DECEMBER 11, 1990 MINUTES
Cit C-@f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR E-1
Vl- @-IR7' E,
l@ BRI71@.R, JR.,
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'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
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i on
ted
tile
to
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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