HomeMy WebLinkAboutMARCH 1, 2005 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. D1EZEL Kempsville - District 2
ROBERT M DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGiNIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. ULLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
1 MARCH 2005
I.
BRT BUS RIDE/TOUR
2:00 PM
II.
CITY MANAGER'S BRIEFING
- Conference Room -
3:00PM
1. IMP ACT 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
VI. INFORMAL SESSION
- Conference Room -
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Jimmy Bennett, Sf. Pastor
Avalon Church of Christ
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 City's Open Air Cafe 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 22nd, 2005)
3. Ordinance to APPROPRIATE $989,127 from the Tourism Advertising Program Revenue
Fund to the FY 2004-05 operating budget ofthe 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
*********************************************
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
* * * * * * * * * * *
Agenda 03/01l05BlB
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
1 March 2005
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re IMPACT OF TRI-CITY
PROPERTIES in the Council Conference Room, City Hall, on Tuesday, March 1, 2005, at 3:00 P.M
Council Members Present:
Harry E. Diezel, Robert M, Dyer, Vice Mayor Louis R. Jones,
Reba S. McClanan, Richard A. Maddox, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, Rosemary Wilson and
James L. Wood
Council Members Absent:
Ron A. Villanueva
[Flat Tire: Entered Formal Session:
6: 15 P,M.]
- 2-
BRT BUS RIDE/TOUR
ITEM # 53632
The Mayor advised the BRT (Bus Rapid Transit) BUS RIDE/TOUR, scheduled for 2:00 P,M., March 1,
2005, has been RESCHEDULED.
Councilman Maddox introduced Ron Ingram, representing North American Bus Industries. Mr. Ingram
apologized for any inconvenience and advised that unfortunately after fueling the Bus this morning, it was
discovered, instead of CNG (Compressed Natural Gas), the fuel placed in the bus was a mixture of CNG
and water. This particular bus is part of an order of two hundred (200) buses from Los Angeles. The
improper fuel froze the bus's gas lines. The Bus is at a rest stop just below the Virginia Beach border.
Mr. Ingram advised the BRT (Bus Rapid Transit) BUS RIDE/TOUR will be scheduled for the City Council
Workshop of March 15, 2005. The bus the City of Virginia Beach would be procuring would be clean diesel
power. The problems with the Los Angeles bus is not an issue in a diesel bus, He was grateful the Los
Angeles bus had been loaned and hopes they will be so generous again.
Mr. Ingram advised the CNG raw fuel costs less than diesel. Utilizing a compressed fuel, requires the
existence of a very sophisticated fuel infrastructure. The facilities housing the buses must be alarmed with
sensors for high pressure fuels. Therefore, the diesel fuel costs are higher but this does not necessarily
mean it will cost more for the City to operate the Bus Rapid Transit (BRT) buses as they will not have this
complicated infrastructure.
March 1,2005
-3-
JOINT LAND USE STATUS REPORT
3:05 P.M.
ITEM # 53633
The Joint Land Use (JLUS) Status Report has been POSTPONED.
Councilman Maddox, representing the Joint Land Use Task Force, requested the DEFERRAL, as Rear
Admiral S.A. Turcotte, Commander - Navy Region Mid-Atlantic and the Navy's representative to the Joint
Land Use Policy Committee has been out of the country for approximately one and a half months. Admiral
Turcotte is due back within a few days. Councilman Maddox believes it prudent to wait for his arrival, The
Joint Land Use Task Force is acutely aware of the public relations aspect. Councilman Maddox advised at
the last JLUS Policy Committee meeting, the representatives of Norfolk and Chesapeake were very
supportive for whatever time may be necessary as Virginia Beach's issues are more complicated and
challenging. Councilman Maddox advised not all discussions can be conducted with the media presence
similar to the need for the City Council's Closed Session.
Mayor Oberndorf expressed good will and respect for the United States Navy and their wanting to protect
its future in the City. Mayor Oberndorf did not want the message conveyed the City was not concerned but
that we all are working in good faith with the Navy for them to continue to be a viable industry in the City,
Council Members Maddox and Reeve advised since the last JLUS Policy Committee meeting, the City
Manager, the City Attorney and Planning Director Robert Scott, have met with Captain Keeley
approximately five times. Therefore, there has been considerable discussion, but since Admiral Turcotte
is due back this coming week, it would be prudent to await his arrival.
Council Lady McClanan hopes the JLUS would be discussed during the City Council Retreat on March 4
2005. Council Members McClanan and Wood requested more discussion relative the JLUS and the City's
and Navy's position. At the present time, the Civic Leagues are just receiving the information from the press.
Councilman Dyer requested a synopsis of the JLUS meetings be provided and this item be discussed on a
weekly basis.
The City Manager advised much time and effort has been placed in the Joint Land Use Plan. Prior to
returning to the Policy Committee, all concerns of City Council have been reiterated. Once the Joint Land
Use Policy Committee has completed its work, the plan will be brought forward to the three (3) cities:
Chesapeake, Norfolk and Virginia Beach for their final determination,
March 1, 2005
-4-
CITY MANA GER 's BRIEFING
IMPACT OF TRI-CITY PROPERTIES
3:25 P.M.
ITEM # 53634
Mayor Oberndorf, during the City Council Session of February 22, 2005, had referenced the request for
a letter to the U.S. Army Corps of Engineers by March 3, 2005, re the impact ofTri City Properties. This
request involves an Environmental Quality Study on the Gum Swamp watershed on the Chesapeake side
of Stumpy Lake. There are definite implications to the preservation of Stumpy Lake. Mayor Oberndorf does
not wish to sign the letter until all members of City Council concur. Mayor Oberndorfhad requested this
item be scheduled for the City Council Session of March 1, 2005, with a Briefing by Clay Bernick,
Environmental Management Program Administrator.
Clay Bernick, Environmental Management Program Administrator, distributed two (2) packages: a copy of
the presentation entitled: "Tri-City Properties" and a copy of the letter from the us. Army Corps of
Engineers, a DRAFT letter in response with attachments. Said information is hereby made a part of the
record. Tri-City Properties has made application to the us. Army Corps of Engineers for a wetlands permit
for the first phase of the overall project. The City took the position o/not supporting the wetlands permit for
this same project with the Department of Environmental Quality and the State Water Control Board in 2002
and 2003, pending evaluation of cumulative impacts of the full project. The Department of Environmental
Quality and State Water Control Board approved the State wetlands permit without evaluation of cumulative
impacts.
When the applicant made an application for a permit previously, the application was strictly for a permit
from the Department of Environmental Quality. Typically projects of this nature are made to the Us. Army
Corps of Engineers and Department of Environmental Quality simultaneously. However, the applicant chose
not to do this.
Staff's Recommendation
Maintain previous comments with additional comments to note City
Council's concerns which the project may pose to the ongoing
Southeastern Parkway and Greenbelt Environmental Impact Statement
(EIS) process.
The Us. Army Corps of Engineers should require preparation and
submittal of the EIS, so that a full evaluation of the cumulative impacts
of the entire project be assessed prior to reaching a permit decision.
Not recommending approval or denial at this time
Mr. Bernick displayed the location of the project on the map, The project is located in forested wetlands
that are now a tributary to Stumpy Lake/Gum Swamp, northeast of the intersections of Centerville Turnpike
and Elbow Road, in Chesapeake, Virginia. The applicant proposes to construct a master planned mixed-use
community (both commercial and residential development) to support the rapidly expanding commerce and
employment center around the Interstate 64 interchange at Greenbrier, The excavation of stormwater
facilities and gradingljillingfor roads and lots would impact 144.6 acres offorested wetlands. The applicant
proposes to mitigate these impacts by preserving 145 acres of forested wetlands on the property and by
creating 290 acres of forested wetlands at a mitigation site located off Route 17 near Ballahack Road in
Chesapeake, Virginia.
March 1, 2005
- 5 -
CITY MANAGER'S BRIEFING
IMPACT OF TRI-CITY PROPERTIES
ITEM # 53634 (Continued)
The City of Chesapeake has approved permits for borrow pit operation for a lake which is an ultimate part
of a commercial development, Mr. Bernick displayed the roadway which is one of the preferred alignments
for the Southeastern Parkway and Greenbelt, Mr, Bernick displayed maps depicting the Natural Heritage
Resources locations, Conservation sites in the Southern Watershed Area, and existing Conservation Lands.
When the City first started working with the Department of Conservation and Recreation in the 1990's re
initial inventories, the Department determined at that time Virginia Beach and Chesapeake, particularly
in the North Landing Watershed, had more ecology diversity than anywhere else in Virginia east of the Blue
Ridge Mountains.
Relative the City's initiatives to safeguard Stumpy Lake, the Department of Public Utilities is working with
the State Dam Safety Office to re-enforce stability of the spillway and the earthen embankment, the causeway
around the Lake, to meet new Federal and State requirements. This process is going forward and
consultants are working on design. in conjunction with staff from the Virginia Institute of Marine Science
(VIMS), the Federal National Ocean Atmospheric Administration and the State Department of Game and
Inland Fisheries. There is a documented spawning area in Gum Swamp, which runs up to the base of the
Dam. The agencies believe a "fish passage" should be installed as the Dam is rebuilt. Draft grant requests
have been prepared to help fund this project. As recently as yesterday, the City was advised by the
Department of Game and Inland Fisheries would be willing to donate the cost and assist in installing the
fish ladder. Parallel to these efforts, the Department of Parks and Recreation is assembling a management
plan for the entire Stumpy Lake property (appropriate location of trails, removal of exotic vegetation, plans
for a contact visitor station at the old Pump Station, interpretive signs, et cetera),
Mr. Bernick advised the City has some newer subdivisions (Woodbridge Point) approved off Centerville
Turnpike. The developer has agreed to donate approximately thirty (30) acres of property which will not be
developed and remain as a natural buffer adjoining the Stumpy Lake property, The State Water Control
Board is reviewing new regulations that would govern drinking water reservoirs. Improvements will have
to be made, not only for Stumpy Lake, but for other Reservoirs as in the Bayside area (Lake Smith, Lake
Lawson). As these new regulations are in place, a management strategy must be devised for safeguarding
those Reservoirs, which will mean going back upstream and reviewing improvements for the stormwater
drainage system, retrofitting the Best Management Practices (BMP), installing and planting buffer areas.
Councilman Diezel supported environmental issues, but expressed concern regarding suggesting land
planning use to the City of Chesapeake.
A Resolution and accompanying letter to the Us. Army Corps of Engineers shall be scheduledfor discussion
and voted during the Formal City Council Session.
Resolution authorizing the Mayor to submit, on behalf of the City,
comments concerning the permit application for Tri-City Properties,
LLC to the United States Army Corps of Engineers.
This Resolution shall cite the City's concerns to be contained within the Mayor's correspondence.
March 1,2005
- 6-
CITY COUNCIL LIAISON REPORTS
4:20 P.M.
ITEM # 53635
Councilman Reeve, Liaison to the Open Space Subcommittee, referenced the meeting yesterday (Monday,
February 28, 2005), at the Bayside Recreation Center. These meetings will be conducted in the different
planning areas thus taking the subject to the general public, Last night the discussion entailed the Bay front
Planning District. The majority of the Civic Leagues in the Shore Drive Corridor were represented by either
the President or the Vice President. Lively debate and discussion ensued re their desires to purchase the
McLeskey property at Pleasure House Point. The attendees were unanimous in support of finding ways to
have the City purchase the entire property. Information relative the current fund balance in the Open Space
program was provided. At this time, there are not adequate funds to purchase the entire parcel. Councilman
Reeve broached the idea re if the real estate tax rate was rolled back, would the attendees support keeping
one or two cents of this as a dedicated funding source for open space, The representatives would discuss this
option with their respective civic leagues.
ITEM # 53636
Councilman Wood, Liaison to the Volunteer Council, referenced the Annual Statistics and Achievements of
the Office of Volunteer Resources. Councilman Wood referenced the correspondence of Director, Mary C.
Russo.
23,223 Volunteers donated 1,397,511 hours. The value of these service hours is $16,606,329 and negates
the need of the City hiring 672 full time equivalent positions. National trends indicate the volunteers are
taking advantage of short term opportunities which take fewer hours and affect the total value.
Councilman Wood advised there are certain departments that utilize Volunteers a great deal while other
departments under utilize these volunteers. Councilman Wood wished the City Council to request the
different City departments report on their usage of Volunteers both historically, as well as their efforts to
recruit and retain.
ITEM # 53637
Council Members Wood and Schmidt, Liaisons to the Virginia Aquarium & Marine Science Center,
distributed their report, which is hereby made a part of the record.
Present Status
All plantings for the landscaping project for the East Parking Lot
should be completed in four weeks, except for those areas that will be
affected by the Pedestrian Bridge project. Light Pole installation is
scheduled for May
The estimated cost of the Pedestrian Bridge project has increased by
$l-MILLION to be approved in the FY 2006 Operating Budget. In the
meantime, Parsons Brinckerhoff is working on their scope of services,
Near-future actions
Within the next two to three weeks, the Aquarium Foundation will enter
into a letter of agreement with the architectural firm of ChermayefJ,
Sollogub & Poole (CSP) for the renovation and new exhibits project
at the Aquarium.
March 1, 2005
- 7-
CITY COUNCIL LIAISON REPORTS
ITEM # 53637 (Continued)
Unresolved Issues/Issues under study
The Aquarium is working with the City to evaluate five (5) proposed
sites for the Animal Care Annex (Stranding Center)
ITEM # 53638
Council Members Wood and Schmidt, Liaisons to the Lynnhaven River Watershed Restoration Study,
distributed a copy of their report:
Present Status
Participation with the Army Corps of Engineers study - ongoing
Continuing to work with Lynnhaven 2007
TMDL Implementation Plan preparation continuingfor the
Department of Environmental Quality
Lakes Selected for Water Quality Measures
Fundingfor expanded water quality programs proposed in the Capital
Improvement Budget
Continuing to identify City properties for Water Quality Retrofits
Work Order awardedfor Environmental Protection Agency (EPA)
application for the "No Discharge Zone".
ITEM # 53639
Vice Mayor Jones and Council Members Diezel and Dyer, Liaisons to the City Council for Major and Local
Road projects and Strategy distributed their report:
Major State Roads
Present Status
Hampton Roads 2026 Regional Transportation Plan Approved
Hampton Roads 2030 Regional Transportation Plan Team meeting on
regular basis
Southeastern Parkway and Greenbelt: Draft Environmental Impact
Statement was sent to the Federal Highway Administration in December
2004 with their Record of Decision anticipated in the Spring 2005
Review State Budget for Transportation
March 1, 2005
-8-
CITY COUNCIL LIAISON REPORTS
ITEM # 53639 (Continued)
Local Road Projects
Present Status
Continuing to transition management of State Urban Roadway
program to the City through First Cities Initiative
Continuing to develop Congestion Relief/Traffic Safety program
based on additional tax revenues
Fundingfor some Transition Area roadway projects proposed in
FY 2005/06 Capital Improvement Program (West Neck Road and
West Neck Parkway)
ITEM # 53640
Vice Mayor Jones, Council Members Maddox, Wilson and Wood. Liaisons to the City Dredging Policy and
Program, distributed their report:
Present Status
Three presentations delivered in 2004
City Council expectations clarified: focus is Neighborhood Channels
Range of program proposals being developed for City Council
consideration
Two City Council Liaisons briefed by staffweek of February 21,2005;
third City Council Liaison briefed February 28,2005, with briefing
for fourth Liaison being scheduled
Near-future actions
Staff briefing in January 2005, on range of program alternatives
Potential budget considerations
Briefing remaining two (2) City Council liaisons
Unresolved Issues/Issues Under Study
Degree of participation by waterfront property owners
1. To establish a project
2. To structure and finance the project
Methods of cost distribution
1. City share
2. Property owner share; equalized or actualized
March 1, 2005
-9-
MA YOR 's COMMENTS
ITEM # 53641
Mayor Oberndorf advised she attended the Leadership meeting of the Us. Conference of Mayors held in
Key West, Florida. Dr. Sampson, Assistant Secretary of Commerce under President Bush, attended.
Discussion entailed the Community Block Development Grant funding re housing, senior citizen centers,
et cetera. Dr. Sampson advised the Administration had conducted a study on each city re the utilization of
these funds. This year all the fundingfor these grants has been cut in 'half. Next year, this funding will be
under the Department of Commerce, not the Housing Department, A brochure distributed by Dr, Sampson
clarified this funding not available from the Federal Government will be replaced by funds from the States
and Municipalities, Mayor Oberndorf was very proud Senator George Allen requested the President
continue the support of the Community Development Block Grant funding. Senator John Warner has not
stated his position; however, Senator Warner is Chairman of the Armed Forces Committee.
Mayor Oberndorf advised no city funds were involved. She and her husband paid for the trip and there is
no registration as she is a Trustee and part of the leadership of the U.S. Conference of Mayors
ITEM # 53642
Mayor Oberndorf requested the City Clerk remind her of the ground rules re the Open Mike (Comment on
Non-Agenda items) at the first Formal Session of each month. The City Clerk advised the Open Mike would
not be televised, and the speakers allowed 3 minutes each. Up to ten (10) speakers may register to speak
on non-agenda items. There are significantly more than ten (10) registeredfor this meeting.
City Council concurred all registered speakers should be allowed to speak.
March 1, 2005
- 10-
AGENDA RE VIE W SESSION
4:30 P.M.
ITEM # 53643
K1. Ordinance to AMEND City Code S 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,
Mayor Oberndorf referenced Gene Hansen sent her an e-mail reiterating his concerns.
Councilman Reeve advised Mr. Hansen had requested a DEFERRAL in order for this item to be reviewed
by the Bikeways and Trails Advisory Committee. Horseback riding is not allowed within the Federal
Refuge; however Mr. Hansen is concerned re other parks within the City not allowing horseback riding.
Council Lady McClanan also received an e-mail from Janet Werndli, Member - Bikeways and Trails
Advisory Committee, who advised Mr, Hansen had contacted her.
Representatives of the Back Bay National Wildlife Refuge concurred with Deferral.
ITEM # 53644
Councilman Maddox distributed a Resolution which he requested be ADDED to the Agenda:
Resolution to request the School Board to reconsider its decision to
construct a new consolidated Virginia Beach Middle/Kemps Landing
Magnet School at the current site of Virginia Beach Middle School
ITEM # 53645
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES
K1. Ordinance to AMEND the City Code S 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,
K2. Ordinance to AMEND the City's Open Air Cafe
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 22nd, 2005)
K3. Ordinance toAPPROPRIATE $989,1 27 from the Tourism
Advertising Program Revenue to the FY 2004-05
operating budget of the Convention and Visitor Bureau for
tourism marketing-related activities
March 1, 2005
-11 -
AGE N DA REV IE W S E S S ION
ITEM # 53645 (Continued)
K.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)
K.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,
Item K.1. will be DEFERRED INDEFINITELY, BY CONSENT
Item K.2. will be DEFERRED until the City Council Session of March 8, 2005.
March 1,2005
-12 -
ITEM # 53646
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
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
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such institution pursuant
to Section 3711 (A)( A)(3).
Acquisition/Disposition of Property - Beach District
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into
CLOSED SESSION (4:45 P.M.).
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
(Closed Session: 4:45 P.M. - 5:45 P.M.)
(Dinner: 5:45 P.M. - 6:05 P.M.)
March 1, 2005
-13 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 1, 2005
6:08 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 1,2005, at 6:07 PM,
Council Members Present:
Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W. Schmidt, Rosemary Wilson and James L. Wood
Council Members Absent:
Harry E. Diezel
[Left due to illness]
Ron A. Villanueva
[Flat Tire: Entered Formal Session:
6: 15 P.M.]
INVOCATION: Reverend Jimmy Bennett, Sr.
Pastor, Avalon Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and ofwhich she does not have personal knowledge, In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council,
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agendafor each meeting of City Councilfor the purpose of identifying any
matters in which she might have an actual or potential conflict, If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure, Council Lady Wilson's letter of January
27, 2004, is hereby made a part of the record.
March 1, 2005
- 14 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 53647
Upon motion by Councilman Schmidt, seconded by Councilman Dyer, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan, Richard
A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Ron A. Villanueva
March 1, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 53646, page 12, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~~-
uth Hodges mith, MMC
City Clerk
March 1,2005
- 15 -
Item V-F.J.
MINUTES
ITEM #53648
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the
Minutes of the FORMAL and INFORMAL SESSIONS of February 22,2005.
Voting: 9-0
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S McClanan,
RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W.
Schmidt, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Ron A. Villanueva
March 1, 2005
- 16-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 53649
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
Resolution authorizing the Mayor to submit, on behalf of the
City, comments concerning the permit application for Tri-City
Properties, LLC to the United States Army Corps of Engineers,
Resolution to request the School Board reconsider its decision
to construct a new consolidated Virginia Beach Middle/Kemps
Landing Magnet School at the current site of Virginia Beach
Middle School
March 1, 2005
-17 -
Item V-G.2.
MAYOR'S INTRODUCTION
ITEM # 53650
Mayor Oberndorf RECOGNIZED the following SENIOR GIRL SCOUTS in attendance, The Scouts are
on their way to earn the Gold Scout distinction:
GIRL SCOUT TROOP 667
L. B. Moke
Leader
Barbara Jakimjuk
Co-Leader
Sarah Wilson
Elizabeth Scales
Rebecca Moke
Nicole Jakimjuk
March 1, 2005
- 18-
Item V-H.I.
PRESENTATION
ITEM # 53651
Mayor Oberndorf recognized Mark Reed, Historic Resources Co-ordinator. Mr. Reed advised the City
Council acquired a National Historic Landmark, theAdam ThoroughgoodHouse one and 'half years ago.
The Thoroughgood House was acquired to preserve for future generations, Fifty (50) years ago, Henry
Clay Hojheimer, IL and other individuals pooled their resources to preserve and restore the Thoroughgood
House and they acquired appropriate antiques for its furnishing.
Last month, Mr. Hojheimer passed. The students at Thoroughgood Elementary School are following in Mr.
Hojheimer 's footsteps. Mr. Reed introduced Jorja K. Jean, Art Specialist - Thoroughgood Elementary
School and Member of the Board of Governors for the Adam Thoroughgood House. Dr, Cheryl Zigrang is
the Principal of Thoroughgood Elementary,
A very valuable decorative Delft Bowl was purchased in honor of Adam Thoroughgood's 400th Birthday.
Six hundred thirty-one ($631) dollars was raised by the students in an SCA project (one quarter at a time),
Mark Allan, a foremost dealer and advisor to many Museums, offered to obtain a bowl at a considerable
discount price.
Mrs. Jean introduced the following students:
Christian Chase
2004 SCA President
Courtney West
2005 SCA President
Jenna Baraki
SCA Vice President
The students presented the Delft Bowl to Mayor Oberndorf
March 1, 2005
- 19-
Item V-I.1.
PUBLIC COMMENT
ITEM # 53652
Mayor Oberndorf INVITED PUBLIC COMMENT:
SURREY REGULATIONS
The following registered in OPPOSITION:
Amit Patel, 2376 Huckleberry Trail, Phone: 563-9858, business owner
Richard Kowalewitch, 1163 Woodcock Lane, Phone: 422-3337, owner and operator of a bike rental for
twenty (20) years.
Dorothy Patterson, 1163 Woodcock Lane, co-owner - D & R Rentals
Bhavesh Patel, 1110 Atlantic Avenue, Phone: 491-8280, concerned re eliminating renting bikes on
Atlantic Avenue
Pradip Shah, 2541 Sanderson Lane, Phone: 430-8534
Vijay Shah, 28th Street, Phone: 491-6143
Niraj Doshi, 801 Atlantic Avenue, Phone: 491-6792
Deeva Shah, 2541 Sanderson Lane, Phone: 430-8534,freshman at Princess Anne High School,
concerned re creation of a monopoly
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT.
Councilman Maddox suggested a stakeholders meeting be conducted and the City Manager review a vehicle
for better enforcement of bicycles, surreys and that this information be provided to City Council in a timely
manner.
March 1, 2005
- 20-
Item V-L2.
PUBLIC COMMENT
ITEM # 53653
Mayor Oberndorf INVITED PUBLIC COMMENT:
POLICE FIRING RANGE
The following registered to speak in SUPPORT:
Mary Anne Dixon, 607 1 (jh Street, Phone: 428-4277, Co-Ordinator of the Citizens Advisory Board
for the Virginia Beach Police Department. Mrs. Dixon distributed brochures re the scheduled
meetings of the Citizens Advisory Board.
Harvey Eluto, 5264 Lowery Down, Phone: 456-0005
NickXenakis, 1436 Campbell's Landing Road, Phone; 426-5303
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT.
March 1, 2005
- 21 -
Item V-I.3.
ADD-ON
ITEM # 53654
The following registered in SUPPORT and expressed appreciation:
Barbara Yates, 318 24th Street, Phone; 428-8052, represented the Resort Beach Civic League
Diane Gillespie, 710 Winston Salem Avenue, Phone: 437-1422, parent offormer and current Kemps Landing
A1agnetSchoolStudent
Claire Pickard, 617 Heron Point Circle, Phone: 463-1339, 7'h Grader - Kemps Landing Magnet School
Upon motion by Councilman Maddox, seconded by Vice Mayor Jones, City Council ADDED to the Consent
Agenda as Item K. 6:
Resolution to request the School Board reconsider its decision to
construct a new consolidated Virginia Beach Middle/Kemps Landing
Magnet School at the current site of Virginia Beach Middle School
Voting: 10-0
Council Members Voting Aye:
Robert M, Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
March 1, 2005
- 22-
Item V-I.4.
ADD-ON
ITEM # 53655
Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADDED to the Agenda,
AS REVISED*:
Resolution authorizing the Mayor to submit, on behalf of the City,
comments concerning the permit application for Tri-City Properties,
LLC to the United States Army Corps of Engineers.
*The verbiage "significantly larger" shall be added on line 41, Section 1:
"1. The cumulative impacts of the significantlv lanzer project. "
Voting:
8-2
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox,
Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A, Villanueva,
Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
Reba S. McClanan and Jim Reeve
Council Members Absent:
Harry E. Diezel
March 1, 2005
- 23-
Item V-K.
ORDINANCES
ITEM # 53656
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE
MOTION Items 1 (DEFER), 2 (DEFER), 3, 4a/b/c, 5 and 6 (ADDED) of the CONSENT AGENDA.
Item 1 was DEFERRED INDEFINITELY, BY CONSENT
Item 2 was DEFERRED until the City Council Session of March 8, 2005.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
March 1, 2005
- 24-
Item V-K.l.
ORDINANCES
ITEM # 53657
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED
INDEFINITELY:
Ordinance to AMEND the City Code 8 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,
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E, Diezel
March 1, 2005
- 25 -
Item V-.K.2.
ORDINANCES
ITEM # 53658
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED until the
City Council Session of March 8, 2005.
Ordinance to AMEND the City's Open Air Cafe 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 22nd, 2005)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R, Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A, Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
March 1,2005
- 26-
Item V-K.3.
ORDINANCES
ITEM # 53659
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinance to APPROPRIA TE $989, 12 7 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
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
RichardA. Maddox, Mayor MeyeraE, Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
March 1, 2005
1
2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE TO APPROPRIATE $989,127
FROM FUND BALANCE IN THE TOURISM
ADVERTISING PROGRAM SPECIAL REVENUE
FUND TO THE FY 2004-05 OPERATING
BUDGET OF THE CONVENTION AND VISITOR
BUREAU FOR TOURISM MARKETING-RELATED
ACTIVITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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 Ci ty Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 1~r day of March , 2005.
Approved As to Content:
Approved As To Legal
Sufficiency:
Jj~A)Ct
Management
trfiv~ ~~.
lty Attorney' ffice
r-------
CA9497
R2
February 10, 2005
H:\PA\GG\ORDRES\CVB-Tourism Marketing ord.doc
- 27-
Item V-K.4a/b/c
ORDINANCES
ITEM # 53660
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATEfunds 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
retrofiUing 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)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
March 1, 2005
1
2
3
4
5
6
7
8
9
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
10 from the Department of Homeland Security, and has identified
11
$218,100 in estimated state revenue for a required grant match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
12
13
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
27
28
Adopted by the Council of the
Virginia on the ~ day of March
City of Virginia
, 2005.
Beach,
Approved as to Content:
Approved as to Legal
Sufficiency:
..'11/VVU1--
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 Cou rthouse 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 https:/Iportal.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,
ft--
Matt A.Mayer
Acting Executive Director
Office of State and Local Government
Coordination and Preparedness
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Agreement Articles
U.S. Department of Homeland Security
Washington, D.C. 20531
ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Firefighter Safety program
AGREEMENT ARTICLES
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 VIII - Performance Reports
The grahtee 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: Selinda Sedran 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
Uniform administrative requirements for grants and cooperative
agreements to state and local governments
Government-wide Debarment and Suspension (Non-procurement)
and Government-wide Requirements for Drug-free Workplace
(Grants)
New Restrictions on Lobbying
Part 13
Part 17
Part 18
31 CFR 205.6 Funding Techniques
OMS Circular A-21 Cost Principles for Educational Institutions
OMS Circular A-87 Cost Principles for State/local Governments, Indian tribes
OMS Circular A-122 Cost Principles for Non-Profit Organizations
OMS Circular A-
102
Uniform Administrative Requirements for Grants and Agreements With State and Local
Governments Assistance to Firefighters Grant Application and Assurances contained therein.
Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher
Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant
Application and Assurances contained therein.
OMS Circular A-
110
Article XII- 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 sou rces) 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 (GAD), 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 until 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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la. AGREEMENT NO,
EMW-2004-FG-13274
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
11, EFFECTIVE DATE OF
THIS ACTION
04-FEB-05
Page 8 of 8
FEDERAL EMERGENCY MANAGEMENT AGENCY
OBLIGATING DOCUMENT FOR AWARD/AMENDMENT
2, AMENDMENT 3. RECIPIENT NO.
NO. 54-0722061
o
7, ISSUING OFFICE AND ADDRESS
ODPfFinancial and Grants Management
Division
500 C Street, S.W" Room 350
Washington DC, 20472
POC: Belinda Bedran 202-646-3503
4. TYPE OF
ACTION
AWARD
8. PAYMENT OFFICE AND ADDRESS
ODPfFlnancial Services Branch
500 C Street, S.W" Room 723
Washington DC, 20472
5. CONTROL NO.
W397589N
PHONE NO.
757-427-8811
10. NAME OF PROJECT COORDINATOR
Tom Harrington
PHONE NO.
(202) 307-2790
12. METHOD OF
PAYMENT
SF-270
13. ASSISTANCE ARRANGEMENT
Cost Sharing
14. PERFORMANCE PERIOD
~~om:04-FEB- To:03-FEB-06
Budget Period
~~om:01-0CT - To:30-SEP-05
15. DESCRIPTION OF ACTION
a. (Indicate funding data for awards or financial changes)
PROGRAM CFDA NO. ACCOUNTING DATA
NAME (AACS CODE)
ACRONYM XXXX-XXX-XXXXXX-XXXXX-
XXXX-XXXX-X
AFG 97,044 2005-62-0364RE-63000000-
4101-R
PRIOR AMOUNT CURRENT CUMMULATIVE
TOTAL AWARDED THIS TOTAL AWARD NON-
AWARD ACTION FEDERAL
+ OR (-) COMMITMENT
$0.00 $508,900.00 $508,900,00 $218,100.00
$0.00 $508,900.00 $508,900.00 $218,100.00
TOTALS
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 retum 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 Titie)
N/A
18. FEMA SIGNATORY OFFICIAL (Name and Title)
Pamela Greene
DATE
N/A
DATE
01-FEB-05
https://portal.fema.gov /firegrantfisp/fire _admin/awards/spec/view _award_package. do ?agre... 2/1512005
1
2
3
4
5
6
7
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
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 $50,000 in the FY 2004-05 Operating Budget.
16
3.
That a part-time position is hereby continued in the
17
FY
2004-05
operating
budget
for
Medical
Reserve
Corps
18 operations; provided, however, that this part-time position is
19 conditioned upon continued grant funding.
20
Adopted by the Council of the City of Virginia Beach,
21 Virginia on the ~ day of March
, 2005.
Approved as to Content:
Approved as to Legal
Sufficiency:
J~clfv~U. ~ M~ ~
Management Services ~ \
CA9512
P&A/GG/orders/medical reserve ORD
February 18, 2005
R-2
/
City
_1NIl~
301 594 9399 P.02
PU!!~!~.~~.~n!,$..~~Y.JCE
OFFICE or !.V.~Mf..!!~~~!MAND SCIENCE
OfFICE OF THE SURG.ll:ON GENERAL
ROCKvilt:E:'MARVLA"Nirio8s1
NcfnCE'OFGMNTAWARD
AUTHoRizAnoN-iL;s,i$;;ti;;;.-jR~9~laliOn)
OCT-20-2004 15: 05
/' 09/01/041
, :). SIJPERSEDESAWI\RDNO'TICEdale<l NlA
_I""""............ ...........11"""'104 ......1. lit 011... uIlI_ ~r...JV_"''''.
<,:" G~NO, :;.ADMlNlSlRATlliECODES
MRCSG030074-02-0 MPU-S2
OPHS OGM
93_008
F~tlllerly:
US2SG03032
MEDICAL RESERVE CORPS
TITLE XVI i'-SeCTION 1'r01(G)"(1);
PUBLIC HEALTH SERVIce ACT AS AMENDED
7.
PROJECT PERIOO Ma/D.;l)'fYr MofTJ8y1Vr
FROII 09130/03!rHROUGM 09/29/06
BUllGET PERIOD MOJDJlyf'f' ~yfVr
I'fl,OM 09130l041THROUGH 09129/05
nn.eoFPROJECTj;'RPROGRMII Medical Reserve Corps Demonstration Grant pro~
s,
9, GR/IN1'SS NAM!: AN ADDRI:SS ~mm.croR OF PROJECI(PRO DIRECTOfl/PRINCJPAL INveSTIGATOR)
;I. City of Virginia Beach, Fire Department Erin E. Sutton
Virginia Beach Department of Public Health Emergency Planner
~. Municipal Center Virginia Beach Department of Public Heal1h
4452 Corporation Lane
c, .2401 Court House Drive, Bldg. 1 Virginia Beach, VA 23456
d, Virginia Beach VA 23456
11. 1\ (I:lCClUclS5 PH3 Dl18ClAJllISI:lOCCO t~.AWI JIll.!:. XVI. seCT'ON' 1701(d) (1).
I PHS~ll'uncl; Only I ... AmOur>l o/f PtlS ~ndoIAlal-_lfro", 11811I 11 ,v.) $50,000
" TO!:" orcll!Cl "",clnc:lUdIIIg glltnl l\Incl8 and al ocher I b. Leos ~5V9Ieo Balance rlllm PrIor Iluclgcl ~
Ilnancbl ",,/lk;;Ic>;lBDn. rSol", 0118 end Pl8ce NUMERAL In -" Co LV'''''' CUfflIJIaM PtfOt Awlltllf.l) ThIs BPdg\ll PerlQ<l
... S,o,,"r18 ~IKI wegw.............., 527,784 ~,MIOUNr OF F\NANClAL AS$I$TI'NCE TtIIS ACTION r $50,000 1
tt. Frln08B8IlllIiI9...............".... 2,125 13.RECOMa.IENDab MU~E SVPPORT(SUSJGCT TO THE AVAILABILITY OF FIIND$ AND
(l. Talal Pel8Onnl!l c.,~",... ...,,,.,.,............-..... $29,909 SATiSPACTCm1 PROGRESS OF~PR~ ,
/J. COI'l>Ull;lnl CoGl5...,............. __'...................~ Q YEAR TOTAL COSTSISTIPekO$ Y\!AR TOTAL COST$I$'rJPENOS
9. EcIUlJllllenl...,..."........,.."..... ......n..',................ 600 ~O3 50.000 d.
t, SUpolles..,...... .._................ ".,.......-...........-- 17.184 b. 9.
O. TrllveL..._........................,.. ..."'.....'..........,..... S07 Cl. I.
b, P:lliMl C:ln>-Inp~""nt......h. ....-..............-..... 0 1.. APPROVED MeeT A9S/STANCe aUOGET (ItolI.IEU OF t:ASH)
i. .Ou~P~~L,............. .............",".."..11. 0 ,. AmoUIll of PHS DIred As$IIIlI~
/. A1181'i\iont aflCl R""~ ....-.,.,...............- 0 b. Lees ~ ~~elromI'llor8l1cl9d PesIod$
~. OUult...........,...._.........,..,,,... ..................-....... 1.600 c- leo:; CumII~p" PIlOt AwlIld(ll) Tbl:: lllJdg. Petfo<l .
I, COnOOl1lum>lConlr.lelu"" Qoe18 .......,........ ........... 0 ~. AMOUNT OF DIRECT ASSISTANCE THIS ACTION r J
/0, Train.e Roble" ~pllfll;e$........ _..............._...... 0 15. PROG~IU..I"ICOME SUBJECT TO &!iCl'R F'Al{l' 74. SUBPART 1'. OJ
n. T"'ln.. Sllp~,"............. ..................-....... 0 SH.W. Be use~ IN ACCORl)WlTH one OF THE FOUOWING A~ T~NATlVES~
o. Tr:>ln..1V>'tion "''' Ffl&a.......... .................."",'... 0 C$cIect ontt and P13ce LETTER In bDx.)
p. T""""" T......""............... ...._n.....n."." l) "- oeoUCTlON D
It. ADDITIONAL COSTS
q. 'tOTAL DIRECT C031S $50.000 C. MATCHING
r. INDIRfCT COS'\'So(ll;Itll I).~ d. OTHER ReSEARCH IAddlDllduct O~)
01 S&WfTADC) l) ~. OTHellt (See REMARKS)
16. TI-llS AWAP/J I$llASED ON AN APPlICAtION SUBMITTED TO A~O AS AP~O
ll. TOTAL APPROVeo BUDGET $50.DOO IlY. THe Pt1S ONTHf ABOVE mt.eD F'AOJECT AND IS SUBJECT TO THE TERMS
ANt> CONlllTIONS INC~TED EITHER DIREcrLV Of( BY REFEREIoICE IHTHE FOlLOWING:
I. FcdCti011 SI'\(lI,....... ...... ............... ....... .._.............'n $50.000 :t. n. Jl<ll~l_m legIobUon "Ic" ~C9\19.
v. Nono~cdc",1 Shll'..,................. ........................." SO D. 1lll/ O"'nlllJllOtllllllllOUl.>~D11 CIted ~tIDY..
'Mu~117llIll1 ~K rreIcIlillll reQ\tir""'''D~ Co TI1I~ ~ nol\(A ~~1ltI& an4CCl<1dlllDor..<< ~Y.IlQ\Il4ll&Io... _ Rem&IM.,
Subjacllo adj"-nl In ;lCCOI'\l3l1C. wRh p~ policy. d. l>lf9 GI8I\18 POlicy Sl:ll"",""tlndlJllIng ,"1l8fl(l3 In ~tr.cl"'" olIn. beoiRnil" If:llC of 11I0 bII~ 0._
e. 45 CFR p~ t4""d 45 CFR Pall 92 :l> "JlllIIc;lble.
In lIllo '''Cf1llh= ;m: ~nJ,l!nII Ot 1IIIl~ 1n__Jl;l9nIIlOlicies applie:>ble 10 1119 \lI3RI.
111I: ~bl/ll' O/dllr of p,~edtnce""" ptev,t~, AOO9Pl3I1C& cllhc gi;1n1 fenna e"" _dill"",
I X is ackllOwled~"d"" InA "ron.e. ""11I\ lunll& ,,'" _ tv OlhefWiM obtllnell Ir- 111ft Oll!lnl D,,,,,,,,ollMllelll.
REMARK$(Oll1er Terms & COndllion~ AIl6~ecl ye,s I INO
B
Due to ~n administrative change the Grant Number has been changed to MRCSG030074 (Block 4. Grant Number).
The Document Number (Line 2(}.) remains the same. Please use your document number when contacting the
Payment Management System for issues relating to your account.
'Y~
I-~I"',
I"'.'
PH~ ll/WoIT& """,","'~NT """'CEre
lr,OBJ,CUlSS
Karen C3m ell. Grants Mana amen! Officer, Of>HS
1540722061A3 1&,USTNO: SG2-04..0g
1>.
b.
b.
" MPU-S2
e.
c,
MIr.AClI~N F111....~,
d. $50.000
d.
d,
Mfl.ACTlON o.R. ""~T.
20.". 4-1990790
Z1.~.
Z:Z,~.
l>J1~I~I("',&'(I2.
e,
~,
~,
OCT-20-2004 15:06 OPHS OGM
'NOTICE OF GRANT AWARD (contlnuat[on Sheet)
PAGI 2 of
301 594 9399
DA'1'1!: XSSOBl)
P.03
~ NO.
MRCSG030074-02-0
ITI1'" 100.
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 fo1' 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 ofth~ Grants Management Specialist indicated below in "Contacts"'. All
correspondence should include the Federal grant number (item 4 on page] 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 HHS 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 finnnced 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 encowage 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.whitehouse.gov/wbleoplomb.
I'i1S.S1SZ. Z 15/;~)
Dk,
OCT-20-2004 15:07 OPHS OGM
NOTICE OF GRANT AWARD (c""tJrruari.",SFrcCI)
301 594 9399 P.04
UbI!. 3 of 4. VAI1'- J;);)tJ1'-V 09/01/04
C~TN~ MRCSG030074-02-0
ITEM NO.
REPORTING REQUIREMENTS:
(1) Financial Status Report SF-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 mmled to the following: Federal Audit
Clearinghouse, Bureau of the Census, 1201 E. lOth Street, Jeffersonville, IN 47132.
A copy of the audit must be sent to: Office of Minority Health, RoekwaJl II Bldg., 5515 Security
Lane, Suite 1000, RockviJIe, MD 20852.
The audits are due within 30 days of receipt from the auditor or within 9 months of the end ofthe fiscal year,
whichever occurs first.
Submission of audit reports in accordance with the procedures established in OMB Circular A-B3 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 Hwnan Services, Attn: HOTLlNE
330 Independence Ave., SW, Room 5140 Cohen Building, Washington, DC 20201
e-mail Htios(lUos.dhhs.uov 1-800-447-8477 (1-800-HHS- TIPS)
PHS.51S2 - 2 (5/921
Ill<.
OCT-20-2004 15:07 OPHS OGM
''NOTICE OF GRANT AWARD (Cf1"lill"atif1IfSII~
PACE 4 of 4
301 594 9399 P.05
DATE ISSUED 09/01104
GRANTN(). MRCSG030074-02-0
ITEM NO.
CONTACTS:
Grants Management:
For assistance on grants administration issues please contact: DeWayne Wynn, Grants Manag~ment
Specialist, at (301) 594-9417, FAX (301) 443-9399, Internet DWynn@osoohs.dhhs_f!Ov or Office of Public
Health and Science, Office of Grants Management, 1101 Wootton Parkway, Suite 550, Tower Building,
Rockville, MD 20852.
PrOtect Officer:
For assistance on programmatic issues please contact LCDR April Kidd, Project Officer, at
(301) 443-1401, FAX (301) 480-1163, Internet AKidd(i)oSODbs.dbhs.t!ov or Office of Surgeon General,
Office of Public Health and Science, U.s. Department of Health and Human Services, Room 18-CI4, 5600
Fishers Lane, Rockville, MD 20857.
lffill-S152.2 (5/~21
Dle,
TDT~L P.05
1
2
3
4
5
6
7
8
9
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
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 1...s.L day of March
, 2005.
Approved as to Legal
Sufficiency:
t~ .~~.(l
City Attorney's Otfice
Approved as to Content:
~U.'
CA9513
P&A/GG/ordres/Fema Task Force 20RD
February 18, 2005
R-2
COMMONWlEAlLTH ({))jVJfRGl!Nl!A
Aubrey W. Hyde, Jr.
Executive Director
January 31, 2005
OffIce of Administration
1005 Technology Park Drive
Glen Allen, VA 23059
Phone: 8041371-0220
Fax: 8041371-0217
Virginia Department of Fire Programs
Mr. Steve Cover
Task Force 2
Virginia Beach Fire Department
927 South Birdneck Road
Virginia Beach, VA 23451
Dear Mr. Cover:
Congratulations on the selection of Task Force 2Nirginia Beach Fire Department as the
state designated Heavy and Technical Rescue Team for our Division V. The seven (7)
designated teams will playa 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 $42,857.00 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 nhlin~t(:!rl for purchase by the locality with a
CODV of the Durchase order sent to VDFP bv M~r~h 1 ~ ?nn~ 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, 2:f2~tfi
' $;'/IIA ~ '
Aubrey . Hyde Jr. '
Executive Director
Cc: Mark Morton, VDFP HTR Chief
www.vafire.com
- 28-
Item V-.K.5.
ORDINANCES
ITEM # 53661
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
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.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
March 1,2005
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
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Adopted by the Council of the City of Virginia Beach,
Virginia, on the _...1..s..t... day of March
, 2005.
Approved as to Content:
APPROVED AS TO LEGAL SUFFICIENCY:
t' -~ 1\ b n
'::> ) 0 ;\;\ r 4 , J"
Management Services
t~ S:~~~-,Cf
City Attorney's ffice '
CA9511
P&A/GG/Ord/res/VMSM CIP 3-322
R-2
February 18, 2005
1
- 29-
Item V-K.6.
RESOLUTION
ITEM # 53662
ADD-ON
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED:
Resolution to request the School Board reconsider its decision to
construct a new consolidated Virginia Beach Middle/Kemps Landing
Magnet School at the current site of Virginia Beach Middle School
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
RichardA. Maddox, Mayor MeyeraE. Oberndorf, Jim Reeve, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
March 1,2005
REQUESTED BY COUNCILMEMBER MADDOX
1 A RESOLUTION TO REQUEST THE
2 SCHOOL BOARD TO RECONSIDER ITS
3 DECISION TO CONSTRUCT A NEW
4 CONSOLIDATED VIRGINIA BEACH
5 MIDDLE/KEMPS LANDING MAGNET
6 SCHOOL AT THE CURRENT SITE OF
7 VIRGINIA BEACH MIDDLE SCHOOL
8 WHEREAS, by Resolution the School Board of the City of Virginia Beach
9 (Board) voted to consolidate Virginia Beach Middle School and Kemps Landing Magnet School;
10 and
11 WHEREAS, the Site Selection Committee which was appointed by the Board to
12 identify a location for the new consolidated school examined numerous possible sites over an 18
13 month period; and
14 WHEREAS, the Site Selection Committee encountered difficulty in locating an
15 appropriate site for the consolidated school within the district served by Virginia Beach Middle
16 School; and
17 WHEREAS, the Site Selection Committee ultimately recommended to the Board
18 that the new consolidated school be constructed on a site of approximately 26 useable acres,
19 which includes the current site of the Virginia Beach Middle School; and
20 WHEREAS, in making its recommendation, the Site Selection Committee also
21 recommended "that the School Board review its consolidation decision to ascertain if the
22 advantages of consolidation still warrant moving ahead with a combined Virginia Beach
23 Middle/Kemps Landing Magnet School"; and
1
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
WHEREAS, the Site Selection Committee's recommendation that the Board
review its consolidation decision followed a lengthy public comment meeting at Virginia Beach
Middle School at which residents living in proximity to the school described existing traffic and
drainage problems which, they believed, would be made worse if the new consolidated school
were to be constructed on the site; and
WHEREAS, on February 8, 2005, the Board adopted a resolution to construct a
consolidated school at the site of the current Virginia Beach Middle School; and
WHEREAS, the City Council is concerned that the streets and other public
infrastructure in the vicinity of the current Virginia Beach Middle School will be overburdened if
the proposed consolidated school is constructed at the proposed site.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City Council understands the difficulty encountered by the
School Board and its Site Selection Committee in attempting to identify a suitable site for a
consolidated Virginia Beach Middle School and Kemps Landing Magnet School.
2. That the City Council understands that consolidation of the two School
programs significantly increases the number of students at the school;
3. That as a result of the consolidation concerns have been raised that the
construction of the consolidated school at the site of the current Virginia Beach Middle School
will overburden the streets and other public infrastructure in the area.
4.
That, because of the difficulty in locating an appropriate site for a
45 consolidated school, the City Council requests the School Board of the City of Virginia Beach to
2
46
47
48
49
reconsider its decision to consolidate Virginia Beach Middle School with Kemps Landing
Magnet School.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
1 st day of March ,2005.
3
- 30-
Item V-K.6.
RESOLUTION
ITEM # 53663
ADD-ON
The following registered to speak:
Paul Hamaker, 1813 Brekading Court, Phone: 479-3133, Vice President - Citizens for Stumpy Lake
registered in SUPPORT. Virginia Beach has a $13-MILLION investment in Stumpy Lake. The
Environmental Protection Agency (EP A) has an injunction on the Tri-City property to be developed.
They have been ordered to "fill-in" the ditches and restore the property. The ruling by DEQ is in the
Virginia Court of Appeals.
Andrea Kilmer, 801 Costa Grande Drive, Phone: 721-2908, Vice President - Tri-City Properties, registered
in OPPOSITION to the Resolution. Ms. Kilmer read into the record the Department of Environmental
Quality (DEQ) permit and letters from the City of Chesapeake. 262 acres will buffer the Tri City property
from the City of Virginia Beach property surrounding Stumpy Lake. Inn addition, there will be 290 acres
of off-site mitigation.
A MOTION was made by Vice Mayor Jones, seconded by Councilman Schmidt, that City Council ADOPT,
AS REVISED*:
Resolution authorizing the Mayor to submit, on behalf of the City,
comments concerning the permit application for Tri-City Properties,
LLC to the United States Army Corps of Engineers,
*The verbiage "significantly larger" shall be added on line 41, Section 1:
"1. The cumulative impacts of the significantlv larger project. "
On lines 54 to 59 the following verbiage shall be removed:
"", and
5. TJ,e potentia: ad'Olerse (vnJUjue,lC-eJ of the plOpo3ed plOject,
i"(:tiding ftitw e pltaJeJ thel eo), aJ I efiected in the anticipated
Eft vii onme,ltal impact Statement ftl the SOutneaJtelll JI.(1I A way
(md CI eenbelt. "
March 1, 2005
- 31 -
Item V-K. 6.
RESOLUTION
ITEM # 53663 (Continued)
Mayor Oberndorf advised she would submit a letter expressing her concern.
Voting:
5-5 (MOTION DEFEATED BY A TIE VOTE)
Council Members Voting Aye:
Robert M, Dyer, Vice Mayor Louis R. Jones, Mayor Meyera E.
Oberndorf, Peter W. Schmidt, and James L. Wood
Council Members Voting Nay:
Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva
and Rosemary Wilson
Council Members Absent:
Harry E. Diezel
March 1, 2005
- 32-
Item V-L.l.
APPOINTMENTS
ITEM # 53664
BY CONSENSUS, City Council RESCHEDULED:
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
March 1, 2005
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Item V-O.
ADJOURNMENT
ITEM # 53665
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:55 P.M.
a~_____~:_~!f~
BeverlyCJ. Hooks, CMC
Chief Deputy City Clerk
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'-l::~odges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
After ADJOURNMENT, Public Comments relative Non Agenda Items were heard.
March 1, 2005
- 34-
PUBLIC COMMENTS
Non Agenda Items
Sandy Linkous, 5225 South Lake Road, Phone; 464-1947, member Citizens Action Coalition, Inc. and the
Virginia Beach Taxpayers Alliance, requested a reduction of 15~ in the real estate tax rate (from $1.19 to
$1.04)
Robert K. Dean, 1204 Shawn Drive, Phone: 427-6607, represented the Citizens Action Coalition, Inc, and
the Virginia Beach Taxpayers Alliance, requested a reduction of 15 ~ in the real estate tax rate (from $1.19
to $1.04), referenced the pie chart displayed their beliefin excessive spending by the government
Marylane Castelluzzo, 5189 Stratford Chase Drive, Phone: 474-4346, represented the Citizens Action
Coalition, Inc. and the Virginia Beach Taxpayers Alliance, requested a reduction of 15if in the real estate
tax rate (from $1.19 to $1.04), Current 22% assessment based on approximately 18-month old data.
Mona G. Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, represented the Citizens Action Coalition,
Inc. and the Virginia Beach Taxpayers Alliance, requested a reduction of 15~ in the real estate
tax rate (from $1.19 to $1.04), Displayed a trend chart depicting the real estate tax rate from 1990 to
June 30, 2005.
Robert D. O'Connor, 204 52nd Street, Apt. A, Phone: 428-0902, represented the Citizens Action
Coalition, Inc. and the Virginia Beach Taxpayers Alliance, requested a reduction of 15~ in the real estate
tax rate (from $1.19 to $1.04). Mr. O'Connor displayed a chart depicting the forecast for the last 4-years.
John Moss, 4109 Richardson Road, Phone: 363-7745, represented the Citizens Action Coalition, Inc. and
Chairman - Virginia Beach Taxpayers Alliance, requested a reduction of 15~ in the real estate
tax rate (from $1.19 to $1.04). Mr. Moss displayed a chart illustrating the changes in real estate taxes for
a range of home values from $160,000 - $500,000 between 2005 and 2010. Based on the City Assessor's
forecast, real estate taxes will double.
William Bailey, 4841 Rosecroft Street, Phone: 495-0637, President - Virginia Beach Professional
Firefighters, referenced his proposal to hir e part time Emergencey Medical Service personnel
to drive ambulances during the day. During the day, the department experiences the highest call volume.
If six (6) part time or full time Emergency Medical Technicians are hired to drive the ambulances and the
twenty-four (24) paramedics hired last year were paired together during the day time, six (6) more
ambulances would be available during the day time (for less than $200,000). If sixteen (16) full time
employees were hired, only two (2) additional ambulances would result. Mr. Bailey requested a real
estate tax reduction.
Tim McCreight, 5475 Virginia Beach Boulevard, Phone: 404-6091, expressed concern relative the extreme
noise problem of an adjacent business, Discount Auto Sound. Mr. McCreight presented a petition in
OPPOSITION, which is hereby made a part of the record.
Daniel Baxter, 2201 Drumheller Court, Phone: 495-7224, President and Vice President of the Council
of Civic Organizations, expressed appreciation to Steven Thompson, Chief Financial Officer, for his
service to the community. Mr. Thompson has always offered his services and those ofhis team graciously,
Mr, Baxter suggested a community court be established. Mr. Baxter received a telephone call from a
Clean Community Commission Volunteer in Chesapeake requesting the City's support re the proposed
development around Stumpy Lake.
March 1, 2005
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PUBLIC COMMENTS
Non Agenda Items
(Continued)
Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399, requested a reduction of 15</; in the real estate
tax rate (from $1.19 to $1.04). Mr, Kirwin referenced statewide initiatives re an income based revenue
stream.
Paul Hamaker, 1813 Brekading Court, Phone: 479-3133, represented the Virginia Beach Council of
Civic Leagues, and distributed a copy of a Resolution relative an expenditure concerning replacement of
gray light poles with black poles near the Virginia Beach Court House. These poles incurred an additional
acquisition cost of $44, 000. Said Resolution is hereby made a part of the record. The City Manager will
forward a staffreport to Mr. Hamaker and advise the poles were purchased eleven (11) years ago.
March 1, 2005