City Council - Formal Session
Regular MeetingVirginia Beach, VA · December 3, 2024
Agenda
CITY OF VIRGINIA BEACH
“COMMUNITY FOR A LIFETIME”
CITY COUNCIL
MAYOR ROBERT M. "BOBBY" DYER - Mayor
ROSEMARY C. WILSON - Vice Mayor District 5
MICHAEL F. BERLUCCHI - District 3
BARBARA M. HENLEY - District 2
DAVID HUTCHESON - District 1
ROBERT W. "WORTH" REMICK - District 6
DR. AMELIA N. ROSS-HAMMOND - District 4
JENNIFER ROUSE - District 10
JOASHUA F. "JOASH" SCHULMAN - District 9
CHRIS TAYLOR - District 8
SABRINA D. WOOTEN - District 7
CITY HALL BUILDING
CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE
CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005
CITY MANAGER – PATRICK A. DUHANEY PHONE: (757)-385-4303
CITY ATTORNEY – MARK D. STILES December 3, 2024 FAX (757) 385-5669
CITY ASSESSOR – SUE CUNNINGHAM
CITY AUDITOR – LYNDON S. REMIAS
EMAIL: CITYCOUNCIL@vbgov.com
CITY CLERK – AMANDA BARNES
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY COUNCIL'S BRIEFINGS - CONFERENCE ROOM- 1:30 PM
1. STORMWATER OVERVIEW
L.J. Hansen, Director – Public Works
2. FLOOD PROTECTION PROGRAM AND FINANCING UPDATE 2:00 PM
Toni Utterback, City Engineer
Kevin Chatellier, Director – Budget
3. STORMWATER ERU CAPACITY AND RATE ANALYSIS 2:30 PM
Kaitlyn James, Deputy Director – Budget
4. COASTAL RISK STORM MANAGEMENT 3:00 PM
FINANCIAL CONSIDERATIONS
L.J. Hansen, Director – Public Works
5. CIP RETREAT PRE-BRIEFING / STORMWATER 3:30 PM
Melanie Coffey, Stormwater Regulatory Compliance Manager – Public Works
Jonas Alered, Waterway Maintenance Engineer – Public Works
6. CIP RETREAT PRE-BRIEFING / ROADWAYS 4:00 PM
David Jarman, Transportation Division Manager – Public Works
II. COUNCIL LIAISON REPORTS 4:45 PM
III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 5:00 PM
IV. CITY COUNCIL AGENDA REVIEW 5:15 PM
V. INFORMAL SESSION 5:30 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
1. Motion to Recess to Closed Session
VI. FORMAL SESSION -CITY COUNCIL CHAMBER- 6:00 PM
A. CALL TO ORDER - Mayor Robert M. "Bobby" Dyer
B. INVOCATION Reverend Tom Pitman
Pastor, Kempsville Presbyterian Church
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
1. Certify Closed Session
G. MINUTES
1. INFORMAL AND FORMAL SESSIONS November 12, 2024
2. INFORMAL AND FORMAL SESSIONS November 19, 2024
3. SPECIAL FORMAL SESSION November 21, 2024
H. MAYOR'S PRESENTATION
1. RESOLUTION – OPERATION SAFE HAVEN
Kelly Wright, Assistant Squad Commander / EMT – Plaza Volunteer Rescue Squad
I. PUBLIC HEARINGS
1. PROPOSED PROPERTY TAX EXEMPTIONS
Domi Deeds
My Favorite Charity Events Organization
Fight for CF Foundation
Kaizen Adaptive Training, Inc.
Aid Another
Healing of the Soul Ministry
STSTLT, Inc.
Alanton Baycliff Recreation Center, Inc.
Powerful Living Ministry
Pride Industries
2. ACQUISITION, BY AGREEMENT OR CONDEMNATION
Northampton Boulevard and Baker Road Pedestrian Crossing Improvements Project
CIP 100423.091
3. ACQUISITION, BY AGREEMENT OR CONDEMNATION
Violet Bank Trail Project
CIP 100558
J. FORMAL SESSION AGENDA
1. CONSENT AGENDA
K. ORDINANCES
1. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP)
easement from the Heirs of the Estate of Mary Alice Gilbert (100.36 +/- acres), the issuance
by the City of its contract obligations in the maximum principal amount of $772,772 and
TRANSFER funds to purchase U.S. Treasury Strips
2. Ordinance to AUTHORIZE the acquisition of property in fee simple, either by agreement or
condemnation re Eastern Shore Drive Drainage Improvements Section I – Phase II Poinciana
Pump Station Project, CIP 100599
3. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by
agreement or condemnation re Eastern Shore Drive Drainage Improvements Phase I, Sections
1B, 1C.2, 1D and 1E Project, CIPs 100150, 100153, 100167, and 100538
4. Ordinance to AUTHORIZE the acquisition of temporary and permanent easements, either by
agreement or condemnation re Elizabeth River Wetland and Floodplain Restoration Project,
CIP 100551
5. Ordinance to AMEND Summary of Terms to ALLOW an extension of the closing date on the
sale of City-owned property at 3000 Barberry Lane to Joseph P. Heilman and Amy L.
Heilman
6. Ordinance to CONVERT six (6) part-time Paramedic positions to two (2) full-time
Paramedic positions within the FY 2024-25 Emergency Medical Services Operating Budget
7. Ordinance to APPROPRIATE $1,015,491 of Fund Balance from the General Fund and
TRANSFER as Pay-Go funding to Capital Project #100536 “Creeds Training Center
Renovations” re award a construction contract and authorize inspection services
8. Ordinance to ACCEPT and APPROPRIATE $839,309.49 and an additional $25,179.28 from
Federal Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department
Operating Budget for mobilization and administration of Virginia Task Force 2 re Tropical
Cyclone Debby
9. Ordinance to ACCEPT and APPROPRIATE $833,785 from the Virginia Opioid Abatement
Authority (VOAA) to the FY 2024-25 Human Services Operating Budget and AUTHORIZE
a $10,000 local match, ACCEPT and APPROPRIATE $40,000 from the cities of
Chesapeake, Norfolk, Portsmouth and Suffolk to the FY 2024-25 Human Services Operating
Budget re address the opioid epidemic
10. Ordinance to ACCEPT and APPROPRIATE $304,749 in aid to Localities Grant Funding
from the Virginia Department of Fire Programs to the FY 2024-25 Fire Department
Operating Budget re training, construction of training centers, firefighting equipment and
protective clothing
11. Ordinance to ACCEPT and APPROPRIATE $145,372 from Federal Emergency
Management Agency (FEMA) to the FY 2024-25 Fire Department Operating Budget re
purchase of equipment for Virginia Task Force 2
12. Ordinance to ACCEPT and APPROPRIATE $40,000 and an additional $20,500 from the
Department of Homeland Security to the FY 2024-25 Fire Department Operation Budget re
support the Special Operations Technical Rescue and Hazmat Teams
13. Ordinance to ACCEPT and APPROPRIATE $13,256 from the Department of Homeland
Security to the FY 2024-25 Fire Department Operating Budget re Fire Department’s Marine
Team
14. Ordinance to ACCEPT and APPROPRIATE $7,480 and an additional $224.40 from Federal
Emergency Management Agency (FEMA) to the FY 2024-25 Fire Department Operating
Budget for mobilization and administration of Virginia Task Force 2 re Tropical Cyclone
Francine
L. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF ZONING APPEALS
CHESAPEAKE BAY AREA PRESERVATION BOARD
COMMUNITY ORGANIZATION GRANT REVIEW & ALLOCATION COMMITTEE
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HISTORICAL REVIEW BOARD
HOUSING ADVISORY BOARD
INDEPENDENT CITIZEN REVIEW BOARD
OLD BEACH DESIGN REVIEW COMMITTEE
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
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OPEN DIALOGUE
Non-Agenda Items
Each Speaker will be allowed 3 minutes
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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 385-4303
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The Agenda (including all backup documents) is available at https://clerk.virginiabeach.gov/city-
council under the eDocs Document Archive. If you would like to receive by email a list of the
agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or
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Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to
participate virtually, must follow the two-step process provided below:
1. Register for the WebEx at:
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2. Register with the City Clerk’s Office by calling 757-385-4303 prior to 5:00 p.m. on Tuesday,
December 3, 2024.
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Communication: PROPOSED PROPERTY TAX EXEMPTIONS (PUBLIC HEARINGS)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS: Ordinances to Designate Domi Deeds, My Favorite Charity Events
Organization, Fight CF Foundation, Kaizen Adaptive Training, Inc., Aid Another,
Healing of the Soul Ministry, STSTLT, Inc., Alanton Baycliff Recreation Center,
Inc., Powerful Living Ministries, and Pride Industries as Being Exempt from
Communication: PROPOSED PROPERTY TAX EXEMPTIONS (PUBLIC HEARINGS)
Local Property Taxation
PUBLIC HEARING: December 3, 2024
MEETING DATE: December 10, 2024
Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that
property used by its owner for religious, charitable, patriotic, historical, benevolent,
cultural, or public park and playground purposes may be exempted from taxation by
classification or designation by an ordinance adopted by the local governing body.
Section 58.1-3651 of the Virginia Code sets forth the process for designating
specific organizations as being exempt from local taxation and a list of factors for the
local governing body to consider is set forth. They are:
1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the
Internal Revenue Code of 1954;
2. Whether a current annual alcoholic beverage license for serving alcoholic
beverages has been issued by the Virginia Alcoholic Beverage Control Board to
such organization, for use on such property;
3. Whether any director, officer, or employee of the organization is paid
compensation in excess of a reasonable allowance for salaries or other
compensation for personal services which such director, officer, or employee
actually renders;
4. Whether any part of the net earnings of such organization inures to the benefit of
any individual, and whether any significant portion of the service provided by such
organization is generated by funds received from donations, contributions, or local,
state or federal grants;
5. Whether the organization provides services for the common good of the public;
6. Whether a substantial part of the activities of the organization involves carrying on
propaganda, or otherwise attempting to influence legislation and whether the
organization participates in, or intervenes in, any political campaign on behalf of
any candidate for public office;
7. The revenue impact to the locality and its taxpayers of exempting the property; and
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8. Any other criteria, facts and circumstances that the governing body deems
pertinent to the adoption of such ordinance.
The City Council adopted a revised policy regarding applications for Tax Exemption by
Designation on May 6, 2008 (attached).
Considerations: The Commissioner of the Revenue has received ten
applications for tax exemption by designation, which are presented for the City Council’s
action. The Commissioner has reviewed the applications presented for formal action
and finds each meets the City Council policy for Tax Exemption by Designation. One
application (Alanton Baycliff Recreation Center, Inc.) requests exemption from real
property taxes. The rest of the applications only seeks exemption from personal
property taxes.
Communication: PROPOSED PROPERTY TAX EXEMPTIONS (PUBLIC HEARINGS)
Alternative: City Council is not required to approve exemption requests.
Public Information: A public hearing for these items is scheduled for December
3, 2024, during the Council Formal Session. An advertisement for the public hearing
appeared in the Pilot more than seven days prior to that hearing as required by statute.
Also, this item will be advertised in the normal Council Agenda Process.
Attachments: Ordinances (10); Commissioner of Revenue Summary of the
Applications (10); Disclosure Forms (10); Council Policy
Submitted pursuant to City Council Policy adopted May 6, 2008.
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Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS)
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Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS)
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Communication: ACQUISITION, BY AGREEMENT OR CONDEMNATION (PUBLIC HEARINGS)
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from the Heirs of the Estate of Mary Alice
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Attachment: Ordinance to Authorize the Acquisition of Property in fee simple for the Eastern Shore Drive Drainage Improvements Section 1 -
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Attachment: Ordinance to Authorize the Acquisition of Property in fee simple for the Eastern Shore Drive Drainage Improvements Section 1 -
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Attachment: Ordinance to Authorize the Acquisition of Property in fee simple for the Eastern Shore Drive Drainage Improvements Section 1 -
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Attachment: Ordinance to Authorize the Acquisition of Property in fee simple for the Eastern Shore Drive Drainage Improvements Section 1 -
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Attachment: Ordinance to Authorize the Acquisition of Property in fee simple for the Eastern Shore Drive Drainage Improvements Section 1 -
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Attachment: Ordinance to Authorize the Acquisition of Property in fee simple for the Eastern Shore Drive Drainage Improvements Section 1 -
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Attachment: Ordinance to Authorize the Acquisition of Permanent and Temporary Easements for the Eastern Shore Drive Drainage
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Attachment: Ordinance to Authorize the Acquisition of Permanent and Temporary Easements for the Eastern Shore Drive Drainage
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Attachment: Ordinance to Authorize the Acquisition of Permanent and Temporary Easements for the Eastern Shore Drive Drainage
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Attachment: Ordinance to Authorize the Acquisition of Permanent and Temporary Easements for the Eastern Shore Drive Drainage
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Attachment: Ordinance to Authorize the Acquisition of Permanent and Temporary Easements for the Eastern Shore Drive Drainage
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Attachment: Ordinance to Authorize the Acquisition of Permanent and Temporary Easements for the Eastern Shore Drive Drainage
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Attachment: Ordinance to Authorize the Acquisition of Permanent and Temporary Easements for the Eastern Shore Drive Drainage
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Attachment: Ordinance to Authorize the Acquisition of Temporary and Permanent Easements for the Elizabeth River Wetland and Floodplain
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Attachment: Ordinance to Authorize the Acquisition of Temporary and Permanent Easements for the Elizabeth River Wetland and Floodplain
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Attachment: Ordinance to Authorize the Acquisition of Temporary and Permanent Easements for the Elizabeth River Wetland and Floodplain
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Attachment: Ordinance to Authorize the Acquisition of Temporary and Permanent Easements for the Elizabeth River Wetland and Floodplain
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Attachment: Ordinance to Authorize the Acquisition of Temporary and Permanent Easements for the Elizabeth River Wetland and Floodplain
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to amend the Summary of Terms to allow an extension of the closing date on the sale of City-owned property located at
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Attachment: Ordinance to Convert Six Part-Time Paramedic Positions to Two Full-Time Paramedic Positions within the Department of
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Attachment: Ordinance to Convert Six Part-Time Paramedic Positions to Two Full-Time Paramedic Positions within the Department of
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Attachment: Ordinance to Appropriate $1,015,491 from the Fund Balance of the General Fund to Capital Project #100536 “Creeds Training
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Attachment: Ordinance to Appropriate $1,015,491 from the Fund Balance of the General Fund to Capital Project #100536 “Creeds Training
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Attachment: Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Debby Deployment (4351 : Ordinance to
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Attachment: Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Debby Deployment (4351 : Ordinance to
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Attachment: Ordinance to Accept and Appropriate Funds to Address the Opioid Epidemic (4355 : Ordinance to Accept and Appropriate Funds
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Attachment: Ordinance to Accept and Appropriate Funds to Address the Opioid Epidemic (4355 : Ordinance to Accept and Appropriate Funds
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Attachment: Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs (4354 : Ordinance to Accept and
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Attachment: Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs (4354 : Ordinance to Accept and
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Attachment: Ordinance to Accept and Appropriate Funds to Support the Costs of Equipment Related to the Operation of the Virginia Task Force
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Attachment: Ordinance to Accept and Appropriate Funds to Support the Costs of Equipment Related to the Operation of the Virginia Task Force
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Attachment: Ordinance to Accept and Appropriate Funds for to Support the Special Operations Technical Rescue and Hazmat Teams (4353 :
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Attachment: Ordinance to Accept and Appropriate Funds for to Support the Special Operations Technical Rescue and Hazmat Teams (4353 :
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Attachment: Ordinance to Accept and Appropriate Funds to Support the Fire Department’s Marine Team (4357 : Ordinance to Accept and
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Attachment: Ordinance to Accept and Appropriate Funds to Support the Fire Department’s Marine Team (4357 : Ordinance to Accept and
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Attachment: Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Francine Deployment (4352 : Ordinance to
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Attachment: Ordinance to Accept and Appropriate Funds for Costs Related to the Tropical Cyclone Francine Deployment (4352 : Ordinance to