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JANUARY 26, 1993 MINUTES Cit3T of Vir-girl i8 Beach "WORLD'S LARGEST RESORT CITY" cln' COU~CIL 'M \ OR \.fE\ ERA E OBERNDORF AI l..Jr¡:t \ Ie f \1,\ "O/~ \l/IWA \1 [J SCC;SOMS JR AI !.Ar¡:r J°/'" \ IMU'" 1JI",It~ ",." I,""~I:¡' LI"\\ Of)D 0 /JRAN( 1/ 111 V..¡:,n", lk"," lJMu~I:' J \'\11,,) \I.' BRAZIER. JR I...nn"olltn 8orouCh /«)BfRT W CLYBURIIJ li:trnpn,I1, Burouth UOßLRT Ii: DEAN P"nc,SJ Ann' BorouC" / OUIS R JOSES Ba\."tk &Wough (>,\1'1 J LANTEIGNE Pun"" &rout" lOll'" D r..fO~ ,\1 !.Art' 'A "c. \ Ii: PARKER. At !Art' J-\\I~~ 1\ SPORE CI/\ Manatf'T 1.r~I.Ir: L ULLf\ Co/\ AtlOI'nt\" RIJ1 JlIIODC£S ~\lITH CMC ME. Clh CIrrI! CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNfCIPAL CENTER VIRGINIA BEACH. VIRGINIA 23"56-9005 18041 427-4303 JANUARY 26, 1992 I. CITY COUNCIL and SCHOOL BOARD 3:00 PM A. JOINT WORKSHOP Courthouse Landing Elementary School (Cafeteria Area) II. CITY MANAGER'S BRIEFING - Council Chamber - 4:00 PM A. CITY-WIDE SAND REPLENISHMENT PROGRAM Ralph A. Smith, Director, Public Works III. INFORMAL SESSION - Council Chamber - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCA -nON: Reverend T. E. Thieman, D.C. Chaplain C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - January 12, 1992 . I G. PUBUC HEARING 1 . REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION: MARINE SPILL RESPONSE CORPORATION H. RESOLUTIONS/ORDINANCES 1. 2. 3. I. Resolution supporting legislation designating MARINE SPILL RESPONSE CORPORATION a benevolent corporation re real and personal property state and local tax exemption. Resolution directing the City Manager identify the functions to be performed in maintaining and operating the Citfs Stormwater Management Facilities and make recommendation for the solicitation of bids for the purpose of seeking submittals for the performance of such services by the City and the private sector. (Sponsored by Councilman John D. Moss) Resolution approving issuance and modification of the $277,000 Industrial Development Revenue Bond issued in 1981 to Rahnema-Imbur-West Associates re acquisition, construction and equipping of a medical office building at 1856 Colonial Medical Court. 4. Ordinances authorizing the City Manager to TRANSFER in Fiscal Year 1993 from the Economic Development Investment Program Account (Project 2-141) to the Development Authority re on-site infrastructure costs for improvements: a. $125,000 Capital Research and Management Company b. $ 30,000 Arai Seishakusho Co., Ltd and Virginia Precision Components (ARSNPC) 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 to AMEND and REORDAIN Section 2-75 of the Code of the City of VIrginia Beach, VIrginia, re composition of non-merit service. 2. Ordinance to APPROPRIATE $10,000 to the Department of Agriculture re abatement of environmental damage to, or the restoration of wetlands, in the City of Virginia Beach as directed by the Director of Agriculture in accordance with Section 28.2-1320 of the Code of Virginia, 1950, as amended, and as incorporated by reference in Section 1418 of the City Zoning Ordinance. 3. Ordinance appointing viewers in the petition of Whitt G. Sessoms III for the closure of portions of a fifteen (15')-foot alley adjacent to Lots 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach (L YNNHA VEN BOROUGH). 4. Ordinance to RENEW the permit of Oceanfront Watersports, Inc. for an additional term of five (5) months from May 1, 1993, to September 30, 1993, re personal watercraft (jet ski) rental operation on the Oceanfront at 31 st Street (VIRGINIA BEACH BOROUGH) . . ,- 5. 1. 6. 7. Ordinances granting franchises to operate open air cafes on public property in the Resort Area (VIRGINIA BEACH BOROUGH): a. Colonial Inn, Inc. t/a Cary's Restaurant 2809 Atlantic Avenue b. Fogg's Seafood Co., Inc. t/a Grumpy's 415 Atlantic Avenue c. Seafood Management, Ltd. t/a Laverne's Seafood Restaurant 701 Atlantic Avenue d. VIrginia Beach Amusement Company t/a Peppermint Beach Club 1500 Atlantic Avenue e. VIrginia George Co., Inc. t/a Dough Boys California Pizza Cafe 1826 Atlantic Avenue Virginia George Co., Inc. t/a Dough Boys California Pizza Cafe 2410 Atlantic Avenue Ordinance authorizing Tax Refunds in the amount of $8,084.49. Ordinance authorizing License Refunds in the amount of $10,318.54. J. PUBUC HEARING 1. PLANNING BY CONSENT a. Application of JOANNE PASSANO BARTLETT for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision have direct access to a public street at 1841 Addington Road (L YNNHAVEN BOROUGH) Recommendation: APPROVAL b. Application of H. RYAN POWELL for a Conditional Use Permit for a recreation facili of an outdoor nature Orbotron at the Southwest corner at 15th Street and Atlantic Avenue, containing 1 acre (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL c. Application of SHURGARD INCOME PROPERTY - FUND 14 UMITED PARTNERSHIP for a Conditional Use Permit for truck rentals at 1332 Kempsville Road, containing 2.05 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Ordinance to AMEND and REORDAIN Article 16, Sections 1600 through 1610 and Sections 1612 through 1618 of the City Zoning Ordinance and ADDING Sections 1607.1, 1608.1, 1609.1 and 1619 re The Coastal Primary Sand Dune Zoning Ordinance. Recommendation: APPROVAL 2. PLANNING - RECONSIDERATION a. RECONSIDERATION of the November 24,1992, Application of JOHN H. TRANT for a Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance and have direct access to a public street, respectively, North of Little Lake Court (LYNNHAVEN BOROUGH). Scheduled for Reconsideration: December 15, 1992 Recommendation: APPROVAL 3. PLANNING a. Application of STOCKTON TYLER WATSON for an enlargement of a non- conforming use at 5306-B Atlantic Avenue, containing 4051 square feet (VIRGINIA BEACH BOROUGH). Applicant requests WITHDRAWAL. b. Applications of MARGARET W. BOYKIN re property in the Agricultural District at the Southeast comer of Pleasant Ridge Road and Charity Neck Road, containing 35.4 acres (PUNGO BOROUGH): Variances to Sections 4.1 (m) and 4.4(b) of the Subdivision Ordinance which requires minimum pavement widths and that all lots created by subdivision must meet all requirements of the Zoning Ordinance, respectively; AND, Conditional Use Permit for seventeen Recommendation: APPROVAL c. Application of SPLAT ATTACK, INC./KEN PELTIER, PRESIDENT, for a Conditional Use Permit for a recreational facili of an outdo r nature ~ on the East side of North Landing Road, 2640 feet more or less South of Indian River Road, containing 25.2 acres (PRINCESS ANNE BOROUGH) . Recommendation: DENIAL * * * * * DEFERRAL on the Ordinance upon ApplicatIon of WIUJAMS HOLDING CORPORA TION and JOSEPH E AND JACK P. BURROUGHS for a Conditional Use Permit for single-familv homes in the Agricultural District was EXTENDED from January 26, 1993, to February 23, 1993. It II' It it It K. APPOINTMENTS COMMUNITY SERVICES BOARD PARKS AND RECREATION COMMISSION THE PLANNING COUNCIL RESORT AREA ADVISORY COMMISSION . L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********** SCHEDULE FY 1993-1994 OPERATING BUDGET TUESDAY, MARCH 30,1993 12:00 NOON (City Council Special Session) Council Chamber THURSDAY, APRIL 15, 1993 **PUBUC HEARING** Green Run High School 7:00 PM THURSDAY, APRIL 29, 1993 **PUBUC HEARING** Princess Anne High School 7:00 PM ********** If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM ********** r- 1/7/93mlm AGENDA\ 1-26-93.PLN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B DATE: January 12, 1993 B C N E S B R L T R P E PAGE: 1 R A Y J E N A S B A Z B D 0 I M D R S A N I U E N G 0 0 K 0 AGENDA U C E R A E N S R E M ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S 1/ BRIEFINGS' A COMPENSATION PLAN Fagan D. Stackhouse DlrlHuman Resources B RECYCLING P. Wade Kyle, Administrator Waste Mgmt Debra DeVIne, Recycling Coordinator n/lil/E CERTIFICATION OF EXECUTIVE CERTIFIED 9-0 Y A Y Y Y Y A Y Y Y Y SESSION F MINUTES - January 5, 1993 APPROVED 9-0 Y A Y Y Y Y A Y Y Y Y G/1 Resolution authorIZing enlargement of ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y non-conforming use In RT -1 re construction of expansions to restaurant of MlkelHelen Standing (415 Atlantic Avenue) (VIRGINIA BEACH BOROUGH) 2 Ordinance to AMEND Chapter 2/DlVlslon ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y 2.5 of the Code re procurement' a. competitIVe bidding (Insurance) b Increased competitIVe bidding from $10,000 to $15,000 c. RFPs cost Information/competitive negotlatlon/non- professional serviCes d emergency purchases e awarding contracts 1. public Inspection of certain records g bid bonds/construction contracts h performance/payment bonds 3 Ordinance to APPROPRIATE $168,548 to ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y MHIMRISA for Community Services Board initiatives 4 Ordinance to APPROPRIATE $86,400 ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y from State Dept of Corrections to Community Corrections Special Revenue Fund re case management adMtles 5 Ordinance to APPROPRIATE $22,855 re ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y purchasing AFIS finger print program 6 Ordinance to ACCEPT/APPROPRIATE a ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y $5,250 Grant from State Emergency Medical SeMces purchasing Hepatltls-B vaccine t-V1/a Ordinance for discontinuance, closure of AlJfHORIZED 9-0 Y A Y Y Y Y A Y Y Y Y a portion of Walnut Street at South FINAL Boulevard In Petition of THE APPROVAL RUNNYMEDE CORPORATION (L YNNHA VEN BOROUGH) b GRAYSON M WHITEHURST variance to APPROVED/ 9-0 Y A Y Y Y Y A Y Y Y Y Section 4.4(d) of SUbdiVIsion Ordinance CONDITIONED that all lots have direct access to a public street, South of Sykes Avenue (L YNNHA YEN BOROUGH) c WlLJAMCO DEVELOPMENT CORP APPROVED! 9-0 Y A Y Y Y Y A Y Y Y Y CUP filling a borrow pit on Barrs Road! CONDITIONED Evelyn Avenue (BA YSIDE BOROUGH) d THOMAS NEDITH G UNDSEY COZ APPROVED 8-0 Y A Y Y Y A A Y Y Y Y Euclid Place (BAYSIDE BOROUGH)' B From B-2 to 1-1 S 4911,4915/1419 Potomac Street T From B-3 to 1-1 A 4925-4929 Potomac StreeV I 4920 Cleveland Street N E D AI CITY OF VIRGINIA BEACH t . SUMMARY OF COUNCIL ACTIONS L 0 A B DATE: January 12, 1993 B C N E S B R L T R P E PAGE: 2 R A Y J E N A S B A Z B D 0 I M D R S A N I U E N G 0 0 K 0 AGENDA U C E R A E N S R E M ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S 2Ia WAIVER of open space reservatIOn of AUTHORIZED 9-0 Y A Y Y Y Y A Y Y Y Y SubdiVISIOn Ordinance for Dl'Iskdl Valley WAIVER OF SubdiVISIOn (KEMPSVILLE BOROUGH) OPEN SPACE b YMCA OF SOUTH HAMPTON ROADS APPROVED! 9-0 Y A Y Y Y Y A Y Y Y Y CUp' YMCNchlid care center on laskin CONDITIONED RoadIWlnwood Dr1VÐ (Parcel 22, Hilltop East Shopping Center (L YNNHA VEN BOROUGH) c PHIUP MOSSER COZ from 1-1 to AG-1 APPROVED 9-0 Y A Y Y Y Y A Y Y Y Y at Potters RoadlDalebrook Drive (L YNNHA VEN BOROUGH) d CHURCH POINT ASSOCIATES (4001 Church POInt Road) (BA YSIDE BOROUGH): COZ from R-40 to AG-2; APPROVED 9-0 Y A Y Y Y Y A Y Y Y Y AND, CUP. COUNTRY INN (bed and APPROVED! 9-0 Y A Y Y Y Y A Y Y Y Y breakfast) CONDITIONED APPOINTMENTS REVIEW AND ALLOCATION APPOI NTED 9-0 Y A Y Y Y Y A Y Y Y Y COMMITTEE (COIG) Priscilla Beede, Chair 3 year terms Van Cunningham 211/93-1131/98 Irvine Beard Daryl Scott Timothy Jackson SOUTHEASTERN HAMPTON ROADS APPOI NTED 9-0 Y A Y Y Y Y A Y Y Y Y DISABIUTY SERVICES BOARD Cathy Foussekis (Local Official) Carolyn Smith Donna Zoby Heuneman JIK/11 Resolution requesting CIty Manager ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y a pursue possibility of a Grand PrIX Automobile Race (Sponsored by Mayor Meyera E. Oberndorf) b Resolution directing Planning CommISSion DEFERRED 9-0 Y A Y Y Y Y A Y Y Y Y review existIng ZOning on property In TO 219/93 VtClnlty of Wesleyan Dnve/Diamond Springs RoadINewtown Road owned by Mr !Mrs. John G. Williams, Sr. to determine d reclassificatIOn from I residential to agriculture IS appropriate (BAYSIDE BOROUGH) (Sponsored by Councilman LouIs R. Jones) ADD LegislatIVe Ordinance for General ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y ON Assembly to allow establishment of Volunteer Prosecutor program In Virginia Beach Commonwealth's Attorney's Office (HB 1098) ADD ResolutIOn of support for General ADOPTED 9-0 Y A Y Y Y Y A Y Y Y Y ON Assembly regulation of the sale and distribution of handguns and other weapon~o control unlawful use of firearms SCHEDULE FY 1993-1994 OPERATING BUDGET TUESDAY, MARCH 30, 1993 (City Council Special Session) Council Chamber 12 00 NOON THURSDAY, APRIL 15,1993 **PUBLIC HEARING- Green Run High School 7:00 PM THURSDAY, APRIL 29,1993 **PUBLIC HEARING- 7:00 PM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 26, 1993 Mayor Meyera E. Oberndorf called to order the JOINT WORKSHOP of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH SCHOOL BOARD in the Courthouse Landing Elementary School (Cafeteria Area) on Tuesday, January 26, 1993, at 3:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzlliam D. Sessoms, Jr. Council Members Absent: None School Board Members Present: Wzlliam H Barnes, Susan L. Creamer, Cynthia M Davenport, Rear Admiral Donald L. Felt, Robert W. Hall, VIce Chairman Dr. M Boyd Jones, June Turner Kernutt, Edward G. Kreyling, Jr., Chairman Samuel W. Meekins, Martin J. Mulderrig, Jr. and Louisa M Strayhorn School Board Members Absent: None -2- C I T Y MAN AGE R 's B R I E FIN G CITYWIDE SAND REPLENISHMENT PROGRAM 4:45 PM. ITEM # 36433 Ralph Smith, Director of Public Works, advised the permanent natural feature which contributes to the quality of life, to the economic vitality and to the City s reputation as an outstanding tourist destination is the clean SIlnd beaches. Properly maintained, these beaches serve to protect the citizens of the City s coastal regions from the destructions of storms along the coast. Tourists spend $500-MILLION a year in the City of Vzrginia Beach. The Beach MalUlgement Task Force was appointed July 1991 by the City Manager to investigate the management of beaches and to ascertain if the process could be improved, it would be improved. A Comprehensive Beach MalUlgement Plan has been developed and is hereby made a part of the record. TASK FORCE OBJECTIVES: COMPREHENSIVE BEACH MANAGEMENT PLAN DEDICATED FUNDING SOURCE FOR PLAN IMPLEMENTATION MANAGEMENT ISSUES Beach Project Needs Accessibility Acquisition Economic Impacts CoosttJ Hazard Mitigation Sand Sources Institutional Alte17Ultives FilUlncÜlI Alte17Ultives There are ten miles of coastal beaches along the southern shore of the Chesapeake Bay and twenty-eight miles of ocean beach from Fort Story down to the North Carolina border. Seventeen miles of the beaches are public accessible. Fourteen miles of these public beaches are eroding. Mr. Smith identified the beaches: CheSllpeøke Beach Bay Lake Ocean Park Cape Henry Seashore Stote Park Fort Story North End Beach Resort Beach Croatan Camp Pendleton Ddn Neck, U.S. Navy Sandbrúlge Little Island Back Bay National Wildlife Refuge False Cape Stote Park Mr. Smith advised the 1989 VtrginÜl Outdoor Plan and the Parks and Recreation Strategic Plan clearly indicated severe overcrowding at the Resort Beach and Little Island Park while under utilizing the other beaches. The beaches must be advertised extensively with environmentally sensitive access landscaped controlling where citizens can walk over the dune systems. January 26, 1993 -3- C I T Y MAN AGE R 's B R I E FIN G CITYWIDE SAND REPLENISHMENT PROGRAM ITEM # 36433 (Continued) Parking problems must be addressed. At times, there is conflict between the use of the beaches for other than sunbathing and swimming, particularly in the area of surfing, craft launching and fIShing. Beach use facilities: Restrooms, Showers, Changing Areas and Safety Services, are necessary. The recommendations of the Task Force as they develop indicates the City needs to upgrade existing facilities at Little Island Park (currently a CIP Project), Camp Pendleton (parking and portable toilets only are available) and Fort Story (same situation as Camp Pendleton). Mr. Smith cited the four recommended locations for new Beach Use Facilities: Croatan, North End, Cape Henry Beach and Ocean Park. Concerning Beach Access Improvements, the Task Force has identified $5,993,577 worth of FaciUty requirements and $5,300,000 of right-of-way acquisition. However, there is less than $900,000 in the CøpittJI Improvement Program toward this $11-MILLION total project cost. Concerning Beach Acquisition, Mr. Smith cited the chart depicting Beach Ownership Inventory. ECONOMIC IMPACTS TOURISM REVENUES $20-MILLION - Local Sales Taxes $10-MILLION - Real Estate and Personal Property Taxes $10-MILLION - Return of State Taxes TOURISM BENEFITS 11,500 6,500 $0.251100 - Full Time Jobs - Seasonal Jobs - Real Estate Tax Savings BEACH NOURISHMENT PROJECT SUMMARY Project Name Project Type Sand Estimated Estimated Volume Life City (C.Y) (Years) Costl Project Chesapeake Beach - Beneficial Use of 408, 000 5.5 $ 630,000 Section 933 Dredged Material Resort Beach Beneficial Use of 900,000 2.0 $ 1,800,000 Section 933 Dredged Material Resort Beach Initial Construction 3, 429, 000 2.0 $39,200,000 Erosion Control and Hu"icane Periodic Nourishment 1, 000, 000 2.0 $ 3,465,000 Protection Resort Beach Annual Nourishment 150,000 1.0 $ 825,000 Beach Restoration & Hurricane Protection Sandbridge Beach Beneficial Use of 1,226,000 2.5 $ 2,700,000 Section 933 Dredged Material Sandbridge Beach Initial Construction 972,000 2.0 $ 3,100,000 Erosion Control and Hurricane Protection Periodic Nourishment 500, 000 2.0 $ 1,800,000 January 26, 1993 -4- C I T Y MAN AGE R 'S B R I E FIN G CITYWIDE SAND REPLENISHMENT PROGRAM ITEM # 36433 (Continued) Mr. Smith referenced the Funding Requirements &hedule and advised Beach Nourishment and Beach Access with a ten-year funding plan (in constant 1992 Dollars) totaled $83,298,577. The Resort Area \Seawall Construction in the amount of $39,200,000 was deducted from this total and looked at as a separate project with the adjusted total being $44,098,577. Funding Needs were compared to Current Commitments. Charts are hereby made a part of the record. Total commitments entailed $6,231,577. REVENUE AL TERNA TIVES City Deal Surcharge Yes $ 5,420,000 Yes $20 increase per decal Special Service Districts No No 10% increase real estate each Oceanfront 1,402,000 district & 5% increase lodging Sandbridge 525,000 Sandbridge per 1992 General Bay Front 498,000 Assembly action (H881) City License Plates No 391,500 Yes Estimated at 10% participation Boardwalk Telescope Fees Yes 58,000 No Full year, 29 additional scopes Concession Profits Yes 6. 000 No Little Island Park (example) ~ Meal Tax Yes $ 3,700,000 No 1 % increase to current 4.5% Real Estate Property Tax yes 1, 600, 000 No $.01 increase to current $1.09 Lodging Tax Yes 1,200,000 No 1 % increase to current 5.0% Transfer Tax No 600, 000 Yes Estimated at $.041$1 ()() of value Deed Recordation Tax Yes NIE Yes At maximum allowable rate Beach User Fees No NIE No All users pay Beach Zone Charges No NIE Yes All property owners;prorata share Parking Revenues Yes NIE No Additional rates, more spaces ~ Mr. Smith displayed a Chart delineating the PROPOSED OFFICE OF BEACH MANAGEMENT. RECOMMENDATIONS Establish Central Coordination Authority Identify a Dedicated Funding Source Establish a Beach Management Advisory Committee Expand Beach Nourishment Program Expand Public Beach Availability Identify New Sand Sources Improve Data Collection Evaluate New Technology Increase Commonwealth Participation Mr. Smith identified the BEACH MANAGEMENT TASK FORCE: MEMBERS Edward A. Barco - Wetlands Board Donald F. Bennis - Erosion Commission J. Barry Frankenfield - Parks and Recreation Robert J. Hudome - Covention and Visitor Development Steven W. Johnston - Management and Budget Robert R. Matthias - Executive Roger F. Newill - Resort Area Advisory Commission Thomas C. Pauls - Planning Ralph A. Smith - Chair, Public Works January 26, 1993 -5- C I T Y MAN AGE R 's B R I E FIN G CITYWIDE SAND REPLENISHMENT PROGRAM ITEM # 36433 (Continued) STAFF SUPPORT Wayne L. Creef - Beach Maintenance James R. Feltcher - Engineering Vasilios A. Hadjiyiasemi - Highway Operations David S. Hay - Law James C. Lawson - Real Estate Phillip J. Roehrs - Engineering Henry Ruiz - Parking Management Joseph D. Russell, Jr. - Highway Administration Carl A. Thoren - Engineering ACTION PLAN Provide briefings as requested and within resources to affected civic groups and organizations; e.g., Council of Civic Organizations, VIrginia Beach Hotel and Motel Association, etc. Formally adopt Beach Management Plan prior to July 1, 1993. Fund Office of Beach Management in FY - 94 Operating Budget Initiate required action to define and establish special tax districts at Sandbridge, Oceanfront and Bayfront Obtain 100 percent dedication of public beach at Sandbridge in 1993. Seek Congressional assistance to reprogram funds for planning, engineering and design of Sandbridge Beach project in Corps of Engineers FY - 94 Operating Budget. Formulate a plan for the Beach Erosion Control and Hurricane Project which is acceptable to the City and the Corps of Engineers by October 1, 1993. Seek Congressional assistance to assure construction funds are appropriated for Sandbridge and Resort Beach in earliest possible program year. Identify funding source for City share of Seawall project - approximately $40- MILLION Program and Budget for projects identified in Beach Management Plan in FY-94-99 CIP. Sign Local Cooperation Agreement (LCA) with Corps of Engineers to resume cost sharing of annual beach nourishment project in 1993. Improve advertising and marketing of under utilized beaches in 1993 including Fort Story and Camp Pendleton Pursue charter amendment in 1994 Legislative sessIon authorizing increased decal fee. Mr. Smith advised the General Assembly is investigating the License Plate charge involving a special plate for the City of VIrginia Beach. These funds needed to be dedicated to beach maintenance if this is to be part of the solution. January 26, 1993 -6- ITEM # 36434 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 26, 1993, at 5:45 P.M. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and nee Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 -7- ITEM # 36435 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of nrginia, as amended, for the following purposes: . Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To- Wit: Appointments - Boards and Commissions: Community Services Board Parks and Recreation Commission The Planning Council Resort Area Advisory Commission s S. 'N : Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.1-344 (A) (5). c ~O: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To- Wit: Acquisition of Property - Beach Borough Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and nce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 -8- FORMAL SESION VIRGINIA BEACH CITY COUNCIL January 26, 1993 6:00 P N. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 26, 1992, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend T. E. Thieman, D. C. Chaplain Mayor Obemdorf recognized Reverend Thieman for his unselfish contributions as a volunteer to walk with the Police Department on Atlantic Avenue and assistance in creating safety and harmony in the Plaza Apartments. p January 26, 1993 -9- ~ CERTIFICATION OF EXECUTIVE SESSION ITEM # 36436 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, 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: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Robert K Dean January 26, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Vlrglnla Beach Clty Councll convened lnto EXECUTIVE SESSION, pursuant to the afflrmatl ve vote recorded In ITEM # 36435, Page No.8, and In accordance Wl th the prOV1Slons of The Virginia Freedom of Information Act; and, WHEREAS: Sectlon 2.1-344.1 of the Code of Vlrglnla requlres a certification by the governlng body that such Executl ve Sesslon was conducted In conformlty wlth Vlrglnla law. NOW, THEREFORE, BE IT RESOLVED: That the Vlrglnla Beach Clty Councll hereby certlfles that, to the best of each member's knowledge, (a) only publlC buslness matters lawfully exempted from Open Meeting requlrements by Vlrglnla law were dlscussed In Executl ve Session to WhlCh thlS certlflcatlon resolutlon applles; and, (b) only such publlc buslness matters as were ldentlfled In the motlon convenlng thlS Executl ve Sesslon were heard, discussed or consldered by Vlrglnla Beach Clty Councll. ~~4~ ~ R th Hodges Smlth, CMC/AAE Clty Clerk January 26, 1993 - 10- /1wJII:::E.L.. MINUTES ITEM # 36437 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of January 12, 1993. Voting: 7-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Linwood O. Branch, III and Paul J. Lanteigne Council Members Absent James W. Brazier, Jr. and Robert K Dean Council Members Branch and Lanteigne ABSTAINED as they were not in attendance during the City Council Session of January 12, 1993. January 26, 1993 - 11 - Item ¡Y-G.J..., PRESENTATIONS ITEM #I 36438 Mayor Oberndorf introduced the following Scouts in attendance to earn their merit badges: GIRL SCOUTS Patricia McKinney Assistant Executive Director Coloniol Coast Council Junior Troop 18: Leader Karen HinchflUln Assistant Leaders Karen McMu"ay Dorothy Terry Scouts Nicole Collura Jennifer Drapish Kristen HinchflUln Maggie Massie Danielle McGuire Stephanie McMu"ay Rachael Monk Lontonya Peele (Absent due to illness) Jennifer Stetson Patty St. Laurent (Absent due to illness) Tia Terry StlfIUlntha Webster Parents Stepøhnie Stetson Mark Monk The Girl Scouts presented members with complimentary boxes of GIRL SCOUT COOKIES. BOY SCOUTS Troop 65 Larry Rodrigues January 26, 1993 -12 - Item ¡Y-G.L. PRESENTATIONS ITEM II 36438 (Continued) BOY SCOUTS Troop 408 Church of the Ascension Assistant Scoutmoster Duane Prasuhn Merit Btulge Counselor Dennis Murphy Sean Murphy Brandon Peter Duane Prasuhn, Jr. Donald Schneider Matt Crittenden Jon Crittenden Bül Stetson Tim Bertrand Troy Schaum January 26, 1993 - 13 - Item ¡Y-G.2. PUBliC HEARING ITEM # 36439 Mayor Meyera E. Oberndorf DECLARED a PUBliC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION: MARINE SPILL RESPONSE CORPORATION There being no speakers, Mayor Oberndorf CLOSED THE PUBUC HEARING. January 26, 1993 - 14 - l1ø!..JY=:lL.L. RES OL UTIONS/ORDINANCES ITEM' 36440 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Resolution supporting legislation designating MARINE SPILL RESPONSE CORPORATION a benevolent corporation re real and personal property state and local tax exemption. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 1 2 3 4 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY MARINE SPILL RESPONSE CORPORATION AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 7 WHEREAS, property located or to be located in the City of 8 Virginia Beach and owned by Marine Spill Response Corporation is 9 currently subject to ad valorem taxation; WHEREAS, Marine Spill Response Corporation has requested the Council of the city of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, of the Constitution of Virginia to § 6 (a) (6) designate the real and personal property of Marine Spill Response Corporation as being exempt from state and local real and personal property taxation; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04 of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the city of Virginia Beach is of the opinion that Marine Spill Response Corporation should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Marine spill Response corporation and used by it exclusively for benevolent purposes on a nonprof it basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Marine 36 37 38 39 40 41 42 43 44 45 46 47 48 Spill Response Corporation as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Marine Spill Response Corporation which is located within the city of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. Adopted by the Council of the city of Virginia Beach, Virginia, on the day of January , 1993. 26 CA-4974 ORDIN\NONCODE\MARINE.RES R-2 PREPARED: 01/19/93 , . ~ .~._~ Þ PPRCïVED AS TO ~ LEGAL ~)UFFIC!Ei\j(,Y ~ ~ /, I , . <: I' I '. M t IL{r ¿L(¿tlUL~-~ , -- 2 - 15 - ~ RESOL UTI 0 NS/ORDINANCES ITEM #I 36441 The following spoke in SUPPORT of the Ordinance: Donald L. Williams, President - TBA, 2117 Smith Avenue, Chesapeake, Phone: 4200-2434 Walter Wally Erb, 150 Cayuya Road, Phone: 497-7451 Upon motion by Councilman Moss, seconded by Councilman Dean, City Council ADOPTED, AS AMENDED. . Resolution directing the City Manager identify the functions to be performed in maintaining and operating the City ~ Stormwater Ma1Ulgement Facilities and make recommendation for the solicitation of bids for the purpose of seeking submittals for the performance of such services by the City and the private sector. (Sponsored by Councilman John D. Moss) *The word "tn/ly" shall be added on line 18 after the verbiage, "... WHEREAS, the City Council.. " and before the word "desire". "... WHEREAS, the City Council mav desire that bids be sought from the City and the private sector in a private-public sector competition..." Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 7 8 9 10 11 12 13 14 15 16 17 18 --- 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 A RESOLUTION DIRECTING THE CITY MANAGER TO STUDY AND MAKE RECOMMENDATION TO THE CITY COUNCIL CONCERNING THE SOLICITATION OF BIDS FOR PERFORMING THE CITY'S STORMWATER MANAGEMENT FUNCTION WHEREAS, pursuant to the Clean Water Act, the Federal government has placed certain additional burdens upon the City as concerns the quality of stormwater runoff; and WHEREAS, in conformity with state law, the city Council recently adopted an ordinance to establish a Stormwater Management Utility to generate revenue to offset the additional costs that are associated with the city's compliance with that legislation and local flood control projects; and WHEREAS, the City Council is desirous of performing its obligations concerning stormwater management in a responsible and cost efficient manner; and WHEREAS, the City Council may desire that bids be sought from the City and the private sector in a private-public sector competition for the purpose of determining the most cost efficient and effective means of accomplishing the purposes of the Storm Water Management Utility. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed to identify the functions to be performed in maintaining and operating the City's Stormwater Management Facilities and is to prepare and submit to the City Council for its consideration an invitation to bid for the purpose of seeking submittals for the performance of such services by the City and the private sector; and - - ------- 31 32 33 34 35 36 37 38 That a response that allows for the execution of the bid process and award of same by is required. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON THIS 26 , 1 9 ....9...L . DAY OF January CA-4953 ORDIN\NONCODE\SWMBIDS.RES R-3 PREPARED: 01/27/93 -16 - ~ RES OL UTI 0 NS ¡ORDINANCES ITEM # 36442 Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution approving issuance and modification of the $277, 000 Industrial Development Revenue Bond issued in 1981 to RahnetTUl-Imbur-West Associates re acquisition, construction and equipping of a medical office building at 1856 Colonial Medical Court. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 A RESOLUTION APPROVING ISSUANCE AND MODIFICATION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY REVENUE BONDS TO RAHNEMA-IMBUR-WEST ASSOCIATES 6 WHEREAS, pursuant to the powers granted by Chapter 643, 7 Acts of Assembly of 1964, of the Commonwealth of as amended, 8 Virginia the ci ty of Virginia Beach Development (the "Act"), 9 Authority (the "Authority") assisted Rahnema-Imbur-West Associates, a Virginia general partnership (the "Company"), by issuing the Authority's $277,000 Industrial Development Revenue Bond 1981 (Rahnema-Imbur-West Associates Facility) (the "Bond") to finance the acquisition, construction, and equipping of a medical office building located at 1856 Colonial Medical Court, Virginia Beach, Virginia (the "Project"); and WHEREAS, the Authority, the Company, and the owner of the Bond have agreed to modify certain terms of the Bond affecting the rate of interest thereon, and a copy of the Authority's resolution of December 15, 1992, approving the proposed modification of the bond, a record of the public hearing held with respect to the Bond, and a Fiscal Impact Statement in the form prescribed by section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the recitals in the preambles hereto are found to be true and correct in all respects and are adopted as findings of the Council as if fully rewritten herein; 2. That the Project financed by the issuance of the Bond is authorized by the Act and, accordingly, the issuance of the Bond and the modification thereof as described in the Authority's resolution are hereby approved; and 3. That this resolution shall be in effect from and after its adoption. 35 36 37 38 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 26 January , 1993. CA-4979 ORDIN\NONCODE\RAHNEMA.RES R-1 01/19/93 .----' SIC ~ATJI:E C//Y /!,/[)A-AJey c< ¡. ".-I~.,':.I' iT A""",~",,'./r-..... '.'" "'f') LEGAL I ¡ ....) l- .J I ... 2 - 17- ~ RES OL UTI 0 NS /ORDINANCES ITEM # 36443 Upon motion by nce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinances authorizing the City Manager to TRANSFER in Fiscal Year 1993 from the Economic Development Investment Program Account (Project 2-141) to the Development Authority re on-site infrastructure costs for improvements: $125,000 Capital Research and MalUlgement Company $ 30,000 Arai Seis1ulkusho Co., Ltd and VIrginia Precision Components (ARS/VPC) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and nce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $125,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts 7 8 of Assembly of 1964 (as amended) (the "Acts"); 9 WHEREAS, one of the primary purposes of the Authority as set forth in the Acts is to "promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the [City]...."; WHEREAS, the Economic on Development, Department of behalf the Authority, induced and Capital Research of has Management its and computer, warehouse, to locate Company literature distribution center in the City of Virginia Beach; WHEREAS, the inducement included an agreement to provide Capital Research and Management Company $125,000 to underwrite a portion of the on-site infrastructure costs for improvements to its facility; WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in the FY Capital Improvement Program to provide 1990-91/1994-95 infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on November 30, 1992, the Authority, by a vote of 7-0, determined that the provision of the aforementioned incentive to Capital Research and Management company would serve a valid public purpose and would be in furtherance of the purposes for which the Authority was created. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council finds the proposed investment to be in keeping with the purposes for which the Economic Development 35 36 37 38 39 40 41 42 43 44 45 Investment Program Account was established and authorizes the City Manager to transfer funds in the amount of $125,000 from the Economic Development Incentive Program Account to the ci ty of Virginia Beach Development Authority for the purposes set forth herein. Adopted by the Council of the city of Virginia Beach, Virginia, on the day of January , 1993. 26 CA-4949 ORDIN\NONCODE\CAPITAL.ORD R-2 PREPARED: 01/20/93 APPROVED A~ -r LEGAL CUFr";" '. v I~'"v""~' . ø47' c1Er . ~ 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO TRANSFER $30,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY 6 WHEREAS, the City of virginia Beach Development Authority 7 (the "Authority") was created pursuant to Chapter 643 of the Acts 8 of Assembly of 1964 (as amended) (the "Acts"); 9 WHEREAS, one of the primary purposes of the Authority as set forth in the Acts is to "promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the [City]...."; WHEREAS, the Economic on Department of Development, behalf of the Authority, has induced Arai Seishakusho Co., Ltd. and Virginia precision Components (ARS/VPC) to locate its state-of-the- art plating facility in the City of Virginia Beach; WHEREAS, the inducement included an agreement to provide ARS/VPC $30,000 portion the on-site underwrite to of a infrastructure costs for improvements to its facility; WHEREAS, funds are available in the Economic Development Investment Program Account (Project 2-141) which was approved in the FY 1990-91/1994-95 Capital Improvement Program to provide infrastructure improvements on sites and along roadways to enhance the economic viability of property; and WHEREAS, at its regularly-scheduled meeting on November 30, 1992, the Authority, by a vote of 7-0, determined that the provision of the aforementioned incentive to ARS/VPC would serve a valid public purpose and would be in furtherance of the purposes for which the Authority was created. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council finds the proposed investment to be in keeping with the purposes for which the Economic Development Investment Program Account was established and authorizes the City 35 36 37 38 39 40 41 42 43 44 Manager to transfer funds in the amount of $30,000 from the Economic Development Incentive Program Account to the City of Virginia Beach Development Authority for the purposes set forth herein. Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 , 1993. day of January CA-4950 ORDIN\NONCODE\ARAI.ORD R-2 PREPARED: 02/20/93 80.- -~~. . ~ .....-. APPHOVED AS TO LEGAl. SüFFICIENCY , l ~ :' ..: J / 2 - 18 - ~ CONSENT AGENDA ITEM # 36444 Upon motion by Councilman Moss, seconded by Councilman Bawn, City Council APPROVED in ONE MOTION Items 1, 2, 3, 6 and 7 of the CONSENT AGENDA. Items 4 and 5 were pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. * Council Members Voting Nay: None Council Members Absent: None *Councilman Sessoms ABSTAINED on Item 3 of the CONSENT AGENDA as he is related to the applicant. January 26, 1993 - 19- ~ CONSENT AGENDA ITEM 1# 36445 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2- 75 of the Code of the City of VIrginia Beach, VIrginia, re composition of non -merit service. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parlœr and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-75 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO COMPOSITION OF NON- MERIT SERVICE 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That section 2-75 of the Code of the City of Virginia Beach, 9 Virginia, is hereby amended and reordained to read as follows: section 2-75. service divided into nonmerit and merit services; composition of nonmerit service. (a) The service of the city is divided into nonmerit service and merit service. (b) The nonmerit service shall consist of: ( 1) (2) (3) (4) (5) (6) (7) (8) (9) Members of the city council and all other elected officials or persons appointed to fill vacancies in elective offices. The city city manager, the deputy manager, assistant city managers, assistants to the city manager and all heads of departments or offices who are appointed by the city manager. Constitutional officers and their employees. All appointees of the city council and the deputy cityattorneya. Employees of the health department. Employees of the school board. Judges and associate judges of the circuit courts, general district courts and juvenile and domestic relations district courts, and employees of such courts. Employees of social services. Employees of the agriculture department compensated by the state. (10) The general registrar and all assistant registrars. (11) Employees of juvenile probation. 36 37 38 39 40 41 42 43 44 45 46 (12) Members of boards and commissions. ( 13 ) Any individual whose relationship with the city arises from under express contractual or any agreement to which such individual is a party or whose position is created by such contract. Adopted by the Council of the City of Virginia Beach, Virginia on the day of January , 1993. 26 CA-4870 \ORDIN\PROPOSED\2-75.PRO R-4 January 20, 1993 2 - 20- ~ CONSENT AGENDA ITEM # 36446 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: Ordinance to APPROPRIATE $10,000 to the Department of Agriculture re abatement of environmenttd dsllUlge to, or the restoration of wetlands, in the City of Virginia Beach as directed by the Director of Agriculture in accordance with Section 28.2 -1320 of the Code of Virginia, 1950, as amended, and as incorporated by reference in Section 1418 of the City Zoning Ordinance. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 5 6 7 8 ORDINANCE TO APPROPRIATE $10,000 TO THE DEPARTMENT OF AGRICULTURE FOR THE ABATEMENT OF ENVIRONMENTAL DAMAGE TO, OR RESTORATION OF WETLANDS IN THE CITY OF VIRGINIA BEACH. WHEREAS, the Wetlands Board of the City of Virginia Beach 9 has ordered the imposition of civil charges in connection with violations of the Wetlands Zoning Ordinance of the City of Virginia Beach and has collected the cumulative sum of $10,000 in civil charges and deposited said monies with the City Treasurer; and WHEREAS, section 28.2-1320 of the Code of Virginia 1950, as amended, and as incorporated by reference in section 1418 of the city Zoning Ordinance, provides that civil charges imposed for the violation of any provision of the Wetlands Act (Sections 28.2- 1300 - 28.2-1320) or violations of any Commission or wetlands board notice, order, rule, regulation or permit condition may be directed to be paid into the treasury of the county, city, or town in which the violation took place for the purpose of abating environmental damage to, or the restoration of wetlands therein; and WHEREAS, there are available revenues deposited with the City Treasurer, the sum of $10,000 for the abatement of environmental damage to, or the restoration of wetlands; and WHEREAS, the Department of Agriculture is tasked with the administration of funds collected in accordance with section 28.2- 1320. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: That the $10,000 is appropriated the hereby of to sum Department of Agriculture for the abatement of environmental damage to, or the restoration of wetlands in the City of Virginia Beach as directed by the Director of Agriculture. 35 36 37 38 39 40 41 42 43 44 45 Adopted by the Council of the City of Virginia Beach, Virginia this ~~ day of January , 1993. A MAJORITY VOTE OF ALL THE MEMBERS OF COUNCIL IS REQUIRED. CA-4983 Ordin\Noncode\Wetlands.Ord 01/08/93 APfROVED AS TO CONT~NTS -#~H)L 4~z,,~ - ~IGNA TUR !1¡ t I 'II. L'i í& I" e D'EPARTMENT 'APPROVED AS TO LEGAL' SUFfiCIENCY AND FOR~J\ .hp~ .y;-¿;;~- :'iY"'T'--'~{,I APPROVE I) A.S TO cO1r~~~l-;T ~~ -" W~-itt-' C v- J""'er Jr Of nt r! ~11'l<lgement -or ¡ r5 Ij']et 2 - 21 - ~ CONSENT AGENDA ITEM # 36447 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: Ordinance appointing viewers in the petition of Whitt G. Sessoms III for the closure of portions of a fifteen (15~-foot alley adjacent to Lots 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach (LYNNHAVEN BOROUGH). The Viewers are: David C. Grochmal Director of General Services Robert J. Scott Director of Planning Ralph A. Smith Director of Public Works Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor WIlliam D. Sessoms, Jr. Council Members Absent: None .Counci/man Sessoms ABSTAINED on Item 3 of the CONSENT AGENDA as he is related to the applicant. January 26, 1993 ORDINANCE APPOINTING VIEWERS WHEREAS, WHITT G. SESSOMS, III, has given due and proper notice in accord wi th law, tha t he would, on the 26th day of January, 1993, apply to the City Council of the City of virginia Beach, Virginia, for the appointment of viewers to view the below- described portions of a 15' alley, in Lynnhaven Borough, in the City of Virginia Beach, Virginia, and to report in writing to this Council whether, in the opinion of said viewers any, and if any, what inconvenience would result from the discontinuancE~, closure and abandonment of said portions of a 15' alley; and WHEREAS, such application has been properly filed with this Council; and WHEREAS, all requirements of law have been met; NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, virginia, that Robert J. Scott , David C. Grochmal Ralph A. Smith be and and each of them is hereby appointed to view those certain portions of a 15' alley adjoining Lots 1, 2, 3, 13, 14 and 15, in Block 23, Croatan Beach, Virginia Beach, Virginia, and said viewers shall report in writing to this Council as soon as possible, whether in their opinion any, and if any, what inconvenience would result to the public from the discontinuance, vacation and abandonment of said portions of a 15' alley. Adopted by the City Council of the City of Virginia Beach, Virginia on the -2.6.. day of . T::In 11::1 ry , 1993. GROVER C \VIUGIIT. .JR ATTORNEY AN]) CO¡;NSI~I.LOH AT LAW. PC SUITE 101 DPA( II TO" PH Dt II UI'OJU 1110"~(II.t( ~'P'tP YIHOINIA DEACII. YIHOINIA 2a458 CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION NATIONSBANK OF VIRGINIA, N.A., and JEAN M. DAVIS, Co-Executors under the will of AMELIA G. MCLEAN, et al. HELEN LEIMBACH FOOS, et al. FNJ, INC., eta 1 . -- AN ORDINANCE VACATING AND DISCONTINUING PORTIONS OF A 15' ALLEY IN LYNNHAVEN BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, WHITT G. SESSOMS, III, to be pres en ted to the Ci ty Council of the City of Virginia Beach, Virginia, on the 26th day of January, 1993, for the vacation of the portions of the hereinafter described alley in the City of virginia Beach, Virginia, was on the 29th day of December, 1992, and on the 6th day of January, 1993, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of portions of the alley in Croatan Beach; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the 26th day of January, 1993, and in conformi ty wi th the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the 26th day of January, 1993, appointed , , and , as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the portions GHOVEH C WHIGIIT, fJU ATTOHNEY ANI> COt'~SI~LLOH AT LAW, P L 'n ITP '0' np \( II TO" PI( 0111 nl'u 1 "'OI'\(IPI< \\1"11' YIHOINIA DEACII, YIHOINIA 2:1458 of the alley proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portions of said alley, and that the portions of said alley should be vacated and discontinued; and NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Virginia Beach, Virgjnia 1 . That the following portions of an alley in Croatan Beach, in the Borough of Lynnhaven, in the City of Virginia Beach, virginia, be and lhe same is hereby vacated and discontinued: All those certain pieces or parcels of land, situate, lying and being in Lynnhaven Borough, in the Ci ty of Virginia Beach, State of virginia, being those portions of a 15' alley designated IIportion of 15' Alley to be Closed (2,250.00) sq. ft.)11 on that certain survey entitled IIStreet Closure Plat 15' Alley Adjacent to Lots 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia," dated September 29, 1992, which plat is attached hereto and made a part hereof and is to be recorded simultaneously herewith, reference to which is hereby made for a more particular description of said property. 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, virginia, as grantor, and in the names of NationsBank of Virginia, N.A., and Jean M. Davis, Co-Executors under the will of Amelia G. McLean, deceased, as grantees, as to Lots 1, 13 and 14, they now being the record owners of said lots, and in the name of FNJ, Inc., as grantee, as to Lots 3 and 15, it now being the record owner of said lots, and in the name of Helen Leimbach Foos, as grantee, as to Lot 2, she now being the record owner of said lot, in the Clerk's Office of the Circuit Court of the Ci ty of Virginia Beach, Virginia, at the expense of the applicants. 3 . This Ordinance shall be effective on the date of its passage. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, 2 Virginia, at its regular meeting held on the 26 day of January , 1993. TESTE: RUTH HODGES SMITH, CITY CLERK By City Clerk Lot 1, GPIN NO. 2426w39w7287 Lot 2, GPIN NO. 2426w39-7320 Lot 3, GPIN NO. 2426w39-7366 Lots 13 and 14, GPIN NO. 2426-39-8289 Lot 15, GPIN NO. 2426w39w8389 3 LEGAL DESCRIPTION All those certain pieces or parcels of land, situate, lying and being in Lynnhaven Borough, in the ci ty of Virginia Beach, State of Virginia, being thos e port ions of a 15' alley designated IIportion of 15' Alley to be Closed (2,250.00 sq. ft.)11 on tha t certa in survey en tit I ed II Street Closure PIa t i5' Alley Adjacent to Lots 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia, II dated September 29, 1992. GROVER C WRIGIIT. .JU ATTORNEY ANI) CO"NSEI.LOH AT I..A'" P L SPITE 10' 01' \( II TO" PH 01 II UI'O IIIOP\(II'I( A\I"IP YIROINIA DI'.ACII YIHODiIlA 2a458 NorrrCE TAKE NOTICE of the intention of Whitt G. Sessoms, III, to apply to the City Councjl of the City of Virginia Beach, Virginia, at a meeting thereof on January 26, 1993, at 6:00 p.m., in Council Chambers, Murd c i {Jù 1 ^dmjnisLratjon Buildjng, Princess Anne, Virginia Beach, Virginia, at which tjme affecLed persons may appear and present their views, for the vacation of portions of a 15' alley in Croatan Beach adjoining Lots 1,2, 3, 13, 14 and 15, Block 23, in Lynnhaven Borough of Lhe City of Virginia Beach, virginia. mIITT G. S~SSOMS, III, - - ,-( ~- J-~ - ~~~~~--' ----BYL- (Jfov~er C. Wright, J~ ,,- (Attorney at Law // t GROVER C. WRIGDT, JR. ATTORNEY ANI) COUNSEI,LOR AT LAW, P C SUITF IIOJ FA VII ION CFNTER 2101 PAR KC; A VENUE VIRGINIA DEAC'II. VIRGINIA Z34SI / \ IN THE MATTER OF THE APPLICATION OF WHITT G. SESSOMS, III, FOR THE CLOSURE, VACATION AND DISCONTINUANCE OF PORTIONS OF A 151 ALLEY IN LYNNIIAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA PETITION To: The City Council of the City of Virginia Beach, Virginia Beach, Virginia Your petitioner, the applicant, Whitt G. Sessoms, III, hereby applies [or the vaca t i on, closinq and dj scontj nuance of those portions of a 15' alley adjacent to Lots 1, 2, 3, 13, 14 and 15, in Block 23, as shown on that certain survey made by Gallup Surveyors and Engineers, Ltd., dated September 29, 1992, entitled, "Street Closure Plat 15' Alley Adjacent to Lols 1, 2, 3, 13, 14 and 15, Block 23, Croatan Beach, Lynnhaven Borough, Va. Beach, Virginia." Your petitioner and applicant alleges that no inconvenience will result to the public by reason of said closure and asks that Council appoint viewers as provided by law to view the said portions of a 15' alley sought to be closed and report in writing to the Council as to whether in the opinion of the viewers what inconvenience, if any would result from the discontinuance and closure as herein sought, at which time the petitioners will ask for passage of an ordinance vacating the portions of a 15' alley sought to be closed herein. On December 29, 1992, and on January 6, 1993, notice of intention to apply for such vacation to the council was published as required by law in THE VIRGINIAN-PILOT, a newspaper published or generally circulated in Virginia Beach, Virginia. Respectfully submitted, ~ ---- - - --) á)¿;'~ Whitt G. Sessoms, III, GHOVEH (' WIHGIII .IH AIIOU'I" ANn (Ol'r."'1'11 on ^f '^" 1'" "'I'" "'1111"(" I"""U 111111>"" 1110' \C II'" "1"1'1 \ IUO'NIA 111",\( II \ IUOIN'^ :.! I UHI AFFIDAVIT STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, Grover C. Wright, Jr., Attorney for Whitt G. Sessoms, III, ~~ being first duly sworn, depose and state: 1. That I am an attorney at law and represent Whitt G. Sessoms, III. 2. That on December 21, 1992, I requested THE VIRGINIAN- PILOT, a newspaper having a general circulation in the Ci ty of Virginia Beach, Virginia, to publish on December 29, 1992, and January 6, 1993, notice of the presenting of the application to close portions of a 15' alley in Croatan Beach, Lynnhaven Borough, Virginia Beach, Virginia. And further this deponent sai - --:.-, - ot. ~---- - ~/2 C. Wrigh , Jr~ bef ore me thi ~ day of ìâ 1/ ,/Í ----- ,--) // --- t~;4' ,~;' :' ~.--' otary PubL1C Subscribed and sworn to December, 1992. My commission expires May 31, 1993. GROVER C. WRIGHT, .JR. ATTORNEY AND COUNSELLOR AT LAW, pc. SUITE 802 PAVILION CENTER 2101 PARKS AVENUE VIRGINIA BEACH, VIRGINIA 23..51 THE VIRGINIAN-PILOT STATEMENT NO. PAGE INVOICE DATE 27 1 01/10/93 BILLED ACCT~ AD NUMBER INVC NUMBER 023758103 CO860240 605975001 BILLED ACCOUNT GROVER C. WRIGHT, JR. 2101 PARKS AVENUE SUITE 802 PAVILION CENTE VA BEACH, VA PLEAS ENTER AMOUNT OF ENCLOSED PAYMENT BELOW 23451 $ ISSUE EDITION INVC NBR DESCRIPTION SIZE GROSS AMT. 12/29/92 FULL 605975001 CROATAN BEACH 1 )( 0020 46.80 01/06/93 FULL 605975002 CROATAN BEACH 1 X 0020 46.80 TOTkL 93.&0 NOTICE TAKE NOTICE of the Intention of WhItt G <;E's'>Om", III. to 1Ißp'ly to the City CouncIl of the Ity of VlrgliHa e(,dch. Virginia. at a meetlnR thereof on January 26, 1993, at 6 ('II) pm, In Counrll Chambers Ml'nlclpal Admlnlstra tlon BUlldlrg. Princess Anne, Vir Rlnla Beach, Virginia 8t whlrh tIme affected per;ons may appear and prec;ent their Views, for the vacation of portions of a 15 alley 111 C'roatan Bearh a~OIning lols 1 ? 3 n. 14 an 1!J Block 23, 10 LYlnnc1ven Borou~ of the City of Vir!; nla Beach Irglnla WI-'ITT (, C;FSSOMS, III, By Groll!.'r G Wright Jr - ~Qr!~ì ~. i ~w -- --- State of Virginia City of Norfolk to-wit: AFFIDAVIT This day Sharon White personally appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of The Virginian-Pilot a newspaper published by landmark Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk, and Virginia Beach, State of Virginia¡ (2) That the advertisement hereto annexed at CROAT AN BEACH has been published in said newspa~er during the following dates: 12/29/92 - 01/06/93 ~ AJ?rl? ¿~{ -b My commission eXP1res APRIL 30TH, 1994 Affiant 10TH day of JANUARY Subscribed and sworn to before me in my city and state 1993 Notary Public / ' \ \ STALLINGS AND RICHARDSON, P. C. ATTORNEYS AND COUNSELLORS AT LAW 2101 PARKSAVENUE PAVILION CENTER SUITE 801 POBOX 1687 MOODY E STALLINGS. JR JOHN W RICHARDSON GREGORY KIM PUGH VIRGINIA BEACH VIRGINIA 23451 TELEPHONE (804) 422-4700 FACSIMILE (804) 422-3320 December 21, 1992 FILE NO David S. Hay Assistant City Attorney Municipal Center Virginia Beach, Virginia 23456 Re: certificate of Title DESCRIPTION: Portion of a Fifteen Foot Alley running between Lot Nos. 1, 2, 3, 13, 14 & 15, in Block No. Twenty-three (23) on the Map entitled "Croatan Beach', recorded in Map Book 2 4 , a t page 37, and recorded on the Map entitled "Chautaugua by the Sea", recorded in Map Book 1, at page 1B, in the Clerk's Office of the Circuit Court of the City of virginia Beach, Virginia; reference to which is hereby made. Dear Mr. Hay: This office has performed a limited examination of the general indices in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in the property to which title is vested in THE ESTATE OF AMELIA G. MCLEAN (Lots 1, 13 & 14); HELEN LEIMBACH FOOS (Lot 2); and FJN, INC. (Lots 3 & 15), which said property is described above. Said property is subject to the following matters: 1. Easement for ingress and egress on, over and across alley as shown on recorded plat of subdivision. 2. Rights or claims of parties in possession and easements or claims of easements not shown by the public records, boundary line disputes, overlaps, encroachments, and any matters not of record which would be disclosed by an accurate survey and inspection of the premises. STALLINGS AND RICHARDSON David S. Hay December 21, 1992 Page Two 3. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law, and shown or not shown by the public records. 4. leases. Rights of tenants in possession under unrecorded 5. possible outstanding interests, if any, of the spouse of any individual insured. This report reflects information revealed through November 16, 1992, at 8:00 a.m. No representation as to matters not shown in the general indices to the land records in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia is hereby made, unless otherwise shown. In the event that the captioned alleys are closed by City ordinance, the fee simple interest therein will vest in the City of Virginia Beach, Virginia, with a possible claim of title for the Estate of Amelia G. McLean. J JWR/pho - 22- Item ¡Y-L4. CONSENT AGENDA ITEM 1# 36448 Attorney John Richardson, 2101 Parks Avenue, represented the application and spoke in SUPPORT The following registered in OPPOSITION: Attorney Mike Gardner, One Columbus Center, Suite 900, Phone: 499-8000, represented David Parker Enterprises T/A Rudee Inlet Jet Ski. E. George Minns, NAACP - President, Post Office Box 4548, Phone: 463-3758 Upon motion by Councilman Branch, seconded by Councilman Baum, City Council ADOPTED: Ordinance to RENEW the permit of Oceanfront Watersports, Inc. for an additional term of five (5) months from May 1, 1993, to September 30, 1993, re personal watercraft üet ski) rental operation on the Oceanfront at 31st Street (VIRGINIA BEACH BOROUGH). Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and nce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: Paul J. Lanteigne Council Members Absent: None January 26, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1 2 3 4 AN ORDINANCE TO RENEW THE PERMIT OF OCEANFRONT WATERSPORTS, INC., TO CONDUCT A PERSONAL WATERCRAFT RENTAL OPERATION AT THE OCEANFRONT 5 in January of 1989, City Council adopted an WHEREAS, 6 ordinance authorizing the City Manager to grant permits/licenses 7 and enter into agreements for the implementation of concepts in the 8 Resort Area identif ied by City additional staff as providing 9 revenues and being consistent with the City's goal of enhancing the festive atmosphere in the Resort Area; WHEREAS, pursuant to this authorization, staff City developed and advertised a Request for Proposals (RFP) for a permit to conduct a personal watercraft (i.e., jet ski) rental operation on the oceanfront at 31st Street; WHEREAS, as a result of the RFP process, a permit was granted to Oceanfront Watersports, Inc., and the City entered into a Permit Agreement (the "Agreement") with Oceanfront Watersports, dated May 29, 1992; WHEREAS, the initial term of the permit was for five (5) months from May 1, 1992, to September 30, 1992; WHEREAS, the Agreement provides that the permit may be renegotiated and renewed for four (4) additional five-month terms, subject to approval by city Council; WHEREAS, Oceanfront Watersports, Inc., has requested a five-month renewal of its permit on the same terms and conditions set forth in the original Agreement; and WHEREAS, the Convention and visitor of Department Development, which is responsible for oversight of the operation, has reported that Oceanfront Watersports, Inc., conducted a safe and successful operation during the 1992 summer season, and has recommended that the permit be renewed for an additional five-month term. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the permit of Oceanfront Watersports, Inc. , to conduct a personal watercraft rental operation on the oceanfront at 31st street is hereby renewed for an additional term of five (5) months from May 1, 1993, to September 30, 1993, subject to the terms and conditions set forth in the Permit Agreement dated May 29, 1992. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January , 1993. 26 CA-4990 ORDIN\NONCODE\RENTAL.ORD R-1 PREPARED: 01/15/93 eYED AS TO CONTEtJ"r~ ,... 4-L/j:? D::,') \.: \~ :~. A;: .""r~' I!:",f""¡ \ C '."'1 1 " """ , I "~o\"""...:o...,¡¡-,'J 1;.- __,,_'t 2 - 23 - ~ CONSENT AGENDA ITEM 1# 36449 E. George Minns, NAACP - President, Post Ofice Box 4548, Phone: 463-3758, registered in OPPOSITION. Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinances granting franchises to operate open tUr cafes on public property in the Resort Area (VIRGINIA BEACH BOROUGH): Colonial Inn, Inc. 2809 Atlantic Avenue tla Cary's Restaurant Fogg's Seafood Co., Inc. 415 Atlantic Avenue tla Grumpy's Seafood MalUlgement, Ltd. 701 Atlantic Avenue tla Laverne's Seafood Restaurant Virginia Beach Amusement Company 1500 Atlantic Avenue tla Peppermint Beach Club Virginia George Co., Inc. 1826 Atlantic Avenue tla Dough Boys California PiZZtl Cafe Virginia George Co.,Inc. 2410 Atlantic Avenue tla Dough Boys California PiZZtl Cafe Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO COLONIAL INN, INC. TO OPERATE AN OPEN AIR CAFÉ, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT WITH THE GRANTEE 7 WHEREAS, the city regulations the for has adopted 8 operation of open air cafés on public property in the Resort Area; 9 WHEREAS, Colonial Inn, Inc. (t/a Cary's Restaurant) has submitted an application for the operation of an open air café and has paid the application fee; WHEREAS, the representations made in the application comply with the aforementioned regulations; WHEREAS, the of Convention visitor and Department Development has determined that the proposed café will have no detrimental effects on the public health, safety, welfare, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted to Colonial Inn, Inc. to operate an open air café at 2809 Atlantic Avenue, Virginia Beach, Virginia 23451, from February 1, 1993, to April 30, 1994, conditioned on provision by the Grantee of an approved final site plan, liability insurance coverage, a security bond, the applicable franchise fee, and on such other terms and conditions as are required by the regulations and the Franchise Agreement; and That the City Manager is hereby authorized to enter into a Franchise with the subject Agreement the Grantee to aforementioned conditions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January , 1993. 26 CA-4987 ORDIN\NONCODE\COLON.ORD R-1 PREPARED: 01/13/93 APPROVED AS TO CliNILI~I- .~ c.,-i-v 0 DEPARTMENT APPROVED AS TO LEGAL SUFFICIE AND FORM r::iTY ^,fT'~IC"1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO FOGG'S SEAFOOD CO., INC. TO OPERATE AN OPEN AIR CAFÉ, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN, AND AUTHOR I ZING THE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT WITH THE GRANTEE 7 WHEREAS, the City regulations the adopted for has 8 operation of open air cafés on public property in the Resort Area; 9 WHEREAS, Fogg's Seafood Co., has Inc. (t/a Grumpy's) submitted an application for the operation of an open air café and has paid the application fee; WHEREAS, the representations made in the application comply with the aforementioned regulations; WHEREAS, the Convention visitor Department of and Development has determined that the proposed café will have no detrimental effects on the public health, welfare, safety, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted to Fogg's Seafood Co., Inc. to operate an open air café at 415 Atlantic Avenue, virginia Beach, Virginia 23451, from February 1, 1993, to April 30, 1994, conditioned on provision by the Grantee of an approved final site plan, liability insurance coverage, a security bond, the applicable franchise fee, and on such other terms and conditions as are required by the regulations and the Franchise Agreement; and That the City Manager is hereby authorized to enter into a Franchise the with subject Agreement the Grantee to aforementioned conditions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January 26 , 1993. ROVED AS TO CONTt\~l ~ CA-4905 ORDIN\NONCODE\FOGG.ORD R-1 PREPARED: 01/12/93 ~ø DEPARTMENT "_17'( þ. "71'-: -.,¡EY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO SEAFOOD MANAGEMENT, LTD. TO OPERATE AN OPEN AIR CAFÉ, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT WITH THE GRANTEE 7 WHEREAS, the City regulations for the adopted has 8 operation of open air cafés on public property in the Resort Area; 9 WHEREAS, Seafood Management, Ltd. (t/a Laverne's Seafood Restaurant) has submitted an application for the operation of an open air café and has paid the application fee; WHEREAS, the representations made in the application comply with the aforementioned regulations; WHEREAS, the Convention visitor Department of and Development has determined that the proposed café will have no detrimental effects on the public health, safety, welfare, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted to Seafood Management, Ltd. to operate an open air café at 701 Atlantic Avenue, Virginia Beach, Virginia 23451, from February 1, 1993, to April 30, 1994, conditioned on provision by the Grantee of an approved final site plan, liability insurance coverage, a security bond, the applicable franchise fee, and on such other terms and conditions as are required by the regulations and the Franchise Agreement; and That the City Manager is hereby authorized to enter into a Franchise the with subject Agreement the Grantee to aforementioned conditions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January 26 , 1993. eYED AS TO CONTENTS CA-4906 ORDIN\NONCODE\SEAFOOD.ORD R-1 PREPARED: 01/12/93 C~~(;J DEPARTMENT .- APPRCVED AS TO l EGAt. SU, F ~(. tf ¡' : A:'¡) ; '-' I\'~ ("y A-ITO~Nf" 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO VIRGINIA BEACH AMUSEMENT COMPANY TO OPERATE AN OPEN AIR CAFÉ, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT WITH THE GRANTEE 7 WHEREAS, the City regulations the for has adopted 8 operation of open air cafés on public property in the Resort Area; 9 WHEREAS, virginia Beach Amusement Company (t/a Peppermint Beach Club) has submitted an application for the operation of an open air café and has paid the application fee; WHEREAS, the representations made in the application comply with the aforementioned regulations; WHEREAS, the of Convention Visitor and Department Development has determined that the proposed café will have no detrimental effects on the public health, welfare, safety, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted to Virginia Beach Amusement Company to operate an open air café at 1500 Atlantic Avenue, Virginia Beach, Virginia 23451, from February 1, 1993, to April 30, 1994, conditioned on provision by the Grantee of an approved final site plan, liability insurance coverage, a security bond, the applicable franchise fee, and on such other terms and conditions as are required by the regulations and the Franchise Agreement; and That the City Manager is hereby authorized to enter into a Franchise Grantee with subject the to the Agreement aforementioned conditions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1993. 26 January ;;;:s;; ~ ~vß SIC~"ATIJ"E CA-4904 ORDIN\NONCODE\AMUSE.ORD R-1 PREPARED: 01/14/93 D::' ') /,' I ~.. 'r AF "'flO'1i r"'\ t (' 'T,- I rr..A.I ," v_I.,; j",..-."1 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO VIRGINIA GEORGE CO., INC. TO OPERATE AN OPEN AIR CAFÉ, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT WITH THE GRANTEE 7 WHEREAS, the City regulations the for has adopted 8 operation of open air cafés on public property in the Resort Area; 9 WHEREAS, Virginia Co. , Inc. Dough (t/a Boys George California submitted application for the Pizza Café) has an operation of an open air café and has paid the application fee; WHEREAS, the representations made in the application comply with the aforementioned regulations; WHEREAS, the Department Convention and Visitor of Development has determined that the proposed café will have no detrimental effects on the public health, welfare, safety, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted to Virginia George Co., Inc. to operate an open air café at 1826 Atlantic Avenue, Virginia Beach, Virginia 23451, from February 1,1993, to April 30, 1994, conditioned on provision by the Grantee of an approved final site plan, liability insurance coverage, a security bond, the applicable franchise fee, and on such other terms and conditions as are required by the regulations and the Franchise Agreement; and That the City Manager is hereby authorized to enter into a Franchise the subject with Agreement the Grantee to aforementioned conditions. Adopted by the Council of the City of Virginia Beach, virginia, on the day of January , 1993. 26 CA-4985 ORDIN\NONCODE\VAGEO.ORD R-1 PREPARED: 01/12/93 A t-'KùvED AS TO CONTENTS ~fI~ '"", SIGNATURE Cd- Jd/ DEPARTMENT APPROVED AS TO LEGAL SUrFICIENC~ AND FCRM ~~- .rr"y p n,- = v 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 AN ORDINANCE GRANTING A FRANCHISE TO VIRGINIA GEORGE CO., INC. TO OPERATE AN OPEN AIR CAFÉ, SUBJECT TO THE CONDITIONS CONTAINED AND 1 OR REFERENCED HEREIN, AND AUTHOR I ZING THE CITY MANAGER TO ENTER INTO A FRANCHISE AGREEMENT WITH THE GRANTEE 7 WHEREAS, the City regulations the for has adopted 8 operation of open air cafés on public property in the Resort Area; 9 WHEREAS, Virginia Co. , Inc. Dough (t/a Boys George California submitted application the Pizza Café) for has an operation of an open air café and has paid the application fee; WHEREAS, the representations made in the application comply with the aforementioned regulations; WHEREAS, the Convention Visitor Department of and Development has determined that the proposed café will have no detrimental effects on the public health, safety, welfare, or interest, and will enhance the festive atmosphere in the Resort Area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a franchise is hereby granted to Virginia George Co., Inc. to operate an open air café at 2410 Atlantic Avenue, Virginia Beach, Virginia 23451, from February 1,1993, to April 30, 1994, conditioned on provision by the Grantee of an approved final site plan, liability insurance coverage, a security bond, the applicable franchise fee, and on such other terms and conditions as are required by the regulations and the Franchise Agreement; and That the City Manager is hereby authorized to enter into a Franchise subject the with Grantee to Agreement the aforementioned conditions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of T al1118 t"y , 1993. 76 ÙVtL> AS TO CON rtl~ I ~ " CA-4984 ORDIN\NONCODE\VAGEO2.0RD R-1 PREPARED: 01/12/93 ~l/// DEPARTMENT APPROVED AS TO LEGAL SUFFICIE~ AND FORM ~-~ (:T, t..T"~-""I'\£'f - 24- ~ CONSENT AGENDA ITEM # 36450 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $8,084.49 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wllliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 FORM NO C A 7 1/11/93 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following applications for tax refunds upon certification of the Treasurer are hereby approved, NAME Tax Year Type of Tax TIcket Number Exonera- tion No Date PaId Penalty I nt. Total Cecil G Moore 93 RE(I/2) 23911-8 9/24/92 3.97 Frederick J & Lois Schubart 93 RE(I/2) 102941-4 12/2/92 163.5(1 Carmela L Carl eo 93 RE(I/2) 18150-8 11/30/92 5.45 Carmela L Carl eo 93 RE(2/2) 18150-8 11/30/92 5.45 Carmela L Carl eo 92 RE(I/2) 18004-7 11/19/91 2.73 Carmela L Carl eo 92 RE(2/2) 18004-7 11/19/91 2.73 Clarice B Burton 92 RE(I/2) 15984-7 11/12/91 66.92 Clarice B Burton 92 RE(2/2) 15984-7 5/19/92 66.92 Standard Federal S&L Assoc 92 RE(I/2) 105839-3 11/26/91 35.97 Robert Ripley & Thomas Vance 91 RE(2/2) See List 11/18/91 493.69 El va Y Beil er 90 RE(2/2) See List 7/1/91 5,529.01 Albert & Diana Jensen 90 pp See List 11/3/92 1,654.15 Toyota Motor Credit Co N/A Pknq 394971 1/7/93 24.00 Jarden Davis N/A Pknq 328173 12/10/92 30.00 Tota 1 8,084.49 This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the--26.- day of ,T8n11~ry . 1993 Approved as to form Ruth Hodges Smith City Clerk Lilley, City Attorney /--~ - 25- ~ CONSENT AGENDA ITEM # 36451 Upon motion by Councilman Moss, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $10,318.54 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 FORM NO C A 8 REV :vø6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved. NAME license Year Date Paid Base Penalty Int Total Ames Department Stores Inc. P.O. Box 95 Rocky Hill, CT 06067 1992 Audit 9,680.03 9,680.03 Colaneri, Gerald A., Presldent Firehouse Inc. 1991-92 T/A The Polnt 2608 Sunnyfie1d Court Virglnia Beach, VA 23454 Audlt 96.71 96.71 Certified as to Payment ~ ~ ~ ~ //" /7 -7. ~ / / . ~ ~ - ( --/~obert P Vaugh~ - CommiSSioner of the Revenue Approved as to form Leslie L Lilley City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 9,776.74 were approved by the Council of the City of Virginia Beach on the 26 day of January , 19 93 Ruth Hodges Smith City Clerk FORM NO C A 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Revenue are hereby approved: That the following applications for license refunds, upon certification of the Commissioner of the NAME License Year Base Total Date Paid Penalty Int. Hamblin Productions Inc. 3732 Landstown Road Virginia Beach, VA 23456 1990-92 Audit 64.92 Hughes, Fay J. 1050 Gardenia Road Virginia Beach, VA Audit 1991 29.80 23452 Lane, Frederick S. & Elizabeth D. T/A Lane & Lane Advertising 3829 C1earwood Court 1990 Virginia Beach, VA 23456 Audit 66.48 This ordinance shall be effective from date of adoption The above abatement(s) totaling $161.20 Certified as to Payment ---- / ;~ Robert P. Vaughan Commissioner of th Revenue <.--- Approved as to form --.. of the City of Virginia Beach on the 26 day of January were approved by the Council ,19 93 Ruth Hodges Smith City Clerk .. 64.92 29.80 66.48 FORM NO C A 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME Total license Year Date Paid Base Penalty Int Legaspl, Raynaldo & Leonlda T/A Chlna Restaurant 1990 5036 Kemps Farm Place Virginia Beach, VA 23462 Audit 14.36 McDonalds Rest. of Va. Inc. T/A McDonalds #5066 1991 1 McDonalds Plaza Oakbrook, IL 60521 Wlnston of willows Inc. T/A Upholstery Shop 1286 Credle Road #104 Virginla Beach, VA 23454 Audit 329.69 1989-91 Audlt 36.55 Certified as to Payment obert P Vaugha Commissioner of the Revenue Approved as to form 14.36 329.69 36.55 Leslie L Lilley City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 380.60 of the City of Virginia Beach on the were approved by the Council /£1 day of I 19 93 LTanuary Ruth Hodges Smith City Clerk / \ \ ~ PUBliC HEARING - 26- ITEM II 36452 Mayor Meyera E. Obemdorf DECLARED a PUBliC HEARING on: PLANNING BY CONSENT 1. (a) JOANNE PASSANO BARTLEIT (b) H RYAN POWELL (c) SHURGARD INCOME PROPERIY- FUND 14 LIMITED PARTNERSHIP (d) CI1Y ZONING ORDINANCE PLANNING - RECONSIDERATION 2. (a) JOHN H TRANT 3. (a) STOCKTON 1YLER WATSON (b) MARGARET W. BOYKIN PLANNING (c) SPLAT AITAC~ INC./KEN PELTIER, PRESIDENT VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND AND REORDAIN ARTICLE 16, SEC. 1600/1610 1612/1618 / ADD SEC. 1607.1, 1608.1, 1609.1 and 1619 re The Coastal Primary Sand Dune Zoning Ordinance VARIANCE NON-CONFORMING USE V ARIAN C ES CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT January 26, 1993 - 27- ~ PUBUC HEARING ITEM 1# 36453 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION Items 1. a, b, c and d of the PLANNING BY CONSENT agenda. Typographical errors shall be CORRECTED on Item J.l.d. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 - 28- ~ PUBUC HEARING ITEM #I 36454 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED an Ordinance upon application of JOANNE PASSANO BARTLEIT for a Variance to Section 4.4(d) of the Subdivision Ordinance which required that all lots created by subdivision have direct aces to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, subdivision for JoAnne Passano Bartlett. Property is located at 1841 Addington Road. LYNNHAVEN BOROUGH Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 - 29- ~ PUBUC HEARING ITEM # 36455 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED an Ordinance upon application of H. RYAN POWEU for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF H. RYAN POWELL FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILI1Y OF AN OUTDOOR NATURE (ORBOTRON) RO1931798 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of H. Ryan Powell for a Conditional Use Permit for a recreational facility of an outdoor nature (Orbotron) at the southwest corner of 15th Street and Atlantic Avenue. Said parcel contains 1 acre. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. In addition to the landscaping shown on the submitted plan, eight (8) shrubs shall be placed in the grassed area between the building and sidewalk on both 14th and 15th Streets. A total of sixteen (16) shrubs shall be installed between the two (2) areas. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 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 Twenty-sixth of January. Nineteen undre an i e - ree, January 26, 1993 - 30- ~ PUBUC HEARING ITEM # 36455 (Continued) PLANNING BY CONSENT Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 STATEMENT OF CONSENT APPLICANT: H. RYAN POWELL APPLICATION: Conditional Use Permit - 15th Street/Atlantic Avenue (Virginia Beach Borough) DESCRIPTION: Recreational facility of an outdoor nature (Orbotron) CITY COUNCIL SESSION: January 26, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. In addition to the landscaping shown on the submitted plan, eight (8) shrubs shall be placed in the grassed area between the building and sidewalk on both 14th and 15th Streets. A total of sixteen (16) shrubs shall be installed between the two (2) areas. ~ £l;¿ Owner By: Attorney/Agent Date: r-Z¿;-'93 - 31 - ~ PUBliC HEARING ITEM' 36456 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED an Ordinance upon application of SHURGARD INCOME PROPERTIES - FUND 14 liMITED PARTNERSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SHURGARD INCOME PROPERTIES - FUND 14 LIMITED PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR TRUCK RENTALS RO1931799 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Shurgard Income Properties - Fund 14 Limited Partnership for a Conditional Use Permit for truck rentals on property located at 1332 Kempsville Road. Said parcel contains 2.05 acres. KEMPSVILLE BOROUGH. The following condition shall be required: 1. This permit is for three (3) rental trucks, none of which may exceed fifteen (15) feet in length. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 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 Twenty-sixth oj January. Nineteen Hu dire. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 STATEMENT OF CONSENT APPLICANT: SHURGARD INCOME PROPERTIES - FUND 14 LTD. PARTNERSHIP APPLICATION: Conditional Use Permit - 1332 Kempsville Road (Kempsville Borough) DESCRIPTION: Truck rentals CITY COUNCIL SESSION: January 26, 1993 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. This permit is for three (3) rental trucks, none of which may exceed fifteen (15) feet in length. ~ Owner (J ~ l' ~/c r /"JtÇ' N;C' ¡-é/'- By: Attorney/Agent Date: !/?4i/1~l- - 32- lJJ:m...lYdL4. PUBUC HEARING ITEM # 36457 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED, with typographical errors corrected: Ordinance to AMEND and REORDAIN Article 16, Sections 1600 through 1610 and Sections 1612 through 1618 of the City Zoning Ordinance and ADDING Sections 1607.1, 1608.1, 1609.1 and 1619 re The Coastal PrifTUlry Sand Dune Zoning Ordinance. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 5 6 7 8 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 16 OF THE CITY ZONING ORDINANCE (THE COASTAL PRIMARY SAND DUNE ZONING ORDINANCE) BY THE AMENDMENT OF SECTIONS 1600, 1601, 1602, 1603, 1604, 1605, 1606, 1607 , 1608, 1609, 1610, 1612, 1613, 1614, 1615, 1616, 1617 AND 1618 AND THE ADDITION OF NEW SECTIONS 1607.1, 1608.1, 1609.1 AND 1619. 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article Zoning Ordinance of the City of 16 of the Virginia Beach, Virginia, is hereby amended and reordained to read as follows: section 1600. Intent. The governing body city council of the City of Virginia Beach, acting pursuant to Chapter ~ ~(S28.2-~00 et seq.l of Title 62.1 28.2 of the Code of Virginia, for the purpoûea of fulfilling the policy in ~doptû ût~nd~rdû ouch ~nd ûet forth ch~pter, reordains this of article regulating the use and development coastal primary sand dunes. Whenever coastal primary sand dunes are referred to in this ordinance, such references shall also include beaches. section 1601. Definitions. For the purpose of this article: (a) Beach -f4+ zone shoreline comprised the of means unconsolidated sandy material upon which there is a mutual interaction of the forces of erosion, sediment transport and deposition that extends from the low water line landward to where there is a marked change in either material composition or physiographic form such as a dune, bluff or marsh, or (iir where no such change can be identified, to the line of woody vegetation (usually the effective limit of stormwaves), the nearest or 34 35 36 (b) 37 38 (c) 39 40 (d) 41 42 43 (e) 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 (f) 64 65 66 67 68 impermeable bulkhead, such structure, manmade as a revetment or paved road. commission ûh=:lll mC=:ln means the Virginia Marine Resources commission. commissioner oh=:lll mC=:ln means the commissioner of ~ Virgini=:l Marine Resources Commission. County or city City oh=:lllmc=:ln means the govcrning body city council of such county or city the City of Virginia Beach. Coastal primary sand dune, hcrcin=:lftcr rcfcrrcd to =:lO or "dune," ûh=:lllmc=:ln means a mound of unconsolidated sandy soil to mean high water, whose which is contiguous landward and lateral limits are marked by a change in grade from ten (10) percent or greater to less than ten (10) percent, and upon =:lny p=:lrt of which is growing eft July 1, 1980, or grow3 thcrcon aubacqucnt thcrcto, any onc or morc of the following species: American beach grass (Ammophilla breviligulata) ¡ beach heather (Hudsonia tometosa)¡ dune (strophostylis vûr, bean UJRbcllûtû pûludigcna spp.)¡ dusty miller (Artemisia stelleriana)¡ saltmeadow (Spartina sandwort hay patens) ¡ seabeach (Arenaria peploides)¡ sea oats (Uniola paniculata)¡ sea rocket (Cakile edentula) ¡ (Solidago seaside goldenrod sempervirens)¡ and short dune grass (panicum ararum). For purposes of this article, "coastal primary sand dune" shall not include any mound of sand, sandy soil or dredge soil spoil which h=:lO bccn deposited by maft any person for the purpose of the temporary storage of ouch m=:ltcri=:ll for l=:ltcr U3C. Governmental activity sh=:lllmc=:ln means any or all of the services provided by the commonwc=:llth or =:l county or city City of Virginia Beach to its citizens for the purpose of maintaining public facilities.L. oh=:lll includc =:lnd including limited services but not he to.L. such as conotruction constructing, repairing and maintaining 2 69 70 71 72 (g) 73 74 roadsT: providing street lights and sewage facilitiesTi supplying treating lighta1. and and waterT atreet constructing public buildings. Wetlands board Board or bo::J.rd Board means the board created ~a provided for in pursuant to section 62.1 13.6 28.2-1303 of the Code of virginia. 75 section 1602. Uses. 76 The following uses of and activities eft in dunes are permitted 77 authorized if otherwise permitted by law: construction maintenance noncommercial 78 (a) 79 80 81 (b) 82 83 84 85 (c) 86 87 (d) 88 89 90 91 92 93 (e) 94 95 96 97 (f) 98 99 100 (g) 101 102 103 The and of walkways which do not alter the contour of the coastal primary sand dune; The construction and maintenance of observation platforms which are not an integral part of any dwelling and which do not alter the contour of the coastal primary sand dune; The planting of beach grasses or other vegetation for the purpose of stabilizing coastal primary sand dunes; The placement of sand fences or other material on or adjacent to coastal primary sand dunes for the purpose of stabilizing such features, except that this provision shall not be interpreted to authorize the placement of any material which presents a public health or safety hazard; Sand replenishment activities of any private or public concern, prov ided no sand sha 11 be removed from any coastal primary sand dune unless authorized by lawful permit; The normal maintenance of any groin, jetty, riprap, bulkhead or other structure designed to control beach erosion which may abut a coastal primary sand dune; The normal maintenance or repair of presently existing roads, highways, railroad beds and facilities of the united States, this commonwe~lth Commonwealth or any of its counties or cities, or those of any person, firm, 3 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 (h) (i) (j) (k) (1) oorpor;:1tion, or utility, provided no coastal primary sand dunes are altered; Outdoor recreational activities, provided that such the activities do not alter the natural contour of the coastal primary sand dune or destroy ~ the vegetation growing thereon; The conservation and research activities of the Virgini;:1 M;:1rine Reaouroes commiaaion commission, :Efte V irg inia Institute of Marine Science, :Efte Department of Game and Inland Fisheries oonaer~,,";:1tion other rel;:1ted and conservation-related agencies; The construction and maintenance of aids to navigation which are authorized by governmental authority; Activities pursuant to any emergency declaration by the governing body of ;:1ny 100;:11 government the city council of the City of Virginia Beach or the governor Governor of the colMftonwe;:11th public health Commonwealth or any officer for the purposes of protecting the public health ef and safety; and Governmental activity eft in coastal primary sand dunes owned or leased by the Commonwealth of Virgini;:1 or a political subdivision thereof. section 1603. Applications for permits. .@l primary sand dune within the City of Virgini;:1 Be;:1ch this city, Any person who desires to use or alter any coastal other than for thoDe the purpose of conducting the activities specified in section 1602 herein, shall first file an application for a permit with the wetl;:1ndo bo;:1rd Wetlands Board at the planning department in ;:1ocord;:1noe with, ;:1nd aubject to the requirementa of, section 1403 of the Wetl;:1ndo Zoning Ordin;:1nce. iQl An application for a permit shall be accompanied by plans and other data in reference to the proposed project. Plans shall be prepared. stamped and endorsed by such qualified professional licensed to practice in the Commonwealth as the planning director may require: provided. however. that this requirement may be waived 4 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 if. in the judgment of the planning director. the nature of the work be performed it permit renders unnecessary. The to application shall include the followinq: the name and address of the applicant: a detailed description of the proposed activities and a map. drawn to an appropriate and uniform scale. showing the area of dunes directly affected. the location of the proposed work thereon. the proposed fill and excavation. the of any area location. width. depth and length of any disposal area. and the location of all existing and proposed structures. sewage collection and treatment facilities. utility installations. roadways. and other related appurtenances or facilities. including those on adjacent uplands: a description of the type of equipment to be used and the means of equipment access to the activity site: the names and addresses of owners of record of adjacent land: an estimate of cost: the primary purpose of the project: any secondary purposes of the project. includinq further projects: the public benefit to be derived from the proposed proj ect : a complete description of measures to be taken during and after the alteration to reduce detrimental offsite effects: the completion date of the proposed work. project. or structure: and such additional materials and documentation as the Wetlands Board may require. l.Ql The wetl=:lnda eat=:lbliah =:l A nonrefundable bo=:lrd B\=:lY processing fee to cover the cost of processinq the application 4ft =:lccord=:lnce with eJection 4 of section 62. 1 13. 5 of the Code of Virgini=:l shall accompany each permit application. Such fee shall ~n an amount equa¡ to seven-tentÞs of one percent (0.7~ total construction for commercial permit item value of the app~ons. w~h a minjmum fee of two þund~ars ($200.00t gng a maximum fee of two tþousand-ÍJve þun~ars ($2.500.00)-L gng one-quarter of one percent (0.25~he tota¡ construct~ value of the permit item for residential applications. with a minjmum fee of one þund~ dollars ~OO.OO) anq a maximum fee ot one ~housand~ars ~.OOO.OO) . app¡y to Suc1L-fees s hgll original applications. including after-the-fact- applications. and to re-applications. No person shall be required to file two (2) 5 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 separate applications for permits, if the project to be undertaken would will require th~t ~ permit be filed in ~ccord~nce with permits under section 62.1 13.5 28.2-1302 of the Code of Virginia ~D well ~S and this article. Under such those circumstances, the fee ~ccoH\p~nying the ~pplic~tion required by section 62.1 13.5 shall ~lso be the fee for the purpoDe of established pursuant to this article. section 1604. inspection of permit applications, maps, Public etc. All Applic~tion applications, maps, and documents rel~ting thereto submitted shall be open for public inspection at the planning department. section 1605. Public hearinq procedure on permit applications. Not later than sixty days after receipt of Duch a complete application, the wetl~ndD bo~rd Wetlands Board shall hold a public hearing application. applicant, Duch the The the loc~l on go~erning body city council, ~ commissioner, ~ owner of record of any land adjacent to the coastal primary sand dunes in question, ]{no,.yn cl~i1ft~ntD of w~ter rights in or ~dj ~cent to the co~Dt~1 prim~ry D~nd duneD in queDtion, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the Virgini~ State Water Control Board, the Department of Transportation and any governmental ~gencie3 aqency expressing an interest therein in the application shall be notified by the bo~rd of the hearing~ The Board shall èy mail these notices not less than twenty (20) days prior to the date set for the hearing. The wetl~ndD bo~rd Board shall also cause notice of ouch the hearing to be published at least once a week for two (2) weeks prior to such hearing in the newspaper having a general circulation in the City of Virginia Beach. Such notice Dh~ll cont~in ~ ot~tement th~t copieD of Duch ~plic~tion m~y be ex~H\ined in the pl~nning dep~rt1ftent. The costs of ouch publication shall be paid by the applicant. 6 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 section 1606. Action of board Board on permit application. igl In acting on any application for a permit, the bo~rd Board shall grant the application upon the concurring f~vor~ble aff irmati ve vote of not members. If the less than four (4) application receives ¡ess tþan four a{íjrmative votes. tM w permit shall be denied. D2l The ch~irm~n chairperson of the bo~rd Board, or in his or her absence the acting ch~irm~n chairperson, may administer oaths and compel the attendance of witnesses. Any person may appear and be heard at the public hearing. Each witness at the hearing may submit a concise written statement of his or her testimony. The bo~rd Board shall make a record of the proceeding, which shall include the application, any written statements of witnesses, a summary of statements of all witnesses, the findings and decision of the bo~rd Board, and the rationale for the decision. lQl The bo~rd Board sha 11 make its determination within thirty (30) days from the hearing. If the bo~rd Board fails to act within Duch that time, the application shall be deemed approved. within forty-eight (48) hours of its determination, the bo~rd Board shall notify the of auch its applicant commissioner and the determination~ ~nd, if If the bo~rd Board h~s not m~de fails to make determination shall within thirty-day period, it the a promptly notify the applicant and the commission that thirty (JOr d~ya h~7e p~aDcd ~nd the application is deemed approved. The term "~ct" referenced ~bove Dh~ll be the ~ction of t~king ~ vote on the ~pplic~tion. If the ~pplic~tion recci TJCD lcaD th~n four (4 r concurring f~vor~ble voteD, thi3 will be ~ determin~tion to deny the pcrmit. .ùü The bo~rd ah~ll tr~n3mit ~ copy of thc permit to the commiaaioner. If the ~pplic~tion Board's decision is reviewed or appealed, then the bo~rd Board shall transmit the record of its hearing to the commissioner. Upon a final determination by the commission, the record shall be returned to the bo~rd Board. The record shall be open for public inspection at the office of the city engineer planning department. 7 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 section 1607. Bonding requirements; suspension or revocation of permit. The bo~rd Board may require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it~ securing to the City of Virgini~ Be~ch Commonwealth compliance with the conditions and limitations set forth in the permit. The bo~rd Board may, after a hearing as provided herein, suspend or revoke a permit if the bo~rd Board finds that the applicant has failed to comply with any of the conditions for limitations set forth in the permit or has exceeded the scope of the work ~a act forth described in the application. The bo~rd Board may. after a hearing~ may suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application. section 1607.1. Duties of Board. In fulfilling its responsibilities under this article. the Board shall preserve and protect coastal primary sand dunes and beaches and prevent their despoliation and destruction. However. whenever practical. the Board shall accommodate necessary economic development in a manner consistent with the protection of these features. section 1608. Review procedure; grant or denial of permit. (a) In B\~]{ing ita deciaion deciding whether to grant, ~ grant in modified form, or ~ deny an application for a permit, the bo~rd Board shall b~ae ita deciaion on consider the following f~ctora: (1) Such B\~ttera r~iaed through the The testimony of any person in support of or in rebutt~l opposition to the permit application.i (2) The IB\p~ct impact of the proposed development on the public health and welfare; and ~a expreaacd by the policy ~nd at~nd~rd3 of Ch~pter 2.2 of Title 62.1 of the Code of Virgini~ ~nd ~ny guidelinea which B\~Y h~ve been proB\ulg~tcd thereunder by the coB\B\ioaion. 8 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 ill The proposed development's conformance with the standards prescribed in this section 1608.1 of ordinance and section 28.2-1408 of the Code of Virginia quidelines promulgated by the and the commission pursuant to section 28.2-1401 of the Code of Virginia. (b) If the bo~rd, in ~pplying the ot~nd~rds ~bove, finds th~t the ~nt~ip~ted public ~nd priv~te benefit of the ~ooed ~cti¥ity exceedo the ~nticip~ted public ~nd priv~te detriment ~nd th~t the propooed ~cti~ity would not viol~te or tend to viol~te the purpooeo ~nd intent of Ch~pter 2.2 of Title 62.1 of the Code of Virgini~ ~nd of thio ~rticle, the bo~rd Dh~ll gr~nt the permit, oubject to ~ny re~son~ble condition or modific~tion deoigned to minimize the imp~ct of the ~cti~ity on the ~bility of the City of Virgini~ Be~ch to provide government~l serviceD ~nd on the righto of ~ny other peroon ~nd to c~rry out the public policy oct forth in Ch~pter 2.2 of Title 62.1 of the Code of Virgini~ ~nd in thio ~rticle. nothing in this section oh~ll be conotrued ~o ~ffecting the right of ~ny peroon to oee]{ compeno~tion for ~ny injury in f~ct incurred by him bec~use of the propooed ~ctivity. The Board shall grant the permit if all of the following criteria are met: 1.ll The anticipated public and private benefit of the proposed activity exceeds its anticipated public and private detriment: 1.ll The with the proposed development conforms standards prescribed in 1608.1 of this section ordinance and section 28.2-1408 of the Code of Virginia guidelines and the promulqated by the commission pursuant to section 28.2-1401 of the Code of Virginia: and ill The proposed activity does not violate the purposes gngJntent or Cþapter ~S28.2-UOO et seq. )~ Title 28.2 of the Code of Virginia. l£.l If the bo~rd Board finds that the ~nticip~ted public ~nd priv~te benefit from the propooed ~ctivity io exceeded by the 9 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 ~nti-e4.p~ted public ~nd priv~te detriment or th~t the propooed ~ct~ty would viol~te the purpoaeo ~nd intent of Ch~pter 2.2 of ~tle 62.1 of the Code of Virgini~ ~nd of thio ~rticle any of the criteria set forth in subdivisions of subsection and 3 1lù are not met, the bo~rd Board shall deny the permit application with le~ve to but allow the applicant to resubmit the application in modified form. section 1608.1. . pr1mary sand for use of coastal Standards dunes. No permanent alteration of or construction upon any coastal lace which would sand dune shall take natura:L:t'unctions oL..t..he qune. ~y a:Lter tpe contour ot ~he qune. or ~estroy veqetation growing ~hereon un¡ess thg Board determines significant adverse will that there be no ecological impact. or that the granting of a permit is clearly necessary and consistent with the public interest. considering all material factors. section 1609. Permits to be in writing, signed and notarized. The permit ch~ir1ft~n in writing, signed by the shall be chairperson of the bo~rd Board and notarized. Þlo permit gr~nted by the wetl~nds bo~rd sh~ll ~ffect in ~ny w~y the ~pplic~ble zoning ~nd l~nd uoe ordin~nceo of the City of Virgini~ Beûch. A copy of the permit shall be transmitted to the commissioner. section 1609.1. Private rights. zoning and land use ordinances not affected. No ~ermit qranted by the Board shall in any way affect the applicable zoning and land use ordinances of the city of Virginia Beach or the right of any person to seek compensation for any injury in fact incurred by him because of the permitted activity. section 1610. Expiration date and extensions of permit. No permit shall be granted without an expiration date, aftà established by the bo~rd, Board. in the exercioe of ita diacretion, sh~ll deoign~te ~n expir~tion d~te for completion of ouch wor]{ the d~te the bo~rd gr~nted ouch apecified in the permit from 10 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 permit. upon proper application.L The bo~rd Board ho'i:e'ryFer may, therefor, gr~nt extenaions extend the permit expiration date. section 1611. Emergency sand grading acti vi ties on sand dunes located on the Atlantic shoreline of Virginia Beach. Notwithstanding the provisions of sections 1601 through 1610, sand grading activities are permitted on coastal primary sand dunes located on the Atlantic shoreline of the city of Virginia Beach if otherwise permitted by law, and if the city manager has declared an emergency and issued permit purpose. Such this for has a activities may be conducted without advance notice and hearing; however, the city manager, upon request and after reasonable notice as to time and place, shall hold a hearing to affirm, modify, amend, or cancel such emergency permit. "Emergency," as used in this section, sudden and unforeseeable occurrence or means a condition, either as to its onset or as to its extent, of such disastrous severity or magnitude that governmental action beyond that authorized or contemplated by existing law is required because governmental inaction for the period required to amend the law to meet the exigency would work immediate and irrevocable harm upon the citizens of the colftB\onwe~lth Commonwealth or some clearly defined portion or portions thereof. section 1612. conducting activity without permit. Ne It shall be unlawful for any person Dh~ll to conduct any activity which would require a permit under this article unless he ftas without such a permit therefor. section 1613. AdministrativeT . . prov1s1ons. and appellate and enforooJBont In administering the provisions of this article and in order to provide ~ appellate review ~nd enforcement, the wetl~nds bo~rd Board shall bear all those duties and responsibilities and follow those procedures specified in sections 62.1 13.7 28.2-1404 through 62.1 13.19 28.2-1415 of the Code of Virginia~ in the a~me m~nner ~nd on the a~me b~aia ~a it ~dminiûters ~nd enforces ~rticle 14 of the zoning ordin~nce of the City of Virgini~ Be~ch. 11 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 section 1614. Investigations and prosecution. The wetl:lnda Board shall authority to have the board investigate all projects, whether proposed or ongoing, which alter co:lat:ll prim:lry a:lnd dunes or beaches located within the City of Virginia Beach. The wetl:lnda bo~rd Board shall have the power authority to prosecute all violations of ~ny order of such bo~rd its orders, or any violation of any of the provisions of :efte co~at~l prim~ry aand dune aoning ordin~nce cont~ined in 6ection 62.1 13.25 of the Code of Virgini~ or in ~rticle 16 of the aoning ordin~nce of the City of Virgini~ Be~ch, Virgini~ this article. section 1615. Reporting, monitorinq, site inspections and notice to comply; wetlands board to issue stop-work orders. (a) with reapect to permitü required purau~nt to Title 62.1, Ch~pter 2.2 of the Code of Virgini~ or ~rticle 16 of the aoning ordin~nce of the City of Virgini~ Be~ch, Virgini:l, the The bo~rd Board ch:lirm~n chairperson may require of the peraon reaponaible for c~rrying out the proviaiona of the permit ouch monitoring ~nd reporto permittee implement and monitoring they m~y a to :lO reporting procedures the chairperson believes are reasonably deemed necessary to ensure compliance with the provisions of the permit and this article. l.Ql with reopect to ~ny reported ~ctivity not ~uthoriaed by the :lforementioned ch~pter or ~rticle or with reüpect to the ~iol~tion of ~ny permit iü3ued pursu~nt thereto, they The Board chairperson may direct require such on-site inspections as âfe deemed he or she believes are reasonably necessary to determine whether the measures required by the permit are being properly performed, or whether the provisions of the ~forementioned ch~pter EÆ this article are being violated. Prior to conducting such inspections, notice shall be provided by the chairperson to the resident occupier reoident operator.L. 6uch owner, or owner, occupier or oper~tor who shall be given an opportunity to accompany the site inspector. If it is determined that there is a failure to comply with the permit, the bo~rd Board ch~irm~n chairperson shall serve notice upon the peroon who i3 reoponoible for c~rrying out 12 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 the provioiona of the permit permittee at the address specified Ðy ft4m in his or her application or by delivery at the site of the permitted activities to the person supervising ouch the activities and designated in the permit to receive ouch the notice. Such The notice shall oet forth describe the measures needed for compliance and the time within which such these measures shall be completed. Upon f~ilure Failure of ouch the person to comply within the specified period, he m~y be deemed to be in constitutes a violation of this section conviction oubject to the ohûll be ~nd upon pen~ltiea provided in thio ~rticle. -fÐ)- l£l Iaau~nce of atop work order. Upon receipt of a sworn complaint of a substantial violation of Title 62.1, Ch~pter 2.2 of the Code of Virgini~ or this article 16 of the zoning ordin~nce City ",,7irgini~ , from the Virgini~ Be~ch, of the of designated officer the bo~rd Board Board, of the enforcement ch~irm~n chairperson may, in conjunction with or subsequent to a notice to specified this in subsection fat 1..Q.l of comply as section, issue an order requiring all or part of the activities on the site to be stopped until the specified corrective measures have been taken. In the case of an activity not authorized by :£:he ~forementioncd ch~pter or this article, or where the alleged permit noncompliance is causing, or is in imminent danger of causing, significant harm to the coastal primary sand dunes protected by:£:he ~forcmcntioncd ch~pter or this article, ouch ~n the order may be issued without regard to whether the person has been issued a notice to specified this in subsection fat 1..Q.l of comply as section. otherwise, such ~n the order may be issued only after the permittee has failed to comply with 3uch ~ the notice to comply. The order shall be served in the same manner as a notice to comply, and shall remain in effect for a period of seven (7) days from the date of service pending application by the enforcing authority, permit permittee. resident occupier holder the or owner, or operator for appropriate relief to the circuit court of the City of Virgini~ Be~ch, Virgini~. Upon completion of corrective action, the order shall immediately be lifted. Nothing in this section 13 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 shall prevent the bo~rd Board ch~irm~n chairperson from taking any other action specified section 62.1 13.16 of in the Code of Virgini~ ~nd aection 1614 of this ~rticle ordinance. l.Q.l receipt complaint substantial of of Upon a a sworn violation of this article from a desiqnated enforcement officer. the Board that affected site be restored to may order the predevelopment conditions if the Board finds that restoration is necessary to recover lost resources or to prevent further damage to resources. The order shall specify the restoration necessary and establish a reasonable time for its completion. The order shall be jssueq on¡y after a pear¡ng w~h at ¡east tbjrty ~ays' no~ to the affected person of the hearing's time. place. purpose. and shall become effective immediately upon issuance by the Board. The Board shall require any scientific monitoring plan it believes is necessary to ensure the reestablishment of coastal successful ~rimarY sand dunes protected by this article and may require that a prepaid contract acceptable to the Board be in effect for the purpose of carrying out the scientific monitoring ~lan. The Board may also require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it securinq to the Commonwealth compliance with the conditions set forth in the restoration order. The circuit court. upon petition by the Board. may enforce any such restoration order by injunction. mandamus. or other appropriate required Failure remedy. to complete the restoration is a violation of this article. -fet 1.tl The duties of the bo~rd Board ch~irm~n chairperson prescribed in this section may be delegated to their reopective his or her designees; however, ouch reapective such designees shall not be those persona who ~re ~lao designated as enforcement officers. section 1616. violations: requlatioDs. penalty of orders, rules aDd Any person who knowingly, intentionally, or negligently ~ continu~lly violates or regulation order, rule of the any commission or of the wetl~nda bo~rd Wetlands Board. or viol~tea any provision of Title 62.1, Ch~pter 2.2 , of the Code of Virgini~ or 14 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 this article of the zoning ordin~nce of the city of Virginia Beach, Virgini~, or any provision of a permit granted by the wetl~nds bo~rd or the commiooion pursuant to Title 62.1, Ch~pter 2.2, Chapter 14 of Title 28.2 of the Code of Virginia or this article ~ the zoning ordin~nce of the City of Virgini~ Be~ch, Virginia, ûh~ll he is guilty of a Class 1 misdemeanor. Following a conviction, every day the violation continues ûh~ll be deemed constitutes a separate offense. section 1617. Injunctions. In addition notwithCJt~nding in of the lieu not and to provisions 6ection of Virgini~ ~nd of 62.1 13.27 of the Code sections 1613, 1614, 1615 and 1616 of this article, upon petition of the wetl~ndo bo~rd Wetlands Board to the circuit court of the city of Virgini~ Be~ch, the court may enjoin such an act which is unlawful ~ under the provisions of this article and may order the peraon ao ~cting unl~wfully defendant to take ouch any steps ao ~re necessary to restore, protect~ and preserve the co~at~l prim~ry s~nd dunes or beaches involved. section 1618. Exemptions. (a) Nothing in this article shall affect any project or development (i) for which a valid building permit or final site plan approval h~a been was issued prior to July 1, 1980; ef (ii) which, required such project, if building permit is for no including a locally approved mining operation, h~s been otherwiae was commenced prior to July 1,1980, and certified as exempt by the commission or the wetl~nds bo~rd Wetlands Board; or (iii) approved by the city council of City of Virgini~ Be~ch pursuant to Ordinance No. 931 which was the coastline management ordinance in effect from March 26, 1979 to July 1, 1980. Nothing in this section oh~ll be deemed to excludes from regulation any activity which expands or enlarges upon a project already in existence or under construction. (b) The Virgini~ Be~ch Wetl~nds Board shall make an ongoing determination in the Sandbridge Beach subdivision of the area bounded on the north by Dam Neck Naval Base, on the west by 15 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 Sandfiddler Road, and on the south by White Cap Lane, to determine which structures or properties are in clear and imminent danger from erosion and storm damage due to severe wave action or storm surge. The owners of structures or properties so defined shall not be prohibited from erecting and maintaining protective bulkheads or other equivalent improvements size and of a type, structural configuration approved by the Virginia Beaoh Wetlanda Board. The Virginia impose arbitrary or not Board shall Wetlanda Beach unreasonable conditions upon its approval of any such bulkhead or other structural improvement maintain continuing shall but a responsibility structural bulkhead that each to or ensure improvement constructed under the authority of this section is maintained in a condition which is safe, structurally sound, and otherwise in conformity with the reasonable conditions imposed by the wetlanda board Wetlands Board. At the time the application is submitted, the applicant shall consent in writing to any subsequent construction which may occur whereby an adjacent property owner desires to tie in a bulkhead at no additional cost with that bulkhead applicant. Such consent shall be proposed by the considered a waiver of property line defenses relating to the bulkhead line. section 1619. civil oenalties; civil charges. .@l without limiting the remedies which may be obtained under this article. any person who violates any ~rovision of this article or who violates fails. or neglects. refuses to obey any or commission or Board notice. requlation or permit order. rule. condition authorized by this article or Chapter 14 of Title 28.2 of the Code of Virginia shall. upon such finding by the circuit court. þe assesseq a ctYiJ pena¡ty not to exceeq $25.000 for eac~ay o{ violation. at the discretion of the Such civil penalties may. circuit court. be directed to be paid into the treasury of the city of Virqinia Beach for the purpose of abating environmental damage to or restoring dunes or beaches therein. in such a manner as the court may. bY order. direct. except that in the event the City of 16 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 Virqinia Beach or its aqent is the violator, the court shall direct the penalty to be paid into the state treasury. ßù. without limitinq the remedies which may be obtained under any provision of this article, this article, and with the consent of any person who has violated or who has violated or failed, neglected, or refused to obey any commission or Board order, rule, regulation, or permit condition authorized by this article or Chapter 14 of Title 28.2 of the Code of Virginia, the Board may the one-time payment for each violation provide, in an order issued by the Board against such person, for in civil charqes of spec~c sums, not to excee~O,OOO !or eacþ v~on. C :LYil o~his section. charges shall be in lieu of any appropriate civil penalty which C :LYil cou~be imposeq unqer suþsecgon @J charges may be in addition to the cost of any restoration ordered by the commission or Board. Adopted by the Council of the City of virginia Beach, Virginia 26 January 19 93 on the day of , CA-4897 \Ordin\proposed\45-1600ET.PRO R-4 1/27/93 17 - 33- ~ PUBUC HEARING ITEM # 36458 PLANNING - RECONSIDERATION Attorney R. J. Nutter, Corporation Drive, Phone: 671-6037, represented the applicant Attorney Jerry Mack Douglas, Jr., represented James E. Moore and distributed "Note on the Compromise Negotiations" which is hereby made a part of the record. The following spoke in OPPOSITION: Attorney R. E. Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented Dr. William Stallings Attorney Donald H Clark, Clark and Stant, represented Mr. and Mrs. Keith Cuthrell Captain Les Fenlon, 2224 Scallop Road, Phone: 481-2501, represented the Great Neck Association of Civic Leagues Richard J. Dietz, 1135 Five Point Road, Phone: 481-6718, represented self and InLynnview Civic League and presented petitions in OPPOSITION. A motion was made by Councilman Brazier, seconded by Councilman Clyburn to APPROVE, as conditioned, the application of JOHN H. TRANT for a Variance to Section 4.4(b) and 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John H. Trant. Property is located north of Little Lake Court. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Paul J. Lanteigne and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Robert K Dean*, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None *Verbal Nay January 26, 1993 - 34- Item IY-J.3.a. PUBliC HEARING ITEM #I 36459 PLANNING Letter of Attorney George F. Darden, Jr., requesting WITHDRAWAL of the application is hereby made a part of the record. Upon motion by Councilman Branch, seconded by Councilman Brazier, City Council ALLOWED WITHDRAWAL of the application of STOCKTON TYLER WATSON for the enlargement of a non- conforming use. Application of Stockton Tyler Watson for an enlargement of a non- conforming use at 5306-B Atlantic Avenue, containing 4051 square feet. VIRCli.VIA BEACt{ BOROUGlf 0 G . Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean January 26, 1993 - 35- Item IY-J.3.~ PUBliC HEARING ITEM 1# 36460 PLANNING Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant and presented 222 petitions in SUPPORT of the application. Albert H. Henley, 3112 Colchester, Phone: 426-6991 The following spoke in OPPOSITION: Barbara Henley, 3513 Charity Neck Road, Phone: 426- 7501, represented the adjoining property owners Judith Dockery, represented SA VB Sue Carlyle, 1425 Alanton Drive, Phone: 481-2538, represented the VIrginia Beach Audubon Society Nelson Velez, 1529 Millington Drive, Phone: 467-3254 Sheri Baart, 3445 West Neck Road, Phone: 721-5007 Marilyn Danner, 2601 West Landing Road, Phone: 426- 7390 Allen Kreger, 4469 Bennett Lane, Phone: 497-8473 Mark Yatrofsky, Post Office Box 3414, Phone: 627-0452, represented the Chesapeake Bay Group of the Sierra Club Richard W. Whittemore, 313 Pike Circle, Phone: 426-7245, represented the Back Bay Restoration Foundation Karla Marshall, 3654 Hill Breeze Road, Phone: 441- 2152 Terry Elliott, 3888 Dawley Road, Phone: 721-0291, represented self and Council of Civic Organziations Janis Walsh, 1529 Nanney's Creek Road Beatriz A. CoB ell, 2528 Hunting Horn Way, Phone: 468-6564, represented the Hunt Club Forest Civic Association Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City Council APPROVED the applications of MARGARET W. BOYKIN for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that lots created by subdivision must meet all requirements of the zoning ordinance and ADOPTED an Ordinance for a Conditional Use Permit: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Margaret W. Boykin. Said property is located at the southeast corner of Pleasant Ridge Road and Charity Neck Road. PUNGO BOROUGH. AND, ORDINANCE UPON APPliCATION OF MARGARET W. BOYKIN FOR A CONDITIONAL USE PERMIT FOR 12.. SINGLE FAMILY DWELLINGS IN THE AGRICULTURAL DISTRICT RO1931800 RO 163 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Margaret W. Boykin for a Conditional Use Permit for 12 single family dwellings in the Agricultural District on certain property located on the southeast corner of Pleasant Ridge Road and Charity Neck Road. Said parcel contains 34.5 acres. PUNGO BOROUGH. January 26, 1993 ~ - 36- PUBliC HEARING ITEM #I 36460 (Continued) PLANNING The following conditions shall be required: 1. A one foot no ingress/egress easement is required along Pleasant Ridge and Charity NeckRoads except at the necessary entrances on Pleasant Ridge road. 2. In lieu of a park reservation or dedication, the applicant shall make a cash contribution to the City to be set aside in a special fund for the purchase or improvements of a community park in the southern portion of the City. The amount of a cash contribution must be approved by City Council. 3. A 15-foot treed landscape buffer is required along Pleasant Ridge Rod. A treed landscape buffer along Charity Neck Road is required as shown on the submitted plan. 4. The proposed cul-de-sacs shall consist of a J!l-foot pavement section, grass swales and no curb or gutter. Notched curb will not be required. 5. This subdivision is approved for a total of 12. residential lots. (Not 17 as in the application and recommeded by the Planning Commission. ) 6. The entrances to this subdivision shall be developed with a landscaped median. 7. A 50 -foot buffer, as described in the Comprehensive Plan, shall be established along all property lines which adjoin an active agricultural operation and the required buffers must be planted prior to occupancy. 8. Erosion and sediment control measures must be noted and described for any land disturbance, exceeding 2500 square feet, on the site development plan. 9. The wooded portions of Lots currently descri~ as Num~ ~ shall be designated as "conservation areas" on the final plat. 1 O. The site development plans and recorded plats for Lots currently descri~ as Numbers 1.2J 6 an 11. shall include the following note: "the wooded portion of the lot is designated as a "conservation area". No development or removal of vegetation, except as may be necessary for the provision of footpaths and vistas, is allowed within the "conservation area." 11. Development shall be limited to two (2) lots per year. 12. The existing cemetery shall be landscaped and an access easement shall be provided. January 26, 1993 - 37- ~ PUBLIC HEARING ITEM # 36460 (Continued) PLANNING 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 Twenty-sixth of January. Nineteen unlir d an Nin - ree. Voting: 6-5 Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Paul J. Lanteigne, and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K Dean, Louis R Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None January 26, 1993 - 38- ~ PUBliC HEARING ITEM 1# 36461 PLANNING Letter of January 21, 1993 from Ken Peltier requesting WITHDRAWAL is hereby made apart of the record. Upon motion by Councilman Dean, City Council ALLOWED WITHDRAWAL of the Ordinance upon application of SPLAT ATTACK, INC./KEN PELTIER, PRESIDENT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SPLAT A1TAC~ INC./KEN PELTIER, PRESIDENT FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACIL/1Y Ordinance upon application of Splat Attack Inc./Ken Peltier, President for a ConditIonal Use Permit for a recreational facility of an outdoor nature (sport paintball) on property located on the east side of North Landing Road, 2640 feet more or less south of Indian River Road. Said parcel contains 25.2 acres. PRINCESS ANNE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and nce Mayor Wliliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Paul J. Lanteigne January 26, 1993 - 39- ~ PUBUC HEARING ITEM 1# 36461 PLANNING Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: THE PLANNING COUNCIL Roberl W. Clyburn Term of one year 4/1/93 thru 3/31/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 -40- ~ UNFINISHED BUSINESS ITEM # 36462 Councilman Lanteigne referenced concerns from Social Services. The City Council did not wish to give consideration to the Department of Social Services being assumed by the State. The City Manager advised he had informed Daniel Stone, Director of Social Services. The City Manager will schedule a Briefing relative the White Papers five-year forecast of FY Operating Budget. January 26, 1993 - 41 - ~ NEW BUSINESS ITEM # 36463 ADD-ON Councilman Baum referenced Sunday Hunting legisllJtion pending in the General Assembly. The City Manager will monitor and advise. ITEM # 36464 Councilman Baum referenced the North Ùlnding River which is a scenic waterway. It is proposed that North Landing River be declared exceptional. Councilman Baum expressed concern relative examination of construction and agricultural activities. The City Manager will prepare information for discussion. ITEM # 36465 Councilman Baum referenced the beavers and moving them. They are not native in this area. Although this idea may be well intentioned the staff should be aware this idea is not a very good one. January 26, 1993 - 42- ~ NEW BUSINESS ITEM 1# 36466 ADD-ON Councilman Dean referenced his trip Saturday with Maury Jackson, Lillie Gilbert and Ruby Arredondo in a 16-foot John Boat. They proceeded to clear passage on West Neck Creek from the Moose Lodge on Lynnhaven Parkway all the way down just this side of Princess Anne Road. South of Lake Placid, the group was accosted by four young men who warned them to leave the boat as they were on private property. Councilman Dean advised criteria must be established for all scenic waterways. January 26, 1993 - 43- ~ NEW BUSINESS ITEM # 36467 ADD-ON Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council AGREED TO ADD TO THE AGENDA: Resolution Declaring that a Local Emergency exists in the Sandbridge area. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 26, 1993 ~----- - - 44- ~ NEW BUS/NESS ITEM II 36468 ADD-ON Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution Declaring that a Local Emergency exists in the Sandbridge area. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood o. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay.. None Council Members Absent: None January 26, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Councilman Paul J. Lanteigne 1 2 3 4 A RESOLUTION DECLARING THAT A LOCAL EMERGENCY EXISTS IN THE SANDBRIDGE AREA 5 WHEREAS, the Sandbridge sustained community has 6 considerable damage from the "northeaster" storms that have ravaged 7 the Virginia Beach coast for many years; 8 these have a produced "northeaster" storms WHEREAS, 9 tremendous amount of erosion of the beaches at Sandbridge; WHEREAS, this erosion has led to periodic over-wash of salt water from the ocean into Back Bay; WHEREAS, this public over-wash has threatened infrastructure, caused septic tank systems to be damaged even when they are a considerable distance from the ocean, and also created possible problems for the health of Back Bay through the intrusion of salt water; WHEREAS, due to the significant loss of sand, the beach system is completely unprotected from the inevitable fury of future storms; WHEREAS, the storms experienced in the first three weeks of 1993 have taken an additional toll on the already ravaged beach at Sandbridge; WHEREAS, by Resolution adopted November 26, 1991, City Council Virginia the requested to declare the Governor of Sandbridge area a disaster area; WHEREAS, in response to the City's request, Governor Wilder wrote to the Norfolk District of the U.S. Army Corps of Engineers requesting assistance in (the "Corps" ) the Corps' addressing the situation in Sandbridge and encouraging the Corps "to proceed with a detailed evaluation of the Sandbridge area to identify an appropriate course of action"; WHEREAS, pending the provision of such assistance by the Corps, storms continue ravage to the beach system at severe 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Sandbridge, causing to public erosion, further damage infrastructure, and private property, and problems for the health of Back Bay; and WHEREAS, because of this continuing storm damage, any further delay in the provision of such assistance will be extremely detrimental to future attempts at beach nourishment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby declares that due to severe, unabated and continuing (1) beach erosion, (2) damage to public infrastructure and private property, and (3) damage to the delicate ecosystem of Back Bay, a local emergency exists in the Sandbridge area. BE IT FURTHER RESOLVED: That the Governor of Virginia is hereby requested to declare that a state of emergency exists in the Sandbridge area, and to request emergency assistance from the U.s. Army Corps of Engineers. BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit a certified copy of this Resolution to the Office of the Governor, to Congressman Owen B. Pickett, to each of the members of the City's local delegation to the General Assembly, and to the Norfolk District of the U.s. Army Corps of Engineers. Adopted by the Council of the City of Virginia Beach, Virginia, on the January , 1993. day of 26 CA-5000 ORDIN\NONCODE\SANDBRID.RES R-2 PREPARED: 01/26/93 2 - 45- ~ NEW BUSINESS ITEM 1# 36469 ADD-ON A MOTION was made by Councilman Moss, seconded by Councilman Brazier to ADD TO THE AGENDA: Resolution expressing City Council's Opposition to Senate Bill No. 251 Pertaining to Condemnotion of Property for Economic Development. Voting: 7 -4 (MOTION LOST FOR LACK OF 2/3 VOTE) Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: John A. Baum, Linwood O. Branch, Louis R. Jones and VIce Mayor William D. Sessoms, Jr. . Council Members Absent: None January 26, 1993 -46- ~ NEW BUSINESS ITEM' 36470 ADD-ON The TGIF Ordinance will be SCHEDULED for the City Council Session of February 2, 1993 ITEM # 36471 A document will be drafted for the February 2, 1993, Formal Session re House Joint Resolution requesting the Department of Health to study the feasibility and appropriateness of expanding current required screening tests for newborns to include testing for certain metaboüc and other disorders. January 26, 1993 - 47- ~ ADJOURNMENT ITEM II 36472 Mayor Oberndorf DECLARED the MEETING of the Vlrginia Beach City Council ADJOURNED at 11 :50 P.M. -~ - t2,- ~ - - - - - - -- Beverly O. Hooks, CMC Chief Deputy City Clerk ------- ------------------------ Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Obemdorf Mayor City of Vlrginia Beach Vlrginia January 26, 1993 ------ Cit:,:y- e>f Virgi:r1ia Beach LESLIE L LILLEY CITY ATTORNEY MUNICIPAL CENTER VIRGINIA BEACH VA 23456-9004 (804) 427 4531 FAX (804) 426 5687 In Reply Refer To Our File No. CA-4974 January 21, 1993 The Honorable Meyera E. Oberndorf, Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Marine Spill Response Corporation Dear Mayor Oberndorf & Members of Council: I am attaching the application of Marine Spill Response Corporation (MSRC) for legislation supporting its designation of tax exemption from real and personal taxation. Directing your attention to item #4, that item has been left blank because there is no equipment presently in Virginia Beach. However, MSRC has submitted information to the Commissioner of the Revenue listing the equipment and vessels expected to be located in the City of Virginia Beach in order that an estimate of potential impact could be compiled. The Commissioner of the Revenue estimates that the tax on the personal property of the Marine Spill Response Corporation should be no more than $49,981.00 for equipment and $236,925.00 for its response vessel and other boats in the first year. MSRC does not plan to own real estate in Virginia Beach. Please call me if I can be of further assistance. Very truly yours, cf~õZ~ Leslie L. Lilley / ~ City Attorney LLL/ sbk Attachment . APPLI CAT! ON TO CITY OF VIRGINIA BEACH FOR EXEMPTION FROM PERSONAL AND REAL PROPERTY TAXATION Appl~cants: P~ease f:11 out ~~s f~~ and subm1t same to' ~~e C~ty Manager, ~~c:?al Canter, V1:g1n1a Beacb, V~rg~~a 2145ó. In any ~tance where add1t:onal space ~s needed to complete your answer to a part~cular quest~on, please ut~l~ze a separate sheet of paper and at~~~ 1t to ~~~s app hC3.t~on. For~al Name 0= C~r;crat~=~/Or;anization: '1ari ne f-r,; 11 Re~D()nSe Cornoratl on (rt~I~RCrt) Address: 1350 I Gtreet, ~'.t7., Dui te 30n Pashinaton, DC 7.0nn5 Telephcne N~~~e=: (202) ¿10!1-57'H) 1. Is t~e Organ~=~t~c~ c~a=~e=ed or i~cor;cra~e¿ u~ce= t~e :~~s c= t~e Cc~üo~wea_~~~ c~ v.~-~-;~~ . - - --':"'.._'""'. Po 2 . Fer wtat pu=~ese ~s t~e ç==~p cha=~ere¿? See 1\ttachrlent I 3. Desc=~~e i~ èeta~l a~è s~ecifv t~e location 0= a:: rea: a~~ - .. persc~a: prope=ty fer wh~c~ exemption is sought. :1~RC àoes not OT/Tn or antlci~ate o\,rninq anv real DrO'P"'\~!:"t" ln the Ci ty of Vi rgl ni a Beach. - ~1SRC does not own an~r !?er8on!1.1 "ìrO"ìert)' whi ch i s currently located i n Vi ra; n; a Beach. Shoulr '~~rc decl de to locùte In Virglnia Eeach, ^ttachnent II llsts t:~e e~U1P~ent \vhl ch , t expects to locate Hi thi n the C; tv. 4. List the present tax assessment of each pa==el propert7 for wh~ch th.:..s exemption is sought: !'Ione 0,':: -o::li - - --- Parcel Desc=~ption: Parcel Description: Assessed Value: Assessed Value: Land: $ Land: s I:nprcvements: $ Improvements: $ Total Assessed Value: $ Total Assessed Value: $ 5 . List the present tax property f~r wh~ch t~e assessment, by ta~ b~:l, exemp~ion ~S sought. c= -e----.=tl ::" -~'-'--=- No equipment is currently located in Vir~1nla therefore, there is no existing asseS~Ment. r..eacl1 and, 6. F . ~~o -~:' ~r~-....e_--_7 C~~----~.~_-_:7 ~~._- L~=~~ or wna~ pu=;c:se ':5 1...:_- - --- ~ -. - - - --_..~ ---. If t::ere a=e set¡e==..2. tj~ZS c= t:se f::= a s.:::;_e ~ê.=::e~, . d' . .....; --~:s ..._~ -...~~--~- --- - --- ~n ~ca~; sucn usages ~- c,--- c= -----_u-:..:: -u- ----- lcc.:!tl.::r:s. ~J/A a. """-O~ -'-'-- =..::y c~::e= ~-c.--'l-~"-- --- - --_Co_, a.'sS\:C':.=.-:"::::: --------:---- --- ::--- - ---.- \: C:::":::j- c:: l:.se a::j" ~a.=-:. ,-.- .....- --"=\ '---- ;::~:-:':3~S - - ----- ---- ------- - - - --- ~~.:=:: exe~;~.:=:: , - -.::I s\:~ç::-:? -.:: .:. -";..;:;. , -- ..- - - ~ - -:: . -- -----. b. Is è. :: -.I l.::c::::¡e ¿e=:.-.re¿ - ::=::m -""0 1....-- use c= a::-.z ;c=-:.::: ¡: c = ....... 0 1...--- ...-~: - ---- t:=:Jt:e=~7 - - - =7 --""0"'- 1....1...-.-- --,..;~.--...:.,-~- -..--- ,-_......;.-.;:; c:: ;::-::---::s, ""'0--.0""- ;'W -..... -.--- .-..-_--,..:.o"'-~~ ...........-.;:;--....- --- as -~?"I- - --- ... ..- - '-' - ::el.~.:::Jt:=se:::e::-:. -....- -....- ::ecessa=7 ex~enses ::,.......- se::?:.ces .:.::c'...:.==e¿? -.::: 't.~s .:. - , ç:,,'¡e --- all è.e-=a..:2.s. 7. W~" L -----_...: --...----- ...- --.=-~ :-_-..0.... -~::_--::"c....~,::. ::"",.,.. -~~, - - -~::-::-_...Z-~-_~I .;:;---- - -- - .-- ....- - --:;:-- - '-- ::-'-- ----=-- which t~e pr~~e=~y ~s ~e.:::ç used a::c. whe~~e= .:~c::rne ~s derived from t~e use or any such p=\:;e=~y by i~¿~v:.¿uals, r t"'--".¡~ se -,'= S""l g_"t ..,"e a~ 1 c.-o-:;' S groups 0 0 :.:.::::..:... . -- \oJ I -- ....1...----. The equipment wl11 be used ~or oi operatlons, tralninq and drills. cl i ents \vi 11 be used to part 1 all" costs. 1 spill Income defray response and related der 1 ved DV !-1SRC from its annual oneratinq 2 lO . 12. 8. Is t~e or;an~=a~~=n exem;~ ~==~ taxa:~cn p~=s~a=: := Sec~~=~ SOl(c) of t~e =~~==~a: R~ve~ue C=èe 0= 1954? := S~, a~~ac~ docurnentatJ..on. Yes, see ~ttachment 1:1. a -' . Has t~e ABC Sca=e: issued a cur=e:1~ a!'l~t:.al alc=::c:' 1:eve==.ge l~ce~se fe= t~e serv~ce of alc=hcl beverages =c= ~se c~ t~e ~r=per~y f==m which tax exempt~on is here sough=? I1/A Is any è~rec~=r or o==~ce= 0= the age~c7 pa~è c=~;e~sa=~=~ i~ excess c= a reasc~ab:e a:lcwance =~= sa~a=~=s c= c~~e= c=mpez:sat~or.? ì-1o 11. Dces any part c= t~e ea=~~~;s, exclu.s~ve c= sa:~=~es, of t t.""'1e" - 0.: - -..... - such c=;a:l.:=a .:cn ~!1ure -c= - l:e!:.e=_... .... Co...: _::¿-','~=.:.:al: I= se, lis~ what po=~.:cn a::¿ to wtc~ f== eac~ c= ~~e fast t~ree vears. .. !10 What portion of the service provi¿eè by suc~ crga~.:za~~=n ~s generateà by fu!'lds receive¿ from èonat~cns, c=n~=~~u~~cr.s, or local, state, or federal gran~s? Donations s~a:l i~c~~èe the providi~g o£ personal services or the con~=~=t:.~.:cn of any ~n-kind or other mater~al serv.:ces. Currentl" l()n~ of ~~~::;'C IS Ci=\n1 tal ènò OTì~rat1 nn e::")en8C~ arc funderì. Jjv qrant~ froM the r1a.r1ne ~re~ervat1on ì\==~oc'?t'on (~,.r'-7'), ël tcJ.x-e=-:er.nt 501 (c) ([;) arCTan; Zélt10:1 1 D h'~' ell npt~olL::U:"" :'JrorlUCt1nn, di~tr1but10n and tran~portat1on co~nan1es are ~e~¡)e~~. Cont1nued aS~1 stance 1 s exnected. '"'hen '1~'T"'..C COIT1mences 01 1 ~n1 11 r~~T)on~c serV1 ces, the cost~ and exnense8 assoc 1 a ted Tv1 th an'! ~:) 1 11 T'1 11 be ]Ja 1 d b~/ the ent 1 tv re~ron~ 11)le :or the cT"'lll vlh 1 ch hël~ contracted \"1 th "1~PC for such ~erVl cc3 or, l.ç the ~Tì' 11er ; c un1rno,.1n, bu the u.~. COël~t ~uard. MS~C doe~ not ~olicit funòs f~OM t~~ aen~ral publlc and none of lts annual operatln~ income l~ contributed b:' local, state or federal ,:overnment. 15 . 16. 17. 13. Dces t~e c=;a~~=at~on p=cvièe se=7~=es === t~e C=~~C~ ç=~¿ of t~e pub:~c? I= so, explai~ ~~ ¿e~a~: ~~c:~¿~~q ~~ y=~= ex?lana~~c~ a l~sting of the services p==v~¿e¿, t~e c=s~ c: t~e se=v~ces to t~e rec~pie~t or met~cè c: èe~:~:~1~~Ç c=s~ == t~e serv~ces to the rec~p~ent, a~è any ct~e= ¿e~~~:s y=~ c.~ .0.... .0- .m ..... .0 .... - .., .... 0 ... ... .IL :- - - '--..--.'" . :'v1SRC 1~ a ~ubllc "7elfare orC1ani~éltlon cl.n~ t:;.(? ~ll C::"l~2. V-f?~'}r!'"'~e serVlces It will provlde benefit the publlC b" ~~c::,=~.~~ ~~ Ml nlml ze the damages resultl nq froI"': larcre 011 =""'1 ll.::::.. "-':::""'C" ~ , '1 the proces~ of finallzinq the òe~crlptlon of :lnd r.J.t~~ -,",yo c::r",~P1CC'~ it wl11 provide once fully operatlonal. 14. ...' ~.:le ac::i.v~-:.:es --- -----.---.-- -..-;;:: -- '::'--.._-..;;. ---.. ~~~at ---- ,~ -n~r 0; 0.1... ~c:._..., -- c:. -' J.. i~vclves ca=~£~ng on i~=lue~ce leg~slation? A small percentage of f1SRC's activities are a~soclated \'Jlth ~onltorlnq and/or influenclnq leQ1Slatlon ~and regulations which effect the operations of oil spill response and recovery, e.g. responder immunity, and the m~nning of ~p~ll response vessels. ,...- "-'- propaganda, c= c~~e=N~se a~~Z~~~3 ~= ---s _0..,.0 Cr""-"'~ ---~ -- eve- .r-..c=. \-...... - :=c=.....__c. '--""". - pa=t:~c~:;:a':ec. ':'::, ------- --..... -- --..------=- --, C.... ._....~_..~-o,..; .- a-~~ -c-~~.'-::I' C:-....-.-- -- -..:1- -;; ....;: ---- - -.....-- v.......-- .... ....,-t .t-' -- --""""- -, ::-c.--::.. -.- --..'='-- ""'- =---~ C ::I 'I"" C. - ...; - .. ~ ; -. ..,.. '"'"'1 . ~ ~ ~ 0" C .:. .::: ~ - 0 ? '7" ; ... .... 0 ::I ... S '.~o ~ - -" _::: "_: ~- S, ..., - - -:::I -.. --Co_- --....:- --'- ----_. .....- \-..- <;;... ....- ::--==...:::- ~-""""'-~--~:-::'- ;:::'-"," C:~';:::,-'~""'~r- """';-'-"""a~"'on vcu C.eQ_.r:1 .--_""""_e_c::_-:::_.:::_--,-. ~ ,,- -...;:: --""---.;:: -".':7 ..1....- _....h --... - - - ~-o S""" t... .... I .. roc.,1--........... -,....~._..- ~a \-e ..oLe c=gan.:.=a \-.lcn s ru~e, - - .._;::....- -u, :"" -- -,; , c= pract~ce co~ce=~i.~g è~sc=.:~~nation on t~e =as.:.s c= =:~.:.ç~cus conv"'---""""" r::lco C",,'or' sev or ,..,atu-a' Cr---- -----...., ... -, ....- -, ..... ... - - --'::-... See ~ttachment IV. List the name, ~us~~ess address anå busi~ess ~elep~c~e c= the pres~èent and sec=eta=y of the corpe=at~on/crgan.:=a~~=n as well as the manaç;~~g officer. MsnCI~ Pre~1dent l~ the nanaqlncr officer of the cor""'cr~t'on. Pres 1 dent and Secretary of i1SP.C are: John D. Cof".tello, Ipres i dent Jo~enh ;. Lees, 3ecretarv 1350 J ~tLeet, N.T:., Suite Jf)f'I \\::lShl nClton, DC 2f)('\O5 ( 2 0 :2 ) ,1 f) 1 5 7 () f) 4 ~he 13. !:1 ~::===:na-=.:.cr.: (c) ( ¿) (e) T"'" ....:. s whose a.ëè.:.-:..:.o~ ~. I..::e a.=cve, -~o-se r--::' ---v~èe ã."'o ;:.-- ~ - .....- ~_.~'-W'--- ..---- -...-::- -- I....... (a.) A c:c~y c= the cr;a~~zat~on's most re~e~t a~¿.:.-=e¿ '::._-""C:-~' S--"°!Tler"ã. (~ e C"~-.o"". ba'=""""o s.."",.c._o_-- --,..: ....I....c:..... -~- I..c:...._. ....... -.., ----...1.. --........... c:......... ~::c=me ex:;::e!:se s~a~eme::-: ~-- -~e C----'---'-""'s 1...... - =:c:...__c.. ---.. a::=. -....- las-: '::~s--~ -e-.""c.-) -- ......::.- ::" --- . See 1.. t tachnent \7 ( .... , ...,J A ¿e~a.:.:e~ l.:.st':':lç c~ t~e c:u==ent sala=ies a~¿!c= c~~e= c=mpe!:sa-=.:.=r. c= t~e o==~ce=s a~è ¿.:.=e=~crs cf t~e c=ga~.:.za~.:.=~. !~ a¿è~t~cn, please spec.:.=y as t= eac:~ c==.:.=er c= ¿.:.=:=~~r so l~s~e¿, the bas.:.s c~ t~e l.:.ste¿ sa:a=? cr ccm;ensa~.:.on (.:..e., a~nually, ;er rnee~~~ç, ~~~=ly, cc~m.:.ss.:.cn, etc.) See ^ttac~ent VI List t~e sala~J ranges classi=ica~ion and l~st of the each emplcyee pcsi~icn . f.....,. - n~er c =u~_-t.:.me a~c ?"--- -"-0 e~-""'--ccs :.... e-c;.. S"c"" C'-ss"¡':::c---""'n .....c.__-..._.1.- .11""'__'_- -... :.... w..... _Co ...-- .::.---....... .. - - See Attachment VII S;ec.:.=y ~::a~ ;e==e!:~açe cf c=;a~.:.=a~.:.=:: was re~u.:.=ec to c= ~...- 1..-..: ç;--c::s -....- pa:t ~:1c=I7'.e rea: a::è pe=s::r.a: t:===e=~-' taxes - - - === eac:: 0:: t::e 1=S. t'l..,~.cU::l --.o=""s -- I.. ....- -- :t --- . See Àttachment VII ':"-,,-.--.., ~- C'c---. T.~"'.- -;...,e C-...- C_"""..-..c:_-_i c_; ~."-;o- C_-"--_J- c_.:: -""':--::'-.- -.- - -.::._- n....; 1..-.. -"'.1 '- - - . V:_~-..,-- ~e-c'" ~-c,.~~ -o'--~~e~c- to ~..~..e Ge-c--1 Asse~~~" --::-..._~ - .;:. ... -..- '--- ____.1.... -. - - ...--::.- .u...._.; c= V.:.=;.:.::.:.~ t::a-= t~.:.s c=;a~.:.zat~=n shc~:= be e~em~~ ~==~ real a=è ~e=sc~a: ta;{a~.:.== ~= t~e C~~y c£ v.:.=;~~.:.a Eeac~. ?leasê ~::c:~¿e ~n ycu= ex;la~aticn, t~e se_~~~_~ca_s P""""v-~Q~ ~~- "-0 C""--~~~a-;on v....... -1....-- ....:t 1.....- - ,=,c.....-- 1..- . See Attachment VIII fcr~ was ~=eDa=e¿ =v .. - - Judith A. Kearse , ~;~_ic- w_:~..~ ~I.._~.e C-- -.- C~ -s -..0.- -... --=-ë...__.:.-:':' ... ..I. Government Affairs Specialist -;. r 0 );1Cl'~ - 1.;"3 (Signature) 5 . "'R'- "" "N- -" ""'- "'N '-' 0,,: n.L ~ to. 4"'\ - ~ '-' Marine Spill Response Corporation By: Name _G. Stephen Duca T':-1o -~-- Vi Affairs D¿~= --1anuarv ~ WASHINGTON, D.C. to-wit: G. Stephen Duca =e:':lg duly s..ycr~, èe;oses External .(-1'"- ~ .- 1 ,::)) C.:: 1JC'tS- ~-- - and sa~rs t~a ~ he / she is tl'le Vice Pre i tl1e Marine Spill Response Corporation (].,egal name c:: C,.7~e~s~:- ~r~-~:---.-n\ ~_.~~e_- -~-~. t~e ..----- e~-'-'e~ --'C1:.---~~-. ,.,.. - ..-:- w :rc:...__c::'._-- I J......oU .. I't__.._.~ ..~-~.. - c::'.:,- -_....;:.~-"".., -.,.,-~ \..e h-s I......c::'. -... c::'. rea,¿ t~e f c==ç::.:..::ç ~::= ::r:::a~.:..:::: snee't an¿ k.."1CwS t..::e c::::~;n~s t~e~eo=; a~è. ~~a~ ~~e s~~e ':"5 t=~e t.= h.:..s Cw~ k~cwle¿;e e:-:c e~-:. as .. - ~"'" t~e rna~~e~s ....----- ......;- =-.. c::-:-.=.": - ...- ...-- """, ~.... :e .:'1occr ------- ,,--- -:-""'.. i~=~rmat~c~ an¿ te:~e=, a~¿ as t.= t~cse ma~~e=s he ~el~eves ~~ ~= be true. / /' ")¡ ..... " " '--" 0./ ;/~/ / - (S~;~at.ure of Cf£~cer) of Sü.l::scribed 9d'J~- and swor~ to be=ore me this ~7{ day , 19 Cj 3 . <:lJf tUk2«" hI" ¿~ ¡ Notary P~l~c My Commission Expires ? /3/ /c¡r: . ATTACHMENT I As set forth in its charter, a copy of which is attached, MSRC is organized exclusively to provide a best-effort response to the clean-up of major oil spills in u.s. coastal and tidal waters that are beyond the capacity of local response capabilities. Each of MSRC's five regional response centers (and its associated prepositioned equipment sites within the region) will have a variety of resources: response vessels, various types of booms and skimmers, highly trained personnel, information systems, etc. MERC is being designed primarily to deal with major spills but will respond to certain smaller spills when they are beyond the capability of the local spill response infrastructure. MSRC is designed to complement the existing oil- spill cooperatives and subcontractors throughout the nation. MSRC administers a research and development program to improve the knowledge and technology used to respond to and clean up oil spills. This program complements other programs in government, academia and industry. Because even the best existing containment and cleanup technology is inadequate to the tasks, MSRC's research program will be a key element in attempting to improve future response to oil spills. MSRC studies will include those on preventing loss of oil from ships, on-water oil recovery and treatment, preventing and mitigating shoreline impacts, effects of spilled crude oil and products, mitigating impact on wildlife, and health and safety. In connection with its work, MERC is developing a computer assisted spill management system designed to improve the way major spills are fought in the future. The system is being designed to better organize and make quickly available the huge amounts of information decision makers must have. Such system elements as Spill Tracking, Resources at Risk and Logistics Management describe some of the kinds of information that will be available to facilitate decision making at the scene of a spill. shfOO26 . . , ., f. -..' . . . . i , ! . \ , & '- ~~.,; 0 . .1. 1 ~ ..; ..;. . :. '1. oJ. '~J. !ŒŒ1VED ST.\Tt Cf. ŒHJ.æSSŒ ESO ..1130 II Ð 51 or ! R Y'\ tl T Ii. 't l SAP ÛCUI DB SPI LI. USPO8S Z CO UOU 'f'I DB srCRETARY Of SL\~ cø111(T~ ." ~. unðen1qned natural penODa o..r the aCJ. of 18, actituJ .. 1DCorporatora of a corporadoft UDder the -renne.... 8Onprof1t CorporatioD Act, 40 ber.by adopt the follow1DC) Charter for auch cozporaUoD: Aa'f'I CL3 I 'Ibe na.e Corpora ~1 OD. of the Corporation 1a Marine Spill It.. pOM. ~CL3 II . 'rhe Corporation 1. . 8utual benefit corporation orqanized .xclua1vely to promote the welfare of the public by ait1qating envl~nm.ntal dallage to the coa.tal and certain up.trea. vaters of tbe Continental United State., Hawaii, Ala.ka, Puerto Rico and the Virgin ¡.landu tbrou9b: (a) the ..tablishment of a progralll to render it. .fforta to contain and cleanup -- (i) cataatrophic and other oil apilla 1n coa.tal zone or tidal vater a of the Unitcsd Stat.. (including in particular open ..a ap1lla e.t1mated to be in excel. of 25,000 barrola and protoctod water ap111. ..ti:ated to be in .xce.. of 40,000 barrel a); beat (11) any oil spill 1ft o. S. coa.tal zone and tidal vatG~ judq~d by the O.S. Coa.t Guard to be in excels of the local oil .p1ll re.ponae capaÞ111ty; (11 i) any ap111 of a cargo of a ve..el traversing inland U. S. waten up.tream fro. a river mouth on 1 t:l way to or frail an upøtrea. facility, provided the cargo of the vo..el would otherwi.. be (or have been) on its way to or from aD up.tream facility o~ a voyage that o1ther took or would have taken it into the open .ea, coA.tal zone or tidal vat era of the U~t.d State., ~nd providød the .pill i. judged by the D.S. Coa.t Guard to be in exc... of th. local oil .pill re.ponse capability; and (1v) any other Bpil} where tn. corporat~oD 18 retained by the Coast Guard and directed to re.pond; . )~o;\,.-:: ~~~~ ::-~_:-':~~--'~,jL~~~:~ . ". . . . . ~ :L : :: ¡. ~ ¡.; I J .1. '1. . ~ 5'Ari~~~"elOpN8Dt aDd aa1DteD&Dc. of a coçrebeD8i"e data b~pk.w~fc,Oi1 api11 r.apon.. r..ource. and related œa J1l1A'1o~1'è!1: th8 carrying out of traininCJ aDd r8'9'1ev of loe~S~h11it18. to belp ...ure th.ir readine.., 8RY~NT M.l. T1.T~ [.:.:: i ~ 'O~() SEt^EW1 G:.Ihå -1'~8nt1ficat1oD aDd _naCJ8..nt of .elected oil .p111 %88.arch project.; and (4) ~e 401nq of .ucb other thinCJ. .. "Y be Dece..ary to .ch1e~. the tOr8CJO1DCJ. &ft'I CLZ I I I ~he street addre.. of the pr1nc1~al office of the Coz:porat1oD 1. 1220 L Str.et. H.W., Su.1te 612. .a.tUnq~on. D. C. 2000S ~e initial reqi.tered office of the Corpora~1on 1. 530 Cay St:~.t. Xnoxv1l1., Ãnox County, Tenn...ee, 37902. 3nd the Dame ot it2 initial regiatered agent at such addr... 1. C T Corpora~1on SYlltØIL U'l'I CLB IV The DaDeS and re.idence. of the three persona who .hall aerve a. the initial Board of Directors and until thelr øucco..o~ ara duly ol.ctod and qualified are a. follows: !ta~(I! 1\dd~~9B John D. Coøtøllo Alan D. Dreed 1220 L Str8et, H.W. Suite 612 Wa.hington, D.C. 20005 1220 L Stroot, N.W. S\11t8 612 Wa.hin9tcn. D.C. 20005 1220 L Str.et, N.~ Suito 612 Wa.hin9ton, D.C. 20005 ~e initial Board of Diractora Dball ..rve until ouch time .. . full nine (9) peraon Board of Director. is elected pu~uant to ~icl. VIII hereof. Stophen F. Sa1ne lUr%'I CLX V ~e Corporation shall bave DO .eabera. -2- . . . "f.'o::,:-!1,;.~,::~",..:,~~,~~,~...~.-ry::;'.;..~.<.t~.-?-J...~".c-.~~~;"""";"'~"""""":-:"""~"'~"'--~~""::'¡'¿;';"'-~"<';":-""':;:'-":-:~ '..--;...~,..-:.. :.. -~ :,~-".:-_:-..-:'. ~:-:'.:' .1. : : t ~ ~~ a:' I. 1..' to . ~~ S't~ T£ OF TDmtS!!! ~ JI. 30 II 0' 51 El\y~ifP~la..~"~~ of the stC~TARY Of StAt[ ~ c.:: VI r t 1 11 ! CorporDtio::8. duration 1. perp.wt-.iHt).. l' .", - - ) . t , ( 1 1\ ~ c:.:& VI % , + t A. ':he Corporation 1. DOt ~or prof! t. Ho pan of the net .arn1Dq8 of the Corp~ratiOD .hall inure to the ~nefit of. or be 41atr1buteð 1:0. 11:8 41recton. officea. or other priyate penona, except 1:hat 1:he Corporation .ball be authorized and ..powered to pay rea.onable co.~.ft.Sation for ..rvic.. rend.red and to _ke payaent8 and d1.tri~ut10D8 in furth.rance of tbe p~rpo.e8 .et forth herein. B. fte Corporation ahall DOt have th. power to engage in Any Activiti... except to an i~ubct.nt1al d.gree. that are not in furtherance of the purpo... .et torth in Article II above. , ~ ~ c , f ~ ¡ ~ .. ) ~. 1 ... J f ~ ! C. ~he CorporAtion .hall Dot ro.~ond to any apill Q.ti=atcad to be in exc... of 1.200 t)arrel. unl... the Un1ted State. Coaat Guard ha. exerci.ed ita authority to coordinate .nd diroct or to federalize the apill aDd the Corporation has been aati=-!i.d that ita co.ta will be reimbura.d by prearraDq..ent with either (1) a .ember of the Marine pre..rvation Aa80ciat1on. an Arizona corporation (the 8Aa.ociat1on8). or (2) the U.S. Coast Guard. 1 D. ~h. Corporation shall nut participate in the develop.ant or :1pproval of oil apill cleanup contingency plans for the vQ..ela or faciliti.. of any ovner or cla.. ot owners. E. ~he Corporation ahall aaintmin .tanding a. . quAlified oil spill cleanup rea.ponse organization for purpole. of taderal (and. where approved by the Board of Directors. atato) law pertaining to o~l api11 cloanup re.ponsibility or liability. ~~e Corporation .hall authorize .eabers of the Aalociation :0 identify the Corporation .a being available for .uch ...i3tance in contingency plana tiled with the United State. Coast Guard or any other department or agency of the federal govern=ent. provided that .uch authorization shall not be DAd. available to any organization which i. not a .eaber (or a doe.ed member) of the Aa.ociation or to any member which doe. not aqrse to co=ply vi th ouch polici.. and. procecluro. .. the Corporation cay r8a.onablyadopt. UTI cr.:: VI I I The full and coaplote aanagement and control of the Corporation ahall be vested in the Board of Directors. The Board -3- . . ., . . . I \ i . . i - I . I i. } \ t::o ~~ i",. \ ".' L r~: ¡f. ti~~ssø: 51A ~f' D1ncton shall be aD independent body. '!'he Corporation shall en !M~n.uQðb directors OD ita Board of Dirocton. ':he cUrectora iŒ"aII })e c11videc! into three (3) cla8.es of three (3) 41nctors !RUfi11~1\.ct.~q!)atec1 aa Clus I, Cla.s II, aDd Clus III. At the SEt~1$' Ci~~ ..eUne) of the Board of Directors, [",:the ~n1tJ.al èi1~cton .hall elect JUne (9) 41rector8, 41vid1nq .uch d1ree~on into Clas..s I, %1, .J)~ III, with the terma ot 8uch directors 01)1:1111) thre. (3), fo\.%' (4), and f1ve (5) years, n.t;)ectively, after tbe1r elecUoD. Co_encinq v1th the exp1radon of the teras of the 1zû t181 Cla.. I 41rector., anc! thereafter on an aDDual baai., aucce..on to tbe d1rectors wbo.. t:.eraa an expir1nq aball be .lected by ~e Board of Directon (1nclud1nq the outgoinq 41rectora) to hold otfice for a three-year term, ao that the ten ot office of one (1) cla.. ot cUrectors shall expire each year. Any vacancy OD the Board ot Directors .hall be fi11ocS by the re..1n1nq ..zaÞ8rl oi the Board òf D1roctors. The qualif1cAt1oDa, dut1.s, and oth8r aattera relAting to tb. Board of Diractor3 .hall be as provided in the ðy-lawa, provided that a change 1n the DUzaÞer of d1rcacton shall be wadø on.l.y ~y ...Ddment of the Cbartor pursuant to ~1cle % hereot. .tUl~ ~ IX The power to adept. altor, a.end, er repeal the By-lAw. ot the CorporAtion ahall ~ ve.ted in the Beard ot Diroctors. provided that any such Action to adopt, ~ltQr. amend. or repeal I By-laww ahall require the vote of t~o-thirdø (2/3) of the 41r~cton. ~ CI.:: : An ..endment of Ar1:1clo II or Article X ot this Charter purauant to the Tonno..ee Nonprotit Corporation Act ahall require the unan1aous vote of the dirðcto~. Gnd Any other ..end=ent of thia Charter pursuant to the Tennessee Nonprofit Corporation Act shall require the voto of two thirds (2/3) of the directors. .An'1'I C L3 :t ':be Corporation io a Donproti t corporAtion and .hall have all of the pavon, dutie., authori:ationa, and ro.pona1b11i ties a. provided in the T~nne..e. Honprofit CorporAtioD Act; provided, however, that the Corporation shall neither have Dor exercise any power, Dor shall it engage cUrectly or indirectly 1D any activity, that would invalidate it. .tatus as . corporat10n that 1. GxGa~t from tadoral income taxadon a. an organJ..:ation d..cribed in Section SOlCc)C") of the Internal ttevonue Code of 1986, as aaended, or corre.ponding prov1ø1ona of any oubaequent federal t61X law (herainattor reterred to a. the. Code- ). Since -4- . I-.-t 14 ~. I ~ tl, I . 1 t_'~J. "-' ~ I ~7a I ~! '. '; -.l ~ :1 ¡ lj . ..' I' . ~. .~ .'; ~ ..:a ::1.. 0.1. J ¡¡ :- ~ I ~~$Œ S,t.Œ ~~~rpora1:ion 1. DOt an orqazüzation c!..cnbe4 in Section ~ .'Diñc~O ~f th. Cod', for purpo.e. of t.h. 'ronne.... !fon~rofit 0 ~ J1ðo~rat1on Act thi. Corporation 18 a IlUtual ben.fi t corporation ~~ ~r£D SecUoD 48-68-104 of auch Act. srcRt1~R1 Cf S1A T"\tf' . 0 1r"" "~CI.:I XII "--...' ~-,.,J . . t : A c!1ncto~ of ~. Corpo~atiOD ahall DOt be per8oDAlly l1abl. ~o the COrporatioD for 8On.tary 4."9.. for ~re.ch of fiduciary duty.. . director except for liability (1) for any ~r.ach of the 41nctor a du'ty of loyalty ~o th. Corporation, (2) for act. or 081..10118 DOC in 9004 faith or vh1cb in901v. intentional a1:sconcluC1: o~ a Jœov1ng .,iolat1on of the law, or (3) under Section 4'-58-304 of th. '1'8zme.... Monprotit Corporation Act. Äny ropeal ~ &IIenc1aent of th1. Article XII 1)y. the Corporat;ion chall ~ proapactive olÙY and .hall not aãvene¡y aifect; any 11:11t:ltion on the penonal liability ot . cUrector en.unq At the ti:2e of 8uch repeal or allenr;ùaent. In addition to the cireu:atAnco. in wb.1ch a cU,roctor ot the Corporat;1on 1. not; ,.r:sonally liAbl. .. ..t forth in the fint .en~.ce. o~ thiø ~elG %II, a à1roctor .hall not be liable to th. Corporat;ion ~o øuch further sxtent a. per:u.ttod by applicable law anQ any law barea!tør onactod, 1ncludinq, without l1a1tation, any .~.oquent a..ndAenta of the Tonne.... Nonprofit Corpora~on Act. A11'1'I CL2 XI I I Upon the dinlolution of the Corporation, no director, officer, or private person ahall be entitlod to any d1~t=1bu~1on or d.1vi:lion of ita remaining property or its proceed., and the balance of All BOney and other property roce1ved by the CorporAtion fro. any .ouree, after the payment of ~ll dobts and obligations of the Corporation, ahall be used or dizstr1butad 8xclu81voly for purpo... within the .cope of Section 501 (c) (3) or (c)(4) of the Code. Any .uch a..eta not .0 di.poI.d of Ihall be diapoaed of ~y tho appropriate court of the county in which the principal office of the Corporation 1. then located .xclus4vely for the purpoa.. de.er1bod in the proceding .entone., or to 8uch organization or organizAtions .a .aid court ahall determine vb1ch are organized and operated exclua1voly for 8ueh purpos... AJrl'I CI.: :::tV Ifh. lUUIe And øtroet addroa. o~ the 1ncorpornton are ;1. follow: -5- . . .. . ..'. . " .. °1.. ,~ t~ ~~ , ) -1. °1. ~ ~~Cf' 51 ~ t'E ÐF- 1 LI\I\ ~ œu A~Jt å6.t8J.l0 u1' tUl t 5 " f43 1!RY~l" ÅR1 Of 51"T£ SEeR. ~aD I). anea Add~1I1I 1220 L Street. B.W. Suit. 612 WuhinqtOD. D. C. 20005 Stapbeli P. 8a1ae 1220 L Street, .. W. :hUte 61~ tJuÀ1D~oa, D. c:. 20005 1220 L Street, .... SUit. 612 .uh.1aqtoa, D. C. 20005 ,... ~ (O .. ..... " ~-.... '. I.:;"; In vitae.. vbereot, va have .1qD8c1 aDd ackDovledqec1 thi. Oart:ar th1a ~7 ~ day of .1uly, 1990. ~ e; ~- J~ c. CO8¡lO. Inco~or7r d6-~ 2? &ß ~~ Al~n D. Breed, Incorporator ~¿:Jf. - :¡. .~:. -.~ St~pbexvF. Saine, I~co~orðtor . -6- ., , - - F~QM:MSRC-~ASHI~GTON DC. TC: 8Ø48365436 C 17. 1992 4:47PM ~124 P.02 ATTACHMENT II The fol1owing is t~e equipment which MSRC ~xpects to Jocatc in the Virginia Bcach/NorfoJk area of Virginia dnd th~ approximate costs of that eq:Jiprnent by category. The approxin18te total cost of 1\1SRC's equiprnent in Virginia is $17,674.000. VESSELS: $15,795.000 1 208 ft. on Spill Respo:1se Vessel 1 40,000 BBL Barge J 32 ft. Work Boat BOOMS: $559,000 Offshore Boom Systern (Heavy Duty) 3,300 f~. oî Bl)Om Hydraulic Power Packs Tow Bars Air Inflation Nozzles Spares App¡,¡nenance, Tools Hydrauiic I\ir Blowers Diesel Air Blowers Bootn Reels with Covers Boon1 Boxes Wire Basket for Appurtenance Fence BOOI11 System (Meàiunl Weight) 1 ,(x){) ft. of Boom 22 lb. Anchor Assenlblics 40 Jb. Anchor Assemblies Anchor Line Reels Floated Tow Bars Spares Packaging in Corrugated Boxes Open Top Containers with Covers Intertidal Boom System 1.OLìO f1. of Boom Water PunlP/ Air Blower Units Anchors Boom Tow Bridles B~ach Stakes Opermion Rep~Ür Ki t5 Open Top Containers with Covers Tools for Air & \Vater Valves Work~hor Repair Kits FRCM:~SRC-WASHINGTCN DC. TO: 804836'5456 r ' 17, 1992 4:48PM ~12~ P.Ø3 .. SKIMMERS: $1.135.000 1 High Capacity Skimming S}stem Skimmer Unit liose Control Pane] Spares Disc Skimmer Cassette Trawl/Boom System 1 Weir Type Skimming Systcm (Medium Capacity) Hydraulic Power Pack Skimmer Unit Flat Rack Container Skimmer Cradle Appurtenance Scares H.ose and Reel PU~1Ps: $185.úOO 2 Hi~h VlSC'CSlty Tr~nsf~r Pump S)'steJns Hydraulic Pow~r P3ck Spar~s Ho~e Set I-!o~e Re~l Container~ Power Pacl:s 12117192 2 ------- - -~ ,- ---" . ---- -0 --- -- ----- - - - ATTÞCHMENT III Internal Revenue Service Department of the Treasury \\ .3snlngton DC 2~224 [> Marine Splll Response Corporation 530 Gay Street Knoxville, TN 37902 Person to Contact Mr. Brockner Teleohone Number. (202) 566-4756 Hefer Reply to E:EO:R:1-3-RCL Date. . Internal Revenue Code: Employer Identification Number: Key District: Accounting Period Ending: Form 990 Required: SOlCc) (4) 62-1437621 Atlanta December 31 Yes Dear Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from federal income tax under section S01(a) of the Internal Revenue Code as an organization described in the section indicated above. Unless specifically excepted, you are liable for taxes under the Federal Insurance contributions Act (social security taxes) for each employee to whom you pay $100 or more during the calendar year. And, unless excepted, you are also liable for tax under the Federal Unemployment Tax Act for each employee to whom you pay $50 or more during a calendar quarter if, during the current or preceding calendar year, you had one or more employees at any time in each of 20 calendar weeks or you paid wages of $1,500 or more in any calendar quarter. If you have any questions about excise, employment, or other federal taxes, please contact your key District Director. If your sources of support, or your purposes, character, or method of operation change, please let your key district know so that office can consider the effect of the change on your exempt status. In the case of an amended document or bylaws, please send a copy of the amended document or bylaws to your key district. Also, you should inform your key District Director of all changes in your name or address. In the heading of this letter we have indicated whether you must file Form 990, Return of organization Exempt from Income Tax. If Yes is indicated, you are required to file Form 990 only if your gross receipts each year are normally more than $25,000. If your gross receipts each year are not normally more than $25,000, we ask that you establish that you are not required to file Form 990 by completing Part I of that Form for your first . ~ ¡II -2- Marlne Splll Response Corporation year. Thereafter, you will not be required to file a return until your gross receipts exceed the $25,000 minimum. For guidance in determining if your gross receipts are "normally" not more than the $25,000 limlt, see the instructions for the Form 990. If a return is required, it must be filed by the 15th day of the fifth month after the end of your annual accounting period. A penalty of $10 a day is charged when a return is filed late, unless there is reasonable cause for the delay. The maximum penalty charged cannot exceed $5,000 or 5 percent of your gross receipts for the year, whichever is less. This penalty may also be charged if a return is not complete, so please be sure your return is complete before you f~le it. You are required to make your annual return available for public inspection for three years after the return is due. You are also required to make available a copy of your exemption application, and supporting documents, and this exemption letter. Fallure to make these documents available for public inspect~on may subject you to a penalty of $10 per day for each day there is a failure to comply (up to a maximum of $5,000 in the case of an annual return). See Internal Revenue Service Notice 88-120, 1988-2 C.B. 454, for additional information. You are not required to file federal income tax returns unless you are subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you must file an income tax return on Form 990-T, Exempt Organization Business Income Tax Return. In this letter we are not determining whether any of your present or proposed activ- ities are unrelated trade or business as defined in section 513 of the Code. Contributions to your organization are not deductible by donors under section 170(c) (2) of the Code. Under section 6113, any fund-raising solicitation (including a solicitation for membership dues payment) you make must include an express statement (in a conspicuous and easily recognizable format) that contributions and gifts are not deductible as charitable contributions for federal income tax purposes. This does not apply, however, if your annual gross receipts are normally $100,000 or less, or if your solicitations are ~ade to no more than ten persons during a calendar year. The law provides penalties for failure to comply with this requirement, unless the failure is due to reasonable cause. See Internal Revenue Service Notice 88-120, 1988-2 C.B. 454, for additional information. You need an employer identification number even if you have no employees. Please use that number on all returns you file and ln all correspondence with the Internal Revenue Service. , . '- - -3- M~r~ne Splll Response Corporatlon We are informing your key Dlstrict Dlrector of thls rullng. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questlons about this ruling, please contact the person whose name and telephone number are shown ln the heading of this letter. For other matters, including questlons concerning reporting requirements, please contact your key District Director. Sincerely, ~oJ I? ~HA9 Conrad Rosenberg j Chief, Exempt Organ~zat~ons Rulings Branch 1 ~ FROM:MSRC-WASHINGTON DC. Inte,n81 Revenu. Service TO: 812147836456 r-- 29, 19921121:27AM Þ259 P.12I2 Department of the Tr..sury Withington. DC 20224 Marine Ip111- R..pon.. corporation 530 08Y Stre.t Knoxville, TN 31tO2 p"tO" to Con_'Jet: '-- Rr. IrOClU18r Te'ephone NurJW2) 5"-4756 "ere, Atpl~ to¡¡ 10: R: 1-3..RCL D.'.~ Ave 8 f 1990 Imployer Identification Number, Key D1.trlctl 62-1431'21 Atlanta . ~ K - Marine Spill R..pon.. Corpo~.t1on I- Marine Pr..ervation A..ociation Dear Applicant: This 18 in re.pon.e to the ruling requ..t. contained in your authorized representative's letter of 3uly 31, litO, regarding the proposed operation. ot the aboY. two organization.. ø i. incorporated under the Tenn..... Nonprofit Ccrporat1on Act. I has tiled. Form 102~ requestin9 reco;nit1on of ex.aption a. an or;anization described 1n .ection 501(c) (4) of the Internal Revenue Code. Concurrent with thi. letter rul1n;, I i. receiving . determination letter that it 18 exe~pt from federal income tax .s a social welfare or;anlzat1on within the m8anln9 of .ection 501(c) (4) of the Cod.. H's article. provide that it 1. . mutual benefit corporation or9ani~ed exclusiv8ly to promote th. welfare of the public by m1ti;ating env1rona.ntal damage to co..tal and certain upstrea~ waters 1n ~he contInental U.s., Hawaii, Alaska, Puerto Rico or the V1r91n Islands through: (a) the ..tab11.haent of a pro;ram to render it. be.t effort. to conta1n and cleanup~- (1) cataatrophic and other 011 .pill. 1n co..tal lone er tidal vater. of the U.I.' . (li) any 011 spill in u.s. cea.~.l zone and tidal waters judged bI the u.s. coast Guard to be in .xc... of the local 01 spill r..pon.. capability, . (111) any .pill of . cargo of a v....l traver.1n, inland u.s. water. up.tream from a river .ou~h on it. way to or fro. an up.trea. facility, provided ~h. cargo F~OM:MSRC-WASHINGTDN DC. TO: 8047836456 D~~ 29, 199210:2?AM Þ259 P.03 -2- Marine Sp111-R..pon.e Corporation of the ve...l would otherwi.e b. (or have been) on its way to or from an upstream facility on a voyage that either took or would take it into open ..af coa.tal zone or tidal water. ot the U.S., and provided the spill 1. jud;ed by the U.S. Coa.~ Guard to be in exe... ot the local oil spill response capability, and Civ) any other spill where retained by the Coa.t Guard and directed to respond: (~) the development and maintenance of . comprehen8ive data bank of oil spill response re.ourc.. and related 1nforaation, the carrying out of tra1n1n; and review of local capab111t1e. to help ..sure their readin...: and, (c) the identification and management ot .elected 011 .pill r....rch project.. I stat.. that it was fo~.d for the purpose of providing and facilitating environmental response effort. directed to the containment and cleanup of large oil spill.. A8 8uch, the activit1.. of K will be directed to prot8ct1n; the nation and the environment from oil .pill dama98. In the event that K undertake. containment and cleanup effort... . re.ult of. ..jar.o1l .pill, ø will be re1mhur.ed tor ita coat. by the spiller, the cargo owner or the U. 8. Government. H will respond to any .pill ..t1mated to b. in exc... ot 1,200 barrel. it (a) the u.s. Government has exerc1..4 it. authority to coordinate an4 direct or to "tederalize" the .pill, and (b) I has been .at1sfiad that its cost. will b. reiabur..d by prearran;emant with either a member of H or the U.S. Coast Cuard. K state. that it will enter into a .tand!nq aqr...ent with the Coast Guard that will permit the Coast Guard to call on H whenever, 1n view of the Coast Guard, the a..1stanee ot K 1. n.,ded. This a9r..ment will require ø to re.pond to the call fully and.promptly, without re9ard to ~heth.r the .piller i. or i. not identified, or whether or not the .piller 18 o~ 1. not a member of H. Both ..mber. of H and nonmember. will be charg8ð a tee on the a... basi. for cleanup .ervic.. rendered. The spill re.pons. .fforts will be conducted In part through the use of it. own employ... and equipment.. However, 11ntend8 to contract with third parti.. to provide ..rv1ce. for a fe. to K 1n the event ot . .ajor .pill. In addition to .pill re.pons., ø plan. to b. involved 1n res.arch relating to .ugh .atter .uch a. ocean current., veather, the environment. to be protected, and 011 .pill technology. Re.earch will be implement.d a. fund. become FROM:MSRC-WAS~INGTON DC. TO: aø4?835456 DFr 29. 1992 1Ø:28A~ Þ259 P.04 -' -3- Marin. spil1-R..pon.. corporation available and may be conducted by Ø'8 staff or by out.ide person. or institutions pursuant to vrant8 from K. ø a180 plans to conduct other activities directed to oil spill response efforts, 8uch .8 the development of. comprehens1v8 data bank of 011 spill re.ponse r.source. and re1ate4 information and the carry1n; out of training and review of local capabiliti.s tø help a..ura their readine... The.. activities will be conducted by H'a staff. H'. financial support will ~. derived pri..rily fro. ~rant. by H and from f... for .ervice. rendered. The relationship betw.en Hand H will be that of donor and don... The tvo or9anization8 will not .har. faciliti.. or employees, nor will there be any officera, director. or truste.. in common. H i. incorporated unðer the law. of the Stat. of Arizona. H haa tiled a Form 102. requ..t1n9 recognition of exemption.. an organl:ation d.scribed in .ection 501(c) (6) of the Cod.. Concurrent with thi. letter rulin9, H 1. r8c81vln9 & d.term!nation letter that it i. exempt fro. federal income tax as a bus1n... league within the ..an1n9 of ..ction 501(c) (6). HI. article. provide that it va. organized 8Xclu8!vely to promote the welfare and intere.t. ot the petroleum and energy industries and the related petroleum ~r.nsportat1on industry through efforts to help these industri.. addre.. the pro~lem. caused by catastrophic eil spills on water. Mora .pacifical1y, H wa. organized as follow.: (a) to provide financial ...1stance to incr.a.. exlatin9 capabilities lor øiti9ating environmental damage occurr1n9 1n the Con~inental U.S., Havaii, Alaska, Puerto Rlco or the vlr;1n Islands and caused by the followinql (1) catastrophic and other 011 .pille 1n coastal Ion. or tidal water. of the U.S., (11) any oil spill in u.s. coastal lone and tidal waters judged by the U.S. Coast Guard to be in exc... of the local oil spill re.ponse capability, (111) any spill of a cargo of. y....1 traver.in, inland u.s. water. upstree. fram a r1v.~ mouth on it. way to or from an upstream facility, provid.4 the car90 of th. ve.sel would otherwi.. b. (or have be.n) on it. way to or troD an upstream facility on a yay.;e th.~ -------- - --- - -- DEC 28 '9~ 04:02PM t1ARIt~E t"'P!LL RESPONSE CORP. P.2/2 ATTl\CEME!1T IV ~ EQUAL EMPLOV'..ENT OPPORTUNITY 211 Introduction It is the policy of the Marine Spill Response Corporation to be fair and impartial In all of its relations with Its employees and applicants for employment and to make all employment-related decisions based upon job related qualifications and behavior without regard to race, religion, color. national orÇln. age. sex. physical or mental handicap, or veteran status. This poliCy appUes to recruitment. hiring, training, promotion, and all other personnel actiOns and condition. of employment such as compensation, benefits. layoffs and reinstatements, trainina. tuition assistance, and disciplinary measur8l. Guidelines Any person who believes that he or she is the victim of discriminatory conduct should promptly advise MSRC.s Human Resources Dtrector of that concern. The Human Resources Director will conduct a prompt and thorough investigation of aU circumstances surrounding the alleged Incident of discrim:nation. if the investigation discloses that an individual has committed an act of discrimination. that individual shall be subject to appropriate disciplinary actiOn. up to and including termination. MSRC has committed to take affirmative steps to enhance employment opponunitles for minorities, women, the handicapped. disabled veterans, and veterans of the Vietnam Era. Acccrdingly, USRC has not only committed tÞat it will not discriminate against applicants or emplOyees based on these factors. in addition MSRC will take affirmative adlon to ensure that meaningful employment and promotional opponunities are maintained for persons in these categories. MSRC is also committed to abiding by :Ocal laws whicn may prohibit diScrimination based upon other criteria. Our commitment to take these steps is based not only on the requirements of Executive Order 112413, but also o~ our commitment to maintain a diverse wor'tdorce reflective of the communities in which we operate. By this policy MSRC wishes to ensure that all employees have the opportunity to make their maximum contribution to the Company and to their own career goalS. The intention behind this policy is to provide for an equal employment opportunity program that will simultaneously serve the requirements of SOCiety, the law, sound business practices, and individual dignity. . April 11, 1991 ~ . D~C 28 '92 ø~. O=PM 11F1R:i{[ C~:LL PESF"Jï\~t'HUR .r\ NDERSE!'J ~ , . , II r: ~"n, I ...~~ ~ I.. ,"'\ Io.,t- ATTACITHENT V Merine Spill Response Ccrporotion Financial S tatem ents As of December 31, 1991 and 1990, Together With Auditors' Report r.EC 28 ' 92 Ø5 : e~pr1 MAR - . SP: LL R~SP(1N5E CORP. P.3/;'4 -- --- II"""~ ~ ':-"'I.('l ;\\\ '\1"':""_",,1}...::1\'/rt-:...-~ REPORT OF INDEPE~~ENT PUBLIC ACCOUNTANTS To the Bow of D1l'ectors of ~{arine Spill Response Corporanon: We have audited the accompanying balance sheers of Marine Spill Response Corporation CMSRC." a Tennessee noc-for.proñr corporation). as of December 31. 1991 and 1990, and che n:lared statements o{ suppon, revenu~ and expenses, and changes In fund balance and cash flows for the year ended Decemb~r 31, 1991, and the penod irom inceptlon (July 30, 1990) to December 31,1990. These fin~'1cia1 ~tatemer.tS are the rcsponsioility of MSRC's management. Our responsibility is to eApress an opinIon on thes~ financial statements based on our auditS. We conducted our audits in accorda.1ce with generally accepted aUOltÜlg standArds. Those standards require that we plan And perfonn an audit to obwn reasonable assurance abOut whether the rmancial statements are free of material misstatement. An audlt includes examining, on a test basis, evidcocc supportmg the amounts and disclosures in the financIal swerr.ents. An :1udit also includes ass:ssing the accoUßt1ng principles us~d and significant estimates made by manaiem~nt, as well as evaluating the overall financial Statc:n1ent presentation. We believe that our audits provide a reasonable basis for our opinion. In our opirùon, the financiaj statements r~ferred to above present fairly, in all material respects, me finÁncial position of Marine Spill Response Carporat1on as of December 31, 1991 and 1990, a."d the resultS of its operatIons and its "ash flows for the year ended Dccember 31, 1991, and the penod from inception (July 30, 1990) to December 31, 1990, in conforrr.ity wiili general])' &:cepted accounting principles. ~~~ " Cr-. March 12, 1992 -- ~ .1Jì.i.Q $19.562 $3,543 309 :3 593 434 342 43 2" .,M6 4.023 , .~... DEC 28 '9Z 05: 06::¡M MAR: nr ~P: LL R::SPOf~S~ (v~ p . ~ C ~ CURRENT ASSETS: CasÞ and cash equivalents (NotQS 2 and s) Interest and other receivables Prepaid insurance Otner current assets Total current assets PROPERTY AND EOUI~: Construction In progress (Note 5) Property and eQuip~9r.t, net \Note 2) To~a' property and equipment 57.892 5.ïO6 .... 63.59B OTHER NONCURRENT ASôETS Total assets ~2' SB5.425 CURRENT UABIUTIES: Accounts payable and accrued "abilities $11.128 NONCURRENT UABIUTIES: Debt (Note 4) Deferred rent payable Total r.oncurrent liabilities 56.000 738 56,736 COMMITMENTS (Note 5) F'UND BALANCE 17.551 $85,425 Total liabilities and fund balance The accompanYing notes are an integral pan of these balance sheets. 200 346 546 68 $4,637 $1.849 2,7~ 54.637 . . DEC C:8 I 92 05. 06PM MFt;;'. ~ IF:: SP: L..L ~ESPO/'1SE CORP. p:: 1.9li ~ SUPPORT AND REVENUE: Contributions and grants - Marine Preservat:on Association {Note 1) $59.469 $2,700 P:RO Implementation. Inc. (Note 3) 4,532 Interest and other income 1. '61 69 Total support and revenue 60.630 7.301 exP ENSES: Salaries and benefits 11,754 1,259 Travel 2,084 142 Intormaüon systems and communication services 15,315 1 .1 68 Facilities 3.763 774 Vessel and equipment operations 1. 197 49 Legal and advocate fees 2,150 169 Recruiting 921 275 Training wnsul1ants and courses 1.621 117 Resea~ch and deVelopment programs 1,589 General and administrative 3,143 315 Insurance (Nore 6) 1 ,403 195 Interest and debt service fees (Note 4) 254 Depreciation and amorti:ation 663 50 Total expenses 45,857 4.513 Support and revenue jn excess of expenses 14,773 2,788 FUND BALANCE. beginning of period 2,788 FUND BALANCE. end of year $17,561 $2,788 The accompanying notes are an integral part of these statements. P.5/:L4 DEC 28 ' 92 135 . C6PI1 ìl¡:'P'" 'e: SP: LL RESPONSE CORF. '.) P.6/:4 ~ CASH FLO'NS FROM OPERATING ACTjVITIES: Support and reVenUB In excess at expenses Items not involving cash In the current penoo Deprec:ation and amortization T ransfef of assets from Pit Ct".ar.ge$ i~ assets and liabilities - Increase In interest and other receivables Increase in prGPa.d insurance Increase an other assets Increase In accountS payabl@ and accrued liabilities Increas.e in deterred rent payable Net cash pro'iujed by operating actIVities CASH FLOWS FROM INVESTING ACTIVmES: Purchase of property and equipment Increase in construction in progress Net cash used In investing activities CAS~ FLam FROM FINANCING ACTIVITIES: Proceeds from bank borrowings Payments Of deferred debt servldng fees Net cash provided by financing activities NET INCREASe IN CASH AND CASH EQUIVALENTS CASH AND CASH EQUIVAleNTS, begll".Mlng of period CASH AND CASH EQUIVALENTS, end of 'fear 19..9..l $14.773 663 {306) (1Sg) (1 77) 9,279 736 24,809 ~ $2,788 50 (13) (3) (502) (44) 1.ESO 4,126 (6.023) (383) (57.S92t ~ 56,000 (S75l 55.325 16.419 3,543 3.543 $19,962 $3,543 ~715t (583>.. Th9 accompany;rïg notes are an integral part ot these statements. , DEC Z8 92 05. 07PI"I :'1AR."'C: SP -LL RESPONSE CORP P.7/:4 ~1ARI 1 1. Marine Spill Response Corporation ("MSRC") was incorporatcd in Tennessee on July 30, 1990, and began operations in September 1990. MSRC is an independent not-for-profit corporation whose purpose is to promote the welfare of the public by miágaung env1I'onmental damaee to the co~stal and cC:Itain upstream waters of the United States through the containment and cleanup of causU'ophIc 011 spl11s. In accordance with ItS mission. MSRC will also be conducnng an extensive research and developI:lent program to improve oil spill response technology. MSRC was created to cstJ.blish a nationwide capability to respond to cataStrophic oil spills. In a related development, the comprehensive Oil Pollution ACt of 1990 requires O~11eI'S and operators of vessels carrying oil as CíL:'go and facllnies storing or transpomng 011 to show that rhty ca.&, to the maximum extent pracricable, respond to the worst-case oil spill that they might causc. It is anticipated that MSRC will enter into standing conuactS with clientS who are memDers of the ~~arine Preservation Association (discussf'.d below) and who desire to rely on MSRC rat~er than maIntain theIr own cleanup capability for catastrophic spills. U:lder the act, response plans citing such capability are required by February 1993. Funding for MSRC is principally provided by the Marine Preservation Association ("l~AII). MPA i~ a nor-for-profit organIzation Including oil companies, ship owners, ar,d other receivers or transponers of oil who have no control over MSRC' 5 opentior.s. In order for !dSRC to meet the obligations which wl11 be necessary to Ïulfill its mission, ~ISRC is dependent upon the conùnu:ition of funds pro\'id~d by MPA. In 1991, MSRC and MPA entered into a Grant Agreement whereby ~1PA will contnbutc funds to MSRC on a periodic basis at ~1PA's discretion. Funding from these grar.ts are to supPl'n MSRC's capicü and cpernring costs and must be usoo by MSRC to Can)' out its mission :ts stated in MSRC's charter and bylaws and in accordance with the pmposes included in MSRC's request for funds. This agreement is cancelable upon a twO years' noncc. 1 f',DEC 28 '92 05:07PM 11":¡R::Nr SP:LL RESPONSE ((,~P. .¡I Tnrough a Supplemental Grant Agreement, ~1PA has agreed [0 prO\ild.e funds to suppa" specific lon¡ u=rm commitmentS and contracts of ~fSRC. As of December 31, 1991, these commitmentS include various office space leases, contracts for the constrUction of vessels and purchase of other equipment, and contracts with VinOUS consultants (see Notes 4 and S). By private letter ruling of Aulu5t 7, 1990, MSRC is exempt from Federal income taXcs under SeCtion SOl(c)(4) of the Internal Revenue Code of 1986. 2. The accompanying fmarlcial statt:ments have been prepared on the accrual basis of accounting in accordance with generally accepted accounúng principles. For purposes of the statements of cash flows. MSRC considers .ill hIghly IJq uld secuntles purchased with an original maturity of three months Cf less to be .:ash equlvalents. At December 31, 1991, MSRC had 54,299,073 ofresmcted cash In an escrow account for purposes of secunng the insurance policy limits provickd under MSRC's pnmary l1ability program. fmnc.ny ~uipment The components of property and equipment at December 31,1991, and 1990, were: Spill equipment Furnimrc, offu:e equipment and communications Leasehold improvements ~ 1 9 9 1 ...l22Q.. $2,429 $186 3.941 199 ~ ---1l 6.419 396 ...2!l -2l ~5. 70~ ~~46= Less:Accwn ulated deprec..'i arion Depreciation has been ~omputcd using the straight-line method beginning at thd ún!c the as~et is placed in service. Estimated useful lives used ale three to fiftee~ years for splll equipment, three to five years for furniture, office equipment and communications and the t:rm of the lc~c or life of the asset, if shaner, for leasehold improvements. ., .. . --.--- - ---- . ,C 2:; , 92 Ç)5 . Ð7PM MAR:' ",. SF: LL RESPONSE CORP. p.9':4 Revenue Recogrution Substantially all of MSRC's support and revenu~ is derived {roIr. grantS a.'1d is recognized in the period received. Tho amount of Îunding reQuested in furore years will be adjusted to ref1~ct utilization of funds from the p~ceding year. -~ II Direct COStS incurred to ready a proj~ct for its intended use. lncludin!! the conslI'Ucnon of facilities. vessels or other major capital development projects, are caplwized and amortized over the lives of the related assets. MSRC capitalizes interest on borrowings used to fUW1ce I the constrUction in progress. In 1991, interest capitalized was 5325..3". Systems-Deve~ment Co1.t5. Costs as~ociau:d with the design. development, and implemcncatlon of MSRC's computer s)'stems are expensed in me period in which they are incumd. I ations t Certain reclassifications have been made to the 1990 finS11clal statements to confonn WIth the I 1991 presentation. 3. PIRO Implem~ntation" Ine,. ("PIT'), was a corporation established to plan for the creation of MSRC and MP A. Pll was dissolved in ~cember 1990; however, prior to dissolution. PII loaned $4.5 million to MSRC and subsequently forgave the loan as a. grant to MSRC. In aådition to the grant, PI! transfelTed us remaining assets to MSRC. Such assets ~onsisted of $18,878 cash and office and computer eq1Jipment recorded at PII"s cost basis of $12.728. 4. T In 1991, MSRC entcI~d inlo a revolvlng credit agreement with a group of banks which provides financing of up to $400 million. Proceeds from these borrowlngs are far tht: construction and/or r.oD-leveraged purcha5t of 2.Ssets and facilities to be used in :\ISRC's operations. The debt is guaranteed/supported by MP A through separate agreementS between MP A and the banks. 3 , ~ , pEC za ' 92 05 . ¡)8PM I1F!R I I~E SF! ~L RESPQN3E (';RP. Bcrrow\ng rates available for each loan ar: based on certificate of deposit. LIB OR or the bank's daily rates, as defined In the agreement. The weIghted average 1nt:resr rate for 1991 1 was 5.4%. Commitment fees on the unused ponion are applied at the rates 5peClfled in the 1 agreement. Interest and commitment fees arc due quarterly, or at the end of the interest period if earlier. In 1991, MSRC incuned intereSt of $368,076 al1d commlunent fees of $145,175. none of which had been p:úd as of December 31, 1991. ~ The rcvolvin¡ credlt facility, expiring in 1998, requires eight seml.annua.l r~ductions in ~pcnnitted bonowings beginning in 1994 totaling to 75% of the Danks' commitment 111 1994, Jíthc remaining balance outstanding is due OctOber 29, 1998. As of December 31. 1991, the i~ principal outstanding is SS6,OOO,OOO. ~ . S. ~~ Ves~~ConstrUction In 1991, MSRC ~ntered into two fixed price contracts for L1e cons~Jction of 16 5:>i11 response vesseis. The total cost of these contrac:tS 1s approJUmateìy $187 mill1on. As of Dt;cember 31, 1991. $47.9 million was incWTed and capit31ized in constrUet1on in prosress Comp1enon of , the~e vessel~ is expected by February 1993. ¡ PrQpert.Y- ~uipmen.t MSRC conuaaed with various panies in 1991 for the ~onstrUction of ::a.c¡htc:s, purchase of equi?ment, and consulting services relating to this property 1U1d equipment. The total value of these contracts is S48.4 million. During 1991, MSRC Incurred approx.im~tely $7.3 million under these contractS. í:J)71 sl~.hi ng 8 n4...Q¡her A ueem en tl D~ng 1990, MSRC signed a five-yeAr contract with EleCtronic Data. Sys:ems to provide Var10US services including the design, implcmentabon and t:snng of MSRC's business, commur.ications and spill operations systems. As of December 31, 1991 ~ISkC.s remaining obligation under the base contraCt is $3.8 million. In 1992. MSRC c!timates an wdltion21 $6 m~ll~on will be incuned under the five-year contract. During 1991. MSRC i;lCur:ed $14.3 mill1on under the cOntract. In 1990. $1.2 million had been incuned by ~tSRC under the contract, and $0.6 milüon was lftcurred by PIL Du!ing 1991~ .~~SRC entered into variou~ other agreementS \1IÎth a IOtal cost of 55.7 million, of whIch $l.~ mlll~on was expended in 1991. 4 fEC 28 '92 C5: Ø8FM M';R:r¡E S¡:>:~~ RESFO'IS:: :'òR¡:>. , 1"".-- -~ Le tters of Cre4i1 1 MSRC has letters of credit outStanding totaling S232,307 at December 31, 1991. The5~ J lett~rs of credit ",'ere issued as security deposits on leased property. , : J¿ases t MSRC rents certain land, propcny and equipment under operating leases that expire at ~ariOUS dates fIOm 1992 to 2012. Some leases contain rental abatements. The accompanying statementS Jefiect rent expense on a straight-Line basis over the term of the lease and an bligation for the deferred %'ental payments. Rental expense under these leases was $2.2 ,:million and $.2 minion in 1991 and 1990. Future minimum lease payments arc as follows: , ~ 1992 1993 1994 199.'5 1996 Thereafter ToW minimum lease payments $2,110 2,188 2,194 1,951 1.731 . ~ ~ 6. Under Fedèrallegislation enacted in 1990. the n:sponder to an oil spill has limited immuni~J. The responder is not liable for damages or removal costS when the responder renders care, assistance or advice consistcn~ ~Ilth tbe National ContIngency Plan. unless his actS are grossly negligent or wnsutute willful misconduct. This immunity does not apply to Clses of wrongful death or personal injury. This F,=dera11egislarion generally does not preempt state liability laws. As such, responding to oil spills off the coastal waters of certain st3tes might incJUse MSRC's risk of liability. To minlmlze its ex-posure, MSRC and other panics are seeking state legislation which wc~!d ?arallel the Federal response law. MSRC mainW11s insurance for wo!'ÌC:rs cc~pensation. gcneralliabi1iùes, propeny and oÙl:r claims. Coverage under cena.in li.1bihty pol1cies is on a claims made basis. Accordingly, MSRC's ability to insure a¡ainst such claims depends upon its ability to continue such coverage:. s .----.. fC 2e '~2 05.09°'" I'IHR:NE '~P:....L ¡::::.sPONSE C~PP. :' P. _¿/:4 " 7- iMSRC has established a savings and d.isc~tionary defined con:ributton plan. The plan will ~8pp1y for a dclermination letter from the Internal Revenue Service. 'C'nder the plan. all full rtime employees are eligible bcginnin~ th~ first day of th~ caler.da.r month following date of rhirc. Emp1oyer contributions to the plan ~erc $891,849 and $48,026, respectively, fOT the " nods coding December 31, 1991 and 1990. t December 31, 1991, MSR.C has a repurchase agreement wlth a bank for S4,2.S3.000. The ol1atCral for this repurchase agreement is U.S. government secunties held by the bank. " f r9. .. ~ SUB 110 Fc~ruary 1992, MSRC received $10,000.000 in a gr-a.'1t from ~1PA, These funds are [0 be ;expended in accordance with MSRC's budget for the pcnod through at 1east March 31. 1992. , fton M3l"Ch 6~ 19929 MSRC increased ItS bOtTowings under the revolving credit a¡recmcnt (see ate 4) to $72,000,000, , 6 A1TA 'HMEN/' VI MARINE SPILL RESPONSE CORPORATION Salary information of Marine Spill Response Corporation officers and directors is available upon request. ¡II ATTACHMENT VII 18. (c) In 1992, MERC will have total salaries of $13.6 million. This amount is comprised of $8.6 million for exempt employees (128 people) and $5.0 million for non-exempt employees (183 people) . 18. (d) None. ATTACHMENT VIII The City Council of the City of Virginia Beach should recommend to the General Assembly of Virginia that the Marine Spill Response Corporation (MERC) be exempt from property taxes in the City of Virginia Beach for the following reasons: As explained in Attachment I to this application, MERC is a private, not-for-profit and federally tax exempt organization which will provide a best effort response to major oil spills in certain u.S. coastal and tidal waters when it is fully operational. Currently there is no organization in the world which has the equipment, resources and expertise which MERC will be able to provide when fully operational. MERC has selected Virginia as one of the 16 pre-position sites which will berth a new 210 foot oil spill response vessel designed especially for oil spill cleanup, as well as an approximately 40,000 bbl recovered oil barge and various other oil spill response equipment. The cost of the equipment currently planned for Virginia is approximately $17 million. In addition, a crew of approximately 20 is expected to be hired for vessel and response operations at the Virginia pre-position site. The financial resources available to MERC for its Virginia pre-position site are fixed. A property tax exemption would greatly benefit MERC due to its limited resources. Property taxes are not a factor in other Virginia sites under consideration. Such an exemption would be an economic incentive for MERC to choose Virginia Beach as the site for the Virginia Responder, the oil spill response vessel. MERC's selection of Virginia Beach would also benefit the community as well in that the funds available to the Virginia pre-position site would be used to further oil spill response readiness and would help stimulate the local economy through salaries and other operating expenses. The existence of MERC in Virginia Beach would not only benefit the community in a tangible way but would also bring intangible benefits to the City. The national and regional attention which MERC will receive will bring attention to Virginia Beach as one of the pre-position sites. The existence of MERC in Virginia Beach will reinforce the City's commitment to leadership in environmental matters. The Virginia Responder will also provide a highly visible indication of the City's commitment to maintaining a clean environment both when the vessel is berthed in the City as well as when it travels beyond the City. shfOO27