda Items