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DECEMBER 11, 1990 MINUTES Cit C-@f "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR E-1 Vl- @-IR7' E, l@ BRI71@.R, JR., RO@E@l . IL.UPI. IfA@.@ I.-Il.l.R, 1,.1,, Z.OUN @. j@l., @@,@d, @..,l PI-) @ITI.IGIE, P., ...,l U.M I 'ANCY K, Al@@IY V 11177@, ]@, Ii, CITY COUNCIL AGENDA .@ll.IAL (:Ell IR DECEMBER 11, 1990 ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 10:00 AM A. HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION Robert W. Berry, Jr., Virginia Beach Representative B. SCHOOL BOARD Greg N. Stillman, Chairman C. BOARD OF ZONING APPEALS James A. Wood, Secretary D. SOUTHEASTERN PUBLIC SERVICE AUTHCRITY Durwood S. Curling, Executive Director ITEM 11. CITY MANAGER'S BRIEFING - Conference Room - 11:00 Am A. REGIONAL JAIL FACILITY Arthur Collins, Executive Director Hampton Roads Planning District Commission ITEM 111. CITY COUNCIL CONCMNS - Conference Room - 11:30 PM iTEM IV. L U N C H - Conference Room - 11:45 PM ITEM V. INFORMAL SESSION - Conference Roorn - 12: NOON A. CALL TO CRDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM VI. FCRMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDOR - Mayor Meyera E. Oberndorf B. INVOCATION: Elder James H. Gatlin, Sr. St. Paul Church of God in Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECLRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFCRMAL & FORMAL SESSIONS December 6, 1990 G. CRDINANCE 1. Ordinance to AMEND Section 2-452.1 of the Code of the City of Virginia Beach, Virginia, re establishing Chesapeake Bay Preservation Area Board. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance authorizing the City Manager to execute a lease agreement on City-owned property for a replacement antenna tower with appurtenant facilities at 1925 Landstown Road. 2. Ordinances, upon SECONDREADING: a. To APPROPRIATE a $20,000 Grant from the Council on the Environment to complete the Second Phase of the Natural Areas Inventory re the State Natural Heritage Program. b. To APPROPRIATE $13,739 from the State Department of Mental Health, Mental Retardation and Substance Abuse Services to Atlantis Apartment Complex Youth Actlvity Program. 3. Ordinances, upon FIRST READING: a. Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the State Department of Motor Vehicles to FY 1990-91 Police Operating Budget re DUI selective enforcement activities. b. Ordinance to ACCEPT and APPROPRIATE a $1,675 Grant from the Virginia Department of 14otor Vehicles to the Public Works Department re training in traffic signals and coordinated systems. 1. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of HAROLD CRAWFCRD for a Conditional Use Permit for home oc curtidon (sale of anttlegruseesc) on the South side of North Landing a at the n tion with Winston Avenue (3465 North Landing Road), containing 10 acres (PRINCESS ANNE BCROUGH). Recommendation: APPROVAL b. Application of WILLIAM H. HERBERT for a Conditional Use Permit for a (wholesale storage) on the East side of Princess Anne Road, 1 0 feet more or I(--ss North of S. Stowe Road (1016 Princess Anne Road) containing 2.81 acres (PUNGO BLROUGH). Recommendation: APPROVAL c. Application of TIDEWATER LUBE VENTLRES, INC., for a Condi-@ional Use Permit for an automobi I e repair estab l 1 shment (- iffy Lube) on the West side oi General Booth Boulevard, 350 feet North of Dam Neck Road (1557 General Booth Boulevard) containing 18,120.96 square feet (FRINCESS ANNE BOROUGH). Recommendation: APPROVAL 2. PLANNING a. Application of SUSAN CONSTANT REAL ESTATE TRUST for a Conditional Use Permit for a comm 0nlty boat dock on the South P, side of Susan Con ta@nt Drive on ,c.1 A, S ection D, Princess Anne Hills, containing 10,238 square feet (LYNNHAVEN BCROUGH). Recommendation: APPROVAL b. Application of AMERICAN EAGLE COMMUNICATIONS OF VIRGINIA, INC., for a Conditional Use Permit for a communication tower 1200 feet South of West Landing Road beginning at a point 1876 feet West of West Neck Road (2465 W. Landing Road) containing 4 acres (PUNGO BCROUGH). Recommendation: DENIAL c. Applications of JOHNNIE B. and PAGE B. HARTLEY for Chanqes of Zoning District Classification (FRINCESS ANNE BOROUGH): From AG-1 Aqricultural District to R-5D Residential Duplex Distr ct 600 feet South ot Seaboard Road beginning at a point 950 feet more or less East of Bernadotte Street, containing 15 acres more or less. AND, From AG-2 Aqriculturat District to R-5D Residential Duplex District on '7he So th side of Seaboard Road beginning at a point 950 feet more or less East of Bernadotte Street, containing 15 acres rnore or less. Recommendation: DENIAL J. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEVELOPMENT AUTHCRITY FRANCIS LAND HOUSE BOARD OF GOVERNCRS PLANNING C(Y4MISSION RESCRT AREA ADVISCRY COMMISSION SCHOOL BOARD TIDEWATER DETENTION HOME K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOLRNMENT CITY COUNCIL SESSIONS CANCELLED DECEMBER 25, 1990 (Christmas Day) JANUARY 1, 1991 (New Year's Day) 12/6/90 Igs M I N U T E S VIRGINIA BEACH CITY COUNCI[- Virgitila Beacli, Virginia December 11, 1990 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Tuesday, December 11, 1990, at 10:00 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. (ENTERED: 1:05 P.M.) - 2 - ITEM # 33817 Because of additional time required for the December 11, 1990, Sessions of City Council, the following BRIEFINGS were CANCELLED by City Council on December 6, 1990: HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION SCHOOL BOARD BOARD OF ZONING APPEALS SOUTHEASTERN PUBLIC SERVICE AUTHORITY REGIONAL JAIL FACILITY - 3 - TTEM # 33817 The first order of business was COUNCIL CONCERNS. - 4 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 33818 Relative School Board Appointments, as confirmed by the City Attorney, the process of selection cannot be discussed in the EXECUTIVE SESSION. Members of City Council expressed their various concernss and offered suggestions relating to the process of selecting School Board Members. It was felt the ten minutes alloted in the PUBLIC HEARING process is not sufficient to judge the ability of an individual nor is an extensive resume. Additional information from other groups interested in what the person has accomplished for the community, their relationship with the Schools and previous interest in appointment to the School Board would be helpful. Mayor Oberndorf referenced her December Fourth letter to City Council suggesting initiating a second phase of evaluation by selecting ten to fifteen candidates from those who were interviewed on November Twenty-seventh and call them back for a second interview. Mayor Oberndorf advised of her continued support of DIRECT ELECTION of the SCHOOL BOARD with limited taxation power and at the proper time will again bring this Resolution forward for City Council's consideration. Three options were suggested relative the APPOINTMENTS of the SCHOOL BOARD: OPTION 1: Extension of the process until January 31, 1991 OPTION 2: The list could be narrowed and those applicants given an interview in Executive Session or Public Session. OPTION 3: Move ahead with the APPOINTMENTS. Mayor Oberndorf polled the Council Members as to their preference: OPTION 1: Robert W. Clyburn, Vice Mayor Robert E. Fentress, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker OPTION 2: Mayor Meyera E. Oberndorf (PREFERS PUBLIC SESSION to EXECUTIVE SESSION). Mayor Oberndorf would also like to extend the process. Reba S. McClanan (PREFERS PUBLIC SESSION to EXECUTIVE SESSION) By interviewing, you would be extending the process. OPTION 3: John A. Baum, James W. Brazier, Jr., Paul J. Lanteigne, Harold Heischober and Louis R. Jones - 5 - ITEM # 33819 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, pertormance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments - Boards and Cornmissions as listed In the Fo,mal Agenda. Upon motion by Councilman Louis Jones, seconded by Vice Mayor Fentress, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan*, Mayor Meyera E. Oberndort and Nancy K. Parker Council Members Voting Nay: None Council Members Absent. William D. Sessoms, Jr. *Councilwoman McClanan voted AYE with the exception of the portion related to the SCHOOL BOARD. Councilman William D. Sessoms, Jr. ENTERED the EXECUTIVE SESSION at 1:05 P.M. 6 F OR MA L S E S S I ON VIRGINIA BEACH CITY COUNCIL December 11, 1990 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FCRMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hal I Building, on Tuesday, December 11, 1990, at 2:00 P.M. Council Members Present: John A. Baun, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan ' Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Elder James H. Gatlin, Sr. St. Paul Church of God in Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 7 Item VI -E. CERTIFICATION OF EXECUTIVE SESSION ITEM 33820 Upon motion by Councilman Jones, seconded by Vlce Mayor Fentress, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed In Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified In the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Cl yburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Oouncil Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 33819 Page No. 5, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREF-ORE, 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 Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ridth Hodges Srfiith, CMC/AAE City Clerk December 11, 1990 - 8 - Item VI-F.l. MINUTES ITEM # 33821 BY CONSENSUS, City Council DEFERRED APFROVAL of the Minutes of the INFCRMAL AND FCRMAL SESSIONS of December 6, 1990, until the City Council Session of December 18, 1990. 9 Item VI-G.]. CRDINANCE ITEM 33822 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED, ASREVISED: Ordinance to AMEND Section 2-452.1 of the Code of the City of Virginia Beach, Virginia, re establishing Chesapeake Bay Preservation Area Board. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Cl yburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 2-452.1 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, PERTAINING 4 TO THE CHESAPEAKE BAY PRESERVATION 5 AREA BOARD 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 1 8 That Section 2-452.1 of the Code of the city of Virginia 9 Beach, pertaining to the Chesapeake Bay Preservation Area Board, 10 is hereby anended and reordained, and shall read as follows: 11 Sec. 2-452.1. Chesapeake Bay Preservation Area Board. 12 (a) There is hereby created the Chesapeake Bay 13 Preservation Area Board, which shall have such authority as is 14 conferred upon it by the provisions of the Chesapeake Bay 15 Preservation Area Ordinance. Such Board shall consist of fi,,p 16 seven members and twn al-tpr-ngtpgl who shall be appointed by the 17 city council for terms of three years; provided, however, 18 that original appointments shall be made fer- sugh torms that the 19 tpr-n. ng Qn,- 4 yea-r- as follows: three 20 inembers shall be appointed for a term of three years, two members 21 for a term of two years, and two members for a term of one year. 22 Members anGI al-tpr-nat:e& may serve for no more than @ three 23 consecutive fi,,e three-year terms in addition to an initial term, 24 if such initial term is less than three years, but a inetnber 25 whose term expires shall continue to serve until his successor is 26 appointed and qualifies. Appointments to fill vacancies shall be 27 for the unexpired portion of the term. Members and altpr-ngt.ag of 28 the board shall be compensated in the amount of Fifty Dollars 29 ($50.00) per rec[ularly-scheduled meeting attended and shall be 3 0 reimbursed for their necessary expenses in discharging their 31 duties. 32 (b) The board shall elect from its membership a chair 33 and a vice-chair. The chair shall preside at all meetings of the 34 board, except that the vice-chair shall preside in the absence of 35 the chair. The board may make, alter and rescind rules and forms 36 for its procedures, consistent with the ordinances of the city, 37 including, without limitation, Sections 114 and 115 of the 38 Chesapeake Bay Preservation Area Ordinance, and the general laws 39 of the Commonwealth. 40 Adopted by the City Council of the City of Virginia Beach, 41 Virginia, on the 11 day of December 1990. 42 CA-4028 43 \ordin\proposed\02-452-l.pro 44 R-3 2 - 10 - I tem V I -H. CONSENT AGENDA ITEM # 33823 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED in ONE MOTION Items 2 a./b. and 3 a./b of the CONSENT AGENDA. Item I was PULLED from the Agenda due to lack of any bids being received. Voting: 11-0 Council Members Voting Aye: John A. Baun, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Mernbers Voting Nay: None Council Members Absent: None Item VI-H.1 CONSENT AGENDA ITEM # 33824 The following ITEM was PULLED from the Agenda, as no bids were received for the construction and lease of an antenna tower for shared use with the Department of Public Utilities. Ordinance authorizing the City Manager to execute a lease agreement on City-owned property for a replacernent antenna tower with appurtenant facilities at 1925 Landstown Road. - 12 - Item VI-H.2.a. CONSENT AGENDA ITEM # 33825 Upon motion by Councl Iman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED, upon SECOND READING- Ordinance to APFROFRIATE a $20,000 Grant from the Council on the Environment to complete the Second Phase of the Natural Areas Inventory re the State Natural Heritage Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. C I yb urn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Mernbers Absent: None 1 AN ORDINANCE TO ACCEPT AND APPROPAIATE A $20,000 GRANT FROM 2 THE COUNCIL ON THE ENVIRONMNT AND TO TRANSFER $20,582 FROM 3 RESERVE FOR CONTINGENCIES AS A MATCH TO COMPLETE THE SECOND 4 PHASE OF THE NATURAL AREAS INVENTORY FOR THE CITY 5 WHEREAS, in Fy 1989-90 the City Council accepted a Coastal ReSources 6 Management Grant from the Co,ncil n the Environment to conduct an inventory of 7 the natural resources and areas within the city boundari..; 8 WHEREAS, this inventory was divided into three phases: the first 9 phase included an aerial reconnaissance, rare species field survey, ground 10 truthing, and data processing; the second phase will include a detailed field 11 inventory of rare plants and animal species, and the third phase, to be 12 undertaken next fiscal year, will include data analysis and a final report 13 describing the natural communities; 14 WHEREAS, the city has received a $20,000 Coastal ManagemE@nt Grant 15 for the second phase of the Natural Ai-eas Inventory; 16 WHEREAS, this grant requires a Ci.ty match of $20,582; 17 WHEREAS, funding is a@ailable in the FY 1990-1991 General Fund 18 Reserve for Contingencies to provide this match. 19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA that the $20,000 Coastal Management Grant be accepted 21 and appropriated for the purposes of completing the second phase of the Natural 22 Areas In,entory and that the required match of $20,582 be transferred from the 23 General Fund Reserve for Contingencies. 24 BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth 25 be increased by $20,000 as a result of a grant from the Council on the 26 Environinent. 27 Tliis ordinance shall be effective from the day of its adoption. 28 Adopted on this day December 11 , 1990. FIRST READING: December 6, 1990 SECOND READING: December 11, 1990 COAS'rAT- This agreement is made this '@st day of octcber 1990, bv and between the Counc4-l on the Environment (hereinafter referred to as the "Council") and C-ity cL_Y-ircTinia Beach (hereinafter refcrred to as the "Grantee"). The parties to this agreement, in cosi-der@tion Of the mutual covenants and stipulations set out herein, aqree as follows: 1. Pro@ect: The Grantee shal'- c.Rrrv rii@ th@ -,s set forth in Attachnent A. Al'- aspects of th4s pro@ect shall be consistent with the Chesapeake Bav Aqreement cf 193-/, ?:he Co,nmonwealth's Coastal Resources Manaaement Program, and the Chesar)eake Bay Preservation Act. 2. Ti.,ne of Performance: 'he prol@ect shall comnence on October 1, 1990 and shall ter,.ninate no la'-@-r than Sentemb@r 30, 1991, the period of perfor-,nance being 12 @months. 3. Pay,.nents: The Colincil shal-l- oay th@- Grantee quarterly on a @-eimbu@-sement basis, not to e:<ceed S20.000 f-or the oro@ect. The said sum, together with the matching funds orovided as set forth in Attach--nent A, shall include all exr.@-nses of the project. Payment shall be made upon submission of invoices and proqress reoorts and their acceptance bv @he Cc,incil. Such coAs,r@ REs(DmciEs c 4= This agreement is made this 1st day of Octcber- 1990. bv and between the Counc4-l on the Environment (hereinafter referred to as the "Council") and City of virainia Beach (hereinafter referred to as the "Grantee"). The parties to this agreement- in consi-der@tion of the mutual covenants, and stipulations set out herein, agree as follows: 1. Proiect: The Grantee shal-1 carrv clj@ the t)r---iect as set forth in Attachment A. All aspects of th4-.-- proiect shall be consistent with the Chesapeake Bav Agreement of 193-f, the Co,nmonwealth's Coastal Resources Manaaement Program, and the ChesaDeake Bay Preserqation Act. 2. Tine of Performance: -he project sliall comnence on October 1, 1990 and shall ter-ninate no !aler than Septe.,nb@r 30, 1991, the period of perfornance being 12 months. 3. Paynents: The Council s@,al'@ oay the Grantee quarterly on a reimbu.-sement basis, not to exceed $20.000 for the Droiect. The said sum, together with the rhatching funds Drovided as set forth in Attachment A, shall include all expenses of the project. Payment shall be made upon submission of invoices and progress reoorts and their acceptance bv the Co,incil. Such invoices shall be submitted within ten (10) days following the end of each calendar quarter and shall be detailed in accordarice with Attachment A to show what tasks have been completed and t, compare the time of completion with the proposed time of completion. Progress reports shall be submitted o, forms provided by the Council within ten (10) days following the end of each calendar quarter. 4. Terms and Conditions: Grantee shall comply with the Standard Terms and Conditions of the U. S. Department of Commerce set forth in Attachment B. 5. Liability: The Grantee shall take out and maintain, during the life.of this agreement, such bodily injury liability and property damage liability insurance as will protect it from claims of damages for personal injury, including death, as well as from claims for property damage, which may arise from its activities under this agreement. If the Grantee has a self- insurance program, it may self-insure the risks associated with ttiis Agreement in lieu of the commercial insurance required herein. 6. During the performance of this contract, the Grantee agrees as follows: a. The Grantee will not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, except where religion, sex or national o'figin is a bona fide occupational qualification reasonably necessary to the normal operation of the Grantee. The Grantee agrees to post in conspicuous places, available to employees and applicants for 2 employment, notices setting forth the provisions of this nondiscrimination clause. b. The Grantee, in all solicitations or advertisements for employees placed by or on its behalf, will state that such Grantee is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requi-rements of this section. The Grantee will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that. the provisions will be binding upon each subcontractor or vendor. 7. Use of Grant Funds: Grant funds shall only be used for the purposes and activities covered in Attachment A. 8. Fiscal Control: The Grantee shall establish fiscal control and fund accounting procedures which assure proper disbursement of, and accounting for, grant funds and any required non-federal expenditures. 9. Prior Written Approval of Changes: The Grantee must obtain prior written approval from the Council for changes to the project, including, but not limited to, changes of substance in program activities, designs, or plans set forth in the approved application and changes in the approved project budget. 10 . Termination for Cause: The Council reserves the right to terminate the grant in whole, or in part, at any time before the date of completion, upon written notice to the Grantee that 3 it has failed tO comply with the conditions of the grant. In connection with such termination, payments made to the Grantee or recoveries by the Council shall be in accord with the legal rights and liabilities of the parties. 11. Termination for Convenience: The Council may terminate the grant if its funding is terminated. The Council or the Grantee may terminate the grant in whole, or in part, if both parties agree that the continuation of the grant program will not produce beneficial results commensurate with further expenditure of funds. The Council and the Grantee shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The Council shall allow full credit to the Grantee for the federal share of the noncancellable obligations properly incurred by the Grantee prior to termination. 12. Maintenance of Records and Audit: The Grantee shall maintain all required records and provide the Council an audit performed in accordance with OMB Circular A-128, Audits of State and Local Gover=ents. That audit will be reviewed by the Council for compliance with federal laws and regulations. Grantee will ensure that appropriate corrective action is taken within six months after receipt of the audit report in instances of noncompliance with federal laws and regulations. 4 13. There are no third party beneficiaries to this contract. COUNCIL ON THE ENVIRONMENT r)ate: By Date: By Title: 6:3/3O7Pconl Attachment A Grant #NA90AA-ft-CZ774 Cover Sheet 1990 Virginia Coastal Resources Management Program Grant 1. Legal Applicant (liame, 0rganization, Address, Phone) Thomas M. Martinsen, Jr., Deputy City Manager City of virginia Beach Municipal Center Virginia Beach, Virginia 23456 2. Project Title Natural Areas Inventory Area of Project Impact City of Virginia Beach 4. Project Start and nd Dates October 1, 1990 - September 30, 1990 5. Project Duration (in months) 12 months 6. Proposed Funding a. Federal (50%) : $20,000 b. Local (50%) : $20,000 C. Total (100%) : $40,000 7. Brief Description of Project See Attachment 8. Products/Deliverables See Attachment 9. Individual Authorized to Make Application a. Typed Name and Title b. signature and Date Thomas M. Martinsen, Jr, Deputy City Manager REVISED 6/27/90 VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRKM BUDGET Agency/Localitv Cit-y of Virgini, R@p,b Project Title Natural Areas inventory Princi@-al Contact Mary Morris Catecor@-es @ederal @unds Matchina Funds Total a.. Perso,-inel $13 , 455 $ 13, 455 $2 6, 910 b. -@-i-nge -@ene--its c. @-ravel- $ 4 , 4 7 2 S 4, 47 2 $ 8, 944 d. 7-cui-pmert $ 350 $ 350 e. Supplies $ 2, 073 $ 1 , 7 23 $ 3, 7 96 f. Contractual 0 0 0 g. Constrljction 0 0 0 h. Other 0 0 0 i. Total Direct $20, 000 $ 20,000 $40,000 Cost (a-h) j. Indirect Cost 0 0 0 k. Total Cogt $ 20, 000 $20,000 $40.000 REVISED 6/27/90 ATTACHMENT Brief Description of Project (#7 from Cover Sheet) On October 21, 1989, the City of Virginia Beach initiated a contract with the Division of Conservation and Recreation Natural Heritage Program. The contract was for the first phase of a three-year study to inventory natural areas Ait@n the City. The grant request is to fund the second year of the study. A factsheet is enclosed which describes the study. In brief, the first year of the study involves collection and synthesis of existing information and other preparation for field ivork, plus the identification on areas that include unique or exemplary natural habitats. The second year involves field ivork- The program staff focus on rare species -,,isiting the highest priority sites during the appropriate season. The final year is a continuation of previous ivork and synthesis of information. Background and Justification: The Virginia Nlatural Heritage Program has ranked Virginia Beach first among fifty localities for an inventory of ecological resources (plant and animal species and natural communities). A study of natural. areas ivili serve several purposes. The Planning Department isill use the information for site review, land use and comprehensive planning efforts. The Office of Environmental Management may use. the data to produce an Environmental Almanac for the City. TMs office ivill also use the information to ensure that the City is in compliance with all federal and state laivs regarding endangered and threatened species. Additionally, the data ivih provide base information for future environmental assessments of City properties and developments. The inventory W-ill be useful in concentrating City resources and environmental protection programs on priority natural areas. This project ivould further the goal (#4) of the Coastal Zone @lanagement Act regarding comprehensive planning, conservation and management for live resources (both marine and terrestrial). Project Objectives and Deliverables - (#8 from Cover Sheet) In addition to the final report (Phase III - outline enclosed), deliverables of the study include a series of topographic maps containing information on species occurrence and a complete listing of species isith state, federal and global rankings of endangerment. It may be possible in Phase Ill to prepare a scope of work to allow for exchanges of computer information as ivell betiveen the City and State. Scope of Work: Phase 11 of the study is primarily field research. A contract would be developed once funding is approved similar to the one developed for Phase I (copy attached). I VIRGINIA NATURAL HERITAGE PROGRAM COUNTY NATURAL AREAS INVENTORY FACT SHEET WHAT IS A COUNTY NATURAL AREAS I @ STORY? It's a systematic search for the best natural habitats in each virginia county. The inventory has four pliases: Aerial photographs of a counl@y are examined to find and describe areas where dis@@urbance by humans is minimal. This information is recorded on tonographic maps. Data is als, compiled from the files of th-e Natural Heritage Program and local groups and individuals. The natural habitats, or no@ential natural areas, are reviewed from air6raft -@o select tho-se o4' highes-@ quality. * The potential natural areas chosen by @ircraft are studied and evaluated by a visit on foot. * County scorecards and survey forms kdet) track of the inventory's progress and summarize each -area's natural features and their quality. L6cations are mapped and made available to the county. WHAT GOOD IS A NATUP-AL AREAS IYVENTORY? Natural areas are a resource that make Virginia and its counties an attractive place in which to live and visit. Studies of them shed light on natural nrocesses like groundwater purification, soil forifiation, @ree growth, and erosion control. Natural areas are classroons for students of forestry, agriculture, bbtany, zoology, and ecology. They are reservoirs of biological diversity and sanctuaries for sensitive and declining species. FiHally' they are a source of beauty and inspiration--living mu@6ums of ou-- r4-ch natural heritage. * Planning the best usb of natural areas for a county, a region, or the state requires a' knowledge of how many and what kinds of natural habitats exist, v;hich exampres are the best, and which are protected. A natu@al areas inventory provides this inforination and can pr6vent conflicts over land use. The Virginia Natural keritage Program database is continually updated, even after tH6 county inventory is completed. These updated data will contihually be provided to the county in an effort to update the briginal inventory and help keep information as accurate and curren-@ as possible. HMNIT THIS WORK BEEN DONE ALREADY? Virginia has many natural areas, some protected and some not, identified by researchers, conservationists, and other concerned people. But most of the bes@ natural areas are not known. For instance, before a 1985 Na-@ural Areas Inventory in cass County, Michigan, only 6 outs-lahding natural habitats and 109 scattered locations for special plint and animal species were known. The Michigan inventory discovered 20 new outstanding natural habitats and almost 100 new special Dlant locations. In only two years of s-@atewide inven-@ory, th@ @7irginia Natural Heritage Program has identified 417 new site@ as high nriority natural areas in need of pro-@ection. still, n6 coun-@y @as received a systematic natural areas i-nventory tor rare specie-s and exem'olary natural communities. WHO USES A HATURAL AREAS INVENTORY? The information is useful to many people, but two types of activity are particularly benefitted: * Land-Use Planning. Users include county and municipal planning boards, state and natiohal forests and parks, and s-late agencies that issue permi-@s under @@he law. * Conservation Planning. A fundamental goal of many organizations and individuals is to select and preserve natural areas representing 'Virginia's diverse habitat types. A comprehensive natural areas inventory is a Ilool that helps focus liinited conservation resources on @7irginials best natural areas. ISN'T A NATURAL AREAS IMT141ORY EXPENSIVE? Considering the resultg, a nal@ural -areas inventory is the most economical way to plan the wise use of a valuable resource. Costs include those associated with photoihterpretation, aerial reconnaissance, field viork, data analysis, and a final report. Costs vary depending on such factors as county size and land use patterns. (Matching grgnts are often available to cover a portion of the costs.) By contrast, as much money typically is paid to 'consulting firms for ecological evaluations of tracts comprising a few hundred acres each. WHO IS DOING THE WORK? The inventories are being conducted by the state's principal 2nanager of data on rare plants and animals, exemplary natural habitats, and other natural features -- the Virginia Natural Heritage Program. This Program was established in 1986 as a joint venture of The Nature conservancy and the Commonwealth of Virginia. In 1988, the Commonwealth established the Natural Heritage Program as an organizational conponent of the virginia Department of Conservation and Historic Redources@ within the Department's Division of Natural Areas Conservation. The Natural Heritage Program inventories Virginia's rare animals, plants, natural communities, and other natural features. Site-specific information is maintaindd in @ continually updated database used for a variety of conservation Durposes including the identification, prioritization-, and protection of significant natural areas. FOR FURTHER INFORMATION PLEASE CONTACT THE PROGRAM MANAGER, VIRGINIA NATURAL HERITATE PROGRAM, 203 GOVERNOR STREET, SUITE 402, RICHMOND, VA 232i9, OR CALL (804) 786-7951. FINAL REPORT OUTLINE A COUNTY NATURAL AREAS INVENTORY OF VIRGINIA BEACli CITY, VIRGINIA V4---ginia batural Heri-@age Program Dei)ar@.ment o@@ Conse--va-lion & Hist,ric Resou-c s 203 Govenor Street, Sui-@e 402 e Richnond, VA 23219 (804) 786-7951.' TABLE OF CONTEh'TS CTTY OV@RVI-RW -- P=esents '@he natural regiors of the c-@'ty (---ased on l andl-'O--.Ms, sOi-'-s, ani vege-.a-lion) I the n;,--UlaLl COMMUni ty @ypes of -,he c,'--@y, and -@he sm-@l ml,,-n-@.S and- OC:cu= i-n -@he ci-ty. an4mals kno-wn to I;ATU-@L FEv-,---AC-:: Dz-i SYST-@!', -- @.Y.-Dlains ollnda- 4 on 01-i -@he data syste,-a an,-' oc@,z-rences) ne-lhod o- Pr cri-,i-Za-14-on (el P-men-- ard occ-arre@ice ranki-,ng)a and Z'e@r4@eval systez,,S. nd the dat. NAT@-L @-T=zs INVEI\,TO-RY Ou-!;nes -he ne-.hodology and @0--ms used -@o carx-y ou-. a area.- Znven.0--y. R7!SULTS O? Ti7 Th"VEb'TORY Su=,ar4-zes data on na-ural communi-.Ies and s-Oec4-al niant and 'lninal snec;-es found Ci-y. The -,on- 4- @_-Oz4tY si-es are d4-scussed. -n "he @ECO@-NDP.TTONS Rec:o.@-aend --e--t-on levels for @ror;@y siles- Fu-@ure work 4-S sugges-.ed. L--,TZ:PATURE C-rT-@D li@.erp--.ure on naturai @ea-':z-es i- n --he ci-@Y 4s colle-ted =nd c -ed 4-n --he Ci--@y Ove--view. APPrNDICES 2:. S--P-te --'-ernent Rpnl,4-.,)g U-.Sed -@O de-.e--mi-ne @-he --elati-ve @hrea-@ and rar@--.y 0-@ e@-ch na-@ural t_vpe, and each S@ecial- Dian- or an4-,nal snecies; -@he --anks (!-3) -,ell @,-h4-ch --y -ypes or sniecies az-e @nos-@ i-n need o@ Protec-lion. 11. Elemen" Occurrence Qua!4-@@v 7.Ranks and Cri-.eria -- @xnlanation of the natural cuality/condition rank given to each- occurrence Of a na-@ural community -@ype; the ranks (A-D) tell which occu.rrence are -.he best exalnl)les of the types. I III. Po@@ential Natural Area 7orms -- Da-@a collected on po-ential na-@ural and notable areas 4-den-@i-.Iied by the 4-nven@@C)ry are recorded on these forms. Page 2 'V' Site Su--veY FOrms Da-@a collec'-ed during ground surveys on natural areas identi@ied by the 4 on -@hese fo-@.s. -nventory are record,d V. Elemen-@ Occu--rence Record -- The com.Du--erized record of info--mal.ion on the location o--F a.na@@ural conmuni-@y -.-Vpe, or a snecial nlant or an4-nal. (-@-citides an examnle). VI. Virg,'-nia Na-@ural Comnun4---y Types -- A 14s- of nal@urai com,nuni-@ies occu--ring 4-n Vil-g;-n@-a, highli'gh-ling -,hose present wi---hin the '-n%,ento--y Prea. VII. Na-u-al Cormunity Types Present -Y;4thin Vi-gin;a Beach City-- ' 1: - -- - PrOVI-des descrintions of all natural com--un4-t@-es mrasent wi-@h4-n virginia ieach C4--@y. V---Il.-ndangered, Threa-lened, and Snec4-al Concern An@nals End PlanI.s in Vi---ginim Beach 'A pziOZ4-t;-zed- iis-ing o, sPeci?l Dlants and an@-n--Is wi--h si.-le names, 0--cu----ence co=en-.s and re@=enda-lions --or pro-.ec-.,'-on. !X. Nallural Community Occu--re.-i--es in Beach ci-,y -- A conple-@e, prioritized listing c-P all natural co=un4--@y occurrences 4-n Virg4-nla Beach C4--Iy 4-ncluding'mylar man legend ntl@ers and cruadrangie man names. Contract To Perform A Natural Areas Inventory This contract made on October 21, 1989 between the City of Virginia Beach (hereinafter called the "City") and the Commonwealth of Virginia Department of Conservation and Recreation, Division of Natural Areas Conservation, Natural Heritage Program, 203 Governcr Street, Suite 402, Richmond, VA 23219 (hereinafter called the "contractor"), sets-forth mutual agreements herein contained between the City and the contractor, the parties agreeing to the following terms and conditions: Duties and Produc-'s ol@ the Contract 7ne contractor shall render tlie following duties an,d products: 1. Perform a systematic inventory (by air pho-lo interpretation, survey of local grouds and individuals, air reconnai-ssance, and ground surveys) o@ all lands under the governing jurisdiction of the City for locatiors of significant natural co=unities, and their component sensiti%,e plants and sensitive animal habitats, such an inventory hereafter called a natural areas inventory. Specifically, within the time period outlined under the Dates of Contract Initiation and Termination and the Schedule of Payment set forth in this Contract, the following tasks will be completed based on the amounts specified; these being Phase I of a project that will be conducted in three phases. A. Fifteen (15) Hours of Aerial Reconnaissance $3000.00 @ $200/hr. B. Collection of Exist@@ng Information $4957.00 This task includes personnel salary, travel, and expenses for herbarium and museur., searches, inte--viewing local experts, and literature review. 32 man days @ $125/day C. Ground Truth Potential Natural Areas (PNA's) $1750 This task includes personnel salary and expenses 14 man days @ $125/day. D. Map Purchase $1250 This includes infrared, topographic, and wetland inventory maps needed for inventory. E. Rare Species Survey $2000 Field surveys necessary to identify the existence of exceedingly rare plant and animal species will be initiated. 16 man days @ $125/day F. Data Processing $250 Information gathered during Phase I will be incorporated into the existing Natural Heritage Program database. This information shall be made available to the City upon request. C;. Indirect Costs $660 These remaining funds will be used to supplement the above- specified activities as needed. The contractor will absorb any aclministrative costs that are. not specifically mentioned above. 2. Analyze data collected during Phases I, II and III of the natural areas inventory to: A. Produce a list o@' locations, keyed to topographic maps, for significant examples of natural community types in the City. B. Produce legends for the mans which show the locations and identity of significant natural communities, sensitive plants and sensitive animals. C. Produce a report overviewing the City's natural features, explaining methods used to perform the inventory, and s,,@-rizing the results of -@he inventory. 1 3. Provide cost estimates, as well as, estimates as to the-' availability of funding sources for any reco=endations generated from the study. Changes In Work No change in the character or extent of the work to be perforrned by the contractor and affecting the tine or the compensation shall be made except by supplemental agreement in writing between the City and the contractor. The supplemental agreement shall set forth the proposed changes in work, e:xtension of time for completion and adjustment of the compensation to be paid the contractor, if any. It is understood and agreed upon that this project will take place over a period of three (3) years and that there will be three (3) separate and distinct Phases. The te=s of this Contract apply to Phase I. Separate contracts will be written for Phases II and III. A status report will be submitted upon the completion of Phase I, detailing the work completed. This contract is complete in itself and forms the entire agreement between the parties in regard to Phase I. In the event that Phase II cannot be @ded, a formal report will be prepared in a usable format that analyzes and summarizes the information gathered during Phase I at no additional charge to the City. Nndiscriminatiom@- In connection with performance of a natural areas inventory, the contractor agrees not to exclude from participation, deny any benefits toward, nor discriminate against any employee or applicant for employment because of sex, race, religion, color, national origin, or handicap (except where a bona fide occupational qualification exists). Specifically, the contractor agrees to comply with: (a) Title VI of the Civil Rights Act of 1964; (b) Executive Order 11246, Equal F-mployTnent opportunity. Termination of Contract city or contractor may te=inate this Contract, all rights, auties, and obligations herein, when either party has breached any of the terms and conditions herein, or has become so incapacitated as to render performance of necessary contractual services impossible, upon thirty days written notice. Notices shall be sent to: - Ms. Mary Morris Mr. Michael Lipford Coastal Scie-ntist Program Manager/Ecologist office of Enviro=enta@.anagenent Natural Heritage Program Municipal Center 203 Governor Street, S.ite 402 Virginia Beach, Virginia 23456 Richmond,- Virginia 23219 Publication and Distribution of Information The City reserves all copyright and publication rights of products and records resulting from this natural areas inventory. The Contractor may freely use, reproduce, alter, and publish products and records resulting from this natural areas inventory w'lth written permission from the authorized agent of the CitY- The City, recognizing the potential for harmful exploitation of some sensitive plant and animal species, agrees that all lists and overlays provided by the contractor which locate these sensitive plant and animal species will be handled and distributed with all prudence and due caution, in accordance with exemvtions provided such resources by the Virginia Freedom of Information Act. The Virginia Natural Heritage Program retains the right to "reely use, alter, reproduce, and update this information as part of its statewide data base on Virginia's natural diversity. City Held Harmless The contractor shall indemnify and save harmless th-e City and its agents, e-mployees, and officers from all claims, loss, damage, injury, liability, costs and expenses of whatsoever kind or nature (including attorney's fees) caused by or resulting from the contractor's negligent performance of any of the services furnished under This Agreement; and without limiting the generality of the foregoing, the same shall include injury and death to any person or persons and damage to any property, ,including that of the City, or for breach of warranty by the contractor either expressed or implied. Relationship, Ckty to Contractor actor and The City shall retain the contractor as an independent contr no benefits or liabilities shall arise or accrue from this contract to either party. Schedule of Payment The City shall pay the contractor the s- of $13,867.00 during the term of this contract, payments being made on a quarterly basis upon receipt of quarterly progress reports due according to the following schedule: Jan. 10, 1990 for the period of Oct. 21 - Dec. 31, 1989 $3,469.00 Apr. 10, 1990 for the period of Jan. I - Mar. 31, 1990 $3,466.00 Jul. 10, 1990 for the period of Apr. I - Jun. 30, 1990 $3,466.00 Oct. 10, 1990 for the period of Jul. 1 - Sep. 30, 1990 $3,466.00 Date of Contract Initiation and Termination The:contract shall become effective on the date first above written and shall terminate on September 30, 1990. IN WITNESSETH WHEREOF, the parties to this contract do hereby execute this document by the signatur@,as duly authorized. CITY OF VIRGINIA BF-ACH By: Aubrey V. Watts, Jr. @17--tgg City Manager Date: P Teste: cmc City Clerk APPROVED AS TO CONTENT: ental Management APPROVED AS TO FORM: APPROVED AS TO FUND@AVAILABILITY: ep..t.e.t VIRGINTA NATURAL HERITAGE PROGRAM RECOMMENDED BY: Michael L. Lipford Program Manager/Ecologist Virginia Natural Heritage Program Date: APPROVED BY: B.C. Leynes, Jr. Director Department of Conservation and Recreation Witnessed By: Name of Witness: Attachment B NA90AA-li-CZ796 N'r OF COMMERCE VINANCIAL ASSISTANCE DEPAP,T14E TPND@D TEP14S AND CONDITIONS s A. AWARD IDFNTIFICATION ISTANCE CONTACTS B. FINANCIAL ASS ReC3. lent 2 p icer 1. p1 rogra 0 f 2 2. edera fficer Fr ts 0 - e et specialist 3. G ant erat ive AV elnn 4. Gran SICOOP C. FINANCIAL REQUIRFMENTS 2 identificatiOll 3 1- 4 2. fer of 3. es . 4 . 6 4. .. .. 6 e .. .' 6 6. pending -- -. 7 7 .. .. 7 S. Refunds .. .. 9. Debts REpORT114G REQUIREMENTS 7 D. 8 1. Finar ici) RepOrts 8 2. Perfc orts 3. subc E. AUDIT 9 9 General Recruirements. @ollction of 9 2. & 3. Es jablishmenr- ed Debts Audit-relat P. 14,SCELLANEOUS ITEMS . . .. 10 11 1. Pro rammatic Changes -- 11 remen - - ent - - '' .12 Nan 'st i . . 2. Assi;n 3. prc Fees ' '* . ..12 . .. 4. CON milar PrOgr@ m. ..12 5. Ofl si s ..12 6. NO' Federal Agencle ..13 7. sly on clause ' 13 8. No . 14 9. ProPE ment Networ@-I 10. minol ic information/ . . . 14 .-,--Intei ement pr lo/87 DEPARTMENT OF CO RCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS A. AWARD IDENTIFICATION. Thi@ award'numbered NA90AA-H-CZ796, supports the work described in the Recipient's proposal, entitled "Virginia Coastal Resources Management Program: Fifth Year Implementation Grant", dated June 27, 1990, which is incorporated into the award by reference. Where the terms of the award and proposal differ, the terms of' the award shall*prevail. B. FINANCIAL ASSISTANCE CONTACTS. 1. Recipient. The Recipient Contact for this award is Keith Buttleman. This contact's address and telephone number are: virginia Council on the Envirorunent 903 Ninth Street Office Building Richmond, VA 23219 (804) 786-4500 2. Federal Program officer. The Federal Program officer for this award is David Kaiser. This contact's address and telephone number are: NOAA, NOS, OCRM Universal Building South 1825 Connecticut Avenue, NW Washington, DC 20235 (202) 673-5138 The Federal Program officer is responsible for the programmatic, technical and/or scientific aspects of this award. This Federal Program officer will act as the programmatic liaison with the Recipient but may not authorize any change which affects the budget, terms or conditions of this award. 10/87 3. GIIt' of f icer is Jean B. West. The Grants officer fOr this award This contact's address is, U.S. DeVartinent f Commerce, NOAA ns ranch@ ATT : OA321 B @ 16, SsMC2 Gr Highwayt oom D4 13 MD 20910 s i is responsible for all dlinistrative Grants of f icer authorized tO award, aluend, The f this @ward and is e a@ards. aspects 0 al aSSistanc suspend, and terminate all financi .0p.rative Agr.elnent SPecialist- 4. Grants/c ts/Cooperative Agreement Specialist fOr this award is The Gran Susan E. liarty- is: (301) 427-2922. This contact's telephone number r administrative coordination eives ciali re ons -ble ndivi dual rec -S sp p@ st c The Spe i th he Re al Pr,gram Officer and Ii ison -from processing. Tn approp, for i Grants officer is and/or ibn ad, prior to forwarding additi by thi receiv for fi al act on. to the C Budget Tdentifir-ation. Check the appropriate box: for this award is attached and Ixi The line i@em budget . rd by reference. incorporatea into the awa I I The line item budget for this award is as fOllOws: No-Federal To_tal Fede_ral Personnel Fringe Benefits Travel Equipment Supplies contractual other Total Direct Indirect Total 10/87 -2- 2. Funding Mechanism. Payments to the Recipient may be made through letter-of- credit or advancement or reimbursement by Treasury check. The Grants Officer authorizes the appropriate method of funding for Recipients. For those Recipients who do not comply with the provisions set forth and/or demonstrate an unwillingness or inability to establish procedures which will minimize the time elapsing between the transfer of funds and disbursement, the Grants Officer shall change the method of funding to reimbursement only by Treasury Check. The method of funding deeted appropriate for thi@ Recipient is indicated below: I I See Special Award Condition IXI Award payments shall be made through the letter-of- credit method. In accordance with 31 C.F.R. 205 (Treasury Circular 1075 11197711) the Recipient shall: (1) maintain procedures for fund control to ensure that drawdowns are made only when actually needed for its immediate disbursement needs; (2) comply with timely reporting of cash disbursements and balances as required. If the Recipient does not adhere to these provisions, the Agency or the Department of Treasury may revoke the unobligated portion of the letter-of-credit. Instructions for use of the letter-of-credit have previously been provided. Form SF-1194, Authorized Signature Card for Payment Vouchers of Letter-of-Credit, shall be submitted in triplicate (three originals) to the Grants Officer in order for the Recipient to be issued a letter-of-credit. At least two officials of the Recipient institution must be designated to draw payment vouchers against the letter-of-credit. Award payments shall be made through advancement or reimbursement by Treasury check method. Advances shall be limited to the minimum amounts necessary to meet immediate disbursement needs. Advanced funds not disbursed in a timely manner will be promptly returned to the Department of Commerce. Advances shall be approved for periods not to exceed 30 days. -3- 10/87 Form SF-270, Recluest for Advance or Reimbursement, shall be submitted in triplicate (an original and two copies) to the Grants officer to request an advance or reimbursement. Award payments shall be made only through reimbursement by Treasury check. Form SF-270, Request for Advance or Reimbursement, shall be submitted in triplicate (an original and two copies) to the Grants Office@ to request reimbursement. 3. Budget Changes and Transfer of Funds Among Categories. Requests for budget changes (as identified below) must be submitted to the Federal Program officer who shall review and make a recommendation to the Grants officer. The Grants officer shall make the final determination and notify the Recipient in writini. For awards where the Federal share exceeds $100,000 transfer of funds among direct cost categories is restricted when the cumulative amount of such transfers exceeds or is expected to exceed 5 percent (applicable to awards subject to OMB Circular A-110) or 10 percent (applicable to awards subject to OMB circular A-102) of the total budget. The same criteria applies to the cumulative amount of transfer of funds among programs, functions and activities when budgeted separately for an award, except transfers will not be permitted if such transfers would cause any Federal appropriation, or part thereof, to be used for purposes other than those intended. The Recipient is not authorized at any time to transfer amounts budgeted for direct costs to the indirect cost line item. 4. Indirect Costs. For those awards subject to OMB Circular A-122, the indirect costs will not be allowable charges against this award unless specifically included as a line item in the approved budget for this agreement. -4- 10/87 et e or i on ted tile to I .-rezl t viieil P-. -Ct '-rp 'd '-y P-ro"' ad ust 4-@ tl.' 'Oec ed tO is r_tor rzltes - fter tilis e Of b. for ,Iocble inclirect e of @e tot aLrd- to (2) Th tc t e ect cc I to ti c t eeds ollar -inste offset used to tile fu viien forw tiotl not I)e s of the direr-t @ost costs sts -ved ,,,,,ble 1- tal Exce di-..l d. unal ie@ IDePz ,Ward. 5. Cost Sharing (If applicablei: a. To the extent applicable to this award, contributions by the Recipient, whether in cash or in kind, are expected to be paid out at the same general rate as the "Federal Share', expenditure. Exceptions to this requirement ]nay be granted by the Grants officer based an sufficient documentation demonstrating previously determined plans for or later commitment of cash or in kind contributions as outlined in the Recipient's application. Such exceptions nlust be approved in writing by the Grants Officer. b. The approved budget for tt4s award is predicated upon a sharing of allowable costs. In the event allowable costs are less than the approved budget, the Federal share of i this award will be limited to the percentage of the total allowable costs not to exceed the total Federal dollar amount reflected on the award document (CD-450 or CD- 451). 6. Program incorie (if applicable). Program income earned during the project period shall be retained by the Recipient and be used as indicated below. Check the appropriate box below: IXI Added to funds cotmitt:ed tb th6 project by this award and be used to further eligible program objectives. I I Used to finance the non-Federal share of tile project. I I Deducted from the total project costs for the purpose of determining the net costs on which the Federal share of costs will be based. Post-Award Spend3'-ng. No obligation shall be created by the Recipient for any purpose pertaining to the operation of the program or activities for which the funds were awarded where the obligation would require performance beyond the expiration date stipulated in the award document. Funds inay only be expended beyond the expiration date (within 90 days of the closeout period) for activities such as the preparation of final reports, and documents directl y associated with closeout of the award in accordance with OMB Circulars A-110 or A-102, and for obliSSations properly created prior to the expiration date that may result in disbursement beyond the expiration but within 90 days of the expiration date. -6 - 10/87 Verbal or written assuranceg- of funding shall not constitute authority to obligate funds for programmatic activities beyond the expiration date. Funds shall not be obligated unless or until an award document is received by the Recipient from the Grants officer authorizing such obligations. S. Tax Refunds. Refunds of FICA/FUTA taxes received by the Recipient during or after this award period must be refunded or credited to the Federal Goverrunent where the benefits were financed by Federal funds under this award. Recipient agrees to refund portions of FICA/FUTA taxes ciptermined to belong t6 the Federal Goverrment, including refunds received after the expiration of this award. Recipient agrees to initiate action .to contact the Grants officer immediately upon r,-ceipt of refunds. 9. Debts. Any debts determined to be owed the Federal Government arising from the receipt of this financial assistance award shall be paid promptly by the Recipient. if the debt is not paid by the stated due date, the Recipient (with the exception of State and local governments and Indian tribal governments) shall be subject to late payment charges im@osed by the Federal Goverrment. These late payment char4es may take the form of one or more of the following: a) interest an the amount due applied and collected at a percentage rate based on the "Current Value of Funds to the Treasury"; b) a penalty charge on any portion of a debt that is delinquent for more than 90 days; c) an administrative charge to cover processing and handling the amount due. EPORTING REOUIP=NTS. 1. Financial Repor-ts. I I See Special Award Condition IXI The Financial Status Report (SF-269) shall be submitted an a quarterly basis for the period ending March 31, 7une 30, September 30, and December 31, or any portion thereof. Reports are due no later than 30 days following -7- 10/87 the end of each reporting period. A final SF-269 shall be submitted within go days after the expiration date of the award. The Federal cash Transactions Report (SF-272) shall be submitted for each award where funds are advanced either by Treasury check or letter-of-credit. The SF-272 is due: a) within 15 days of the end of each calendar cruarter for awards under $1 million, or b) within 15 days of the end of each inonth f or awards over $1 million. All financial reports shall be submitted in triplicate (one original and two copies) to the Grants Officer. 2. Performance (Technir-al) Reports. I I See Special Award Condition IXI The Performance Report shall be submitted in the same frequency as the Financial Status Report (SF-269). Information should be prepared in accordance with the applicable OMB Circular. All Performance Reports shall be submitted in triplicate (one original and- two'copies) to the Federal Procjram officer. 3. Subcontracting Aeports. Recipients of awards which involve both Federal financial assistance vilued at $500,000 or more and procurement of supplies, equipment, construction or services shall be required to submit the SF-334, "14BE/WBE Utilization Under Federal Grants, Cooperative Agreements, and Other Federal Financial Assistance". Reports shall be submitted on a quarterly basis for the period ending March 3:L, June 30, September 30, and December 31. Reports are due no later than thirty (30) days following the end of the reporting period during which any procurement in excess of $10,000 is executed under this award. The report should be submitted in duplicate to the Grants Officer. Any questions concerning this report should be directed to the Federal Program Officer. 10/87 AUDTT. 1. General- The Inspector General of the Department of Commerce, or any of his or her duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the Recipient, whether written, printed, recorded, produced or reproduced by any mechanical, macjnetic or other process or medium, in order to make audits, inspections, excerpts, transcripts or other examina-lions as authorized by law. 2. Requirements. Under the Inspector General Act of 1978, as amended; 5 U.S.C. App. I, section I et seq., an audit of this award may be !conducted at any time. The Office of Inspector General usually will make the arrangements to audit this award, whether the audit is performed by Inspector General personnel, an independent accountant under contract with the De@rtzFent, or any other Federal, State, or local audit entity. For awards subject to the requirements of OMB Circular A-102, the Recipient is subject to the audit requirements found in the Single Audit Act of 1984, 31 U.S.C. 7501-7507, as implemented by OMB Circular A-128 and Department of Commerce regulations found at 15 C.F.R. Part.8a- For all other awards where a special award condition stipulates,,the Recipient shall arran@ for an audit of the project funded by this award. The cost cf the audit is an allowable cost and is included as part of the budget of this award. 3. Establish3nent and Collection of Audit-related Debts. (The following sections do not apply to audits performed under the Single Audit Act.) a. An audit of this financial assistance award ray result in the disallowance of costs incurred by the Recipient and the establishment of a debt (accounts receivable) due the Department. For this reason, a Recipient should take seriously its responsibilities to respond to all audit findings and recommendations with adequate explanations and supporting evidence whenever audit results are disputed and the Recipient has the oppor-tunity to comment. b. A Recipient whose financial assistance award is audited has the following opportunities to dispute the proposed disallowance of costs and the establishment of a debt: (1) Unless the Inspector General determines otherwise, the Recipient will be given 30 days from the -9- 10/87 transmittal of the draft audit report in which to submit written colaments and documentary evidence. (2) The Recipient will be given 30 days from the transmit@al of the final audit report in which to submit written comments and documentary evidence. There will be no extension of this deadline. - Based on all of the evidence available at the expiration of this time period, the Department will make a decision on the actions it will take as a result of the final audit report. (3) The Department's decisions to disallow costs under the financial assistance award and to establish a debt (as well as its decisions an nonfinancial issues) will be sent 'to the Recipient in an Audit Resolution Determination letter. This letter will contain information on the procedures to be followed by the Recipient to appeal the Departmentos decisions. The Recipient will be given 30 days from the transmittal of this letter in which to@y- any debt or to appeal to the Department to reconsider its Determination. This appeal 'Will be addressed to the Inspector General and to the head of the agency administering the financial assistance award. There will be no extension of this deadline. This appeal is the last opportunity for the Recipient to submit to the Department arguments and evidence that dispute the validity of -the-audit-related debt. (4) After the opportunity to appeal has.expired, or after the final decision on reconsideration has been made, the Department will not accept any submissions from the Recipient concerning its dispute of the Departnent's decisions on the settlement of costs under the financial assistance award. If the debt is not paid, the Department will undertake other collection action but will not thereafter reconsider the legal validity of the debt. C. There are no other administrative appeals available in the Department of Commerce concerning this matter. lfl$ OUS ITEMS. 1. Progra--atic Changes. All requests by the Recipient for progrannatic changes must be submitted to the Federal Program officer who shall review and make r@commendations to the Grants Officer. The Grants Officer shall make the final determination and notify the Recipient in writing. -10- 10/87 Name Check Reci-irement, no t and f or- 2. ie tO i are ecruirem nt a th i mp-nt f5 "-p q- @e Check e rI :t:E JS of The Name Exempted n, icia p fit org,,izations. local goverriments . hal f of their r - state and actincj on )e officials Ot - s and universities istance. accredited college in applying for ass respective entities -ic-rht to tak@ action @ Commerce reserves the reither SuOsequent The partment 0 Name check procedur @ assistance one of the offer O,: if a ceptance of this to t curred: the idpntity @ach officer and each t failed tO I-east 20 percent Of the Recipien tr6llin e project a) or conf nager nanciai ma autho t @ th individual owning e hie f i :, @to speak ise, th who has the enterpr person gemenr- Of the 7aanager, and a@Y other in the inana for and commit the Recipient project; r,ociated Vith tn's the Recipi nt or anY Other pers@n as ent or Omitted a b) Co@ C 6,catem "Identification assistance F r:ct D-346, material I sistance", or Applicant ings resulted from the Name check c) signifirant adverse find investigation. at Iits e Depa@ent of Commerce In the event If , finding th r. of the following actions: discretion may take one or3nO ,, J=ediatelY for cause; a) tprminate the assistan , association with the 7nanagement . removal. fF-- oj ect any Person or b) require @ion of the pr require that the of and/ priattei, to persons Pproistr. on office be afforded the apprOPr ny person or perscns tO right ( as a resul-t of this replace ursals asr-ociated with conditi istance; this ass revisions at thp- e approp ate I)rovision Or t to method of payment ri t C) mak tis disret2.on with res@e@ Departmen g requirements. and/or financial reportill -n 3. P'rohibition Against AssigT-" t of this award, the otwithstandinq any other provision mortcjacje'or otherwise N i not transf 'r, pledge, or anv clai, Re,ipient shal y interest therein, assign this award, or @n 1018-7 b"k trust to any party. or 'D'.rt'eS'.tutions- thereunder, _ or financ@al 'nstl ar otler financing ,,,apanies, or ngent Fees. Covena-t Agai"It Conti ise spec b -V or jght b all oni C. at f rec 01 ent fee. rok( efit- ieral S. Officialsg,t To Ben cc t No zem comm!Sl award provis made t for it .For Similar procrram- icer and 140tification of 'Fede al progr@ O@f to tiis Te r subsequen@ relative 11 notity vent tlat, receiveck in tll a@c. is The al Sit I inan@ the , ,ard awar@ of thi to tj -Federal Agenciel- t djor COntract to other shall not aC sub-gr r@1,01 or in to an r ny C-@ rant' in e The _co,tr, the a sub- The sub- any any 01 out the Rec er ffice gra otb and the the ins ntal Delartmen of t-he del artment, sti -award. 8. liondiscrimination clause. In accordance with-Section 504 of the Rehabilitation Act of 1973, all Recipients of Federal financial assistance and all programs receiving or benefiting from such assistance inust provide fair and equitable treatment of the handic?Lpped. Recipients are required to comply with the Department of Commerce regulation, 15 C.F.R. Part Sb, implementing Section 504. This recjulation protects the rights of handicapped persons and establishes a mandate to end discrimination. 9. Property @agement. a. Non-expendable Personal Property. I The Grants Officer determines who retains tit:le to all non-expendable personal property of a unit adquisition cost of $1,000 or more (for awards subject to Circular A-110) or $5,000 or more (for awards subject to circular A-102). This award is subject to the provi@orr as indicated with a check in the appropriate box below: Title is vested with the Federal Goverrment. The Recipient must maintain an inventory listing of all property financed with grant funds, including matching/cost sharing funds. Upon proj ect conclusion, the listing _must be submitted to the Grants Officer. IXI Title is vested with the Recipient. The Recipient is required to -maintain the official property inventory listing including matching/cost sharing inventory. b. Real Properiy (whether acquired partly or wholly with Federal.funds). (1) Title to real property shall vest with the Recipient subject to the condition that the Recipient shall use the real property f or the authorized purpose of the project. (2) When the Recipient determines the property is no longer needed for the purpose of the original project, the Recipient shall obtain prior approval f rom the Grants Of f icer f or the use of real property in other projects. Use in other projects shall be limited to those under other federally funded projects or projects that have purposes consistent with those authorized for support by the organization unit. -13- (3) When property is.no longer recluired as provide in (1) or (2) above, the Grants Officer determines final disposition which may include one of the f ollowing: The Recipient will be permitted to retain -title af ter it compensates the Federal Government in an amount computed by applying the Federal percentage of participation in the cost of the original project to the fair market value of the property. The Recipient will sell the property and pay the Federal Goverximent an amount computed by applying the Federal percentage of participation in the cost of the original project to the proceeds from' sale (after deducting actu@l and reasonable selling and fix up expenses, if any, from the sales ptoceeds). Proper sales procedures will be established that provide for competition to the extent practicable and result in the highest possible return The Recipient will transfer title to the 'property to the Federal GoverrLment provided that in such cases the Recipient shall be entitled to compensation computed by applying the Recipient's percentage of participation in the cost of the project to the current fair market value of the property. 10. Executive order 12432, "@ority Business Fnterprises". In support of the above referenced Executive Order sicjned by President Reagan on July 14, 1983, the Department of Commerce encourages all Recipients to utilize minority firms anA enterprises in contracts under grants and cooperative agreements. The Office of Program Development, Minority Business Development Agency, will assist Recipients in matching qualified minority enterprises with contract opportunities. For further information contact: U.S. Department of Commerce Minority Business Development Agency Office of Program Development Herbert C. Hoover Building 14th Street and Constitution Avenue, F.W. Washington, DC 20230 11. Internal Revenue Service (IRS) Information. A Recipient classified for tax purposes as an individual, partnership, proprietorship, or medical corporation is -14- 16/87 ion d tO SUbM't for requi.r ions (eithe ons) ould numbex Taxpa@ and cc fficer- are e Form submi' ent a@ent pro' ovide t rrect The D at n 1099 c ding Pa@ thei n@ ti SUS Pjv,,Ci ACT S@AT@,,T sclosure, AuthoritY, Purpose-, and MandatOrY D' JUSES- I r number Or .ecurity 13-S-C- I SectiO n ds 0 e 0 idual DePartment. fundi reclu s being 1099. ice on FOrm 10/87 Attachment C NA90AA-H-CZ796 U.S. DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION SPECIAL AWARD CONDITIONS The policy and procedures set forth in the DOC regulations (37 CFR 401), "Rights to Inventions made by Nonprofit organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements", published in the Federal Register on @@rch 18, 1987, shall apply to all grants and cooperative agreements made for whith the purpose is experimental, developmental, or research work. 2. The Recipient must not make an award or permit an award (subgrant or contract) at any time to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension." Subscriptions to the Consolidated List of Debarred, Susipended, and Ineligible Contractors published by the U.S. General Services Administration, Office of Acquisition Policy, may be obtained from the Superintendent of Documents, U.S. Goverrment Printing Office, Washington, D.C. 3. The Recipient is prohibited from expending Federal or non- Federal grant funds, or in-kind goods or services, for purposes of providing transportation, travel, and any other expenses for any Federal employee. 4. The Recipient must request prior approval from NOA.A to purchase equipment costing in excess of $5,000 per unit and having a useful life of more than one year. This condition applies to equipment not specifically identified and justified in the recipient's proposal and approved budget. 5. The Recipient raust recluest prior approval from NOAA for all procurements expected to exceed $25,000 when: (a) grantee's or subgrantee's procurement procedures or operation fails to comply with the procurement standards of 15 CFR 24: (b) the contract is to be awarded without competition (sole source) or only one bid or offer is received in response to a solicitation: (c) a "brand name" product is specified: (d) the contract is to be awarded to other than the apparent low bidder under a sealed bid procurement: (e) the proposed contract would change the scope of a contract or increases the amount by more than $25,000. 6. For all audits of your organization that include Department of Commerce grants, a copy of the au ' -should be sent to: 1 Mr. Richard A. Bassett, Jr. National Single Audit Coordinator office of Inspector General U.S. Department of Commerce 1371 Peachtree, N.E., Room 631 Atlanta, GA 30309 In addition, a copy of the transmittal letter and audit report should be sent to: Grants Officer U.S. Department of Commerce, NOAA 1325 East West Highway, SSMC2, Attn: OA321 Silver Spring, Maryland 29910 7. Two copies (one to Program Officer and one to Grants Officer) of all publications or reports printed with grant funds will be furnished to the Government. The grant award number will be acknowledged as the basis for funding the publication. 8. The Recipient will be recfuired to obtain the approval of the Grants Officer prior to making any substantive changes in project objectives or methods. 9. If applicable, cost sharing is to be calculated on the basis of the total financial award to the recipient. The Government does not recognize funds made in ove=atch subsequent to making an award. 10. If the recipient has waived the Indirect Cost Rate in excess of the amount 'approved by the cognizant audit agency; any Indirect Cost Rate charges above the approved amount shall be the recipient's matching share. 11. If applicable, the Recipient shall submit to the Grants Officer an annual inventory of Federally-owned property used in conjunction with this project. This listing shall be submitted with the final Financial Status Report. Federally- owned property is described as property purchased or owned by the Federal Goverrnnent and loaned to the Recipient for use in conjunction with grant-related project work. The listing shall include the following information and must include the title and signature of an authorized representative of the Recipient organization. a. Government ID number and Fed Strip Number (FSN); b. Description of Item; C. Manufacturer; d. i4anufacturer serial number's e. Quantity; f. Condition; 9. Location; --@-h@-Cost (if known); i. Date Received; 2 Recipient's Disposition Request (indicate whether the equipment is or is not needed for other grants or cooperative agreements funded by the Department of Commerce, NOAA). 12. If applicable, the Recipient will provide a list of anticipated contracts to the Grants Officer within 60 days of execution of this award. The name, amount, and period of performance for each contract will be provided to the Grants officer within fifteen days of execution of the contract. The Grants Officer will in turn provide the list to the Program Officer. 13. If payments made under this award will be made - under the Letter-of-Credit method, alcopy of the TFS Form 5805, "Request for Funds", shall be sent to the Grants Officei:. 14. If this award is designated as a cooperative agreement on the award sheet (CD-450), the Government will be substantially involved with the Recipient throughout the performance of the cooperative agreement by the Program Officer exerting substantial control over the project through review of reports and close monitoring of all activities. 15. If foreign travel i@ required for this award, the recipient is subject to the provisions of the Fly America Act and must comply with the Act as prescribed in 49 U.S.C. app. S 1517(c) (1982) when scheduling transportation for travel paid for with Federal funds. The Act requires Federal travelers and others performing U.S. Government-financed foreign air travel to use U.S. flag air carriers whenever they are reasonably available. With the exception of travel under bilateral agreements permitted pursuant to 49 U.S.C. app. S 1517(c) (1982)*, foreign air carriers may be used only when a U.S. flag air carrier is unavailable, or use of U.S. flag air carrier service will not accomplish the agency's mission. If a foreign air carrier is used for any part of foreign travel, the recipient must receive prior approval from the Grants Officer. The recipient must submit a justification statement to the Federal Program Officer explaining why service by a U.S. flag carrier is not available, or why it was necessary to use a foreign air carrier. The Federal Program Officer will review the justification and provide a recommendation to the Grants Officer. Failure to adhere to the provisions of the Fly America Act will result in the disallowance of the recipient's air carrier expenses in an amount comparable to the loss of revenues suffered by the U.S. flag carriers as a result of the recipient's actions. This amount will be based on a formula in the Federal Travel Regulations. 3 As of the date of this award, the Department is not aware of any bilateral agreement which meets the requirements of 49 U.S.C. app S 1517(c) (1982). It is the responsibility of the recipient, wishing to use foreign flag air transportation authorized by 49 U.S.C. app. S 1517 (c) , to determine whether travel on the non-United States flag carrier is permissible pursuant to that provision and to provide the Grants Officer with a copy of that bilateral agreement. 16. As part of the quarterly performance report, the Recipient shall submit to NOAA/OCRM estimates of any program income accrued. 17. Notwithstanding the allowable cumulative transfer of funds among direct cost categories (15CFR24), the transfer of all funds affecting Significant Improvement tasks must receive prior written approval from NOAA/OCRM. 4 Attachment D NA90A,A-H-CZ796 Office of Ocean and Coastal Resource Management 15306 Special Award Conditions 1. The recipient shall make available a reasonable amount of funds necessary for new or revised tasks that are negotiated, pursuant to Section 923.103, as a result of the findings and recommendations in any 312 evaluation issued during the period covered in this award. 2. The recipient shall allocate sufficient funds from the "Travel" object class budggt category for trips by 'the CZM Program manager on his/her designee to schedule'd CZM Program Managers' meetings and for one on-site visit to another coastal state to exchange and discuss techniques for institutionalizing state CZM programs. The date and place of the on-site visit will be determined in consultation with NOAA/OCRM. 3. Performance reports shall address the subject areas specified in the attached 111990 Performance Report Guidelines". 4. The cover or the title page of all reports, studies or other documents supported in whole or in part by this award or any subawards, shall acknowledge the financial assistance provided by the Coastal Zone Management Act of 1972, as amended, administered by the Office of ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration. 5. Parts II and III of the attached Financial Assistance Award Memorandum and any addenda or revisions thereto pursuant to Section 923.103, shall be used for the purpose of determining compliance with section 312(c) of the CZMA. NOAA/OCRM reserves the right to deobligate Federal funds from this award in an amount equal to those Federal funds devoted to 'significant improvement" tasks in this award or any previous award if NOAA/OCRM finds that the recipient has failed to make satisfactory progress toward significant improvements in accordance with the tasks and benchmarks outlined in the memorandum referenced above. Office of Ocean and Coastal Resource Management SS306A Special Award Conditions 1. The recipient shall cause to be erected at the site of any construction project, and maintained during construction, signs satisfactory to NOAA identifying the project and indicating that the project is being funded by the Coastal Zone Management Act of 1972, as amended, Office of Ocean and Coastal Resource Management, National oceanic and Atmospheric Administration, U.S. Department of Commerce. The recipient shall also maintain a permanent plaql4e or sign at the project site with tlie same information. 2. In the event there are title discrepancies or encumbrances that NOAA deems interfere iwith the purpose for which the SS306A funds were granted, the recipient shall reimburse NOAA the Federal funds used for the project. 3. Federal funds in the armunt of $ 50,645 are not tted to be expended until OCPM's revised 306A (Xiidance Paper dated -may 1990 has been corrplied with and until NOAA,/OCRM ap_proves the idrojects selected. CONTRACr TO PERFORM A AREAS INVENTORY 4 T'nis r-ontract rcade on November l-, 1990, between the City of v@inia Beach (hereinafter called the "City") and the Ca=riwealth of vircjinia Department of conservation and Recreation, Division of NatLiral Heritage, 203 Governor Street, Suite 402, Richrond, VA 23219 (hereinafter called the "contractor"), sets forth mutual agreements herein contained between the City and the contractor, the parties agreeing to the followinci terms and corklitions: Duties ar)d Products of the Contract T'he contractor shall render the following duti- ar)d produ@: 1. Perform a systematic inventory (by air photo interpretation, survey of local groups and individuals, @ reconnaissance, and ground surveys) of all lands under the governing jurisdiction of the city for locations of significant natural ties, and their nent sensitive plants and sensitive animal habitats, such an inventory hereafter called a natural areas inventory. specifically, within the tine period outlined under the Dates of contract Initiation and tion and the Schedule of Payment set forth in this contract, the following tasks will be conpleted based on the amounts specified; these being Phase II of a project that will be conducted in three A. Conduct rare plant field surveys $ 9,750 (includes office planning for field surveys and data processing) B. es related to rare plant @eys $ 4,290 C. Coriduct rare animl field surveys $17,160 (includes office planning for field surveys and data processing) D. related to rare anirnal surveys $ 9,282 4@ @ @.! @ e4,o, 5 The contractor will absorb any administrative costs that are not specifically @tioned above. 2. Analyze data coll dliring Phases I, II, and III of the natural areas inventory to: A. Produce a list of locations, keyed to topographic ipaps, for signifir-ant les of natural ccmmnity types in the City. B. Prc)duce legerids for the maps which show the locations and identity of significant natural @iti@@, sensitive plants, and sensitive animals. C. Produ- a repc)rt overviewing the City's natural features, explainincj mthods used tc) perform the inventory, and izing the results of the inventory. 3. Provide cost estimtes, as well as, estimtes as to the availability of funding sources for any r tions genp-rated frcm the study. Changes in Work No change in the character or extent of the work to be performed by the contractor and affecting the tim or the campensation shall be made except by supplemental agr@t in writing between the City and the contractor. The supplerp-ntal agr@t shall set forth the proposed changes in work, extension of tim for completion and adjustment of the tion to be paid the contractor, if any. Tt is understood and agreed upon that this project will take place over a period of three (3) years and that there will be three (3) separate and distinct Phases. 'Ihe terms of this Contract apply to Phase II. A separate contract will be written for Phase III. A status repc)rt will be tted upon the conpletion of Phase II detailing the work cmpleted. This contract is ccmplete in itself and forms the entire agreenient between the parties in regard to Phase II. In the event that Phase III cannot be funded, a formal report will be prepared in a usable fontat that analyz--@ and summarizes the j-nformation gathered during Phase I and II at no additional @e to the City. Nondiscrimination In connec:tion with performance of a natural areas @tory, the contractor agrees not to exclude fran participation, deny any bl-nefits toward, nor dis=iminate against any enployee or applicant for employment because of sex, race, religion, color, national origin, or handicap (except where a bona fide tional qualification exists). Specifically, the contractor agrees to @ly with: (a) Title VI of the Civil Rights Act of 1964; (b) Executive Order 11246, Eq-1 Empl t Opportunity. Termination of Contract City or contractor may terminate this Contract, all ri@, duties, and obligations herein, when either party has breached any of the terms and conditions herein, or has so incapacitated as to render performance of necessary contractual services @ssible, upc)n thirty days -itten notice. Notices shall be sent to: M. Mary Morris Mr. Michael @pfor-d t C-,A-4, Division Directc)r Office of Envirormental Managenient Division of Natural Heritage MunicipaLl Center 203 Goven= Street, Suite 402 Virginia Beach, VA 23456 Richmorid, VA 23219 Publication and Distribution of Information The City reserves all copyright and publication rights of products and records resulting from this natural areas inventory. Ihe Contractor iny freely use, reproduce, alter, and publish products and r@rds resulting froTn this natural areas inventory with written permission frcffn the authorized agent of the City. The City, recognizing the potential for harmful exploitation of scm sensitive plant and animal species, agrees that all lists and overlays proved by the contractor which locate these sensitive plant and animal species will be handied and distributed with all prudence and due caution, in accordance with exenptions pr(yvided such resources by the Virginia lYeedcm of Information Act. The Virginia Division of Natural Heritage retains the right to freely use, alter, reproduce, and update this information as part of its statewide data base on Virginia's natural diversity. City Held Harmless The contractor shall @@ify and save harmless the City and its agents, enployees, and officers from all clains, loss, damge, injury, liability, costs, and es of whatsoever kind or nature (including attorney's fees) caused by or result@ frarn the contractor's negligent performance of any of the services furnished under This Agr@t; and without limit@ the generality of the foregoing, the sam shall include injury and death to any person or persons and damge to any property, imludim that of the city, or for breach of warr@ by the contractor either expressed or implied. Relationship, City to Contrar-tor The city shall retain the contractor as an independent contractor and no benefits or liabilities shall arise or ac=e frorn this contract to either party. Schedule of Payment 'Ihe City shall pay the contractor the sum of $40,582.00 during the term of this contract, payments be@ Tmde upon a quarterly basis upc)n receipt of quarterly progress reports due according to the folic)wing schedule: 'W-- Jari. 10, 1990 for the period of Nov.-e-Dec. 31, 1990 - $10,145.00 Apr. 10, 1990 for the period of Jan. 1-Mar. 31, 1990 - $10,145.00 Jul. 10, 1990 for the period of Apr. 1-Jun. 30, 1990 - $10,147.00 Oct. 10, 1990 for the period of @. I-Sep. 30, 1990 - $10,145.00 Date of Contract Initiation and Termination The contract shall beccm effective on the date first abcyve written and shall terminate on IN WITNESSETH WHER~DF, the parties to this oontract do hereby execute this document by the signatures as duly authorized. u±'l~f OF V/2q~INIA BEA(~I Aubrey V. Watts, Jr. city Manager City Clerk APPROVED AS TO CO~i'k~T: Office of Envirorm~_nt Management City Attorney Department of Finance P~D BY: %rIR~INIA DMSION OF ~ HERITAGE Michael L. Lipford Division Director Division of Natural Heritage Date: APPRDVED. BY: B. C. Leynes, Jr. Director Department of Conservation and Recreation Witnessed By:. Name of Witness: - 13 - Item VI-H.2.b. CONSENT AGENDA ITEM # 33826 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED, upon SECONDREADING: Ordinance to APPROPRIATE $13,789 from the State Departmentof Mental Health, Mental Retardation and Substance Abuse Services to Atlantis Apartment Complex Youth Activity Progr&n. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS IN THE AMOUNT OF $13,789 TO THE DEPARTMENT OF 3 MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE SERVICES 4 FOR THE ATLANTIS APARTMENT COMPLEX YOUTH ACTIVITY PROGRAM 5 WHEREAS, the Atlantis Apartment Complex has experienced a marked 6 increase of high-risk activity among youth residing in the complex; 7 WHEREAS, the Atlantis Apartment Complex Youth Activity Program (AACYAP) 8 representing a collaboration of community, business, schools, city 9 organizations, churches, and the community center was formed to provide services 10 and programs to the residents of the community; 11 WHEREAS, the AACYAP applied for a grant from the State Department of 12 Mental Health, Mental Retardation, and Substance Abuses Services (MH/MR/SAS) 13 funded through the Federal Community Youth Activity Block Grant to provide 14 tutoring, mentoring, educational support, and educational and cultural 15 opportunities in the Atlantis Aprartment Community; 16 WHEREAS, MH/RR/SAS has been notified that this grant application has 17 been approved in the amount of $13,789; 18 WHEREAS, these funds will be used to implement the activities decribed 19 above and provide an additional .5 part-time positions in the Substance Abuse 20 Services Division of MH/MR/SAS for the duration of the grant; 21 WHEREAS, the $7,701 match required by the grant is provided through in- 22 kind services and does not require additional city funds. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That the grant in the amount of $13,789 from the State Department of 26 Mental Health, Mental Retardation, and Substance Abuse Services be accepted and 27 appropriated to the Mental Health/Mental Retardation/Substance Abuse Special 28 Revenue Fund and that the activities described above and one .5 part-time 29 additional position be authorized only for the duration of the grant; 30 BE IT FURTHER ORDAINED: 31 That revenue from the Commonwealth be increased by $13,789. 32 This ordinance shall be in effect from the date of its adoption. 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 34 11 day of December 1 1990. 35 First ReadinE December 6, 1990 36 Second Readin@ December 11, 1990 - 14 - Item VI-H.3.a. CONSENT AGENDA ITEM # 33827 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED, upon FIRSTREADING: Ordinance to ACCEPT and APPROPRIATE a $10,000 Grant from the State Department of Motor Vehicles to FY 1990-91 Police Operating Budget re DUI selective enforcement activities. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan Mayor Meyera E. Oberndorf, Nancy K. Parker and @illiam D. Sessoms, Jr. Councii Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO ACCEPT A STATE GRANT 2 AND APPROPRIATE $10,000 TO THE FY90-91 3 OPERATING BUDGET OF THE POLICE DEPARTMENT 4 FOR INCREASED DUI ENFORCEMENT 5 WHEREAS, the State Department of Motor Vehicles is providing additional 6 funding assistance to localities for identified highway safety problems; 7 WHEREAS, Virginia Beach has identified driving under the influence (DUI) 8 as a major safety problem, and has applied for and received notification of a 9 $10,000 grant award for expanded DUI selective enforcement; 10 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, 11 VIRGINIA, that the City accept the State grant from the Department of Motor 12 Vehicles, and that funds in the amount of $10,000 be appropriated to the FY9O- 13 91 Operating Budget of the Police Department for expanded DUI selective 14 enforcement activities. 15 BE IT FURTHER ORDAINED that these appropriations be offset by a 16 corresponding increase of $10,000 in estimated revenues as a result of the State 17 grant. 18 This ordinance shall be in effect from the date of its adoption. 19 Adopted the - day of 1990, by the City Council of 20 Virginia Beach, Virginia. 21 First Reading: December 11,1990 22 Second Reading: 1 5 I tem V I -H. 3. b. CONSENT AGENDA ITEM # 33828 Upon motion by Councl Iman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED, upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE a $1,675 Grant from the Virglnia Department of Motor Vehicles to the Public Works Department re training In traffic signals and coordinated systems. Voting: 11-0 Council Members Voting Aye: John A. BaLin, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Williarn D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $1,675 FROM THE VIRGINIA DEPARTMENT OF MOTOR VEHICLES TO THE PUBLIC WORKS DEPARTMENT TO Bt USED FOR TRAINING IN TRAFFIC SIGNALS AND COORDINATED SYSTEMS WHEREAS, the State Department of Motor Vehicles has awarded $1,675 in Highway Safety Funds, to the Virginia Beach Traffic Engineering Division, for the purpose of receiving training in "Traffic Signals and Coordinated Systems," and WHEREAS, this training will allow the Traffic Engineering Division to improve the quality of traffic flow and address safety issues within the city, and WHEREAS, this funding is a one time grant requiring no city match. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a grant in the amount of $1,675 be accepted from the Virginia Department of Motor Vehicles and appropriated to the Department of Public Works for the purposes of providing training to the Traffic Engineering Division in "Traffic Signals and Coordinated Systems. This ordinance shall be effective from the date of its adoption. Adopted by the City Council of the City of Virginia Beach, Virginia on day of 1990. First Reading December 11, 1990 Second Reading - 16 - Item V-1.1/2 PUBLIC HEARING ITEM # 33829 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (1) HAROLD CRAWFORD CONDITIONAL USE PERMIT (b) WILLIAM H. HERBERT CONDITIONAL USE PERMIT (c) TIDEWATER LUBE VENTLRES,INC. CONDITIONAL USE PERMIT PLANNING (a) SUSAN CONSTANT REAL ESTATE TRUST CONDITIONAL USE PERMIT (b) AMIRICAN EAGLE C004MUNICATIONS OF CONDITIONAL USE PERMIT VIRGINIA, INC. (c) JOHNNIE B. AND PAGE B. HARTLEY CHANGES OF ZONING DISIRICT CLASSIFICATION - 17 - Item V-I.l.a PUBLIC HEARING PLANNING BY CONSENT ITEM # 33830 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of HAROLD CRAWF'ORD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HAROLD CRAWFORD FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (SALE OF ANTIQUES) R012901350 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Harold Crawford for a Conditional Use Permit for a home occupation (sale of antiques) on the south side of North Landing Road at the intersection with Winston Avenue. The parcel is located at 3465 North Landing Road and contains 10 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The Conditional Use Permit shall be limited only to an antique refinishing, trading and sales business within an approximate 800 square foot accessory building. 2. Sales will be conducted from the home. 3. There shall be no more than (twenty-five) 25 customers at one time with most visits occurring on Saturdays and Sundays. 4. The parking shall be contained on the site. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of December, Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 18 - Item V-I.l.b PUBLIC HEARING PLANNING BY CONSENT ITEM # 33831 Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of WIIJIAM H. HERBERT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILLIAM H. HERBERT FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (WHOLESALE STORAGE) R0129050A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of William H. Herbert for a Conditional Use Permit for a home occupation (wholesale storage) on the east side of Princess Anne Road, 780 feet more or less north of South Stowe Road. The parcel is located at 1016 Princess Anne Road and contains 2.81 acres. PUNGO BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of December, Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 19 - Item V-I.I.c PUBLIC HEARING PLANNING BY CONSENT ITEM # 33832 Carey L. Atkins, 1228 Progressive Drive, Suit 103, Chesapeake, represented the applicant as owner. Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of TIDEWATER LUBE VENTURES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER LUBE VENTURES, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT (JIFFY LUBE) R012901351 BE IT HEREBY ORDATNED BY THE @OUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Tidewater Lube Ventures, Inc., for a Conditional Use Permit for an automobile repair establishment (Jiffy Lube) on the west side of General Booth Boulevard, 350 feet north of Dam Neck Road. The parcel is located at 1557 General Booth Boulevard and contains 18,120.96 square feet. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Perimeter parking lot landscaping is required. The existing trees located along the perimeter of the site shall be retained. A tree protection plan must be submitted to the City Arborist at the time of detailed site plan review. 2. Only one standard 30-foot wide entrance shall be permitted onto General Booth Boulevard 3. In accordance with the Master Street and Highway Plan right-of-way dedication is required along General Booth Boulevard frontage to provide for an ultimate eight-lane divided roadway. An approximate twenty-foot right-of-way dedication is required. 4. The final site plan shall include an open area reserved solely for the location and construction of a Best Mangement Practice. Infiltration trenches under pavement shall not be allowed. 5. The applicant has agreed to negotiate with the adjoining shopping center and attempt to develop a cross access easement. 'If there is an access point on General Booth Boulevard, the 1 provide a turn lane, as discusse in the Formal Session o December 11, 1990. Tf the a center, this is a mute Point. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of December, Nineteen Hundred and Ninety. - 20 - Item V-1.1.c PUBLIC HEARING PLANNING BY CONSENT ITEM # 33832 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Cc>uncil Members Voting Nay: None Council Members Absent: None - 21 - Item VI-I.2.a. PUBLIC HEARING PLANNING ITEM # 33833 Stephen Smith, represented the Susan B. Constant Real Estate Trust The following REGISTERED in OPPOSITION, but WAIVED the right to speak: William R. O'Brien, 2368 Haversham Close, Phone: 481-2408 Robert Hoffman, 21 Susan Constant Drive, Phone: 491-2246 Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED: Resolution requesting the Board of Zoning Appeals to consider the Variance request filed on behalf of the Susan Constant Real Estate Trust prior to the City Council taking action on a use permit request filed by same.* 4'Thereby DEFERRING INDEFINITELY the application of SUSAN CONSTANT REAL ESTATE TRUST for a Conditional Use Permit for a Community Boat Dock on the South side of Susan Constant Drive on Parcel A, Section D, Princess Anne Hills, containing 10,238 square feet (LYNNHAVEN BOROUGH) Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Robert W. Clyburn Council Members Absent: None I RESOLUTION REQUESTING THE BOARD OF ZONING 2 APPEALS TO CONSIDER A VARIANCE REQUEST FILED 3 ON BEHALF OF THE SUSAN CONSTANT REAL ESTATE 4 TRUST PRIOR TO THE CITY COUNCIL TAKING ACTION 5 ON A USE PERMIT REQUEST FILED BY SAME 6 WHEREAS, the Susan Constant Real Estate Trust has filed 7 its application for a conditional use permit for a private marina; 8 and 9 WHEREAS, Section 236 of the City Zoning Ordinance imposes 10 certain On-site parking requirements for such use; and 11 WHEREAS, the applicant has also filed a request with the 12 Board of Zoning Appeals for a variance from the parking requirement 13 contained in Section 236; and 14 WHEREAS, prior to taking action on the use permit 15 application, the City Council desires guidance from the Board of 16 Zoning Appeals as to whether the applicant is entitled to a 17 variance from the Section 236 parking requirement and further 18 requests that the Board make its formal finding as to such 19 question. 20 THEREFORE, BE IT RESOLVED BY TliE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 1. The Board of Zoning Appeals is hereby requested to act 23 upon the request for a variance filed by the Susan Constant Real 24 Estate Trust at its earliest convenience. 25 2. The CitY Council will take no further action on the 26 conditional use permit application for a private marina filed by 27 the Susan Constant Real Estate Trust until it has received the 28 determination of the Board of Zoning Appeals as to the Board's 29 finding on the variance application. 30 Adopted by the City Council of the City of Virginia Beach, 31 Virginia, this 11 day of December 1990 32 CA-4038 33 R-1 34 ordin\noncode\marina.res - 22 - Item VI-1.2.b. PUBLIC HEARING PLANNING ITEM # 33834 The following registered in SUPPCRT of the application: Attorney Frederick M. Quayle, 3808 Poplar Hi I I Road, Chesapeake, Phone: 483- 9136 James Reese, 400 Hickory Ridge Road, Chesapeake, Phone: 421-7111, represented the appl lcant as owner and operator of the Station. Mr. Reese distributed a package of technical exhibits which are hereby made a part of the record. The following registered in OPPOSITION to the application: Attorney Mark Lipp, 1000 Connecticut Avenue, Washington, D.C. 20036; Phone: (202) 659-4700), represented Sinclair Telecable, Inc. and registered In OPPOSITION. Attorney Lipp distributed Information relative location, a Chronology of American Eagle, as wel I as a Federal Communications Commission Record. A MOTION was made by Councilman Lanteigne, seconded by Councilman Sessoms to DEFER INDEFINITELY an Ordinance upon application of AMERICAN EAGLE COMMUNICATIONS OF VIRGINIA, INC., for a Conditional Use Permit for a communication tower 1200 feet South of West Landing Road beginning at a point 1876 feet West of West Neck Road (2465 W. Landing Road) containing 4 acres (PL)NGO BOROUGH). Upon SLIBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Baum, City Council ADOFRED an Ordinance upon application of MER I CAN EAGLE COMMLINICATIONS OF VIRGINIA, INC. for a Conditional Use Permit-. CRDINANCE UPON APPLICATION OF AMER [CAN EAGLE COMMUNICATIONS OF VIRGINIA, INC., FCR A CONDITIONAL USE PERMIT R012901352 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ot American Eagle Communications of Virginia, Inc., a Virginia Corporation, for a Conditional Use Permit for a communications tower 1200 feet south of West Landing Road beginning at a point 1876 feet west of West Neck Road. The parcel Is located at 1265 West Landing Road and contains 4 acres. PUNGO BOROUGH. This Ordinance shal I be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of December, Nineteen Hundred and Ninety. - 23 - Item VI-1.2.b. PUBLIC HEARING PLANNING ITEM # 33835 Voting: 7-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones and Reba S. McCi anan Council Members Voting Nay: Paul J. Lanteigne, Nancy K. Parker and Wi I I lam D. Sessorns, Jr. Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None *Mayor Oberndort ABSTAINED as she is an employee of WNIS - 24 - Item VI-I.2.c. PUBLIC HEARING PLANNING ITEM # 33836 Thomas Decker, 301 Lynnhaven Drive, Phone; 486-4500, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City Council DEFERRED until the City Council Session of January 22, 1991, Ordinance upon application of JOHNNIE B. AND PAGE B. HARTLEY for Changes of Zoning District Classification: ORDINANCE UPON APPLICATION OF JOHNNIE B. & PAGE B. HARTLEY FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-5D Ordinance upon application of Johnnie B. and Page B. Hartley for a Change of Zoning District Classification from AC-1 Agricultural District to R-5D Residential Duplex District on certain property located 600 feet south of Seaboard Road beginning at a point 950 feet more or less east of Bernadotte Street. The proposed zoning classification change is for residential development land use. The Comprehensive Plan designates this site for prime agricultural land with a density no greater than 1 dwelling unit per acre. Said parcel contains 15 acres more or less. PRTNCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF JOHNNIE B. & PAGE B. HARTLEY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-5D Ordinance upon application of Johnnie B. and Page B. Hartley for a Change of Zoning District Classification from AG-2 Agricultural District to R-5D Residential Duplex District on certain property located on the south side of Seaboard Road beginning at a point 950 feet more or less east of Bernadotte Street. The proposed zoning classification change is for residential development land use. The Comprehensive Plan designates this site for prime agricultural land with a density no greater than I dwelling unit per acre. Said parcel contains 15 acres more or less. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 25 - Item VI-J.1. APPOINTMENTS ITEM # 33837 Upon NOMINATION by Vice Mayor Fentress, City Council: BOARD OF BUILDING CODE APPEALS Two Year Terms: 1/1/91 12/31/92 REAPPOINTED: Building Maintenance Division Electrical Division Ruth W. Bell Edward R. Orenduff Jimmie A. Koch Archie R. Smith Henry B. McDonald Robert H. Smith, Jr. Vincent R. Olivieri Richard Thomas Daniel H. Templeton James S. Witcher New Construction Division Frank I. Adkins William M. Davenport Darrel J. Hughes Sterling S. Montgomery APPOINTED: Plumbing & Mechanical Division Richard S. Corner REAPPOINTED: Plumbing & Mechanical Division William L. Hendricks Donald D. Jones, Jr. Peter C. Striffler Dalvin V. White Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 26 - Item VI-J.2. APPOINTMENTS ITEM # 33838 A NOMINATION was made by Vice Mayor Fentress to APPOINT to the CHESAPEAKE BAY PRESERVATION AREA BOARD: (SLATE NO. 1) Robert H. DeFord, Jr. James L. Kitchen Michael R. Meiggs Three Year Terms: 1/1/91 - 12/31/93 Charles W. Gardner R. Dean Lee Two Year Terms: 1/1/91 - 12/31/92 David M. Hummel J. Harry Mote One Year Term: 1/1/91 - 12/31/91 A NOMINATION was made by Councilwoman Parker to APPOINT to the CHESAPEAKE BAY PRESERVATION AREA BOARD: (SLATE No. 2) Franklin Terry Elliott Jeffrey J. Beaton Leslie K. Fenlon Three Year Terms: 1/1/91 - 12/31/93 Georgette Constant-Davis Eleanor Tyler Stanton Two Year Terms: 1/1/91 - 12/31/92 Steve Atkinson Chris M. Lloyd One Year Term: 1/1/91 - 12/31/91 Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE) (SLATE NO. 2) Council Members Voting Aye: Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, and William D. Sessoms, Jr. Council Members Absent: None - 27 - Item VI-J.2. APPOINTMENTS ITEM # 33839 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: CHESAPEAKE BAY PRESERVATION AREA BOARD Robert H. DeFord, Jr. James L. Kitchen Michael R. Meiggs Three Year Terms: 1/1/91 - 12/31/93 Charles W. Gardner R. Dean Lee Two Year Terms: 1/1/91 - 12/31/92 David M. Hummel J. Harry Mote One Year Term: 1/1/91 - 12/31/91 Voting: 8-3 (SLATE NO. 1) Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 28 - Item VI-J.3. APPOINTMENTS ITEM # 33840 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: COMMUNITY SERVICES BOARD Martin V. Cornetta Mary E. Cox Robert F. Hagans Maureen E. Olivieri John Y. Richardson Three Year Terms: 1/1/91 - 12/31/93 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 29 - Item VI-J.4. APPOINTMENTS TTEM # 33841 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: DEVELOPMENT AUT'HORITY Kenneth D. Barefoot Four Year Term: 1/1/91 - 8/31/94 Voting: 9-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: None - 30 - Item VI-J.5. APPOINTMENTS ITEM # 33842 BY CONSENSUS, City Council RESCHEDULYD the following APPOINTMENTS: FRANCIS LAND HOUSE BOARD OF GOVERNORS - 31 - Item VI-J.6. APPOINTMENTS ITEM # 33843 Upon NOMINATION by Councilman Lanteigne, City Council APPOINTED: PLANNING COMMISSION Oscar Northen Pungo Borough 4-year Term - 1/1/91 - 12/31/94 Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent: None - 32 - Item VI-J.7. APPOINTMENTS ITEM # 33844 Upon NOMINATION by Councilman Jones, City Council APPOINTED: PLANNING COMMISSION Thomas F. Betz, Jr. Bayside Borough 4-year Term - 1/1/91 - 12/31/94 Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent: None - 33 - Item VI-J.8. APPOINTMENTS ITEM # 33845 Upon NOMINATION by Councilman Brazier, City Council APPOINTED: PLANNING COMMISSION Richard S. Browner Lynnhaven Borough 4-year Term - 1/1/91 - 12/31/94 Voting: 8-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 34 - Item VI-J.9. APPOINTMENTS ITEM # 33846 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: PLANNING COMMISSION Howard S. Myers Virginia Beach Borough 4-year Term - 1/1/91 - 12/31/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay; None Council Members Absent: None - 35 - Item VI-J.10. APPOINTMENTS ITEM # 33847 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: APPOINTED: RESORT AREA ADVISORY COMMISSION Sheldon Corner AND, REAPPOINTED: David R. Hager Roger F. Newill Edwin C. Ruffin Patricia L. Wallace Three Year Terms: 1/1/91 - 12/31/93 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 36 - Item VI-J.11. APPOINTMENTS ITEM # 33848 A MOTION was made by Councilman Clyburn, seconded by Councilwoman McClanan to EXTEND the APPOINTMENT process of the SCHOOL BOARD until January 31, 1991: Voting: 4-7 (W)TION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert W. Clyburn, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Absent: None - 37 - Item VI-J.12. APPOINTMENTS ITEM # 33849 Upon NOMINATION by Councilman Sessoms, City Council REAPPOINTED: SCHOOL BOARD Cynthia M. Davenport At Large Three Year Term: 1/1/91 - 12/31/93 Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Abstaining: Reba S. McClanan Council Members Absent: None - 38 - Item VI-J.12. APPOINTMENTS ITEM # 33849 Upon NOMINATION by Councilman Brazier, City Council APPOINTED: SCHOOL BOARD William H. Barnes Lynnhaven Borough Three Year Term: 1/1/91 - 12/31/93 Voting: 8-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: Reba S. McClanan Council Members Absent: None - 39 - Item VI-J.13. APPOINTMENTS ITEM # 33850 Upon NOMINATION by Councilman Heischober, City Council APPOINTED: SCHOOL BOARD Martin J. Mulderrig At Large Three Year Term: 1/1/91 - 12/31/93 Voting: 8-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: Reba S. McClanan Council Members Absent: None - 40 - Item VI-J.13. APPOINTMENTS ITEM # 33850 Upon NOMINATION by Councilman Bawn, City Council APPOINTED: SCHOOL BOARD Susan L. Creamer At Large Three Year Term: 1/1/91 - 12/31/93 Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Abstaining: Reba S. McClanan Council Members Absent: None - 41 - Item VI-J.14. APPOINTMENTS ITEM # 33851 Upon NOMINATION by Councilman Baum, City Council APPOINTED: TIDEWATER DETENTION HOME Carrollyn C. Cox Three Year Term: 1/1/91 - 12/31/93 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 42 - Item VI-K.I. UNFINISHED BUSINESS ITEM # 33852 ADD-ON The City Manager advised the City staff has completed preparation of the final draft maps depicting Chesapeake Bay Preservation Areas. These maps, which designate Resource Protection Areas (RPA'S) and Resource Management Areas (RMA's), will be presented to the City Council on December 18, 1990. City Staff is in the process of providing notification to property owners whose lands have the likelihood of being designated as Intensely Developed Areas (IDA's). - 43 - Item VI-L.l. NEW BUSINESS ITEM # 33853 ADD-ON Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council APPROVED: LOW BID: Crowder Contracting Company, Inc. Community Recreation $732,875.00 Center - Southeast Site Utilities CIP 4-944, 3-968, 1-011 AND, AUTHORIZED the City Manager to enter into the necessary negotiations. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 44 - Item VI-L.2. NEW BUSINESS ITEM # 33854 ADD-ON Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Coucnil ADOPTED: Resolution requesting the General Assembly establish House and Senate Districts that provide to the people of Virginia Beach districts that are contiguous and compact with maximum and fair representation and without crossing boundary lines. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None Requested by councilwoman Reba McClanan 1 RESOLUTION 2 3 4 WHEREAS, the General Assembly will be considering 5 redistricting during its regular and special sessions in 1991; 6 WHEREAS, the population of the City of Virginia Beach has 7 grown by more than forty eight percent (48%) since the last census 8 and redistricting; 9 WHEREAS, the Constitution of Virginia requires that each 10 electorial district be composed of contiguous and compact territory 11 and shall be so constituted as to give as nearly as is practicable, 12 representation in proportion to the population of the district; 13 WHEREAS, Council is desirous of the city receiving fair 14 and appropriate representation in the General Assembly based upon 15 its increased population; 16 WHEREAS, for the last ten (10) years, the House and 17 Senate electorial district boundaries and City boundaries have 18 matched and have not overlapped into adjoining localities; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That the General Assembly is requested to establish House 22 and Senate Districts that provide to the people of Virginia Beach 23 districts that are contiguous and compact, with the maximum and 24 fairest representation with six delegates with no crossing of 25 municipal boundary lines and a majority position for the seventh 26 seat; and two senators with no crossing of municipal boundary lines 27 and a majority position as to the third senator; and the City 28 requests that the seventh delegate and the third senator be from 29 an area as similar to virginia Beach as possible. 30 31 Adopted by the Council of the City of Virginia Beach, 32 virginia, on this 11 day of December 1990. 33 34 CA-4036 35 R-3 36 REDIST.RES - 45 - Item VI-L.3. NEW BUSINESS ITEM # 33856 ADD-ON Councilwoman McClanan distributed a proposed Resolution which willl direct the City Clerk, pursuant to provision of Section 15.1-835 of the Code of Virginia, to advertise a Public Hearing for January 8, 1991, on the question of whether the City's Charter should be amended so as to provide that members of the School Board shall be elected by the voters. This Resolution shall be SCHEDULED for the City Council Session of December 18, 1990. - 46 - Item VI-M.l. ADJOURNMENT ITEM # 33857 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 5:25 P.M. B.v. I Ho. Chief Deputy City Clerk th lidge Sith, CMC Mey6rat Oberndorf City Clerk Mayor City of Virginia Beach Virginia