HomeMy WebLinkAboutJUNE 11, 1996 MINUTESCity of Virginia Bcach
"WORLD'8 LARQEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-L.~,ge
VICE MAYOR ~LLIAM D. SE~8OM$, IR.,
JOHN A. BAUM, Bl~:b.~te~
ldN'A/OOD O. BRANCH Ill, Virginia
ROBERT K, DEAN, Prim:eu Anne
W, W. HAP, P-dSON, JR., Lynnhaven
HAROLD HEI~CHOP~R, At. La','g,f
BARBARA M. HENLEY, P~ngo
LOUIS P~ JONES, t~y~ide l~'~ugh
~ K. PA~R, At.~rge
~UISA M. ST~YHO~, K~p~ ~gh
]AMES K. SPORE, City Manager
LESLIE L ULLEY, City Attorney
RUTH HODGES SMITH, CMC / AAE, City Ck, r&
CITY COUNCIL AGENDA
June 11, 1996
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 234.56-9005
(8041 427.4303
I. CIT~ MANAGER'S BRIEFINGS
- Conference Room -
10:00
JOINT BILLING PROJECT - PUBLIC UTILITIES/PUBLIC WORKS/HRSD
Clarence Warnstaff, Director of Public Utilities
SOCIAL SERVICES BUILDING FINANCING PROPOSAL
Patricia A. Phillips, Director of Finance
VENDING MACHINE ORDINANCE AMENDMENT
Andrew Friedman, Director, Housing & Neighborhood Preservation
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
12:30 P
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Councfl Chamber -
2:00
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend William S. Campbell
Aragona Church of Christ
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMEF
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - June 4, 1
G. ADOPT AGENDA FOR FORMAL SESSION
CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
PRESENTATIONS
e
o
CAPTAIN WILLIAM H. SHURTLEFF, COMMANDING OFFICER, NAVAL AIR
STATION OCEANA
CAPE HENRY COLLEGIATE SCHOOL - "Odyssey of the Mind" World
Finals
COX HIGH SCHOOL - "Odyssey of the Mind" World-wide competition
OCEAN LAKES HIGH SCHOOL - Rocket Launch at Wallops Island
MISS VIRGINIA BEACH - Miss Courtney Criswell
MISS TIDEWATER - ~Miss Tracy Blizzard
J. COUNCIL COMMITTEE REPORT
GENERAL OBLIGATION BOND SALE
Patricia A. Phillips, Director of Finance
K. PUBLIC HEARING
REAPPORTIONMENT OF DISTRICT NO. 5
(Movement of the boundary line
Wolfsnare Creek)
from Inlynnview Road to
ORDINANCES/RESOLUTIONS
Ordinance to modify Residential Districts 5 and 6 by moving
the boundary along Inlynnview Road, between the Lynnhaven
River to the West and Great Neck Road to the East, southwardly
to the centerline of Wolfsnare Creek (LYNNHAVEN BOROUGH).
0
Ordinances to the City Code:
a. AMEND Chapter 30 re submission of a construction plan
prior to the excavation of a Farm Pond or a Fish Pond.
b. AMEND Chapter 30 by changing a provision re definition of
a borrow pit, application information, permit and
inspection fees.
c. AMEND Chapter 33 by ADDING provisions re hauling of sand,
gravel, topsoil, fill or other excavated material off an
excavation site.
Resolution referring to the Planning CommissionAmendments to
the City Zoning Ordinance, Site Plan Ordinance and the
Subdivision Regulations:
a. Ordinance changing the definition of a borrow pit.
Ordinance ADDING the requirement to provide hauling
operation information on an application for a Conditional
Use Permit for a borrow pit.
Ce
Ordinance &DDING provisions to the Site Plan Ordinance re
plans and information on hauling operations asociated
with the excavation of stormwater management facilities.
de
Ordinance &DDING provisions to the Subdivision Ordinance
re plans and information on hauling operations associated
with the excavation of Btormwater management facilities
and consideration of the Public Health, Safety and
Welfare in the approval of subdivisions.
Ordinance to authorize the City Manager to execute a Lease
Agreement with James M. and Denise M. Bordeau for a portion of
City Pump Station Site #534 on Dryden Street re extension of
their rear yard (KEMPSVILLE BOROUGH).
Se
Ordinance to authorize the City Manager to execute a Project
Cooperation Agreement (PCA) with the United States Army Corps
of Engineers, Norfolk District, for the Erosion Control and
Hurricane Protection Project re construction and maintenance
from Rudee Inlet to Eight Street, not to exceed $3,705,000
(VIRGINIA BEACH BOROUGH).
0
Ordinance to APPROPRIATE $138,000 from the Sheriff's Inmate
Telephone Fund Revenue to the Department's FY 1995-1996
Operating Budget re increased medical and food service
expenses; and estimated revenue be increased accordingly.
Ordinances to ACCEPT and APPROPRIATE additional federal
prevention grant funding to Mental Health-Mental Retardation-
Substance Abuse (MHMRSA); and, estimated federal revenue be
increased accordingly:
FY 1995-1996 Operating Budget re one time expenses -
$41,600.
FY 1996-1997 Operating Budget re one full time position
be created to support substance abuse prevention programs
- $41,600.
8. Ordinances to authorize temporary encroachments:
Into a portion of the easement adjacent to 2537 Pamlico
Loop to Anthony L. and Barbara L. Asaro re installation
of an inground swimming pool and concrete deck (PRINCESS
ANNE BOROUGH). Deferred 6/4/96
Into a portion of the City's 15-foot maintenance easement
and 150-foot drainage easement at the rear of, and, onto
a portion of City owned property designated as a 100-foot
drainage and public use easement adjacent to 801 Costa
Grande Drive to Ronald L. and Andrea M. Kilmer re
installation of an inground swimming pool and maintenance
of an existing wooden bulkhead (PRINCESS ANNE BOROUGH).
e
Applications for Annual Permit Renewal for private, municipal
and non-profit organizations operating emergency medical
service agencies or vehicles within the City, pursuant to
Section 10.5-2 of the City Code:
Advanced Wheelchair Transport, Inc.
Chesapeake Emergency Medical Service
Chesbay Medical Transport
Children's Hospital of the Kings Daughters
Eastern Medical Transport
Mariners Associates/Ramada Plaza Resort
Medical Transport, Inc.
Mercy/Tidewater Ambulance Service
Nightingale Air Ambulance
Norfolk Fire and Paramedical Services
Ocean Rentals LTD
Virginia Beach Lifesaving Service
10. CERTIFICA?ES OF PUBLIC CONVENIENCE AND NECESSITY:
11.
12.
Beach Taxi, Inc.
Yellow Cab Company
Long Limousine Service
Resolution re the Major Investment Study for the Route 44/
1-264 Corridor (Light Rail) by the Tidewater Transportation
District Commission; that the Planning Commission include
Light Rail in an issue to be considered in the process of
amending the City's Comprehensive Plan; and, that the City
Manager.direct an analysis of the Light Rail alternative to
meet the strategic needs of the City.
Resolution to request the Virginia Department of
Transportation (VDOT) cancel the City's FY1996-1997/01-02 Six
Year Improvement project for the improvement of Jeanne Street
from Independence Boulevard to Constitution Drive, a distance
of approximately 0.2 miles; and, the City agrees to reimburse
the Virginia Department of Transportation (VDOT) for the total
funds expended for this project through the date the
Department is notified of such cancellation.
PUBLIC HEARING - PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
3:00 PM
Application of SANDFORD M. and LAUREL E. ROSENBERG for the
discontinuance~ closure and abandonment of a portion of a 15
foot alley located adjacent to Lots 6 and 18, Block 20,
Croatan Beach, containing 750 square feet (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of BPP DEVELOPERS, INC., a Virginia Corporation
for the discontinuance: closure and abandonment of Lynnhaven
Drive beginning at a point 151.6 feet east of Vista Drive and
running in an easterly direction a distance of 115 feet,
containing 3239 square feet (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of PANDELL BUILDERS, INC., for a ~ to
Section 4.4(b) of the Subdivision Ordinance which requires
that all lots created by subdivision meet all the requirements
of the City Zoning Ordinance at the Southeast intersection of
Reedtown Road and Mason Street, containing 1.9 acre (BAYSIDE
BOROUGH).
Recommendation:
APPROVAL
Application of JANE R. DOWDY for a ~ to Section 4.4(b)
of the Subdivision Ordinance which requires all newly created
lots to meet all requirements of the City Zoning Ordinance on
South Spigel Drive on Lot B of proposed Dowdy Acres,
containing 5.16 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of VIRGINIA METRONET, INC., dba 360°
Communications Company for a Conditional Use Permit for a 150-
foot monopole tower on Lots 49, 50 and 51, Shelton Place (1707
Lawson Drive), containing 25,958 square feet (BAYSIDE
BOROUGH)·
Recommendation: APPROVAL
e
Application of EXXON CORPORATION for a Conditional Use Permit
for a car wash in conjunction with a convenience store and gas
~ at the Southwest corner of London Bridge Road and
General Booth Boulevard (2101 General Booth Boulevard),
containing 39,988 square feet (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
Application of ANNIE B. and FLOYD E. KELLAM, JR., for a ~
of Zoning District Classification from B-1 Neighborhood
~ to Conditional B-2 Community Business District for a
~rive through window on the North side of Princess Anne Road
beginning at a point 680 feet more or less West of the
intersection with North Landing Road, containing 38,419.9
square feet (PRINCESS ANNE BOROUGH).
Staff Recommendation:
Recommendation:
DENIAL
APPROVAL
Application in behalf of the CITY OF VIRGINIA BEACH for the
discontinuance~ closure a~d ~bandonm~n~ of a portion of
Atlantic Avenue beginning at the Southern boundary of Cavalier
Drive and running in a southerly direction a distance of 450
feet more or less, containing 21,938 square feet (VIRGINIA
BEACH BOROUGH).
Deferred Indefinitely:
Approved for Compliance by 4/9/96:
Deferred for Sixty Days:
August 22, 1995
October 3, 1995
April 9, 1996
Recommendation:
FINAL APPROVAL
N. APPOINTMENTS
HAMPTON ROADS PLANING DISTRICT COMMISSION (HRPDC)
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC)
O. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT
* * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
* * * * * * * * *
06/06/96BAP
AGENDA\06-11-96.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 11, 1996
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, June 11, 1996, at 10:00
A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, Harold
Heischober, Barbara M. Henley, Louis P~ Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
William W. Harrison, Jr.
Louisa 34. Strayhorn
[ENTERED: 10:15 A.M.]
[ENTERED: 10:05 A.M.]
-2-
ITEM # 40861
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: 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
21-344 (A) (1).
To Wit: Appointments - Boards and Commissions:
Hampton Roads Planning District Commission
Social Services Board
Tidewater Transportation District Commission
Performance of Appointed Officials
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
Lake Gaston Water Supply Project
FLSA - Fire/Rescue
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
William gE. Harrison, Jr. and Louisa M. Strayhorn
June 1I, 1996
-3-
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 4O862
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, 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;
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: 7- 0
Council Members Voting Aye:
John A. Baum, William W.. Harrison, Jr., Harold Heischober, Barbara
M. Henley, Louis R. Jones, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Robert K. Dean, Mayor Meyera E. Oberndorf
and Vice Mayor William D. Sessoms, Jr.
Mayor Oberndoff, Vice Mayor Sessoms, Council Members Branch and Dean left to attend funeral of
Judge Kellam.
June 11, 1996
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40861 Page No. 2 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby c~rtifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, Co) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
R~h Hodges S~t~th, ~dC/AAE
City Clerk
June 11, 1996
-4-
AGENDA
R E VIE W
11:58 A.M.
ITEM # 4086.t
SESSION
Councilman Harrison inquired relative:
L2 Ordinances to the City Code:
a. AMEND Chapter 30 re submission of a construction plan prior
to the excavation of a Farm Pond or a Fish Pond.
AMEND Chapter 30 by changing a provision re definition of
a borrow pi~ application information, permit and inspection
fees.
Co
AMEND Chapter 33 by ADDING provisions re hauling of
sand, gravel, topsoil, fill or other excavated material off an
excavation site.
Resolution referring to the Planning Commission Amendments
to the City Zoning Ordinance, Site Plan Ordinance and the
Subdivision Regulations:
a. Ordinance changing the definition of a borrow pit.
Ordinance ADDING the requirement to provide hauling
operation information on an application for a Conditional Use
Permit for a borrow pit.
Ordinance ADDING provisions to the Site Plan Ordinance re
plans and information on hauling operations associated with
the excavation of stormwater management facilities.
Ordinance ADDING provisions to the Subdivision Ordinance
re plans and information on hauling operations associated with
the excavation of stormwater nmnagement facilities and
consideration of the Public Health, Safety and Welfare in the
approval of subdivisions.
Councilman Harrison advised of telephone calls from individuals effected by the amendments. Inquiries
arose concerning the retroactive application of amendments, which may put certain existing fish pond
operations currently under construction out of business. In terms of public safety and protection or roads
Councilman Harrison inquired relative the difference in regulating a load of topsoil or fill material being
excavated from a fish pond, storm drainage pond or farm pond different from regulating a load of lumber,
concrete, bricks (heavy construction material) being brought into a building site.
Councilman Baum advised this issue has been complicated by the fact that the fish ponds are not
technically fish ponds. These "fish ponds" are enlarged and, in effect, became borrow pit operations. The
problems arises from borrow pits on the edge of suburban development. The City Attorney advised the
Ordinance being referred to is Section 33-19: hauling of sand, gravel, topsoil, fill, or other excavated
material off an excavation site. This is not a retroactive application, as it does not seek to address
anything occurring in the past. From the date of the passage of said ordinance, anyone hauling will have
to possess a hauling permit. The permit does not prohibit anyone from hauling from a site. Certain
criteria must be met in order to obtain a hauling permit. There is also an appeal process to the City
Manager. If not satisfied with the City Manager's response, the appeal may be made to the Circuit Court.
This Orch'nance is applicable to all existing operations as it is a health, safety and welfare ordinance
adopted under the police powers of the City. Councilman Harrison suggested this Ordinance become
effective September First.
June 11, 1996
-5-
AGENDA REVIEW SESSION
ITEM # 40863 (Continued)
Charles Hassen, Administrator - Development Services Center, advised a borrow pit is regulated by the
State from a mining standpoint and the City regulates same from a land use standpoint. When one is
excavating for a stormwater management facility, these are short in duration. The State is not involved
with these types of facilities, as they are not considered a mining activity. The City has a process
established both for the borrow pit excavation and the haul on and off site: subdivision and site plan
process. The three fish ponds that are "grandfathered" are heavy intense use. The road system needs to
be protected and there were no ordinances to deal with the safety and roadway issue.
Council Lady Henley expressed concerns relative the third criteria for not granting a hauling permit:
The noise or dust generated by the hauling operation is of such
character, intensity and duration as to be detrimental to the life or health
of persons of reasonable sensitivity, or to disturb or annoy the quiet,
comfort or repose of reasonable persons who reside in close proximity to
the hauling operation.
Mr. Hassen advised this section does not apply to excavation operations conducted pursuant to an
excavation permit and a conditional use permit for a borrow pit or to stormwater management facilities
constructed pursuant to approved subdivision construction plans or site plans. Mr. Hassen advised
amended forms for the permit are now in the process of being printed. City Staff must be briefed and
Public Works/Highways will prepare an estimate in the worst case scenario, re the cost to restore the
roadway.
This item will be discussed further during the Formal Session.
June 11, 1996
-6-
CITY MANAGER'S BRIEFING
JOINT BILLING PROJECT - PUBLIC UTILITIES/PUBLIC WORKS/HRSD
ITEM # 40864
BY CONSENSUS, the JOINT BILLING PROJECT - PUBLIC UTILITIES/PUBLIC WORKS/HRSD
was RESCHEDULED.
June 11, 1996
CITY MANAGER'S BRIEFING
VENDING MACHINE ORDINANCE AMENDMENT
12:28 P.M.
ITEM # 40865
Andrew Friedman, Director of Housing and Neighborhood Preservation, advised the City currently has
an Ordinance regulating vending machines in the Resort Tourist Zoning Districts.
OPTIONS FOR VENDING MACHINE ORDINANCE REVISIONS
Restrict Current Ordinance Option 1 Option 2
Number of Maclu'nes Limited to one per lot No limitation No limitation
per lot of Parcel or parcel
Relationship to Require that machines Same as current Strengthen: require
Existing Business be accessory to a the machines be
permitted use "incidental to and
substantially for the
benefit of already
approved businesses
and their customers".
Enclosures Required on three Not required. Not required.
sides.
Which way enclosure Enclosure openings No restriction No restriction
openings must face. must not face the (enclosures not (enclosures not
boardwalk, any park, required), required).
or any improved
connector street plaza
Set Back from Right- Three (3) feet Three (3) feet Five (5) feet in RT-2
of-Way and RT-3, Twenty
(20) feet in RT-1.
During the summer of 1995, members of the RAAC brought to the attention of the City Manager that
Section 23-60 of the Code which governs vending machines on private property was not being enforced.
The Code Enforcement Division of the Department of Housing was assigned the task of enforcing the
ordinance. After issuing warning letters and then notices of violations to offenders of the ordinance, it
became known that there were flaws in the ordinance which prevented anticipated enforcement results.
Further action under the ordinance was deferred until it could be amended and ready for use prior to the
1996 resort season. Representatives of the Department of Housing discussed proposed amendments to the
ordinance at several RAAC meetings. The current version has been provided to members of RAAC, but
has not been formally approved by that body. Through the utilization of slides, Mr. Friedman displayed
various vending machines on Atlantic Avenue and the Boardwalk.
Assistant City Attorney l/'anessa Valldejuli advised, relative the relationship to existing businesses, this is
basically the same legal requirement imposed on all accessory structures.
June 11, 1996
-8-
CITY MANAGER'S BRIEFING
SOCIAL SERVICES BUILDING FINANCING PROPOSAL
1:I0 P.M.
ITEM # 40866
Patricia Phillips, Director of Finance, advised in December 1995, City Council adopted a resolution
approving the construction of a 75,000 square foot Class B office space Social Services building, to be
constructed on the site of the existing Social Services and Health Department facility. City Council
authorized the staff to begin to design and prepare a financing plan for the new facility, with the caveat
that the financing plan enables the City to either own the facility outright or be able to purchase the
facility for a set or nominal fee at the end of any lease term. Finally, Council's resolution authorized City
staff to work with the Virginia Beach Development Authority (VBDA) to determine the least costly and
most expeditious manner to complete design, construction, and financing of the proposed facility.
David Grochma~ Director of General Services, displayed the rendering of the new Social Services
building designed by the firm of KLEMT + Associates, P.C. The existing building would be occupied until
the completion of the new building. The majority of the parla'ng wouM be in the rear of the new building.
This design phase and the preparation of bid specifications is to be completed on June 30, 1996. Assuming
Council's approval of the financing technique in June 1996, the advertisement, bidding, and negotiation
phase couM be completed by October 1, 1996. It is anticipated the construction phase would then start
October L 1996, and be completed by Fall 1997. Mr. GrochmaI advised a fiat roof can work if correctly
designed and installed. There are basically two types of roofs: (1) rubber membrane and (2) built-up roof
with tar and gravel. Most of the buildings on Virginia Beach Boulevard have a "flat" roof.
Mrs. Phillips advised there are unique reimbursement formulas for certain Social Services' costs, which
will have a bearing on the manner in which the proposed facility would be financed. Basically, the City
will receive a greater reimbursement for Social Services' building costs, if the City leases/rents rather than
owns the facility. For example, if the City owns the Social Services facility, it is currently eligible for a
27.8% reimbursement of interest paid plus annual depreciation costs equal to 3% oft he building --
and not land--value only (i.e., the building must be depreciated over a 33-year period and no
deprecation of land value is allowed.) If, on the other hand, the City does not own but leases the facility,
the full annual lease amount wouM be subject to 27.8% reimbursement rate. Because the expected annual
lease payment wouM be greater than the sum of the annual depreciation amount plus related interest
financing cost, a leasing of the facility rather than outright ownership wouM result in a greater cost
reimbursement.
To date, City Council has appropriated $663,780 from the Fund Balance and the Operating Budget. The
remainder is to be financed through some form of debt. Four basic options have been explored for the
financing of this project:
General Obligation bonds
Lease-Revenue debt
Lease from the Virginia Beach Development
which obtains permanent financing
Developer financing
The issuance of debt by either the City or Virginia Beach Development Authority for this project wouM
each have the same impact on the City's debt ratios. The project is expected to cost $7,097,137.
OPTION
City issues its G.O. bonds to buiM the facility. City owns the facility.
In this option, the City would issue its twenty-year term general
obligation bonds to fund the projected building cost. Because the City
wouM own the facility, only a portion (currently 27.8%) of the annual
depreciation costs plus interest expense would be eligible for
reimbursement. Present Social Services regulations require that an owned
facility be depreciated on a straight-line basis over a thirty-three (33)
year period.
June 11, 1996
-8-
CITY MANAGER'S BRIEFING
SOCIAL SERVICES BUILDING FINANCING PROPOSAL
1:10 P.M.
ITEM # 40866
Patricia Phillips, Director of Finance, advised in December 1995, City Council adopted a resolution
approving the construction of a 75,000 square foot Class B office space Social Services building, to be
constructed on the site of the existing Social Services and Health Department facility. City Council
authorized the staff to begin to design and prepare a financing plan for the new facility, with the caveat
that the financing plan enables the City to either own the facility outright or be able to purchase the
facility for a set or nominal fee at the end of any lease term. Finally, Council's resolution authorized City
staff to work with the Virginia Beach Development Authority (VBDA) to determine the least costly and
most expeditious manner to complete design, construction, and financing of the proposed facility.
David Grochma~ Director of General Services, displayed the rendering of the new Social Services
building designed by the firm of KLEMT + Associates, P.C. The existing building wouM be occupied until
the completion of the new building. The majority of the parking would be in the rear of the new building.
This design phase and the preparation of bid specifications is to be completed on June 30, 1996. Assuming
Council's approval of the financing technique in June 1996, the advertisement, bidding, and negotiation
phase couM be completed by October 1, 1996. It is anticipated the construction phase wouM then start
October 1, 1996, and be completed by Fall 1997. Mr. Grochmal advised a fiat roof can work if correctly
designed and installed. There are basically two types of roofs: (1) rubber membrane and (2) built-up roof
with tar and gravel. Most of the buildings on Virginia Beach Boulevard have a "fiat" roof.
Mrs. Phillips advised there are unique reimbursement formulas for certain Social Services' costs, which
will have a bearing on the manner in which the proposed facility wouM be financed. Basically, the City
will receive a greater reimbursement for Social Services' building costs, if the City leases/rents rather than
owns the facility. For example, if the City owns the Social Services facility, it is currently eligible for a
27.8% reimbursement of interest paM plus annual depreciation costs equal to 3% of the building --
and not land--value only (i.e., the building must be depreciated over a 33-year period and no
deprecation of land value is allowed.) If, on the other hand, the City does not own but leases the facility,
the full annual lease amount would be subject to 27.8% reimbursement rate. Because the expected annual
lease payment would be greater than the sum of the annual depreciation amount plus related interest
financing cost, a leasing of the facility rather than outright ownership would result in a greater cost
reimbursement.
To date, City Council has appropriated $663,780 from the Fund Balance and the Operating Budget. The
remainder is to be financed through some form of debt. Four basic options have been explored for the
financing of this project:
General Obligation bonds
Lease-Revenue debt
Lease from the Virginia Beach Development
which obtains permanent financing
Developer financing
The issuance of debt by either the City or Virginia Beach Development Authority for this project would
each have the same impact on the City's debt ratios. The project is expected to cost $7,097,137.
OPTION ,4
City issues its G.O. bonds to build the facility. City owns the facility.
In this option, the City would issue its twenty-year term general
obligation bonds to fund the projected building cost. Because the City
wouM own the facility, only a portion (currently 27.8%) of the annual
depreciation costs plus interest expense would be eligible for
reimbursement. Present Social Services regulations require that an owned
facility be depreciated on a straight-line basis over a thirty-three (33)
year period.
June 11, 1996
-9-
CITY M,4N,4GER'S BRIEFING
SOCL4L SERVICES BUILDING FINANCING PROPOSAL
ITEM # 40866 (Continued)
The discounted (@ 6%) present value of this option 'S net cost to the City
is $5,377,303 at the end of the twenty year financing period and
$5,212,204 at the end of the thirty-three year depreciation period. While
this may not be the lowest discounted net cost option, it does have the
advantage of the City having absolute ownership of the facility.
OPTION B
City issues a form of lease supported appropriation-based dept to build
the facility. City owns the facility.
In this option, rather than issue G.O. debt, the City would utilize a twenty
year term appropriation-based financing to fund the building cost.
,4gain, because the City wouM own the facility, only a portion (currently
27.8%) of the annual depreciation cost plus interest expense would be
eligible for reimbursement. As indicated in the discussion regarding
Option .4, present Social Services regulations require that an owned
facility be depreciated on a straight-line basis over a thirty-three (330
year period.
The discounted (@ 6%) present value of this option 'S net cost to the City
is $5,471,207 at the end of the twenty year financing period and
$5,305107 at the end of the thirty-three year depreciation period.
OPTION C
City sells existing site to VBD,4 for $2,500,000 (current market value).
VBD,4 obtains financing covering cost of land and $7,100,000 building
construction cost. City leases, with an appropriation clause, new facility
from F'BDA, with lease payments equal to current market lease rates.
Creditors are secured by City's lease and a security interest in the
property.
While this option carriers the highest projected debt service, it has the
lowest discounted present value of net cost to the City at $3,797,844 after
the end of the twenty year financing term and $3,049,663 at the end of
the thirty-three year period. This occurs because this option allows the
City to receive the greatest federal formula reimbursement through the
State. The City's reimbursement is enhanced by leasing the facility from
VBD,4 at current market lease rates, which is the maximum amount
allowable for inclusion in the formula reimbursement. The difference
between the lease payment ($975,000) and the annual debt service
(approximately $820,000) can be utilized to establish a fund for future
renovation/refurbishment. While renovation/refurbishment expenses will
be incurred regardless of the financing option selected, their treatment
in this manner on this option will enable the City to immediately receive
the full 27.8°/, reimbursement on these costs. This option would result
in I/BD,4 rather than the City owning the facility. The precedent for this
type of relationship between the City and VBDA has been established
with the amphitheater project. At the end of the original twenty-year
lease term, City Council can decide if it wishes to continue to lease the
facility from VBD,4. Should City Council elect to continue the lease
arrangement, both the City and VBDA could benefit. VBDA's benefit
would be the continuation of lease revenues after debt service payments
on the original construction have ended. At the same time, these
continued lease payments could serve to supplant or offset whatever other
funds the City Council at that time might be appropriating to VBDA for
economic development purposes.
June IL 1996
- 10 -
CITY MANAGER'S BRIEFING
SOCIAL SERVICES BUILDING FINANCING PROPOSAL
ITEM # 40866 (Continued)
It is also important to note that, at closing, the City wouM receive $2.5-
MILLION from the sale of land to VBDA, as well as the reintbursement
of $663,780 the City has appropriated from general fund balance attd the
operating budget for this project. These funds could then be restricted for
use to offset the required lease payments under this option.
OPTION D
Once the design is complete, the City could bid the design out for a
developer to both build and finance the facility. The land could be
leased (or sold) to the private entity, with the City then leasing back the
land and building.
Under this option, the private entity would own the building and obtain
its own financing to be secured by a long-term lease agreement with the
City. The lease payments by the City would be eligible for the previously
mentioned formula reimbursement. However, the disadvantages include:
(I) underlying financing would be at taxable rates; (2) the private entity,
rather than the City would own the facility at the end of the lease-term;
and (3) the City's lease wouM likely include inflationary increases.
Because t~xable interest rates for this option would be 250-300 basis points greater than the true interest
cost under Option C and a private entity rather than the City would own the facility, staff does not
recommend this option and no cost analysis has been prepared.
Option C has the lowest discounted net cost to the City. While VBDA rather than the City would own the
property, the property nevertheless remains within the Virginia Beach ".family" so to speak, and City
Council should always have a say in its use and disposition. To that extent, City staff believes Option C
comports with Council's goals as expressed in the aforementioned December 1995 resolution and, based
on all factors considered, recommends this option as the preferred means of financing a new Social
Services building.
BY CONSENSUS, the necessary items will be SCttEDULED for the City Council Session of June 25,
1996.
Resolution directing the City Manager to request VBDA to work with
the City as necessary in all aspects to include (1) purchase of the site
by VBDA; (2) negotiation of a lease agreement, between I/'BDA and the
City; (3) action by VBDA to seek appropriate financing for this facility
and (4) initiation of plans by VBDA for managing the project.
June 11, 1996
- 11 -
AGENDA REVIEW SESSION
(Continued)
1:48 P.M.
ITEM # 40867
Council Lady Henley expressed concern relative the New Election District Maps for City Council and
School Board on file in the Public Libraries. The citizen must go to the library desk and request the maps.
They are not postecL
The City Attorney advised mailings were forwarded to each of the Civic Organizations advising of the
location of the maps.
Council Lady Parker inquired relative:
ITEM # 40868
L.5 Ordinance to authorize the City Manager to execute a Project
Cooperation Agreement (PCA) with the United States Army
Corps of Engineers, Norfolk District, for the Erosion Control
and Hurricane Protection Project re construction and
maintenance from Rudee Inlet to Eight Street, not to exceed
$3,705,000 (VIRGINIA BEACH BOROUGH).
The City Manager advised the storm drainage system will be installed as a part of this project, but it will
&'scharge onto the Beach until Phase H is completed. The City will not have to go back and tear out
anything and install the pumping lines. At Eighth Street, there will be a temporary drain discharging onto
the Beach, until Phase H is completed.
ITEM # 40869
The following items will be discussed further during the Formal discussion to enable the City staff and
the applicants to provide additional information:
L. 8. Ordinances to authorize temporary encroachments:
go
Into a portion of the easement adjacent to 2537 Pamlico Loop
to Anthony L. and Barbara L. Asaro re installation of an
inground swimming pool and concrete deck (PRINCESS ANNE
BOROUGH). Deferred 6/4/96
Into a portion of the City's 15-foot maintenance and 150-foot
drainage easement at the rear of, and, onto a portion of City
owned property designated as a lO0-foot drainage and public
use easement adjacent to 801 Costa Grande Drive to RonaM
L. and Andrea M. Kilmer re installation of an inground
swimming pool and maintenance of an existing wooden
bulkhead (PRINCESS ANNE BOROUGH).
June 11, 1996
- 12 -
AGENDA REVIEW SESSION
ITEM # 40870
Councilman Harrison inquired in what year this project first received funding under the CIP.
L12
Resolution to request the Virginia Department of Transportation
(I~DOT) cancel the City's FY1996-1997/01-02 Six Year
Improvement project for the improvement of Jeanne Street from
Independence Boulevard to Constitution Drive, a distance of
approximately 0.2 miles; and, the City agrees to reimburse the
Virginia Department of Transportation O/DOT) for the total
funds expended for this project through the date the Department
is notified of such cancellation.
John Herzke, City Engineer, advised the funding becomes available this Fiscal Year for the intersection
improvements at Jeanne Street and Constitution Drive.
ITEM # 40871
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORD INANCES/~S OL UTI ONS
L. 1
Ordinance to modify Residential Districts 5 and 6 by moving
the boundary along Inlynnview Road, between the Lynnhaven
River to the West and Great Neck Road to the East,
southwardly to the centerline of Wolfsnare Creek
(LYNNHAVEN BOROUGH).
L. 4
Ordinance to authorize the City Manager to execute a Lease
Agreement with James M. and Denise M. Bordeau for a
portion of City Pump Station Site #534 on Dryden Street re
extension of their rear yard (KEMPSVILLE BOROUGH).
L. 5
Ordinance to authorize the City Manager to execute a Project
Cooperation Agreement (PCA) with the United States Army
Corps of Engineers, Norfolk District, for the Erosion Control
and Hurricane Protection Project re construction and
maintenance from Rudee Inlet to Eighth Street, not to exceed
$3,705,000 (VIRGINIA BEACH BOROUGH).
L.6
Ordinance to APPROPRIATE $138,000 from the Sheriff's
Inmate Telephone Fund Revenue to the Department's FY 1995-
1996 Operating Budget re increased medical and food service
expenses; and estimated revenue be increased accordingly.
L. 7
Orch'nances to ACCEPT and APPROPRIATE additional
federal prevention grant funding to Mental Health-Mental
Retardation-Substance Abuse (MHMRSA); and, estimated
federal revenue be increased accordingly:
a. FY 1995-1996 Operating Budget re one time expenses -
$41,600.
FY 1996-1997 Operating Budget re one full time position be
created to support substance abuse prevention programs -
$41,600.
- 13 -
AGENDA RE VIEW SESSION
ITEM # 40871 (Continued)
L. 9 Applications for Annual Permit Renewal for private, municipal
and non-profit organizations operating emergency medical
service agencies or vehicles within the City, pursuant to Section
10.5-2 of the City Code:
Advanced Wheelchair Transport, Inc.
Chesapeake Emergency Medical Service
Chesbay Medical Transport
Children 'S Hospital of the Kings Daughters
Eastern Medical Transport
Mariners Associates/Ramada Plaza Resort
Medical Transport, Inc.
Mercy/Tidewater Ambulance Service
Nightingale Air Ambulance
Norfolk Fire and Paramedical Services
Ocean Rentals LTD
Virginia Beach Lifesaving Service
LIO CERTIFICATES
NECESSI'IY:
OF PUBLIC CONVENIENCE AND
Beach Taxi, Inc.
Yellow Cab Company
Long Limousine Service
L12
Resolution to request the Virginia Department of Transportation
(VDOT) cancel the City's FY1996-1997/01-02 Six Year
Improvement project for the improvement of Jeanne Street from
Independence Boulevard to Constitution Drive, a distance of
approximately 0.2 miles; and, the City agrees to reimburse the
Virginia Department of Transportation (VDOT) for the total
funds expended for this project through the date the Department
is notified of such cancellation.
June 11, 1996
- 14 -
AGENDA REVIEW SESSION
ITEM # 40872
Councilman Jones inquired relative:
M. 5 Application of VIRGINIA METRONET, INC., dba 360°
Communications Company for a Conditional Use Permit for a
150-foot monopole Wwer on Lots 49, 50 and 51, Shelton Place
(1707Lawson Drive), containing 25,958 square feet (BAYSIDE
BOROUGH).
The City Manager advised of a City staff meeting relative suggestions to defer items relative towers until
a regional standard could be devised. The City Manager advised Virginia Beach is further along than the
other cities in this area and this system should be ready for implementation this Fall. Therefore, the City
Manager suggested these Conditional Use Permits be approved rather than DEFERRED.
ITEM # 40873
Councilman Dean requested this item be discussed during the Formal Session to advise the citizens re the
landscaping.
M. 6 Application of EXXON CORPORATION for a Conditional Use
Permff for a car wash in conjunction with a convenience store
and gas pumps at the Southwest corner of London Bridge Road
and General Booth Boulevard (2101 General Booth Boulevard),
containing 39,988 square feet (PRINCESS ANNE BOROUGH).
ITEM # 40874
Jim latwson, Real Estate, advised in an attempt to have this project on course and meet the schedule for
this season, the actual fee owner of a portion of Atlantic Avenue was the Virginia Department of
Transportation, and they had to be participants in the closure. There will be an exchange of deeds
between the landowner and the State.
M8 Application in behalf of the CITY OF VIRGINIA BEACH for
the discontinuance, closure and abandonment of a portion of
Atlantic Avenue beginning at the Southern boundary of Cavalier
Drive and running in a southerly direction a distance of 450
feet more or less, containing 21,938 square feet (VIRGINIA
BEACH BOROUGH).
ITEM # 40875
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
M. 1 Application of SANFORD M. and LAUREL E. ROSENBERG
for the discontinuance, closure and abandonment of a portion
of a 15-foot alley located adjacent to Lots 6 and 18, Block 20,
Croatan Beach, containing 750 square feet (LYNNHAVEN
BOROUGH).
June IL 1996
- 15 -
AGENDA REVIEW SESION
ITEM # 40875 (Continued)
M3 Application of PANDELL BUILDERS, INC., for a Variance
to Section 4.4(b) of the Subdivision Ordinance which requires
that all lots created by subdivision meet all the requirements of
the City Zoning Ordinance at the Southeast intersection of
Reedtown Road and Mason Street, containing 1.9 acre
(BAYSIDE BOROUGH).
M4 Application of JANE R. DOWDY for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires all newly
created lots to meet all requirements of the City Zoning
Ordinance on South Spigel Drive on Lot B of proposed Dowdy
Acres, containing 5.16 acres (LYNNHAVEN BOROUGH).
M5 Application of VIRGINIA METRONET, INC., dba 360°
Communications Company for a Conditional Use Permit for a
150-foot monopole tower on Lots 49, 50 and 51, Shelton Place
(1707 Lawson Drive), containing 25,958 square feet (BAYSIDE
BOROUGH).
M6 Application of EXXON CORPORATION.for a Conditional Use
Permit for a car wash in con. Junction with a convenience store
and gas pumps at the Southwest corner of London Bridge Road
and General Booth Boulevard (2101 General Booth Boulevard),
containing 39,988 square feet (PRINCESS ANNE BOROUGH).
M8 Application in behalf of the CITY OF VIRGINIA BEACH for
the discontinuance, closure and abandonment of a portion of
Atlantic Avenue beginning at the Southern boundary of Cavalier
Drive and running in a southerly direction a distance of 450
feet more or less, containing 21,938 square feet (VIRGINIA
BEACH BOROUGH).
- 16 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
June I1, 1996
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 11, 1996, at 2:00 P.M.
Council Members Present:
John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend William S. Campbell
Aragona Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 17-
Item V-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 40876
The EXECUTIVE SESSION WAS CERTIFIED TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS, IMMEDIATELY FOLLOWING THE EXECUTIVE SESSION IN THE CITY COUNCIL
CONFERENCE ROOM (11:55.4~1.)
June 11, 1996
- 18 -
Item V-F. 1.
MINUTES
ITEM # 40877
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of June 4, 1996.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Barbara M.
Henley, Louis R~ Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William gE. Harrison, Jr. and Harold Heischober
Council Members Absent:
None
June 11, 1996
- 19 -
Item V-G.
ADOPT AGENDA
FOR FORM~IL SESSION
ITEM # 40878
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 11, 1996
- 20 -
Item V-L1.
PRESENTATION
ITEM # 40879
Mayor Oberndorf PROCLAIMED:
JUNE 11, 1996
CAPTAIN WILLIAM H. SHUR TLEFF DA Y
Captain William H. Shurtleff, Commander, Naval Air Station, Oceana, will complete his tour of duty.
Captain Shurtleff has made OCEANA, the largest corporate citizen in Virginia Beach, an integral part
of what makes Virginia Beach great, including extensive work with Crime Stoppers, the successful effort
to have Oceana become "home" to the majority of the East Coast F/A-18s and all of the Navy's F-14s.
Mayor Oberndorf PRESENTED the street sign renaming the road into OCEANA in honor of the new
airplane coming to Virginia Beach "HORNET DRIVE".
Captain Shurtleff ACCEPTED the Proclamation and street sign with appreciation.
June 11, 1996
NOW, THEREFORE, I,
PROCLAIM:
e~ ~ bye ote~ become t~ ~ b t~ ~on~ of the ~ co~ F/A-lBS ~ a~ of the
th~ ~jor t~l ~; ~ ~d t~ c~ ~ly on n m~d of ~t~, mch ~ ~es of
eom?ntlbtll~ ~th ~ m~on of o~ ~ ~ ~ br Pohg ~ Fire ~o~cflon; ad he
~a z. o~, ~ayor of ~e ci~ of vtrgt.~ seth, vtr~ma, ~
JUNE 11, 1996
CAPTAIN WILLIAM H. SHURTLEFF DAY
la vlr~ s.t& m~ wish him ~tlnud ~cess In sm, let to the N~y tu~ to the Nation. vurthermort,
cl~ to dmongratt their ~c~ for ~ tone.ns ~t by cny~n shurtlt~ ~ all ~mbm of the Armed
Strvlces in our cll~.
vir~l,~, ~ ~ ~ ~u E~th m7 ,f~, ~ ~r~ ~ ~-SU.
/-
Ma~or
- 21 -
PRESENTATION
ITEM it 40880
Mayor Oberndorf RECOGNIZED:
JUNE 11, 1996
CAPE HENR Y COLLEGIA TE DA Y
The Cape Henry Collegiate Team is the Worm Champion in the Odyssey of the Mind Worm Finals.
This competition featured more than 5,000 participants from the United States and twenty foreign
countries.
This RESOLUTION was ACCEPTED by CAPE HENRY COLLEGIATE'S ODYSSEY OF THE MIN
TEAM:
Lauren Fisher
Lauren Schiff
Mahdi Warren
Brian Fry
Elizabeth Siteman
Rachel Wagner
Anne Ruehrmand
Coaches: Susan Fisher and Peg Warren. Cape Henry's Odyssey of the Mind Coordinator and Co-
Director of Tidewater's Program: Bill Wagner.
Odyssey of the Mind is the worM's largest creative problem-solving program for school-aged students.
Students choose one of five complex problems to solve. Judges award points for the effectiveness of
solutions, style shown in the presentation and response to a spontaneous problem given to teams at the
competition.
June 11, 1996
The Cape Hmr/, Coilegtale Team ~rom Virginia Beach is Ibc WorLd Champion in lire
Odyssey 05 Ihe Mind World Finals;
Thl~ competition ~ealurrd more Ihan $,000 parlldpanls j~om (he U.S. and Iwenly
~orelgn munlrles;
The sludeab ~rom Cape HenrI, Collzglale wed(ed dlligmll!, all tear Io prepare for
mmpelillon;
This honor has made Virginia Beach proud and given our dly inlernalional
rgmgnitlon. ~
NOW, TLIEREFORE, BE IT BI~OLVED BY TIlE COUNCIL OF TIlE CITY OF VIRGINIA BEACH TIIAT:
JUNE 11, 1996
IS CAPE HENRY COLLEGIATE DAY
Given under our hands and seals lids Ele~nlh Day oS June, Nineteen Hundred and NinelF-Six.
)ohn A. Baum
Un~ood O. llr~h, !!i
Handd flelsdwber
l~rbam M. flmlel~
Nanc~ K. Parker
Louisa M. Strarhom
Will/am D. Sessoms, ~r.
Vice Mayor
- 22 -
Item V-I. 3.
PRESENTATION
ITEM # 40881
Mayor Oberndorf RECOGNIZED:
JUNE II, 1996
COX HIGH SCHOOL DA Y
Cox High School was the first Virginia Beach Public School to attend the Odyssey of the Mind World
Finals. Cox High School ranked Fourth in Spontaneous Problem Solving and Nineteenth in Long Term
Problem Solving in this worldwide competition.
This RESOLUTION was ACCEPTED by Members of COX HIGH SCHOOL'S ODYSSEY OF THE
MIND TEAM:
Adam Law
Diane Peters
Jackson Weller
Jeff Bowles, Nathan Cummings, Steve Bull, Ed Carden and their Coach, Mrs. Chris Peters, were
unable to attend.
Councilman Harrison also advised COX HIGH SCHOOL WON THE STATE HIGII SCHOOL
BASEBALL CHAMPIONSHIP on June 10, 1996.
June 11, 1996
Beso u on
H~iERF~$:
Cox High School was lhe.first ¥i~glula Beach public Khooi lo go Io the Odl, ss~ of Ihe
Mind World F/nab;
Cox High School ranked ]ourlh in $ponlantous Problt, m Sob4ng and uineleenlh in
Long Term Pmbit. m ~ohdflg in Ibis woddwid~ mmptflflon;
This ¢ompeliflon ytalurrd more Ihan $,000 parfldpanls ~rom IIw U.S. and Iwmll~
foreign tounlries;
The studmls./rom ~z High School workd dili§mlll~ lo smxeed al I/ds lt,~! and Io
in'lng Ibis rewgniflon Io Ihe Clly o./¥trgini-, IlaU~lL
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH THAT:
JUNE 11, ~996
IS COX HIGH SCHOOL DAY
Gi,~m up~d~ our hands and seals lids Eltq, mth Day o~lun~ Ninelten Hundred and Ninell~iX.
loire A. Barn
lJnwood O. Branch, !ii
Rolm~ lt. Dean
Harold Heischober
Bad,ara 81. Hmk.~
Louis K lon~s
NamT it. Parker
Ma~or ~
w'miam i). Sessoms, Ir.
Vice Ma~or
- 23 -
Item V-L4.
PRESENTATION
ITEM # 40882
Mayor Oberndorf RECOGNIZED:
JUNE 11, 1996
OCEAN LAKES HIGH SCHOOL DA Y
Ann Lingraff-Newton, Mathematics Teacher, Ocean Lakes High School, advised 60 students and 15
teachers were involved in the Ocean Lakes High School Rocket Project. Mrs. Lingraff-Newton expressed
appreciation:
Lee Rich
Ronnie Stephenson
Elizabeth Lee-Rausch
David Hahn
Dr. Dianne DeTurris
Dr. Knut Oxnevad
Jerry Deviney
Dr. Carol Cash
Scott Brown
Rob Stover
Jeff Steckroth
Pat Maturo
Steven Carter
Michelle Bailey-Hennessey
Brian Alexander
Jeff Goldstein
Patti Dunkum
Lisa Patterson
Kerri Albertson
Congressional Affairs Officer
NASA
Congressional Affairs Office
NASA
Chairperson, AL4A
President - National Space Society,
Langley Chapter
National Space Society,
Rocket Project Coordinator
National Space Society, Past President
Principal - Ocean Lakes High School
Math & Science Magnet Coordinator
Ocean Lakes High School
Materials, Science, Small Engines
Ocean Lakes High School
Electronic, Applied Physics
Ocean Lakes High School
AP Calculus/Algebra 2, Trigonometry
Ocean Lakes High School
Physics/Applied Physics/Chemistry
Ocean Lakes High School
Oceanography/Environmental Issue¥/
Earth & Space Sciences
Ocean Lakes High School
Earth Science - Ocean Lakes High School
Oceanography/Earth Science
Ocean Lakes High School
Math/Computer Program/Design/
Math Modeling/Optimization
Ocean Lakes High School
Work/Family Structures/Sewing
Ocean Lakes High School
Math - Ocean Lakes High School
Virginia Beach Schools Public Information
Mrs. Lingraff-Newton expressed appreciation to Councilman Robert Dean for his vision and confidence.
Mrs. Lingraff-Newton presented Councilman Dean with a plaque signifying gratitude for his dedication
to the project.
Mrs. Lingraff-Newton expressed further appreciation to business sponsors: WVEC-TV and Texas
Instruments.
Jttne 11, 1996
Studt. nls from Ocr. au lakes High School look pad in a rockt! launch on Mat' 30 on
Wallops Island;
This' was a join! projcc! tsd!h NASA who assislzd !he sludenis In designing and
building the roche! and ils pai'iood;
Ocean lakes Hh3h School has btm desi§naled as the new science and mlh magnet
schoolJ'or the Vir~luM Beach Public School
!1 is hol~.d Ilml Ibis ~111 !~ IhejI~l oJ humr NAS~4kemt Ldtes l,rojeds.
NOW, THEREFORE~ BE IT RESOLVED BY TIlE COUNCIL OF TIlE CITY OF VIRGINIA BEACH THAT:
JUNE 11, 1996
IS OCEAN LAKES HIGH SCHOOL DAY
Gh'm under our hands and seals lids lle~nlh Da!' oSJufle, Nifleleen Hundrzd and Niflely-SIx.
John A. Baum
Ltuwood O. Bram~ I!!
Robert lt. Dean
W.W. Harrison,
Barbara ~. HmleF
Louis It)om NamT it Parker '- Lou/sa ~. Stral4wrn
Merera ~. Ob~
William D. Sessoms, Jr.
Vice JVia~or
- 24 -
Item V-I. 5/6
PRESENTATION
ITEM # 40883
Mayor Oberndorf PRESENTED:
MISS VIRGINIA BEACH
Courtney Criswell
MISS TIDEWATER
Tracy Blizzard
Courtney is a second Year student at ODU, on the Dean's List. She was a 1995 Honor Graduate of Cox
High School. Her career ambitions are to become a speech language pathologist, to continue to use her
vocal talents as a means of communication and to be a loving wife and mother.
Tracy Blizzard is a Graduate of Bethel High School in Hampton and has a Double Major in Broadcast
Journalism/Chinese at the University of Maryland. Her career ambitions are to dance professionally for
a modern dance company and to open a studio that encompasses the spectrum of fine arts.
Mayor Oberndorf PRESENTED Pewter Cups engraved with the City Seal to each Beauty Queen.
June 11, 1996
Item V-J. 1.
COUNCIL COMMITTEE REPORT
ITEM # 40884
Patricia .4. Phillips, Director of Finance, advised on June 11, 1996, at ll:OO A.M., the City received six
separate bids on its $58,000,000 General Obligation Public Improvement Bonds, Series of 1996. The true
interest cost to the City of each of the bids is as follows:
Syndicate Headed
True Interest Cost
Prudential Securities 5.622%
First Union 5.634%
Morgan Stanley 5.643%
Paine Webber 5.657%
Merrill Lynch 5.680%
Craigie, Inc. 5.687%
The true interest cost of the winning bid by Prudential Securities of 5.622% was 22 basis points below
last week's II-Bond G.O. Index. The City's financial advisors, Government Finance .4ssociates, Inc. and
the Government Finance Group, recommended the City accept the low bid of Prudential Securities.
Therefore, based on the resolution adopted by City Council on June 4, 1996, the bonds have been
awarded to Prudential Securities.
June 11, 1996
- 26 -
Item V-ICl.
PUBLIC HEARING
ITEM # 40885
Mayor Oberndorf DECLARED A PUBLIC HEARING:
REAPPORTIONMENT OF DISTRICT NO. 5.
(Movement of the boundary line front lnlynnview Road to Wolfsnare Creek)
Bill Bueno - Chair - Great Neck Association of Civic Leagues, Phone: 481-1740, spoke itt SUPPORT
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
Jvne 11, 1996
- 27 -
Item IV-L.
ORDINANCES/RESOLUTIONS
CONSENT AGENDA
ITEM # 40886
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council APPROI ED in ONE
MOTION Items 1, 4, 5, 6, 7, 9, 10 and 12 of the CONSENT AGENDA (Ordinances/Resol~ttions).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Jvne 11, 1996
- 28 -
ORDINANCES/RESOL UTIONS
ITEM # 40887
CONSENT AGENDA
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to modify Residential Districts $ and 6 by moving the
boundary along Inlynnview Road, between the Lynnhaven River to the
West and Great Neck Road to the East, southwardly to the centerline of
Wolfsnare Creek (LYNNHAVEN BOROUGH).
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert 32 Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones,
Mayor Meyera E. Oberndorf, Nancy 32 Parker, Vice Mayor William D.
Sessotns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Jztne 11, 1996
Requested by Councilmember W.W. Harrison
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AN ORDINANCE MODIFYING THE BOUNDARY
BETWEEN RESIDENCE DISTRICTS 5 AND 6,
USED FOR ELECTION OF CITY COUNCIL
AND SCHOOL BOARD MEMBERS
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WHEREAS, on February 6, 1996, by ordinance, Council
established seven (7) approximately equally populated residence
districts for election of city Council Members and School Board
Members, as required by Chapter 697 of the Acts of Assembly of
1995, which districts are more particularly described on the map of
Plan D-3 and other exhibits attached to Council's ordinance of
February 6, 1996; AND,
WHEREAS, on April 23, 1996, citizens of the Inlynnview
neighborhood of the City and the Inlynnview Civic League appeared
before City Council and requested that the boundary line between
Districts 5 and 6 be modified so that their Civic League would not
be split between Districts 5 and 6 and specifically requested the
boundary between these Districts, which runs along Inlynnview Road
between the Lynnhaven River, to the West, and Great Neck Road, to
the East, be moved southwardly to the natural boundary of the
centerline of Wolfsnare Creek, all of which area is more
particularly shown on the eight and one-half (8 1/2) by eleven (11)
inch map prepared by Election Data Services, dated May 23, 1996,
attached hereto, marked Exhibit A; and
WHEREAS the City Attorney and the expert employed by the
City Attorney, Election Data Services, have concluded that this
modification meets legal requirements; and,
WHEREAS Council has held a Public Hearing to receive
citizen comment on the proposed modification and the modification
will not disrupt the balance of the plan adopted by Council on
February 6, 1996.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the residence districts for election of City Council
members and School Board members adopted by Council on February 6,
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That the residence districts for election of City Council
members and School Board members adopted by Council on February 6,
1996, are hereby modified so as to change the boundary between
Districts 5 and 6 by moving the boundary along Inlynnview Road,
between the Lynnhaven River to the West and Great Neck Road to the
East, southwardly to the centerline of Wolfsnare Creek all as more
particularly shown on the 8 1/2 x 11 inch map of the area, prepared
by Election Data Services, dated May 23, 1996, attached hereto and
made a part hereof, marked Exhibit A; and
BE IT FURTHER ORDAINED that the City Attorney is directed
to modify, label, and reproduce all documents necessary to reflect
this modification, including but not limited to, the map of the
residence districts which was attached to the ordinance of February
6, 1996, marked Exhibit A, the Metes and Bounds Report which was
attached to the ordinance of February 6th and marked Exhibit B, and
the list of census block assignments which was attached to the
ordinance of February 6th and marked Exhibit C.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of June , 1996.
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CA-6351
ORDIN\NONCODE\DISTRICT.ORD
R-1
PREPARED: June 5, 1996
APPROVED 4S TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
¢nt ~f Law -~
2
POPULAI'ION ANL) Vg) lING AGE i"'L)PULAI ION
CHANGES MADE BY PLAN D-4 TO PLAN D-3
PLAN D-4 '1'/-
TOTAL POPULATION
District 5 56,627 + 1,456
District 6 55,460 1,456
55,171
56,916
TOTAL WHITE
District 5 52,636 + 1,401 51,235
District 6 45,284 1,401 46,685
TOTAL BLACK
District 5
District 6
2,630 + 20
8,523 - 20
TOTAL NATIVE
District 5
District 6
123 + 1
274 - 1
TOTAL ASIAN
District 5
District 6
983 + 33
815 - 33
TOTAL OTHER
District 5
District 6
255 + 1
564 I
2,610
8,543
122
275
950
848
254
565
TOTAL OVER 18
District 5 43,181 + 1,146 42,035
District 6 41,451 1,146 42,597
TOTAL OVER 18 (WHITE)
District 5
District 6
40,322 + 1,107 39,215
34,561 - 1,107 35,668
TOTAL OVER 18 (BLACK)
District 5
District 6
TOTAL OVER 18 (NATIVE)
District 5
District 6
1,883 + 14
5,711 - 14
TOTAL OVER 18 (ASIAN)
District 5
District 6
88 + 1
202 - I
DISTRICT.CHT
722 + 23
582 - 23
1,869
5,725
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- 29 -
ORDINANCES/RESOLUTIONS
ITEM # 40888
The following spoke in SUPPORT of the Ordinance:
Fred Gray, 3277 Colchester Road,
Donald Denkce, 2004 Las Croces Court, Phone: 430-0104
The following spoke in OPPOSITION:
Gale Levine, 2748 Atwoodtown Road, Phone: 496-7000
Steve Barnes, 1100 McClanan Lane
Upon motion by Councilman Baum, seconded by Councilman Dean, City Council ADOPTED:
Ordinances to the City Code:
Ordinance to AMEND Chapter 30 re submission of a
construction plan prior to the excavation of a Farm Pond or a
Fish Pond.
Ordinance to AMEND Chapter 30 by changing a provision re
definition of a borrow pit, application information, permit and
inspection fees.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Yoting Nay:
William W. Harrison, Jr.
Council Members Absent:
None
Jzfne 11, 1996
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AN ORDINANCE TO AMEND CHAPTER 30 OF
THE CITY CODE BY CHANGING THE
PROVISIONS PERTAINING TO THE
DEFINITION OF A BORROW PIT,
APPLICATION INFORMATION AND PERMIT
AND INSPECTION FEES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 30-16, 30-19, 30-20, 30-37 and 30-44 of the Code
of the city of Virginia Beach, Virginia, are hereby amended and
reordained to read as follows:
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Sec. 30-~6. Definition.
For the purpose of this article, the term ,'borrow pit'' means
any operation involving the breaking or disturbing of the surface
soil or rock, where the primary purpose of the operation is to
facilitate or accomplish the extraction or removal of sand, soil,
gravel, fill or other similar material. Specifically exempt from
this definition are the following:
(1) Any excavation for roads, drainage, stormwater management
facilities as defined in the city stormwater management
ordinance (Appendix D), or similar features necessarily
incidental to, and in accordance with, the approved
construction plans for a residential subdivision or other
similar development activityT£ cvcn
~t~ '~i .... ~ ~ ~'~ ~itc .... ~ provided
however, if the depth or surface area of the excavation
exceeds that of the approved construction plans and the
excavated material is hauled offsite, an excavation
permit and conditional use permit for a borrow pit must
be obtained.
(2) Any excavation for the sole purpose of conducting a bona
fide agricultural operation, including, but not limited
to, excavations to improve drainage, provide watering
facilities for livestock, create a holding lagoon for
animal waste~ or farm ponds or fish ponds; provided that
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(3)
(4)
(5)
(6)
(7)
Accessibility for maintenance without adversely impacting
adjacent properties.
Density of population in the immediate area.
Traffic volume and safety issues on adjacent roadways.
Design and structural integrity of adjacent roadways.
Protection of trees and other environmental
considerations.
A violation of this section shall constitute a Class 3
misdemeanor.
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Adopted by the city Council of the city of Virginia Beach on
this 11th day of June, 1996.
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CA-6300
DATA/ORDIN/PROPOSED/30-1.ORD
MAY 8, 1996
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APPROVED AS 'TO CONTENT
APPROVED AS 'TO LEGAL
SUF~C~NCY
D¢i~rtmcnt ox ~.ew ~
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AN ORDINANCE TO AMEND CHAPTER 30 OF
THE CITY CODE BY REQUIRING THE
SUBMISSION OF A CONSTRUCTION PLAN
PRIOR TO THE EXCAVATION OF A FARM
POND OR A FISH POND
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section of the Code of the city of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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.A~--~- ,A_ eExcavations for farm ponds or fish
Sec. 30-1 ............. "
ponds for bona fide agricultural operations.
(a) This section shall only apply to farm ponds or fish Dond~
for bona fide agricultural operations, and not to borrow pits as
defined in the city zoning ordinance (appendix A) or stormwater
management facilities as defined in the stormwater management
ordinance (appendix D).
(b) Prior to the excavation for a farm pond or fish pond, th~
property owner shall submit to the director of the department of
agriculture a construction plan showinq the location, dimension and
depth of the proposed excavation and the intended use and location
of the excavated material.
'~' (c) The edge of any excavation for farm ponds or fish ponds.
for bona fide agricultural operations shall be located at least
twenty-five (25) feet from any exterior property line and at least
one hundred (100) feet from all existing or proposed public streets
and highways.
(~' (d) The director of planning may grant an exception to the
setback requirements imposed by this section when he finds that due
to existing conditions and circumstances, the location of a farm
pond or fish pond within the required setback area will not
adversely affect the public health, safety and welfare. In
reviewing requests for exceptions, the director of planning shall
consider the following factors:
(1) Existing and planned uses of adjacent properties.
(2) Constructability without adversely impacting adjacent
properties.
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none of the excavated material may be hauled off site or
sold.
(3) Any excavation or excavatio s on an sin le ot or arce
of land which ~e total less than e~ 9ne-quarte~
/~]_~ acre in area and less than fivc hundrcd ~vv, ~A.,
_~ - ~ ~ twelve 12 feet in excavated de th as
measured from the ori inal round level to the lowest
point of the excavatio~-
(4) Any trench, ditch or hole for utility lines, drainage
pipes or other similar public works facilities or
projects where the excavation is in accordance with the
approved construction plans.
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Sec. 30-19· site inspections_and inspection fee~.
The department of planning shall periodically inspect the
sites of excavations for which permits are issued under this
article to insure compliance with this article and other
provisions, as required by the city council~ and a reasonable fe~
for such ins ections shall be aid. ~he director of planninq o~
ins ections for com liance, such fee shall be submitted to the
of Virqinia Beach.
.... Reserved
Sec. 30-20.
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~-- ~m~- cf plann-n~.
d~r~ .... t
Sec. 30-37. ~pplication generally.
After approval by the city council of a conditional use permit
for a borrow pit, the owner of record shall cause to be filed with
and site pla~ for an
the department of planning an application _
excavation permit. The application fee shall be fifty dollars
($50.00). The application shall include the following:
(1) The name and address of the owner of the property
affected.
(2) The names and addresses of owners of all property
abutting the property for which the excavation permit is
(3)
(4)
(5)
(6)
sought.
If the applicant or owner is a corporation, the names and
addresses of its corporate officers and registered agent.
An aerial photograph of the area to be excavated, with
the boundaries of such area clearly delineated.
A copy of the current recorded survey or plat, if
available, prepared by an engineer or land surveyor,
certified by the commonwealth, and drawn to a scale of
not less than one (1) inch equals two hundred (200) feet,
submitted in five (5) copies.
The boundaries of the area to be excavated by courses and
distances.
The current field topography, including the location of
all watercourses.
(8) The means of vehicular access to the proposed excavation.
(9) A cross-section of any banks or walls to be established
through, the process of excavating.
(10) The number of cubic yards to be excavated.
(11) The areas proposed for the storage of overburden and
other spoil during the process of excavating.
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(12) The proposed date on which excavating will commence, the
proposed date on which the excavation will be completed
and the proposed date that all required restoration
measures are to be completed.
(13) The location of all haul roads leading to public streets
and highways within the areal ~s well as the on-site haul
road the oint at which the haul road intersects the
ublic ri bt-of-wa the nearest street intersections in
all directions leavin the excavation site and all
existin and ro osed entrances on both sides of the
ublic street within 500 feet of the ro osed entrance.
/~ A detailed descri tion of the on-site haul road and the
entrance to the ublic ri bt-of-wa includin width
radii com osition of surface material and len th of
improved surface~
~ /~ A statement listing the public streets ~ ~-~a~-~ to be
used as haul routes to access an arterial or ma'or street
116~ A traffic maintenance control lan includin but not
limited to si n t e size color letterin size and
location.
/~ A descri tion or lan of all ro osed im rovements to
o eration inciudin but not limited to turn lanes
si nalization stri in and other traffic control
measures.
~1~ /~ The location of all test wells and depth of borings,
where required, which shall be within the setback
requirements of this article. The location of test wells
adjacent to residential areas shall be subject to
approval of the department of planning.
~ ~ An erosion and sedimentation control plan.
~ ~0Y A statement of the methods to be used to maintain or
repair any public street or highway to be used for
hauling purposes. The department of planning shall
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determine the acceptability of the methods proposed by
the applicant and, if deemed necessary, shall require the
posting of a bond to insure against road damage due to
the hauling.
{-1~ /~ A copy of the mining permit issued by the Virginia
Department of Mines, Minerals and Energy.
Bec. 30-44. Expiration; extension.
An excavation permit henceforth issued under this division
shall expire one (1) year from the date of issuance. Excavation
permits issued prior to the date of adoption of this ordinance
shall expire one (1) year from the date of adoption of this
ordinance· The holder of the permit may thereafter apply annually
to the department of planning for a renewal of the permit upon
a ent of a fift 50 dollar renewal fee and by providing the
following information.
(1) A copy of the current mining permit issued by the
Virginia Department of Mines, Minerals and Energy.
(2) Crcs=-uccticns s-b .... tt~d by an ~..~i..~
certified bz ~h- c ...... c ..... l~h, shc~ing th~
excavation ~-~n thc b ..... pit,
~ .... ~---~ cf ~l_..nin~. Verification of all
by thc --~
information required under section 30-37 of this article..
fro
o~ncr cf thc ~r~p Y ~
A written verification of the number of cubic yards o~
material removed from the excavation site durinq th~
previous year ._
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this 11th day of June, 1996.
Adopted by the City Council of the City of Virginia Beach on
APPROVED AS TO CONTENT
CA-6283
DATA/ORDIN/PROPOSED/30-ETC-COM
May 29, 1996
R4
Department of Pl~nnlng
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APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
- 30 -
ORDINANCES~RESOLUTIONS
ITEM # 40889
Upon motion by Councilman Baum, seconded by Councilman Dean, City Council ADOPTED:
Ordinance to AMEND Chapter 33 by ADDING provisions re hauling of
sand, gravel, topsoil, fill or other excavated material off an excavation
site.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, ltarold
Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC
Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members I,~oting Nay:
William W.. Harrison, Jr. and Barbara M. Henley,
Council Members Absent:
None
Jtene 11, 1996
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AN ORDINANCE TO AMEND CHAPTER 33 OF
THE CODE BY ADDING PROVISIONS
PERTAINING TO THE HAULING OF SAND,
GRAVEL, TOPSOIL, FILL, OR OTHER
EXCAVATED MATERIAL OFF AN EXCAVATION
SITE
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 33 of the Code of the City of Virginia Beach,
Virginia, is hereby amended by adding Section 33-19 to read as
follows:
Sec. 33-19. Hauling of sand, Gravel, topsoil, fill, or other
excavated material off an excavation site.
(a) It shall be unlawful for any person to haul more than
three hundred thirty-seven (337) in situ cubic yards of sand,.
gravel topsoil, fill, or other excavated material from an
excavation site by vehicle upon any street in the city of Virginia
Beach without a hauling permit from the department of planning in
accordance with the provisions of this section.
(b) Application for a permit required by this section shall
be filed with the department of planning on forms supplied by the
city. The application fee shall be fifty dollars ($50.00). The
application shall be signed by the property owner, hauler an~
operator and shall include the following information:
(1). The names and addresses of all haulers;
(2) If the hauler is a corporation, the name and
address of its corporate offices and reqistered
agent;.
(3). The name and address of the excavator and/o~
operator;
(4) The names and addresses of owners of all property
from which the fill material is to be hauled;
(5)... The proposed date on which the hauling operation
will commence and the proposed date on which the
operation will be completed;
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(6) The total number of cubic yards of material to be
hauled;
The number, tvDe, carryinq caDacity, and weight of
vehicles to be used in the hauling operation on a
daily basis;
(8) The location of all haul roads leading to public
streets and highways within the hauling area~
(9) A statement listing the public streets to be used
as haul routes to access an arterial or maior
street or highway;
(10) A statement of the methods to be used to maintain
or repair any public street or highway to be used
for hauling purposes~_
¢11) A site plan or survey of the excavation site, with
a location map, showing the locations of the area
to be excavated, the on-site haul road, the point
at which the haul road intersects the public right-
of-way, the nearest street intersections in all
directions leaving the excavation site and all
existing and proposed entrances on both sides of
the public street within 500 feet of the proposed
entrance;
(12) A detailed description of the on-site haul road and
the entrance to the public right-of-way, including
width, radii, composition of surface material and
length of improved surface;
(13) Erosion and sediment control measures to be
employed at the haul road entrance and all access
points;
(14) The method by which dirt and dust will be
controlled on the public streets and in the air;
(15~ A traffic maintenance/control plan, including, but
not limited to, sign type, size, color, lettering
size and locations;
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(16) Location and description of public structures and
improvements immediately adjacent to and under the
haul road entrance; and
(17) A description or plan of all proposed improvements
to mitiqate the traffic imDacts associated with th~
hauling activity including, but not limited to,
turn lanes, signalization, striding and other
traffic control measures.
In the event any changes in the above-required information are
needed, the applicant shall submit such changes to the planning
department for review and
thereof.
(c) The director of
approval prior
to the commencement
designee shall determine the acceptability of the hauling methods
and routes proposed by the applicant, and shall grant the hauling
permit unless:
(1) Under accepted engineering standards, it is
determined that the public streets and highways tQ
be used in the proposed hauling route cannot
sustain the weiqht or frequency of the hauling
vehicles without substantial damage thereto; o~
(2) The proposed hauling operation would render the
streets and highways affected by the hauling unsafe
for public travel; or
(3) The noise or dust generated by the haulinq operation
is of such character, intensity and duration as to
be detrimental to the life or health of persons of
reasonable sensitivity, or to disturb or annoy the
quiet, comfort or repose of reasonable persons who
reside in close proximity to the hauling operation.
Any person aggrieved of the decision of the planninq director
or his desiqnee may appeal such decision to the city manager or his
designee within thirty (30) days of the date of such decision. Any
person aqqrieved of the decision of the city manager or his
the department of planning or his
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designee may appeal such decision to the circuit court within
thirty (30) days of the date of such decision.
/~ In the event the planning director or his designee issues
a hauling permit under this section, he may attach such conditions
and safeguards as are deemed necessary to protect the public safety
and to ensure against the creation of a public nuisance or
substantial damage to the streets due to the hauling and may
require the posting of a bond with surety, cash, escrow, letter of
credit, any combination thereof, or such other legal arrangement
acceptable to the city attorney, to assure compliance.
(e) No permit issued under this section shall be transferre~
to another person without approval by the planning department~
Such approval shall be granted in the same manner as for original
applications for permits.
(f) A hauling permit issued under this section shall expir~
one (1) year from the date of issuance. The holder of the permit
may thereafter apply annually to the department of planning for ~
renewal of the permit upon the payment of a fifty ($50~ dollar
renewal fee and verification of all information required under
subsection (b).
(g) A violation of any of the provisions of this section o~
failure to comply with the terms and conditions of a hauling permit
shall constitute a class 1 misdemeanor. In addition to the
penalties imposed hereunder, the city may institute legal action to
enjoin a continuing violation of any of the provisions of this
section or of any of the terms and conditions of a hauling permit
issued pursuant to this section.
(h) In addition to, and not in lieu of, the remedies set
forth in subsection (g) hereof, the director of planning or his
designee may revoke a hauling permit issued pursuant to this
section as a result of the violation of any of the terms or
conditions of the permit.
(i). This section shall not apply to excavation operations
conducted pursuant to an excavation permit and a conditional use
permit for a borrow pit or to stormwater management facilities
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site plans~
Adopted by the City Council of the city of virginia
this 11th day of June, 1996.
Beach on
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CA16282
DATA/ORDiN/PROPOSED/33-19-COM
May 29, 1996
R4
APPROVED AS TO CONTENT:
Del~u~ment of
APPROVED AS 1'O LEGAL
SUFFICIENCY:
5
- 31 -
ORDINANCES/RESOLUTIONS
ITEM # 40890
Upon motion by Councilman Baum, seconded by Council Lady Parker, City Council ADOPTED:
Resolution referring to the Planning Commission Amendments to the City
Zoning Ordinance, Site Plan Ordinance and the Subdivision Regulations:
Ordinance changing the definition of a borrow pit.
Ordinance ADDING the requirement to provide hauling
operation information on an application for a Conditional Use
Permit for a borrow pit.
Ordinance ADDING provisions to the Site Plan Ordinance re
plans and information on hauling operations associated with
the excavation of stormwater management facilities.
Ordinance ADDING provisions to the Subdivision Ordinance
re plans and information on hauling operations associated with
the excavation of stormwater management facilities and
consideration of the Public Health, Safety and Welfare in the
approval of subdivisions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K, Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy Ic2 Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Jvne 11, 1996
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AMENDMENTS TO THE CITY ZONING
ORDINANCE WHICH CHANGE THE DEFINITION OF A
BORROW PIT AND ADD THE REQUIREMENT OF
PROVIDING HAULING OPERATION INFORMATION ON AN
APPLICATION FOR A CONDITIONAL USE PERMIT FOR A
BORROW PIT AND AMENDMENTS TO THE SITE PLAN
ORDINANCE AND THE SUBDIVISION REGULATIONS
WHICH ADD THE REQUIREMENT TO PROVIDE
INFORMATION ON HAULING OPERATIONS ASSOCIATED
WITH THE EXCAVATION OF STORMWATER MANAGEMENT
FACILITIES ON SITE PLANS AND SUBDIVISION
PLATS.
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the attached proposed amendments to Sections 111 and
227 of the City Zoning Ordinance, Section 4 of the Site Plan
Ordinance, and Section 7.1 and 7.8 of the Subdivision Regulations
of the City of Virginia Beach, Virginia, are hereby referred to the
Planning Commission for its consideration and recommendation.
The Planning Commission is hereby requested to make its
recommendation to the City Council within thirty (30) days of the
date of this resolution.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of June
, 1996.
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CA-6335
ORDIN\NONCODE\hauling.res
R-1
PREPARED: May 24, 1996
Depa~mcnt of Plannh~g
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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AN ORDINANCE TO AMEND THE CITY
ZONING ORDINANCE BY CHANGING THE
DEFINITION OF A BORROW PIT
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 111 of the city Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated:
Borrow pit. Any operation involving the breaking or disturbing
of the surface soil or rock where the primary purpose of the
operation is to facilitate or accomplish the extraction or removal
of sand, soil, gravel, fill, or other similar material .
Specifically exempt from this definition are the following:
(a) Any excavation for roads, drainage, stormwater management
facilities as defined in the city stormwater management
ordinance (Appendix D), or similar features necessarily
incidental to, and in accordance with, the approved
construction plans for a residential subdivision or other
'~ .... ~ thc ..... t~d
similar development activityl, cvcn ..... ~.. ~ .... v~ ~
....~ ~ _~.. ~A ~..~^~ A~ff_=.t~ ~~.A~ ..... -~ ~ provided
however, if the depth or surface area of the excavation
exceeds that of the approved construction plans and the
excavated material is hauled offsite, an excavation
permit and conditional use permit for a borrow pit must
37 be obtained.
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(b) Any excavation for the sole purpose of conducting a bona
fide agricultural operation, including but not limited to
excavations to improve drainage, provide watering
facilities for livestock, or create a holding lagoon for
animal waste~ or farm ponds or fish ponds; provided that
none of the excavated material may be hauled off site or
sold.
(c) Any excavation or excavations on any single lot or parcel
of land which~-~- total less than one ~=,'~' one-quarter
(1/4] acre in area and less than ~"- ~.._~_A~ ,=,~ ~A_.
twelve (12] feet in excavated depth as
measured from the original ground ~eve~, to the lowest
point of the excavation.
(d) Any trench, ditch or hole for utility lines, drainage
pipes or other similar public works facilities or
projects where the excavation is in accordance with the
approved construction plans.
COMMENT
The language allowing the hauling or selling of material excavated from a stormwater management facility has
been eliminated from subsection (a). However, if a stormwater management facility is excavated within the parameters
of an approved construction plan, the material may be hauled off site. The new language makes it clear that if a
stormwater management facility is over excavated in violation of the approved construction plans and the excavated
material is hauled offsite, a conditional use permit and an excavation permit for a borrow pit must be obtained.
Accordingly, stormwater management facilities that are constructed in accordance with approved construction plans are
exempt from the borrow pit regulations and the conditional use permit process.
The terms "farm ponds" or "f'tzh ponds" were added to subsection Co) to clarify that the~e particular excavations
would be exempt from the borrow pit regulations and the conditional use permit process so ion~ as no excavated material
wns hauled offslte.
The minor excavation exemption in subsection (c) was changed to allow legitimate agricultural, aquacultural or
other excavations to be conducted without having to apply for an excavation permit or a conditional use permit for a
borrow pit. However, notwithstanding the exemption under this section of the City Code, these minor excavations will
be subject to the requirements of new section 33-19 concerning hauling permits for excavation materials hauled offslte.
70 Adopted by the City Council of the City of Virginia Beach on
71 this day of 1996.
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CA-6284
DATA/ORDIN/PROPOSED/lll. COM
MAY15,1996
APPROVED AS TO CONTENT
Dcpamncnt of Planning
APPROVED AS TO LEGAL
Department of Law 0
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AN ORDINANCE TO AMEND THE CITY
ZONING ORDINANCE BY ADDING THE
REQUIREMENT TO PROVIDE HAULING
OPERATION INFORMATION ON AN
APPLICATION FOR A CONDITIONAL USE
PERMIT FOR A BORROW PIT
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 227 of the Zoning Ordinance of the city of
Virginia Beach, Virginia, is hereby amended and reordained to read
as follows:
Sec. 227. Borrow pits.
(a) Application. Each application for a use permit for a
borrow pit shall include the following information in addition to
the general information required by this ordinance:
(1) A boundary survey of the subject property, together with
the proposed location of the limits of excavation;
(2) The means of vehicular access to the proposed excavation;
(3) The number of cubic yards to be excavated;
(4) The areas proposed for the storage of overburden and
other spoil during the process of excavating;
(5) The proposed date on which excavating will commence, the
proposed date on which the excavation will be completed
and the proposed date that all required restoration
measures are to be completed;
(6)The location of all haul roads leading to public streets
and highways within the area, and ~ of
~v ............... , as well as the on-site haul road,
the point at which the haul road intersects the public
riqht-of-way, the nearest street intersections in all
directions leavinq the excavation site, and all existinq
and proposed entrances on both sides of the public street
within 500 feet of the proposed entrance;
(7) A detailed description of the on-site haul road and the
entrance to the public riqht-of-way, includinq width,
radii, composition of surface material and lenqth of
39 improved surface;
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(8) A description or plan of all proposed improvements to
mitiqate the traffic impacts associated with the haulinq
operation includinq, but not limited to, turn lanes,
siqnalization, stripinq and other traffic control
measures;
(7) (9) A statement listing the public streets~.~-~ ~.~,,~ to be
used as haul routes to access an arterial or major street
or hiqhway;
~v, (10) A plan showing the proposed use of the property once
excavation has been completed, including the location of
proposed lots, streets, structures, and other features;
and
,~ if this is
~, (11) A plan for filling of the borrow pit,
intended, once excavation has been completed. No filling
of the borrow pit will be allowed unless plans for the
filling have been approved by city council as a part of
or as an amendment to the use permit application, and
until the director of planning has issued a fill permit
for such activity.
CO~ENT
The additional ~nguage in subdiv~ions (6), (~, (8) and (9) of subs~tion (a) con~rms to the requiremen~ of
Chapter 30 per~in~g ~ borrow pit permit. The new r~uiremen~ will ensure that conditional use permit applications
~r ~rrow pi~ wH! be reviewed and evaluated in a more comprehensive manner by considering the ~aslbRity of the
hauling operation as well as the excavation i~elf.
(b) Special requirements.
(1) Undrained pockets and stagnant pools resulting from
surface drainage shall be sprayed in accordance with
requirements of the state board of health to eliminate
breeding places for mosquitoes and other insects.
(2) Off-street parking areas adequate for all employees'
vehicles and trucks shall be provided.
(3) The edge of the area to be excavated shall be located at
least one hundred (100) feet from all exterior property
lines. The setback area shall not be used for any purpose
during the period of excavation, including overburden and
spoil storage, except the setback area may be used for
access roads. Exterior limits of all work shall be
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monumented with iron markers no less than five (5) feet
above surface of the earth.
(4) Access roads. Access roads to any excavation where
hauling is being conducted shall be maintained in a dust-
free manner. All access roads shall be constructed so as
to intersect as nearly as possible at right angles with
public streets and highways and no access road shall
intersect any public road at any angle of less than sixty
(60) degrees.
(5) Operating hours. Operating hours of excavation shall be
restricted to between 7:00 a.m. and 7:00 p.m. or such
lesser hours of operation as the city council may deem
appropriate. No Sunday operations shall be permitted.
(6) Construction of buildings. All buildings used for the
production and processing of excavated material shall be
constructed and maintained as required by the building
code of the city.
(7) Roadside landscape. Existing trees and ground cover along
public street frontage shall be preserved and maintained,
and replaced during the period of excavation if the
appropriate city authorities deem it necessary.
(8) Excavation permits. No excavation on the site shall
commence until all permits required by chapter 30 of the
City Code have been received from the Department of
Planning, and all requirements of chapter 30 of the City
Code have been met.
(c) Factors relating to approval. Before issuing any use
permit for the excavation or fill of a borrow pit, the city council
shall give due consideration to the following factors:
(1) Effect of the proposal upon groundwater supply and
drainage in the area;
(2) Effect of the proposal upon the city streets of the area,
including but not limited to the factor of traffic
safety;
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(3) Impact from noise, dust, odor or other nuisance, upon
surrounding properties;
(4) Effect of the proposal as a potential health or safety
hazard.
(d) Bonding requirements. The city council may require a bond
or letter of credit in an amount and with surety satisfactory to
the department of planning, securing to the city compliance with
the conditions and limitations set forth in the use permit. No
excavation on the site shall commence until such bond, if required,
has been filed and accepted by the director of planning.
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Adopted by the City Council of the city of Virginia Beach on
this day of 1996.
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CA-6320
DATA/ORDIN/PROPOSED/45-227.ORD
MAY 30, 1996
R5
APPROVED AS TO CONTENT
Depa-~m'ent of Planning
APPROVED AS TO LEGAL
Department of Law
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AN ORDINANCE TO AMEND THE SITE PLAN
ORDINANCE BY ADDING PROVISIONS
PERTAINING TO PLANS AND INFORMATION
ON HAULING OPERATIONS ASSOCIATED
WITH THE EXCAVATION OF STORMWATER
MANAGEMENT FACILITIES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 4 of the city of Virginia Beach, Virginia Site
Plan Ordinance is hereby amended and reordained to read as follows:
Sec. 4. Information required on site development plan·
C. Haulinq operations plans and information:
In addition to the information required in subsections A. and
B. of this section, where sand, qravel, topsoil, fill or other
excavated material from the excavation of a stormwater manaqement
facility will be hauled off site, the followinq information shall
be submitted to the city aqent:
(1) The names and addresses of all haulers;
(2) If the hauler is a corporation, the name and
address of its corporate offices and reqistere~
aqent;
(3) The proposed date on which the haulinq operatio~
will commence and the proposed date on which the
operation will be completed;.
(4) The total number of cubic yards of material to be
hauled;
(5) The number, type, carrying capacity, and weiqht of
vehicles to be used in the haulinq operation on a
daily basis;
(6). The location of all haul roads leadinq to public
streets and hiqhways within the haulinq area;
(7~ A statement listinq the public streets to be used
as haul routes to access an arterial or major
street or hiqhway;
(8) A statement of the methods to be used to maintain
or repair any public street or hiqhway to be used
for haulinq purposes;.
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(9)
The location of the on-site haul road, the point at
which the haul road intersects the public riqht-of-
way, the nearest street intersections in all
directions leavinq the excavation site and all
existinq and proposed entrances on both sides of
the public street within 500 feet of the proposed
entrance;
(10) A detailed description of the on-site haul road and
the entrance to the public riqht-of-way, includinq
width, radii, composition of surface material and
lenqth of improved surface;
(11) Erosion and sediment control measures to be
employed at the haul road entrance and all access
points;
(12). The method by which dirt and dust will be
controlled on the public streets and in the air;
(13) A traffic maintenance/control plan, includinq, but
not limited to, sign type, size, color, letterinq
size and locations;
(14) Location and description of public structures and
improvements immediately adjacent to and under the
haul road entrance; and
(15) A description or plan of all proposed improvements
to mitiqate the traffic impacts associated with the
haulinq activity includinq,
turn lanes, siqnalization,
traffic control measures.
but not limited to,
stripinq and other
The city aqent shall determine the acceptability of the
haulinq methods and routes and may disapprove a site plan if:
(1) Under accepted enqineerinq standards, it
is
determined that the public streets and hiqhways to
be used in the proposed haulinq route cannot
sustain the weiqht or frequency of the haulinq
vehicles without substantial damaqe thereto; or
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(2)
(3)
(4)
The Droposed haulinq operation would render the
streets and hiqhways affected by the hauling unsafe
for public travel; or
The noise or dust generated by the haulinq operation
is of such character, intensity and duration as to
be detrimental to the life or health of persons of
reasonable sensitivity, or to disturb or annoy the
quiet, comfort or repose of reasonable persons who
reside in close proximity to the haulinq operation;
or
Any of the information required under this
subsection is incomplete, incorrect or false.
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COMMENT
This subsection has been added to ensure that proposed hauling operations associated with the excavation of a
stormwater management facility do not pose a traffic safety or public health or safety hazard, llauling operations
conducted from these facilities are generally short term in nature, frequency and duration, tlowever, this subsection will
require that these operations be reviewed and evaluated.
Adopted by the City Council of the City of Virginia Beach on
this day of 1996.
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CA-6315
DATA/ORDIN/PROPOSED/46-4.COM
MAY 29, 1996
R3
APPROVED AS TO CONTENT
pl~ n~g Department '
APPROVED AS TO LEGAL
SUFFICIENCY
of Law /~
Department
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AN ORDINANCE TO AMEND THE SUBDIVISION
REGULATIONS BY ADDING PROVISIONS PERTAINING TO
PLANS AND INFORMATION ON HAULING OPERATIONS
ASSOCIATED WITH THE EXCAVATION OF STORMWATER
MANAGEMENT FACILITIES AND CONSIDERATION OF THE
PUBLIC HEALTH, SAFETY AND WELFARE IN THE
APPROVAL OF SUBDIVISIONS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 7.1 and 7.8 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as
follows:
Sec. 7.1. Plans and specifications for general improvements.
A. Plans and specifications for general improvements in [a]
subdivision shall be prepared and endorsed by a certified engineer.
Manner of preparation and number of copies provided shall be as
appropriate to the type of improvements and the requirements for
local review, approval, inspection and recording, plus one copy for
return to the subdivider or his agent, bearing certification of
approval by the appropriate official or officials if approved, or
if disapproved, indicating the reasons for such disapproval.
Improvements for which such plans and specifications are
required include all required improvements and any gas, water,
sewer or electric light or power works, pipes, wires, fixtures or
systems, or any telephone or community antenna television systems
or the like, in, on or under any streets, alleys or easements
within the subdivision, and all other general improvements to be
provided by the subdivider or his agent, including preparation of
land by grading, clearing, filling or drainage.
To the extent that specifications have been established by the
city or other public agency having jurisdiction concerning a
particular type of improvement, they may be included by reference
and need not be restated in relation to a particular plan.
B. Plans and information on hauling operations associated
with the excavation of stormwater management facilities
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In addition to information required under the provisions of
the subdivision regulations (appendix B), where sand, gravel,
topsoil, fill or other excavated material from the excavation of a
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stormwater management facility will be hauled offsite, th~
following information shall be submitted to the planning director:
(1) The names and addresses of all haulers;
(2) If the
address
agent;
(3)
1'4)
(5)
(6)
hauler is a corporation, the name and
of its corporate offices and registered
The proposed date on which the haulinq operatio~
will commence and the proposed date on which the
operation will be completed;
The total number of cubic yards of material to be
hauled;
The number, type, carrying capacity, and weight of
vehicles to be used in the hauling operation on a
daily basis;,,
The location of all haul roads leading to public
streets and highways within the haulinq area;,
(7) A statement listing the public streets to be used
as haul routes to access an arterial or major
street or hi~hwav; .
(8) A statement of the methods to be used to maintain
(9)
or repair any public street or hiqhway to be used
for haulinq purposes;_
The location of the on-site haul road, the point at
which the haul road intersects the public riqht-of-
way, the nearest street intersections in all
directions leaving the excavation site and all
existing and proposed entrances on both sides of
the public street within 500 feet of the proposed
entrance;
(10) A detailed description of the on-site haul road and
the entrance to the public right-of-way, including
width, radii, composition of surface material and
lenqth of improved surface;
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(11) Erosion and sediment control measures to be
employed at the haul road entrance and all access
points;
(12) The method by which dirt and dust will be
controlled on the public streets and in the air;
(13) A traffic maintenance/control plan, including, but
not limited to, sign type, size, color, lettering
size and locations;.
(14) Location and description of public structures and
improvements immediately adjacent to and under the
haul road entrance; and
(15) A description or plan of all proposed improvements
to mitigate the traffic impacts associated with the
hauling activity including, but not limited to,
turn lanes, signalization, striping and other
traffic control measures.
The planning director or his desiqnee shall determine the
acceptability of the hauling methods and routes and may disapprove
a subdivision plat if:
(1) Under accepted engineering standards, it is
determined that the public streets and highways to
be used in the proposed hauling route cannot
sustain the weight or frequency of the hauling
vehicles without substantial damage thereto; or
(2) The proposed hauling operation would render the
streets and highways affected by the hauling unsafe
for public travel;
(3) The noise or dust generated by the hauling operation
is of such character, intensity and duration as to
be detrimental to the life or health of persons of
reasonable sensitivity, or to disturb or annoy the
quiet, comfort or repose of reasonable persons who
reside in close proximity to the haulinq operation;
or
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(4) Any of the information required under this
subsection is incomplete, incorrect or false.
COMMENT
Subsection B has been added to ensure that proposed hauling operations assoclated with the excavation of a
stormwater management facility do not pose a traffic safety or public health or safety hazard. Hauling operations
conducted from these facilities are generally short term in nature, frequency and duration, tlowever, this subsection will
require that these operations be reviewed and evaluated.
7.8 Consideration and action by the planninq director or his
desiqnee.
In considerinq and actinq upon
subdivision plats, the planninq
director or his desiqnee shall take into consideration the public
health, safety and welfare, the comfort and convenience of the
public in qeneral and of the immediate neiqhborhood in particular,
and may prescribe appropriate conditions and safeguards as may be
required in order that the result of the action may, to the maximum
extent possible, further the expressed interest of the subdivision
regulations and all city ordinances.
COMMENT
The addition of this subsection expressly provides that the public health, safety, and welfare must be taken into
consideration in the review, evaluation, and approval of proposed subdivision.
129 Adopted by the City Council of the city of Virginia Beach on
130 this day of 1996.
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CA-6314
DATA/ORDIN/NONCODE/47-7-1.COM
MAY 29,1996
R4
APPROVED AS TO CONTENT
De~rtment of Planning
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
4
- 32 -
ORDINANCES/RESOLUTIONS
ITEM # 40891
CONSENT AGENDA
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to authorize the City Manager to execute a Lease Agreement
with James M. and Denise M. Bordeau for a portion of City Pump
Station Site #534 on Dryden Street re extension of their rear yard
(KEMPSVILLE BOROUGH).
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
J~tne 11, 1996
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH JAMES M. AND
DENISE M. BORDEAU FOR A PORTION OF CITY PUMP
STATION SITE #534 ON DRYDEN STREET
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WHEREAS, the City of Virginia Beach is the owner of Pump
Station Site #534 on Dryden Street in the City of Virginia Beach,
Virginia;
WHEREAS, adjacent property owners James M. Bordeau and
Denise M. Bordeau, husband and wife, wish to lease a portion of
this pump station site from the City in order to landscape it as an
extension of their rear yard to their residence; and
WHEREAS, lease of such property to the Bordeaus will save
the City the cost of maintaining that portion of Pump Station #534
for one year and possibly for up to an additional four more years;
WHEREAS, the Department of Public Works, Real Estate
Division recommends that the City lease approximately one thousand
(1,000) square feet of this pump station site to James M. Bordeau
and Denise M. Bordeau for the purposes referenced above in
accordance with the terms stated in the attached proposed lease
between the City and the Bordeaus.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
lease agreement in a form substantially the same as the attached
lease agreement between the City of Virginia Beach and James M.
Bordeau and Denise M. Bordeau regarding property at Pump Station
#534 on Dryden Avenue.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the llday of June 1996
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CA-
ORDIN\NONCODE\Bordeau. ORD
R-1
05/02/96
APPROVED AS TO CONTENT:
~AL ESTATE DIVISION,
DEPARTMENT OF PUBLIC WORKS
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APPROVED AS TO LEGAL SUFFICIENCY
~Y ATTORNEY ' S OFFICE
148G-3;
FlO4ff281(OfJ2~OffO~!
·HIS AGREEMENT, made this / 7 ~day of A/~/L ,
1996, by and between the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR),
a municipal corporation of the Commonwealth of Virginia,
hereinafter referred to as "CITY" or "Lessor," party of the first
part, and JAMES M. BORDEAU AND DENISE M. BORDEAU (GRANTEE/LESSEE),
hereinafter referred to as "Lessee," party of the second part.
W I TN E S S ~TH
1. LEASED PREMISES. That for and in consideration of
the rents, covenants and agreements hereinafter reserved and
contained on the part of the Lessee to be observed and performed,
CITY leases to Lessee and Lessee rents from CITY the following
property delineated in red upon the attached plat labelled "Exhibit
A" entitled "LEASING EXHIBIT "A" APPROXIMATELY 1000 SQUARE FEET OF
CITY OF VIRGINIA BEACH PUMP STATION PROPERTY (P.S. #534)," and
denoted as "HATCHED AREA DENOTES AREA OF LEASE APPROX. 1000 SQUARE
FEET" (hereinafter the "Property"), reference being made to said
survey for a more accurate description thereof.
2. RENT. That for and in consideration of the sum of
$250.00 per year, payable on or before the first day of May of each
year the Lease is in effect, the CITY does hereby lease and demise
unto Lessee the Property.
3. TERM. The term of this Agreement shall be for one
year from May 1, 1996, to April 30, 1997. This lease may be
renewed for four (4) successive one-year terms at the City's sole
discretion, based on the following conditions and stipulations:
A. The Lessee must request, in writing, a renewal
not later than January 31 before the lease shall expire; and
B. Lessee must be in compliance with all terms and
conditions of the original lease; and
C. The rental amount is subject to negotiation for
each year's renewal; and
D. All other terms and conditions of the original
lease shall remain in force for each renewal term, at the City's
sole discretion.
4. USE OF PROPERTY - ADDITIONAL YARD SPACE. Lessee
covenants that the Property shall be used solely for expanded rear
yard space for their residence located at 3603 Dryden Court. No
permanent structures (except fencing) of any nature may be
constructed on the Property without first obtaining approval, in
writing, from the CITY. Landscaping may be planted by the Lessee,
but will thereupon become the property of the CITY. If the
property is permitted to deteriorate, this lease may be terminated
on thirty (30) days' notice by CITY.
Lessee shall use the Property only for the purposes
listed herein and any other use thereof unless necessarily
incidental to such listed and allowed uses shall constitute a
breach of the Agreement and cause its immediate termination. The
Property is leased 'by CITY to Lessee "as is," and the sole
responsibility for the maintenance and upkeep of the Property shall
be with the Lessee.
5. ASSIGNMENT AND SUB-LEASE. This lease may not be
assigned or transferred, and the Property shall not be sublet,
either in whole or in part, by Lessee without the CITY's prior
written consent.
6. TERMINATION AND RIGHT OF ENTRY BY CITY.
A. Lessee shall not be entitled to renew this
Agreement in the event Lessee is in default in the performance of
any of the covenants, terms or conditions of this Agreement.
B. The CITY reserves the right at any time without
prior written notice to enter upon the Property.
C. The parties acknowledge that the CITY has
certain powers, purposes and responsibilities. To discharge its
powers, purposes or responsibilities, the CITY shall have the right
to require Lessee to immediately dismantle and remove any and all
improvements from the Property, within four hours after notice is
given to Lessee. Then the CITY shall have the exclusive right to
use the Property , and Lessee shall surrender possession and
control to the CITY.
D. Further, the CITY reserves the right to
terminate this lease by giving written notice to Lessee ninety (90)
days in advance. Any rent paid in advance by Lessee shall be
returned by the CITY in an amount prorated according to the actual
period of occupancy.
E. Should it become necessary for CITY to enter
upon the Property in accordance with paragraph 6.C of this
Agreement, and if such action causes damage to, or loss of, any of
the Lessee's property, CITY agrees to pay to Lessee a mutually
agreed upon sum to cover Lessee's loss provided that such sum shall
not exceed the annual rental amount. Lessee must submit a written
claim to the CITY within sixty (60) days of the date on which
damage was sustained.
7. Lessee will keep all improvements placed upon the
Property in a safe, clean, and orderly condition; be responsible
for all activities on the Property; and will act immediately in
response to any notices by the CITY with reference to the
foregoing.
It is further understood and agreed as part of the
consideration hereof, that Lessee shall be responsible for the
maintenance and/or repair of the Property arising out of Lessee's
use of the Property. Should any maintenance and/or repair work be
required during the term of this Agreement and any determination of
Lessee's liability for said maintenance and/or repair work be
deemed necessary, then the decision of the CITY as to the scope of
the required work and the amount of such liability shall control
and be binding on Lessee.
Upon termination, Lessee shall promptly restore the
property to approximately the same condition existing prior to its
occupancy to include, but not limited to, removing any fence owned
by the Lessee on City property. Any other landscaping
improvements, at the option of the City, become the property of the
City upon termination of this lease.
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8. CITY'S RIGHT ~O GRA~T ~~S. CITY reserves the
right to grant easements and rights of way across or upon the
leased Property, for streets, alleys, public highways, drainage,
utilities, telephone and telegraph transmissions lines, pipelines,
irrigation canals, and similar purposes.
9. INDEMNIFICATION/INSURANCE BY I~SSEE. Lessee shall
indemnify and save harmless the CITY and all its employees from and
against all losses and expenses incurred because of claims,
demands, payments, suits, actions, recoveries, and judgements of
every nature and description brought or recovered against them by
reason of any injuries to property or person, including death,
occurring on the Property or arising out of Lessee's use of the
Property. During the term of the lease, Lessee shall obtain and
keep in force Ail Risk Property Insurance and General Liability
Insurance or such insurance as is deemed necessary by the CITY, and
all insurance policies shall name the CITY as additional named
insured or loss payee, as applicable. Lessee agrees to carry
Comprehensive General Liability Insurance in an amount not less
than $1,000,000.00, combined single limits of such insurance policy
or policies. Lessee shall provide endorsements providing at least
thirty (30) days' written notice to the CITY prior to the
cancellation or termination of, or material change to, any of the
insurance policies. It is the intent of this Agreement that Lessee
shall assume all responsibilities and liabilities, vested or
contingent, with relation to the Property.
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10. APPLICABLE LAW. This Agreement shall be deemed to
be a Virginia Agreement and shall be governed as to all matters
whether of validity, interpretations, obligations, performance or
otherwise exclusively by the laws of the Commonwealth of Virginia,
and all questions arising with respect thereto shall be determined
in accordance with such laws. Regardless of where actually
delivered and accepted, this Agreement shall be deemed to have been
delivered and accepted by the parties in the Commonwealth of
Virginia.
ENVIRONMENTAL. Any costs associated with violations
of the law including, but not limited to, remediations, clean up
costs, fines, administrative or civil penalties or charges, and
third party claims imposed on the City by any regulatory agency or
by any third party as a result of the noncompliance with Federal,
state or local environmental laws and regulations or nuisance
statutes by the LESSEE or by their invitees or guests, or any
persons, corporations or legal entities retained by the LESSEE for
work on Lessee's property and/or the property which is the subject
of this Lease, shall be paid by the LESSEE.
COMPLIANCE WITH AT~.LAWS. Lessee shall comply with
all laws, rules and regulations of CITY and all other governmental
authorities respecting the use, operation and activities on the
Property, and shall not make, suffer or permit any unlawful,
improper or offensive use of such premises or permit any nuisance
thereon.
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City Manager is authorized to advance the federal portion of a
reduced plan for initial construction of the Project from Rudee
Inlet to 8th Street in an amount not to exceed $3,705,000 to avoid
delay of the Project. Such amount is in addition to the City's
share of the initial construction costs currently estimated and not
to exceed $4,795,000. The city Manager is also directed, pursuant
to the terms of the PCA, to seek reimbursement for any sum expended
in excess of the City's share of construction funds.
Adopted by the Council of the City of Virginia Beach,
11 3une
Virginia, on the day of , 1996.
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CA-6350
ORDIN\NONCODE\ARMYCORP.ORD
R-2
06/05/96
BEACH MAN~MENT DIVISION/PW
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APPROVED AS TO LEGAL SUFFICIENCY
C ~T~i~ ~%TTOR~-~ Y ' ~"'O~F~E ~
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~ 1~:0~ F.t][ ~027610464 E~USACE CEC; A ~* CECW-.~R SECO~
DEPARTMENT OF THE ARMY
ol~c~ OF 'n~ A~
~ WoR~
.~aY .22, 1996
Pn~-~ORARDUM FOR TH~ CHZ~.F, POLICY REVI~.W ~ ~YSIS DZVZSION
S~CT~ ProJec~ coopera~iou Agre~ent for Const~ctlon of the
Bea~ Eros/oH Control ~d H~ric~e ~ro~eotion Project at Vi~gi~a
Bea~, Virginia
[x] The s~bJeot draft agr~meat is approved, ms modified on'
the enclosure.
Encl
Subject ft~anciug plan is approved.
~xecution authority delegated t~ DiStrict Commander.
.~ENI DY:~ENAO ; b-29-~§ ; 14:01 ;NO~tOLK D1~1~I0'I GOE~ 004 426 570~;~ ~
PKOJECT COOPERATION
THE DEPARTMENT OF THE
AND
CITY OF VIROINIA BEACR~ 'VIRGINIA
FOR CONSTRUCTION OF THE
BEACH EROSION CONTRO~ AND
HURRICANE PROTECTION PRO~ECT
AT VIRGINIA BEACH, VIRGINIA
(As of 29 May 1996~
THIS AGREEMENT iS entered into =his ._ day of . .
by and between the DEPARTMENT OF THE ARMY (hereinafter'the
, 199_,
"Government.), represen=ed by the Distric~ Engineer, U. S. Army
Engineer District, Norfolk, and the City of Virginia Beach,
Virginia (hereinafter the 'Non-Federal Sponsor.), represented by
the City Manager.
WITNESSETH, THAT~
WHEREAS, construction of the Beach Erosion Control and
Hurricane Protection Project'between Rudee Inle~ and!89th Street
in Virginia Beach, Virginia, was au=horized by the Water'Resources
Development Act of 1986, approved November 17, 1986, i Public Law
99-662, 99th Congress and subsequently modified by the Water
Resources Development Ac= of 1992, approved october 31, 1992,
Public Law 102-580, 102d Congress;
WHEREAS, the Oovernment and the Non-Federal Spohsor desire to
enter in~o a Project Cooperation Agreement for construction 'of the
Beach Erosion Control and Hurricane Protection ProjeCt at Virginia
Beach, Virginia (hereinafter, the 'Project" and defined in ArtiCle
I.A. of this Agreement);
WHEREAS, Section 103 of the Water Resources Development Act
of 1986, Public Law 99-662, as amended, specifies th~ cost-sharing
requirements applicable to the Project;
WHEREAS, Section 102 (cc) of the Water Resources Development
Act of 1992, Public Law 102-580, contains specific wording
regarding the Project;
WHEREAS, Section 221 of the Flood Control Act of 1970, Public
Law 91-611, as amended, and Section 103 of the WateriResources
Development Act of 1986, Public Law 99-662, as amended, Dro~ide
that the Secretary of the Army shall not commence construction of
any water resources project, or separable element thereof, until
each non-Federal sponsor has entered into a written agreement to
furnish its required cooperation for the project or Separable
element:
new storm water drainage system, providing for underground pumped
ocean discharge, will also be constructed.
C. The term "periodic nourishment' shall mean the placement,
after the end of the period of initial cons~ruction, of suitable
beach fill material within the area of the initial construction.
Periodic nourishment shall occur in distinct iterat~ions currently
estimated at once every 3.years on the aver~gei and ~shall.be
s'uP~lemented, as needed, ~n order to maintain the integrity of the
project over its 50-year economiclife. '
D. The term "total project costs, shall mean a~l costs
incurred by the Non-Federal Sponsor and the aowernme~t in
accordance with the terms of this Agreement dtrectlylrelated to
initial construction and periodic nourishment of the:Project.
Subject to the provisions of this Agreement, the ter~ shall
include, but is not necessarily limited to..= continuing planning
and engineering costs incurred after October 1, 198.5; advanced
engineering and design costs; preconstruction engine~ring and
design costs; engineering and design costs during construction;
the costs of lnyestigations to identify the existenc9 and extent
of hazardous substances in accordance with Article XV.A. of this
Agreement; costs of historic preservation activitiesiin accordance
with Article XVIII.A, of this Agreement; actual construction
costs, including the costs of alteration, lowering, raising, or'"
replacement and attendant removal of existing.railro9d bridges and
approaches thereto; supervision and administration c~sts; costs of
participation in the Project Coordination Team in accordance with
Article V of this Agreement; costs of contract dispute settlements
or awards; the value of lands, easements, rights-of-~ay,
relocations, and suitable borrow and dredged or excavated material
disposal areas for which the Government affords credit in
accordance with Article IV of this Agreement; and co, ts of audit
in accordance with Article X of this Agreement. The~term does not
include any costs for operation, maintenance, reDair~ replacement,
or rehabilitation; any costs due to betterments; or ~ny costs of
dispute resolution under Article VII of this Agreement.
E. The term "total costs of initial constructiSn" shall mean
that portion of total project costs allocated by the;Government to
initial construction.
F. The term "total costs of periodic nourishment, shall mean
that portion of total project costs allocated by theiGovernment to
periodic nourishment.
G. The term 'financial obligation for initial ~onstruction"
shall mean a financial obligation of the Government, ~other than an
obligation pertaining to the provision of lands, easements,
rights-of-way, relocations, and borrow and dredged or excavated
material disposal areas, that results or would result in a cost
that is or would be included in total costs of initial
construction.
H. The term 'financial obligation for ~eriodic: nourishment'
shall mean a financial obligation of the Government, lother than an
obligation pertaining to the provision of lands, easements,
rights-of-way, relocations, and borrow and d~edged or excavated
material disposal areas, that results or woul~iresult in a cost
that is or would be included in total costs of periodic
nourishment.
I. The term 'non-Federal proportionate Share" With respe=~
to initial construction, shall mean the ratio of the~Non-Federal
SPonsor's total cash contribution required in.accordance with
Articles II.D.2. of this Agreement to total financial obligations
for initial construction, as projected by the Goverr~ent. The
term shall mean, with respect to periodic nourishmen~, the ratio
of the Non-Federal Sponsor's total cash contributionirequired in
accordance with Article II.G.2. of this Agreement to.total
financial obligations for periodic nourishment, as projected by
the Government.
J. The term *period of initial construction. shall mean the
time from the date the Government first notifies the~
~Non-Federal
Sponsor in writing, in accordance with Article VI.B.;of this
Agreement, of the scheduled date for issuance of theisolicitation
for the first contract for initial cons~ruction to t~e date that
th? u.s. Army Engineer for the Norfolk District (her"inaft-~
"Dlstrict Engineer') notifies the Non-Federal Sponso~
9f ~n~ ~0v~rnment,s determination that initial construction of the
mro]ect is complete.
K. The term "authorized periodic nourishment period" 'shall'
mean the authorized duration for Federal participation in periodic
nourishment for a period of 50 years from the commencement of
period of initial construction of the beach berm feature of the
Project.
L. The term "highway' shall mean any public highway,
roadway, street, or way, including any bridge thereof.
e . M! Th? t~.~?. "r~lo~tion" she½1 mean. pr~viding ~ functionally
qulvalen~ zac~zcy co cae ~.w~.er o! an exxst~n~ utilSty, ce~et?y,
highway or other public fac~lxty, or railroad (exclu4ing ex~st~ng
railroad bridges and approaches thereto) when such a~tion is
authorize~ in accordance w~th app½icab%e lefal princ%ples of just
compensation or as otherwise provided ~n the authori~ing
legislation for the Project or any report referenceditherein.
Providing a functionally equivalent facility may tak~ the form of
alteration, lowerinf~ raising, or replacement and &t~endant
removal of the affected facility or part thereof.
N. The term "fiscal year. shall mean one fiscal year of the
~overnmenc. The C~vernment fiscal year begins on October i and
ends on September 30.
bl:Nl DY;Gt-NAU
WHEREAS, Section 902 of Public Law 99-662 establishes the
maximum amount of costs for the Beach Erosion'Control and
Hurricane Protection Project at virginia Beach, Virginia and sets
forth procedures for adjusting such maximum'amount; and
WH~R:ff3~8, the Government and Non-Federal~ SDonso~have the full
authority and capability to perform as hereinafter s~t forth and
intend to cooperate in ~ost-sharing and fln?noing ofl the
construction of the Pro]eot in accordance w~th the t~rms of this
Agreement.
NOW, THEREFORE, the Government and the Non-Federal Sponsor
agree as follows:
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this Agreement~ "
_
A. The ~rm "Pro]ect" shall mean initial const orion and
periodic nourishment as generally described in the Phase I,
General Design Memorandum, dated June 1984, the Report of the
Chief of Engineers, dated 22 May 1985, and the Phase'II, General
Design Memorandum, dated January 1989, and as generally described
in and as modified by the General Reevaluation Report, dated June
1994, (hereafter, the "General Reevaluation Keport") and approved
by the Assistant Secretary of the Army (Civil Works) on July 15
1994. '
B. The tez~ "initial construction" shall mean the provision
of a seawall and bOardwalk, enhanced dune system, be$ch berm,
storm water drainage, and beach access structures along the City
of Virginia Beach oceanfront from Rudee Inlet to the;property line
at 89th Street of the u. S. Military Reservation at Fort Story, as
generally described in the General Reevaluation Report. The
seawall, which will be constructed seaward of the existing
bulkhead and extend from Rudee Inlet to 58th S~reet, lwill be of a
vertical steel sheet-pile design with a top elevation of 13.5
feet, National Geodetic Vertical Datum (hereinafter,!"NGS, D"). The
boardwalk will extend from Rudee Inlet ~o 40~h Stree~ and will '"
generally be constructed over the ex~st~ng bulkhead and boardwalk.
It will be wider than the existin~ boardwalk'and hay9 a top
elevation coincident with the top of the seawall, thereby
eliminating the need for closures. Dune enhancement:will be
accomplished with the placement of suitable fill material as
required in those areas between 58th. Street and 89th.Street to
form, where it does not exist at the time of placement, a dune
with a minimum crest width of 25 feet and a maximum ~rest
elevation of 18.0 feet, N~VD. Both the seawall and ~nhanced dune
will be fronted by a beach berm which will be constr~cted of
suitable fill material and have a tod elevation of 9~0 feet, NG"FD,
a minimum top width of 100 feet, and a lV~20H foreshpre slope.
Beach access facilities and dune walkover structures will be
constructed at appropriate locations along the entire length of
the project to provide ingress to and egress from the beach. A
It is expressly understood and agreed that all
activities on the Property are solely that of the Lessee and
Lessee, in no way, represents or acts on behalf of the CITY or any
department thereof.
VENUE. Any and all suits for any claims or for any
and every breach or dispute arising out of this Agreement shall be
maintained in the appropriate court of competent jurisdiction in
the City of Virginia Beach.
11. COMPLIANCE WITH LAWS. With respect to the Property,
Lessee shall comply with all federal, state and local statutes,
ordinances and regulations now in effect or hereafter adopted.
12. If any section, paragraph, subparagraph, sentence,
clause or phrase of this Agreement shall be declared or judged
invalid or unconstitutional, such adjudication shall not affect the
other sections, paragraphs, subparagraphs, sentences , clauses or
phrases.
13. NOTICES. Any notice which may be or is required to
be given pursuant to the provisions of this Agreement shall be
delivered or sent by certified mail, postage prepaid, return
receipt requested, and addressed as follows:
If to lessee, to:
Mr. and Mrs. James M. Bordeau
3603 Dryden Court
Virginia Beach, Virginia 23462
If to CITY, to:
city Real Estate Agent
Operations Building, Room 170
Municipal Complex
Virginia Beach, Virginia 23456
IN WITNESS WHEREOF, the parties hereto have each caused
this Agreement to be executed by their proper representatives as of
the day and year first above written.
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
BY.
City Manager/Authorized
Designee of the City Manager
Ruth Hodges Smith
City Clerk
M. Bordeau
Denise M. Bordeau
APPROVED AS TO CONTJ~NT ,,,,
/ $1GNAi'IJ~,J
DEPARTMENT
APPROVED AS TO
LEGAL SUF~F!CiENCY
8
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a notary public in and for
the city and state aforesaid, do hereby certify that
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
CITY MANAGER, whose name as such is signed to the foregoing
writing, bearing date the /?~ day of ~f~/~ , 1996,
has acknowledged the same before me in my city and state aforesaid.
Given under my hand this day of ,
1996.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a notary public in and for
the city and state aforesaid, do hereby certify that RUTH HODGES
SMITH, City Clerk, whose name as such is signed to the foregoing
writing, bearing date the / ~t~ day of /~/u~j~_ , 1996,
has acknowledged the same before me in my city and state aforesaid.
Given under my hand this day of ,
1996.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH,to wit:
I, /~/~/L ~. ~W~A-~ , a Notary Public in and
for the City and State aforesaid, do hereby certify that JAMES M.
BORDEAU AND DENISE M. BORDEAU, Lessee, whose names are signed to
the foregoing writing, bearing date the / ~ day of
, 1996, have acknowledged the same before me in my
City and State aforesaid.
Given under my hand this
/ ~ day of //;w~/L
1996.
My Commission Expires:
Notary Public
10
1' HILL. IBKW¥.~APPI~O~.,.lC)O' S. (Ilf'
LEASING EXH~BIT
APPROXI~TELY 1000 SQU~E FEET
OF CITY OF VIRGINIA BEACH
PU~P STATION PROPERTY
(P.S. ~534)
ORDINANCES/RESOL UTIONS
ITEM # 40892
CONSENT AGENDA
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to authorize the City Manager to execute a Project
Cooperation Agreement (PCA) with the United States Army Corps of
Engineers, Norfolk District, for the Erosion Control and Hurricane
Protection Project re construction and maintenance from Rudee Inlet to
Eight Street, not to exceed $3,705,000 (PTRGINIA BEACH BOROUGH).
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Jt~ne 11, 1996
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AN ORDINANCE AUTHORIZING THE EXECUTION OF A
PROJECT COOPERATION AGREEMENT WITH THE UNITED
STATES ARMY CORPS OF ENGINEERS AND THE
INCURRENCE OF RELATED OBLIGATIONS
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WHEREAS, the City of Virginia Beach has previously
authorized, by Resolution adopted on January 2, 1996, the
negotiation of a Project Cooperation Agreement (the "PCA") with the
United States Department of the Army in order to undertake the
Beach Erosion Control and Hurricane Protection Project (the
"Project") at Virginia Beach, Virginia, as developed by the U. S.
Army Engineer District, Norfolk; and
WHEREAS, the City Council of the City has included funds
in the FY 1996-97/2001-02 Capital Improvement Program for the
Project, CIP 9-704; and
WHEREAS, the form of the Project Cooperation Agreement
has been reviewed by the City Attorney and found to be legally
sufficient; and
WHEREAS, the Project Cooperation Agreement obligates the
City to make certain contributions for construction of the Project,
now estimated to be $36,541,703 for the fiscal years 1996, 1997,
1998 and 1999 and further obligates the City to make future
payments for beach nourishment services to be provided by the Corps
in the future, now estimated to be $96,500,000 over the 50-year
life of the Project; and
WHEREAS, the City Council desires to ensure that initial
construction of the Project begin in October 1996, as scheduled.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. The terms and conditions of the (PCA) between the
Department of the Army and the City of Virginia Beach, dated as of
29 May 1996, are hereby approved;
2. The City Manager is hereby authorized and directed
to execute and deliver the PCA, with such completions, omissions,
insertions and changes as may be necessary, and which are not
inconsistent or substantively different from the PCA approved
herein; and
3. In the event a full federal appropriation for this
Project is not authorized for the federal fiscal year of 1997, the
D. The Non-Federal Sponsor shall contribute 35 percent of
the total costs of initial construction assigned by the Goverr~ent
to hurricane and storm damage reduction plus 100 percent of the
tots! costs of initial construction assigned by the oovernmen~ to
privately owned shores where use of such shores is limited ko
private interests {hereinafter the "non-Federal share of initial
construction"), in accordance with the provisions of. this
paragraph.
1. In accordance with Article III of Chis Agreement,
the Non-Federal Sponsor shall provide all lands, easements,
rights-of-way, and suitable borrow and dredged or excavated
material disposal areas thaC the Government determines the Non-
Federal Sponsor must provide for the initial construction,
operation, and maintenance of the Pro~ect, and shalliperform or
ensure Performance of all relocations that the Oovernment
determines to be necessary for the ini~iaI construction,
operation, and maintenance of the Pro]etc.
2. If the Government ~roJecCs. that the Yalue of the
NOn-Federal Sponsor's contributions under Paragraph D.1. of this
Article and the Non-Federal Sponsor,s contributions attrib,.table
Co initial construction under Articles V, X, and XV.A. of this
Agreement will be less than che Non-Federal share of~ini~ial
construction, the Non-Federal Sponsor shall ~rovide a cash
contribution, in accordance with Article VI.B. of Chis Agreement,
in the amount necessary ~o make the Non-Federal Spon~or,s total
contribution equal to the non-Federal share of initial
construction. ~
3. If the OovernmenC determines thaC the value of ~he
Non-Federal Sponsor's contributions provided under paragraphs D.1.
and D.2. of this Article and the Non-Federal Sponsorle
con~ributions attributable to initial construction u~der Articles
V, X, and XV.A. of this Agreement has exceeded ~he Non-Federal
share o~ initial construction, the Government, subject to the
availability of funds, shall reimburse ~he Non-Federal Sponsor for
any such value in excess of the non-Federal share of;initial
construction. After such a determination,, the ~overm"ent, in its
sole discretion may provide any remaining Project la~ds,
easements, rights-of-way, and suitable borrow and dredged or
excavated material disposal areas and perform an~v re~aining
Pro~ect relocations on behalf of the Non-~ederal Sponsor.
E. The Non-Federal Sponsor may request the Government to
provide lands, easements, rights-of-way, ~nd suitabl~ borrow and
dredged or excavated material disposal areas or perform
relocations on behalf of the Non-Federal Sponsor during the period
of initial construction. Such requests shall be in writing and
shall describe the services requested to be performe~. If in its
sole discretion the Government elects to perform the'requested
services or any portion thereof, it shall ~O notify ~e NO~-
Federal Sponsor in a writing that sets forth any applicable terms
and conditions, which must be consistent with this Agreement. In
the event of conflict between such a writing and this Agreement,
chis Agreement shall control. The Non-Federal Sponsor shall be
solely responsible for al% costs of the requested services and
shall pay all such costs an accordan~e.with Article VI.C. of this
AgreementI Notwithstanding the provasaon of lands, 9asements,
rights o~ way, and suitable borrow and dredged or ex, ava=ed
oaterial disposal areas or performance of relOcationS by the
vernment, the Non-Federal Sponsor shall be' responsible, as
between the Government and the Non-Federal Sponsor, For the co,ts
of cleanup and response in accordance w~th Article X"7.C. of th~s
Agreement.
F. The Government shall perform a final accoun$ing in
accordance with Article VI.D. of this Agreement =o d~termine the
contributions provided by the Non-Federal SPonsor in. accordance
with paragraphs B., D., and E. of this Article and Articles. V, X,
and KV.A. of this Agreement and to determine whether the Non-
Federal Sponsor has met its obligations under paragraphs B., D.
and E. of this Article.
O. For each iteration of periodic nourishment!, the Non-
Federal Sponsor shall contribute 35 percent of the total costs of
periodic nourishment assigned by the Government to h~rricane and
storm damage reduction plus 100 percent of the total'costs of
periodic nourishment assigned by =he Government to privately owned
shores where use of such shores is limited to private interests
(hereinafter the "non-Federal share of periodic nourishment.) in
accordance with the provisions of this paragraph. .
1. In accordance withArticle III of th~s Agreement,
the Non-Federal Sponsor shall provide all lands, easements,
rights-of-way, and suitable borrow and dredged or excavated
material disposal areas that the Oovernment determines the Non-
Federal Sponsor must provide for the iteration of periodic
nourishment, and shall perform or ensure performanceof all
relocations that the ~overnment determines to be necessary for the
iteration of periodic nourishment.
2. If the Government projects that the value of
Non-Federal Sponsor's contrib~tions under paragraph G.1. of this
Article and the Non-Federal Sponsor's contributions ~ttributable
to periodic nourishment under Articles V, X, and XV.A. of this
Agreement, will be less than the non-Federal shares Of periodic
nourishment, the Non-Federal Sponsor shall provide an additional
cash contribution, in accordance with Article VI.B2 Of this
Agreement, in the amount necessary to make the Non F~deral
Sponsor's total contribution equal to the non-Federa~ shares of
periodicnourishment.
3. If the 8overnment determines that the: value of the
Non-Federal Sponsor's contributions provided under p$ra. graphs O.1.
and G.2. of this Article and the Non-Federal Sponsor!e
contributions attributable to periodic nourishment under Articles
v, X, and XV.A. of this Agreement, has exceeded the non-Federal
shares of periodic nourishment, the Oovernment, subject to the
availability of funds, shall reimburse the Non-Federal Sponsor for
work is performed under contract or by (]ove~ru~ent
shall be exclusively within the control of the Goverl
2. Throughout.the period of construction
Engineer shall furnish the Non-Federal Sponsor.with
~overnment,s Written Notice of Acceptance of Complet
each contract for the Project.
3. Notwithstanding paragraph A.1. of this:
:sonnel),
%ment.
the District
copy of the
~d Work for
Article, if,
upon the award of any contract cumulative financial Obligations
for in~tial construction would exceed $102,82§,000, Or cumulative
financial obligations for periodic nourishment would'exceed
$277,175,000, the Government and the Non-Federal Sponsor agree to
defer award of that contract and all subsequent contracts until
such time as the aovernment and the Non-Federal SponSor agree to
proceed with further contract awards for the Project} but in no
event shall the award of contracts be deferred for more than three
years. Notwithstanding this general provision for d~ferral of
contract awards, the Government, after consultation With the Non-
Federal Sponsor, may award a contract or contracts after the
Assistant Secretary of the Army (Civil Works) makes a written
determination that the award of such contract or contracts must
proceed in order to comply with law or to protect .llfe or property
from imminent and substantial harm.
B. The Non-Federal Sponsor may request the Government to
accomplish betterments. Such requests shall be in w~iting and
shall describe the betterments requested to be accomplished. If
the Government in its sole discretion elects to acco~plish the
requested betterments or any portion thereof, it shall so notify
the Non- Federal Sponsor in a writing that sets forth any
applicable terms and conditions, which must be consi~tent with
this Agreement. In the event of conflict between such a writing
and this Agreement, this Agreement shall con~rol. The Non-Federal
Sponsor shall be solely responsible for all costs due to the
requested betterments and shall pay all such costs i~ accordance
with Article VI.C. of this Agreement. '
C. When the District Engineer determines that the entire
Project is complete Or that a portion of the ProJectlhas become a
functional portion of the Project, the District Engineer shall so
notify the Non-Federal Sponsor in writing and furnis~ the Non-
Federal Sponsor with an Operation, Maintenance, Repair,
Replacement, and Rehabilitation Manual (hereinafter the 'OMRR&R
Manual') and wi~h copies of all of the Government's Written
Notices of Acceptance of Completed Work for all contracts for the
Project or the functional portion of the Project ~hat have not
been provided previously. Upon such notification, t~e Non-Federal
Sponsor shall operate, maintain, repair, replace, and rehabilitate
the entire Project, with the exception of periodic nourishment, or
the functional portion of the Project in accordance With Article
VIII of this Agreement.
.51-NI DY:~I-NAO ; b-2~-B§ ; 14:04 ;NOF~POLK D!511~,I,~I~(~OE-* 004 ¢25 570~;~ {
O. The term 'functional portion of the Project.' shall mean a
portion of the Project that is suitable for tender tO the Non-
F~deral Sponsor to operate and main=sin in advance o~ completion
o~ the entire Project. Fo~ a portion of the Project,to be
suitable for tender, the D~strict Engineer mu~ n°ti~y the Non-
Federal Sponsor in writing of the ~overnment's determination that
the portion of the Project is complete and can 'function
independently and for a useful purpose, although theibalance of
the Project is not complete.
P. The term 'b~=terment' shall mean a change i~ ~he design
and construction of an element of ~he ProJec~ resulting from the
applica=ion of standards that the Governmen~ determi~es exceed
those that the ~overnment would o=herwise apply for accomplishing
the design and construction of that element, i '
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT.AND TH~ NON-FEDERAL
SPONSOR '
A. The Government, subject to receiving.funds ~pproprla~ed
by ~he Congress of the United States (hereinafter, the 'Congress')
and using those funds and funds provided by the Non-~ederal
Sponsor, shall expeditiously construct the Project (~ncluding
alteration, l?we~lng, raising, or replacemen~ and attendant
removal of exzst~ng railroad bridges and approaches thereto and
including periodic nourishment at such times during ~he authorized
periodic nourishment period as the Government, afterl cormulta~ion
with the Non-Federal Sponsor, determines such placement to be
necessary and economically justified), applying those procedures
usually applied to Federal projects, pursuant to Federal laws,
regulations, and policies.
1. The Government shall afford the Non-F~deral Sponsor
the opportunity ~o review and commen~ on the solicitations for all
contracts, including relevant plans and speclficatio~s, prior to
the Government's issuance of such solicitations. Th~ ~overnment
shall not issue the solicitation for the first construction
contrac~ until the Non-Federal Sponsor has confirmedi in writing"
its willingness to proceed with the Project. To thelextent
possible, the Government shall afford the Non-Federa~ Sponsor the
opportunity to review and comment on all contract modifications,
including change orders, prior to the issuance to th~ contractor
a No ice to roceed. ,I9 instance where .on-
Federal Sponsor with not~faca=~on of a contract modification or
change order is not possible prior to issuance of :h~ Notice to
Proceed, the Government shall provide such no:ificat~on in writing
at the earliest da:e possible. To the extent possible, the
Government also shall afford the Non-Federal Sponsor: the
opportunity to review and comment on all contrac: claims prior to
resolu:ion thereof. The Government shall consider in good faith
the comments of the Non-Federal Sponsor, but the conten~s of
solicitations, award of contracts, execution of contract
modifications, issuance of change orders, resolution of contract
claims, and performance of all work on the Project (whether the
any such value in excess of the non-Federal shares o
nourishment. After such a determination, the Govern
sole discretion, may provide any remainin~ periodic
lands, easements, rights-of-way, and suitable borrow
or excavated material diseosal areas and per,form any
periodic nourishment relocations on behalf of'the No
Sponsor.
periodic
ent, in its
nourishment
and dredged
remaining
~-Federal
H. The Non-Federal Sponsor may request the Gcvernment to
accom~lish betterments during the authorized periodic nourishment
period. Such requests shall be in writing and shalll describe the
betterments requested to be accomplished. If the GoVernment in
its sole discretion elects to accomplish the requested betterments
or any portion thereof, it shall es n~tify the Non-Federal Sponsor
in a writing tha~ sets forth any applicable ~erms an~ conditions,
which must be consistent with ~his Agreemenc. In the event of
conflict between such a writing and this Agreement, this Agreement
shall control. The Non-Federal Sponsor shall be solely
responsible for all costs due to the requested betterments and
shall pay all such costs in accordance with Article VI.c. of this
Agreement.
I. The Non-Federal Sponsor may request the Goyernment ~o
provide lands, easements, rights-of-way, and suitable borrow and
dredged or excavated material disposal areas or perform
relocations on behalf of the Non-Federal Sponsor during the
authorized periodic nourishment period. Such requests shall be in
writing and shall describe the services requested t.olbe performed.
If in its sole discre~ion the Government elects to perform the
requested services or any port,on thereof, it shall So notify the
Non-Federal Sponsor in a writing that sets forth anylapplicable
terms and condi~ions, which mus~ be consistent with ~his
Agreement. In the even~ of conflict between such a Writing and
this Agreement, this Agreement shall control. The NOn-Federal
Sponsor shall be solely responsible for all coats oflthe requested
services and shall pay all such costs in accordance ~ithArticle
VI.C. of this Agreement. Notwithstanding the provision of lands,
easements, r~ghts-of-way, and suitable borrow and dredged or
excavated material disposal areas or performance of ~elocations by
the Government, the Non-Federal Sponsor shall be responsible, as
between the Government and the Non-Federal Sponsor, for the costs
of cleanup and response in accordance with Article xv.c. of this
Agreement.
J. For each iteration of periodic nourishmentI, the "'
Government shall perform a final accounting in accordance with
Article VI.F. of this Agreement to determine the contributions
provlded by the Non-Federal Sponsor toward the total:costs of
periodic nourishment and costs due to betterments in.accordance
with paragraphs G., H., and I. of this Article and t~e Non-Federal
Sponsor's contributions attributable to periodic nourishment under
Articles V, X, and XV.A. of this Agreement, and to d~termine
whether the Non-Federal Sponsor has met its obligations under
paragraphs G., H, and I. of this Article.
K. In the event that the initial construction, or any
functional portion of the initial construction, is c~mplete and
the dune and beach berm portion of initial construction is damaged
or destroyed by a storm or other natural forces, the~ government,
subject to the availability of funds and Article II'.A. of this
Agreement, shall place suitable beach and dune fill ~aterial
within the area of the completed initial constructioh, or the
functional portion of the initial construction, as periodic
nourishment. The costs of such placement'shall be included in the
total Costs of periodic nourishment and cost shared in accordance
with Article II.G. of this Agreement. In the event ~n uncompleted
dune and beach berm portion of the initial construction is damaged
or destroyed by a storm or other natural forces, thei Government,
subject ~o =he availability of funds, shall place suitable beach
and dune fill material within the area of the uncompleted initial
construction as initial construction. In the event an uncompleted
portion of the initial construction, exclusive of th~ dune and
beach ber~ portion of initial construction, is damaged or
destroyed by a storm or o~her natural forces, the ~o~ernment,
sub~ect to ~he availability of funds, shall repair and restore the
damaged or destroyed portion of initial construct~onl, exclusive of
the dune and beach berm portion of initial construction, as
initial construction. The costs of the placement of. suitable
beach and ~une fill material and repair and restoration shall be
included in ~he to,al costs of initial construction ~nd cost
shared in accordance with Article II.D. of this Agreement.
Nothing in this paragraph shall relieve the Non-Federal Sponsor of
its obligations under Article VIII of this Agreement!. Nothing in
this paragraph shall preclude the Government from using Public Law
8~-99 tO accomplish any emergency repair and r.estora~lon work of
the completed initial construction, or a functional portion of =he
initial construction,
L. The Government shall assign all costs included, or to be
included in total project costs, including all cont:r~but~ons
provided by the Non-Federal Sponsor, to hurricane ar[d storm damage
reduction or privately owned shores where'use of such shores is
limited to private interests.
M. The Congress has appropriated $1,100,000 in Fiscal Year
1996 for the initial construction of the Project. The
Government's present ability to participate in this ~roJect is
limited to this amount. This amount is less than th~ Federal
share of the estimated total project cost, and the Government
makes no commitment to budget for the balance of such funds. In
the event that the Congress does not provide additional
appropriations, the Government will terminate constr~ction in a
manner necessary to provide for the safety of the public and the
integrity of the Project. Such termination shall be: accomplished
within the amount of presently available funds, currmntly
estimated to be $1,100,000. To provide for such an eventuality.,
up to 5% of available project funds (65% Federal and 35% Non-
Federal) may be reserved as a contingency to pay the' cost of
termination. In the event the congress provides additional
appropriations for construction of this Project, the Government
BEN1 §Y:OENAO ; 5-2~-B6 ; 14:08 ;NORPOLK Di~IRiCl tOE~ ~04 426
will undertake additional construction of the Project using the
subsequently appropriated funds and any funds required from the
Non-Federal Sponsor in accordance with ArtiCle II.C. hereof.
N. The Non-Federal Sponsor shall not ~.e Federal funds
meet the Non-Federal Sponsor's share of total projec~ costs under
this Agreement unless the Federal granting agenCy verifies in
writing that the expenditure of such funds iS'expresSly authorized
o. The NOn-Federal Sponsor agrees to Partic~ip te in and
comply with applicable Federal floodplain management: and flood
insurance progranm.
P. Not less than once each year the Non-Federal Sponsor
shall inform affected interests of the extent of pro2ection
afforded by the Project.
Q. The Non-Federal Sponsor shall publicize floodplain
information in the area concerned and shall provide ghis
information to zoning and other regulatory agencieslfor their use
in preventing unwise future development in the floo~ plain and in
adopting such regulations as may be necessary.to prevent unwise
future development and to ensure compatibility with protection
levels provided by the Project.
R. The Non-Federal Sponsor shall assure'conti~ued condltions
of public ownership and use of the shore upon which ~he amount of
Federal participation is based during the economic l~fe of the
Project.
s. The Non-Federal sponsor shall to the exten~ of its
powers, prescribe and enforce regulations to prevent, obstruction
of or encroachment on the Project that would reduce ~he level of
protection it affords or that would hinder operatio~ or
maintenance of the Project.
ARTICLE III - LANDS, RELOCATIONS, DISPOSAL AREAS, AND PUBLIC LAW
91-646 COMPhIANCE '
A. The Government, after consultation with the Non-Federal
Sponsor, shall determine the lands, easements, and ~ights-of-way
required for the initial construction, periodic nourishment,
operation, and maintenance of the Project, includin~ those
required for relocations, borrow materials, and dredged or
excavated material disposal. The Government in a timely manner
shall provide the Non-Federal Sponsor with general Written
descriptions, including maps as appropriate, of the :lands,
easement.s, and rights-of-way that the Government det~rmines the
Non-Federal Sponsor must provide, in detail.suffici .eht to enable
the Non-Federal Sponsor to fulfill its obligations t~nder this
paragraph, and shall provide the Non-Federal Sponsor' with a
written notice to proceed with acquisition of such l~nds,
easements, and rights-of-way. During the period of initial
~ENI BY:~NAO ; b-2~-98 ; 14;10 ;NOHt-OLK U181HI~I OOb* 804
construction, the Non-Federal Sponsor shall acquire, at the
appropriate time, all lands, easements, and r~ghts-of-way required
for the initial construction, operation and maintenance, and
periodic nourishment, as'set forth in such de~criptl°ns.
Furthermore, prior to issuance of the solici~ation for each
contract for the initial construction or periodic nourishment, the
Non-Feperal Sponsor shall provide the Government wit~ .
author~zation for entry to all lands, easements, andlr~ghts-of-way
the Government determines the Non-Federal Spoasor must provide for
that contract. For so long as the Project remains apthorlzed, the
Non-Federal Sponsor shall ensure that lands, easements, and
rights-of-way that the ~overnment determines to be rmquired for
the operation and maintenance, and periodic nourishment of the
Project and that were provided by the Non-Federal SPPnsor are
retained in public ownership for uses compatible with the
authorized purposes of the Project.
B. The Government, after consultation with the} Non-Federal
Sponsor, shall determine the improvements required on lands'.,
easements, and rights-of-way to enable the proper diSpoSal of
dredged or excavated material associated with the in~tlal
construction, periodic nourishment, operation, and maintenance of
the Project. such improvements may include, but arei not
necessarily limited to, retaining dikes, wasteweirs,lbulkheads,
embankments, monitoring features, stilling basins, and de-watering
pumps and pipes. The Government in a timely manner shall provide
the Non-Federal Sponsor with general written descrip~ions of such
improvements in de:ail sufficient to enable the Non-Federal
Sponsor to fulfill its obligations under this' paragraph, and shall
provide the Non-Federal Sponsor with a written notice to proceed
with construction of such improvements. During the Period of
initial construction, the Non-Federal Sponsor shall provide,'at
the appropriate time, all improvements required for the initial
construction, operation and maintenance, and periodic nourishment
of the Project, as set forth in such descriptions. Furthermore,
prior to issuance of the solicitation for each Government
construction contract for initial construction or periodic
nourishment, the Non-Federal Sponsor shall prepare p~ans and
specifications for all improvements the Government determines to
be required for the proper disposal of dredged or excavated'
material under that contract, submit such plans and ~peciflcatlons
~o the Government for approval, and provide such improvements in
accordance with the approved plans and specifications.
C. The Government, after consultation with the Non-Federal
Sponsor, shall de~ermine the relocations necessary for the initial
construction, periodic nourishment, operation, and maintenance of
the Project, including those necessary to enable the' removal of
borrow materials and the proper disposal of dredged or excavated
material. The Oovernment in a timely manner shall p~ovide the Non-
Federal Sponsor with general written descriptions, including made
as appropriate, of such relocations in detail suffic:ient to enable
the Non-Federal sponsor to fulfill its obligations under chis
paragraph, and shall provide the Non-Federal Sponsor with a
written notice to proceed with such relocations. During the
'SENT §Y:OENAO ; 5-29-96 ; 14:11 ;NORFOLK DISTRICT OOE* 804 426 5783;#1~
period of initial construction, the Non-Federal Sponsor shall
perform or ensure the performance of all relocations, at the
appropFiate time~ necessary for the initial c°nstruc~ion, .
operatlSn and maintenance, and periodic nourishment ~f the. Project
as set forth in such descriptions. Furthermore, pri~ ~o.lssuance
of the solicitation for each Government contr&ct for!andrea1 -
construction or periodic nourishment, the Non-Federal Sponsor
shall prepare or ensure the preparation of plans and,
specifications for, and perform or ensure the performance of, all
relocations the ~overnment determines to be necessary for that
contract. ~
D. The Non-Federal Sponsor in a timely, manner ,shall provide
the Government with SuCh documents as are sufficientl to enable the
Government to determine the value of any contributio~ provided
pursuant to paragraphs A.0 B.0 or C. of this Articlei. Upon
receipt of such documents the Government, in accordahce with
Article IV of this Agreement and in a timely manner,: shall
de~ermine the value of such contribution, include such value in
coca1 project costs, and afford credit for such valu~ toward the
non-Federal share of initial construction or ~he non. Federal share
of periodic nourishment.
E. The NOn-Federal Sponsor shall comply with the applicable
provisions of the Uniform Relocation Assistance and ~eal Property
ACquisitiOn Policies Act of 1970, Public Law 91-646, as amended by
Title IV of the Surface Transportation and uniform R~loCation
Assistance Act of 1987 (Public Law 100-17}, and the Uniform ..
Regulations contained in 49 C.F.R. Part 2~, in acqui~ng lands,
easements, and righ~s-of-wa¥ required for the initia~
construction, periodic nourishment,.operation, and ma~intenance of
the Project, including those necessary for relocaCio~s, borrow
materials, and dredge~ or excavated material .disposa~, and shall
inform all affected persons of applicable benefits, ~olicies, and
procedures in connection with said AcC.
ARTICLE IV - CREDIT FOR VALUE OF LANDS~
RELOCATIONS, AND DISPOSAL AREAS
A. The Non-Federal Sponsor shall receive credi:t toward its
share of total project costs for the value of the lands,
easements, rights-of-way, and suitable borrow and dr~dged or
excavated material disposal areas that the Non-Federal Sponsor
must provide pursuant to Article III of this Agreement, and for
the value of the relocations ~hat uhe Non-Federal Sponsor must
perform or for which i~ must ensure performance pursuant to
Article III of this Agreement. However, the Non-Federal Sponsor
shall no~ receive credit for the value of any lands,, easements,
rights-of-way, relocations, or borrow and dredged or excavated
material disposal areas that have been provided previously as an
item of cooperation for another Federal project. The Non-Federal
Sponsor also shall not receive credit for the value 9f lands,
easements, rights-of-way, relocations, or borrow and dredged or
~xcavated material disposal areas to the extent that such items
are provided using Federal funds unless the Federal granting
agency verifies in writing that such credit is expressly
.authorized by statute.
B. For the sole purpose of affording credit inl accordance
with this Agreement, the value of lands, easements, and rights-of-
way, including those necessary for relocationSl, borrow materials,
and dredged or excavated material disposal, shall be~the fair
market value of the real property interests, plus certain
incidental costs of acquiring those interests, as determined in
accordance with the provisions of this paragraph. ~
1. Date of Valuation. The fair market v~lue of lands,
easements, or rights-of-way owned by the Non-Federali S~onsor on
the effective date of this Agreement shall be the fair market
value of such real property interests as of the da:teethe Non-
Federal Sponsor provides the Government with authorization for
entry thereto. The fair market value of lands, easements, or
rights-of-way acquired by the Non-Federal Sponsor after the
effective date of this Agreement shall be the fair market value of
such real property interests at the time the interests are
acquired.
2. ~eneral Valuation Procedure. Except Rs provided in
paragraph B.3. of this Article, the fair market value of lands,
easements, or rights-of-way shall be determined in a~cordance with
paragraph B.2.a. of this Article, unless thereafter a different
amount is determined to represent fair market value in accordance
with paragraph B.2.b. of this Article.
a. The Non-Federal Sponsor shall obtain, for each
real property interest, an appraisal that is prepared by a
qualified appraiser who is acceptable to the Non-Federal Sponsor
and the aovernment. The appraisal must be prepared ~n accordance
with the applicable rules of Just compensation, as specified by-
the Government. The fair market value shall be the amount set
forth in the Non-Federal Sponsor's appraisal, if such appraisal is
approved by the Government. In the event the aovernment does not
approve the Non-Federal Sponsor's appraisal, the Non-Federal
Sponsor may obtain a second appraisal, and the fair~arket value
shall be the amount set forth in the Non-Federal sponsor's second
appraisal, if such appraisal is approved by the Government. In
the event the Government does not approve the Non-Federal
Sponsor's second appraisal, or the Non-Federal Sponsor chooses not
to obtain a second appraisal, the Government shall obtain an
appraisal, and the fair market value shall be the amount set forth
in the Government's appraisal, if such appraisal is approved by
the Non-Federal Sponsor. In the event the Non-Federal Sponsor
does not approve the Government's appraisal, the ~o~ernment, after
consultation with the Non-Federal Sponsor, shall consider the
Government's and the Non-Federal Sponsor's appraisals and
determine an amount based thereon, which shall be deemed to be the
~air market value.
b. Where the amount paid or proposed to be paid by
the Non-Federal Sponsor for the real proper~y interest exceeds the
amount determined pursuant to paragraph B.2..a. of this Article,
the Government, at the request of the Non-Federal Spgnsor, shall
consider all factors relevant to determining fair market value
and, in its sole discretion, after consultation withithe Non-
Federal Sponsor, may approve in writing an amount greater than the
amount determined pursuant to paragraph 8.2.a~ of th~s Article,
but not to exceed the amount actually paid or proposed to be paid.
If the GOvernment approves such an amount, the..fair market value
s~all be the lesser of the approved amount or.the amount paid by
the Non-Federal Sponsor, but no less than the amounti determined
pursuant to paragraph B,2.a. of this Article.'
3. Eminent Domain Valuation Procedure. For lands,
easements, or rights-of-way acquired by eminent domain proceedings
instituted after the effective date of this Agreement, the Non-
Federal Sponsor shall, prior to instituting such proceedings,
submit to the ~overnment notification in writing of its intent to
institute such proceedings and an appraisal .of the specific real
property interests to be acquired in such proceeding9. The
Government shall have 60 days after receipt of such ~ notice and
appraisal within which to review the appraisal, if not previously
approved by the ~overnment in writing.
a. If the ~overnment previously has iapproved the
appraisal in writing, or if the Government provides written
approval of, or takes no action on, the appraisal wi~hln such 60-
day period, the Non-Federal Sponsor shall use the amount set forth
in such appraisal as the estimate of Just compensation for the
purpose of instituting the eminent domain proceeding~
b. If the Oovernment provides written disapproval
of the appraisal, inc~udin~ the reasons for disapproval, within
such 60-day perxod, the ~overnment and the Non-Federal Sponsor
shall consult in good faith to pronLDtly resolve the ~ssues or
areas of disagreement that are identified in the ~overnment's
written disapproval. If, after such good faith consultation, the
Government and the Non-Federal Sponsor agree as to an appropriate
amount, then the Non-Federal Sponsor shall use that $moun~ as the
estimate of just compensation for the purpose of institutxn~ the
eminent domain proceeding. If, after such ~ood faitH
consultation, the ~overnment and the Non-Federal Sponsor cannot.
agree as to an appropriate amount, then the Non-Federal SPOnsor
may use the amount set forth in its appraisal as the!estimate of
just compensation for the purpose of instituting the~eminent
domain proceeding.
c. For lands, easements, or rights-of-way acquired
by eminent domain proceedings instituted in accordance with sub-
paragraph B.3. of this Article, fair market value shall be either
the amount of the court award for the real property Snterests
taken, to the extent the Government determined such Snterests are
required for the initial construction, periodic nourishment,
operation, and maintenance of the Project, or the a~ount of any
stipulated settlement or portion thereof that the Government
approves in writing.
4. Inoidental.Co~n. For lands, easements, or rights-
of-~a~ acquired by the Non-Federal Sponso~ within a ~ive-year
perloa preceding the effective date of this Agreement, or at any
time after the effective date of this Agreement,. theivalue of the
interest shall include the documented incidental costs of
acquiring the interest, as determined by the Government, subject
to an audit in accordance with Article x.C. of this Agreement to
determine reasonableness, allocability, and allowability of costs.
Such incidental costs shall include, but not necessarily be
limited to, closing and title costs, appraisal costs, survey
costs, attorney's fees, plat maps, and mapping costal as well as
the actual amounts expended for payment of any Public Law 91-646
relocation assistance benefits provided in accordanc~ with Article
III.E. of this Agreement. ..
C. After consultation with the Non-Federal Spohsor, the
Government shall determine the value of relocations in accordance
with the provisions of this paragraph.
1. For a relocation other than a highway,.the value
shall be only that portion of relocation costs that the Government
determines is necessary to provide a functionally eqgivalent
facility, reduced by depreciation, as applicable, and by the
salvage value of any removed items,
2. For a relocation of a highway, the value shall be
only that portion of relocation costs that would be necessary to
accomplish the relocation in accordance with the desSgn standard
that the State of virginia would apply under similar'conditions of
geography and traffic load, reduced by the salvage value of any
removed items. '
3. Relocation costs shall include, but no~ necessarily
be limited to, actual costs of performing the reloca~ion;
planning, engineering and design costs; supervision
administration costs; and documented incidental costs associated
with performance of the relocation, but shall not include any
costs due to betterments, as determined by the Goverm~ent, nor any
additional cost of using new material when suitable used material
is available. Relocation costs shall be subject to an audit in'
accordance with Article X.C. of this Agreement to de~ermine
reasonableness, allocabllity0 and allowability of costs.
D. The value of the improvements made to lands~ easements,
and rights-of-way for the proper disposal of dredged~or excavated
material shall be the costs of the improvements, as determined by
the Government, subject to an audit in accordance wi~h Article
X.C. of this Agreement to determine reasonableness, allocability,
and allowability of costs. Such costs shall include, but not
necessarily be limited to, actual costs of providing the
improvements; planning, engineering and design costs; supervision
and administration costs; and documented incidental costs
associated with providing the improvements, but shali not include
any costs due to betterments, as determined by the Government.
ARTICLE V'- PROJECT COORDINATION TFJ~M
A. To provide for consistent and effective communication,
the Non-Federal Sponsor and the Government, not later than 30 days
after the effective date of this A~reement, Shall appoint named
senior representatives to a Project Coordination Team.
Thereafter, the Project Coordination Team sba11 meetlre~larly
until the end of =he period of initial construction 9nd during
each authorized periodic nourishment period. The Government's
Project Manager and a counterpart named by the Non-Federal Sponsor
shall co-chair the Project coordination Team.
B. The Government's Project Manager and the No~-Federal
Sponsor's counterpart shall keep the Project Coordin~tion Team
informed of the progress of construction and of sign~ficant
pending issues and actions, and shall seek the views~of the
Project Coordination Team on matters that the Project Coordination
Team generally oversees. ~
C. until the end of the period of ~nitial cons~ruction and
durin~ each authorized periodic nourishment period, ~he Pro~ect
coordination Team'shall generally oversee the Pro]ec~, including
issues related ~o design~ plans and sPec~fications~ ~chedulin-.
real proper~y and relocatlon requirements~ real ~r~~ ~'
the Government's cost projections~ final inspection Of the entire
Project or functional portions of the ProJec~ Preparation of the
proposed OMR~&R Manual~. antlci~ated requirements andlneeded
capabilities for performance of operation, matntenange, repair,
replacement, and rehabilitation of the ProJectz and Other related
matters. This oversight shall be consistent with a project
management plan developed by the Government after consultation
with the Non-Federal Sponsor.
D. The Project Coordination Team may make recommendations
that it deems warranted to the District Engineer on~atters that
~he Project Coordi~ation Team generally oversees, in~luding
suggestions to avoad potential sources of dispute. The Government
in good faith shall consider the recommendations of ~he Project
Coordination Team. The Government, having the le~al!authority and
responsibility for construction of the Project, has the discretion
to accept, reject, or modify the Project Coordinatio~ Team's
recommendations.
E. The costs of participation in the Project COordination
Team shall be included in total project costs and cost shared in
accordance with the provisions of this Agreement.
.SENT DY:6ENAO ; 5-29-96 ; 14:16 ;NORFOLK DJSTRiGT 60E* ~04 426
ARTICLE VI - M~THOD OF PAYMENT
A. The Government shall maintain currant records of
contributions provided by. the parties and current projections of
total project costs, total costs of initial ~construction, total
costs of periodic nourishment, and costs due to betterments. By
March 1st of each year and at least quarterly thereafter, the
Government shall provide the Non-Federal Sponsor with a report
setting forth all.contributions provided to date and,the current
projections of total project costs, of total costs of initial
construction, of total costs of periodic nourishment, of total
costs due to betterments, of the components of total project
costs, of the non-Federal share of initial cor~truct~on, of the
non-Federal share of periodic nourishment, of the maximum amount
of total project costs determined in accordance with~Article XIX
of this Agreement, of the Non-Federal Sponsor's to~al cash
contributions required in accordance with Articles Ii.B., II.D.,
ii.E, II.G, II.I, and II.J. of this Agreement, of =he non-Federal
Proportionate shares, and of the funds the Oovernmen~ projects to
be required from the Non-Federal Sponsor for the upcomin~ fiscal
year. On the effective date of this A~reemen~, total project
COSts are projected to be $380,000,000, with $102,82~,000
projected for initial construction and $277,17~,000 projected for
periodic nourishment. The Non-Federal Sponsor s cash contribution
required under Article II.D. and Article II.G. of thSs Agreement
are projected to be $35,876,000 and $97,011,000, respectively.
Such amounts are esuimates subject to adjustment by the ~overnment
and are not to be construed as the total financial
responsibilities of the Oovernment and the Non-Federal Sponsor.
B. The Non-Federal Sponsor shall provide the c~sh
contribution required under Article II.D.2 of this A~reement in
accordance with the provisions of this paragraph.
1. NO~ less than 90 calendar days Drier tO the
scheduled date fo~ l~s~&nce of the ~olieitation for the first
contract for initial construction, the ~oYernment shall notify the
Non-Federal Sponsor in writing of such scheduled date and the
funds the Government determines to be required from ~he Non-
Federal Sponsor to meet the non-Federal proportionate share of
projected financial obligations for initial construction through
the first fiscal year of initial construction, including the non-
Federal proportionate share of financial obligationslfor initial
construction incurred prior to the commencement of the period of
initial construction. Not later than such scheduled!date, the
Non-Federal Sponsor shall verify to the satisfaction.of the
Government that the Non-Federal Sponsor has deposi=e~ the required
funds in an escrow or other account acceptable to =he Government,
with interest accruing to the Non-Federal Sponsor.
2. For the second and subsequent fiscal years of
construction, the Government shall notify the NOS-Federal Sponsor
in writing, no later than 60 calendar days pr/or to ~he beginning
of that fiscal year, of the funds the GoverD_ment dete~mines to be
required from the Non-Federal Sponsor to meet the no~-Federal
proportionate share of projected financial obligations for initial
construction for that fiscal year. No later than 30 calendar days
prior to the beginning of the fiscal year, the Non-F,~deral Sponsor
shall make the full amount of the required funds for that fiscal
year available to the Government through the funding mechanism
specified in Article VI.B.1. of this Agreement.
3. The Government shall draw from the funds provided
the Non-Federal Sponsor such sums as the Government ieems
necessary to cover= (a) the non-Federal proportionate share of
financial obllgations for initial construution incurred prior to
the commencement of the period of initial o°nstructi~n~ and
the non-Federal proportionate share of finanlcial obligations for
initial construction as they are incurred during the period of
initial construction.
4. If at any time during the period of in/rial
construction the Government determines that.addltlon~l funds will
be needpd from the Non-Federal Sponsor to cover the~on-Fed~rpl
proportionate share of pro~ected financial obl.igations for ~n~tial
construction for the current fiscal year, the Government shall
notify the Non-Federal Sponsor in writing of the additional funds
required, and the Non-Federal Sponsor, no later thanl60 calendar
days from receipt of such notice, shall make the additional
required funds available through the payment mechanism specified
in Article vz.~.l. Qf ~his Agreement.
C. In advance of the Government incurring any financial
obligation associated with additional work under Article II.B. or
II.E. o~ this.A~reement, the Non-Federal Sponsor s.ha$1 verify to
the satmsfactmon of the Government that the Non-Federal Sponsor
has deposited the full amount of the funds required ~o pay for
such additional work in an escrow or other account acceptable to
the Government, with interest accruing to the Non-Federal Sponsor.
The Government shall draw from the funds provided bylthe Non-
Federal Sponsor such sums as the Government deems necessary to
cover the Government's financial obligations for suc~ additional
work as they are incurred. In the event the Government determines
that the Non-Federal Sponsor must provide additional~funds to meet
its cash contribution, the Government shall nOtify t%e Non-Federal
Sponsor in writing of the additional funds required. Within 60
calendar days thereafter, the Non-Federal SpOaSOr shall provide
the Government with a check for the full amount of t~e additional
required funds.
D. Upon the completion of the initial construction or
termination of this Agreement during the period of initial
construction, and upon resolution of all claims and appeals
relevant to the initial construction, the Government shall conduct
a final accounting and furnish the Non-Federal SponsOr with the
results of the final accounting. The Government shall make every
effort to conduct the final accounting within 180 days of the
completion of the initial construction or the termination of this
Agreement. The final accounting shall determine total costs of
initial construction, each party's contribution provided thereto,
-SENT DY:CENAO ; 5-29-96 ; 14:18 ;NORFOLK DISTRICT tOE* 604 426
and each party's required share thereof. The final accounting
also shall determine costs due to betterments during the period of
initial construction and the Non-Federal Sponsor's cash
contribution provided pursuant to Article II.B. of this Agreement.
1. In the evenU the final accou~ting shows that the
total contribution provided by the Non-~ederal Sponsor is less
than the Non-Federal share of initial construction plus costs due
to any betterments provided in accordance with Article II.B. of
this Agreement, the Non-Federal Sponsor shall, no later than 90
calendar days after receipt of written notice, make a cash payment
to the Government of whatever sum is required to meet the Non-
Federal share of initial construction plus costs due~to any
betterments provided in accordance wi~h Article II.B~ of this
Agreement.
2. In the event the final accounting shows that the
total contribution provided bM the Non-Federal SponsOr exceeds the
Non-Federal share of initial construction plus costs'due to any
Betterments provided in accordance with Article II.B~ of this
A~reement, the ~overnment shall, subject to the availability of
funds, refund the excess to the Non-Federal Sponsor no later than
90 calendar days after the final accounting is complete. In the
event existin~ funds are. not available to refund the excess to the
Non-Federal Sponsor, the ~overnment shall seek such appropriations
as are necessary to make the refund.
E. The Non-Federal Sponsor shall provide the cash
contribution required under Article II.~.2. of this Agreement in
accordance with the provisions of this paragraph.
1. Not less than ~0 calendar dams prior 2o the
scheduled date for issuance of the solicitation for ~he first
contract for periodic nourishment, the ~overnment shall notify the
Non-Federal Sponsor in writing of such scheduled da=~ and ~he
funds the ~overnment determines to be required from 2he Non-
Federal Sponsor to meet the.non-Federal Proportionate share of
projected financial obli~atxons for periodic nourishment through
the first fiscal year of the authorized periodic nourishment '-
period, including the non-Federal proportionate share of financial
obligations.for periodic nourishment incurred prior to the
commencement of the authorized periodic nourishment period. Not
later than such scheduled date, the Non-Federal SponSor shall
verify to the satisfaction of the Government that the Non-Federal
Sponsor has deposited the required funds in an escro~ or other
account acceptabl~ to the ~overnment, with interest accruing to
the Non-Federal Sponsor.
2. For the second and subsequent fiscal years of
periodic nourishment, the Government shall notify the Non-Federal
Sponsor in writing, no later than 90 calendar days prior to the
beginnin~ of that fiscal year, of the funds the Government
determines to be required from the Non-Federal Sponsor to meet the
non-Federal proportionate share of projected financial obligations
for periodic nourishment for that fiscal year. No later than 30
calendar days prior to the beginning of the fiscal year, the Non-
Federal sponsor shall make the full amount of the required funds
for that fiscal year available to the Government through the
funding mechanism specified in Article VI.E.1. of this Agreement.
3. The Government shall draw from. the funds provided
by the Non-Federal Sponsor such sums as the Government deems
necessary to coverl Ca) the non-Federal proportionate share of
financial obligations for periodic nourishment, incurred prior to
the commencement'of the authorized periodic nourishment period~
and (b) the non-Federal proportionate share of financial
ligat~ons for periodic nourishment as they are incurred during
ne authorized periodic nourishment period.
4. If at any time during the authorized Periodic
nourishment period the aovernment determines that ad~itional funds
will be needed from the Non-Federal Sponsor to cover.the non-
Federal proportionate share of projected financial obligations for
Periodic'nourishment for the current fiscal year, the Covernment
shall notify the Non-Federal Sponsor in writin~ of the additional
funds required, and the Non-Federal Sponsor, no later than 60
calendar days from receipt of such notice, shall mak~ the
additional required funds available through the payment mechanism
specified in Article VI.E.1. of this Agreement.
F. Upon the completion of each iteration of periodic
nourishment or termination of this Agreement during the authorized
periodic nourishment period, and upon resolution of ~11 claims and
appeals relevant to the periodic nourishment, the ~oVernment shall
conduct a final accounting and furnish the NOn-Federal Sponsor
with the results of the final accounting. The ~over~ment shall
make every effort to Conduct the final accounting within 180 days
of the completion of each iteration of periodic nourishment or
termination of this Agreement. The final accounting.shall
determine total costs of periodic nourishment, each ~arty's
contribu~ion provided thereto, and each party's required share
thereof. The final accounting also shall determine costs due to
betterments during the authorized periodic nourishment period and
the.Non-Federal Sponsor's cash contribution provided:pursuant to
Artmcle II.H. of this Agreement.
1. In the event the final accounting shows that the
total contribution provided by the Non-Federal Sponsgr is less
than the Non-Federal share of periodic nourishment p~us costs due
to any betterments provided in accordance with Article II.H. of
this Agreement, the Non-Federal Sponsor shall, no la,er than 90
calendar days after receipt of written notice, make a cash payment
to the Oovernment of whatever sum is required to mee~ the Non-
Federal share of periodic nourishment plus costs due to any
betterments provided in accordance with Article II.~. of this
Agreement.
~. In the event the final accounting shows that the
total contribution provided by the Non-Federal Sponsor exceeds the
Non-Federal share of periodic nourishment plus costs 'due to any
21.
betterments provided in accordance with Article II.H.. of this
Agreement, the Government shall, subject to the availability of
funds, refund the excess to ~he Non-Federal Sponsor no later than
90 calendar days. after the f~nal accounting is complete. In the
event existing funds are-not available to refund the excess to the
Non-Federal Sponsor, the aovernment shall seek: such appropriations
as are necessary to make the refund.
ARTICLE VII - DISPUTE RESOLUTION
b As .a condition precedent to a party brino;in=
reach o£ this Agreement, that party must fir~ ~v
P .Y_i9 Wrzt~ng of the nature of the purportsd hrea~h and
gooa,~smth to resolve the dispute through nego~iatio~.
parties cannot resolve the dispute through neggti~ti0n, they .may
agree to a mutually acceptable method of non-bmndmngialternatmve
dispute resolution with a qualified third party acCeptable to bo~h
parties. The parties shall each pay 50 percent of a~y costs for
the services provided by such a third party as such costs are
incurred. The existence of a dispute shall not excuse the parties
from performance pursuant to this Agreement.
ARTICLE VIII - OPERATION, MAINTENANCE, RE~AIR,
REPLACEMENT,AND REHABILITATION (OHRR&R}
A. Upon notification in accordance with Article II.C. of
this Agreement and for so long as the Project remains authorized,
the Non-Federal Sponsor shall operate, maintain, repgir, replace,
and rehabilitate the entire Pro~ect, with the except$on of
periodic nourishment, or the functional portion of the Project, at
no cost to the ~overnment, in a manner compatible wish the
BroJecb's authorized purposes and in accordance withi, applicable
Federal and State laws as provided in Article XI of ~his Agreement
and specific directions prescribed by the aovernment.in the OHRR&R
Manual and any subsequent amendments thereto.
b . . }. At 1.east annuall~ the Qovernment shal~ monitor the
each aha ~u~e profile to de~ermzne losses of nouris~ment material
from the Project desiQn sectmon and provide the results of such
monitoring to the Non-Federal Sponsor.
2. rot purposes of routine maintenance, ~xclusive of
damage or destruction by storm or other natural forces, the Non-
Federal Sponsor shall grade and reshape ~he beach and dune
profile, as needed, using material within the Projec~ area and
maintain ve~etation, fencing, dune walk-over structures, and other
Project features associa~ed with the beach and dune.
B. The Non-Federal Sponsor hereby gives the QoVernment a
right to enter, at reasonable times and in a reasonable manner,
upon property that the Non-Federal Sponsor owns or controls for
access to the Project for the purpose of inspection and, if
necessary, for the purpose of completing, operating, ~maintaining,
22
SENT BY:¢ENAO ; 5-29-96 ; 14:20 ;NORFOLK DISTRICT OOE* 004 426 5783;~24
repairing, replacing, or rehabilitating the Project.. If an
inspection shows that the Non-Federal Sponsor for anF reason is
failing to perform its obligations under thz$ Agreement~ the
Government shall send a written notice describing th~ non-
performance to the Non-Federal Sponsor. If, after 30 calendar
days from receipt of notice, the Non-Federal Sponsorlcontinues to
fail to perform, then the Government shall have the ~ight to
enter, at reasonable times and in a reasonable manner, upon
property that the Non-Federal Sponsor owns or controls for access
to the Project ~or the purpose of completing, operating,
maintaining, repa~ring, replacing, or rehabilitating'the Project.
No completion, operation, maintenance, repair, replacement, or
rehabilitation by the ~overnment shall operate to re!leve the Non-
Federal Sponsor of responsibility to meet the Non-Federal
Sponsor's obligations as set forth in this Agreemen~i or to
preclude the Government from pursuing any other remedy at law or
e~uity to ensure faithful performance pursuant to thSs Agreement.
ARTICLE IX - INDEN~IFICATION
The Non-Federal Sponsor shall hold and save the. Government
free from all damages arising from the initial construction,
periodic nourishment, operation, maintenance, repair~ replacement,
ndrehabilitation of the Project an~ any Project-rela~ed
etterments, excep9 for damages due to the fault or ~egligence of
the Governmen~ or ~ts contractors.
ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT
A. Not la=er than 60 calendar days after ~he effective date
of this Agreement, the Government and the Non-Federal Sponsor
shall develop procedures for keeping books, records,~documents,
and other evidence pertaining to costs and expenses ~ncurred
pursuant to this Agreement. These procedures shall ~ncorgorate,
and apply as appro~riate, the standards for financta% management
systems set forth ~n the Uniform Administrative Requ%rements for
~rants and Cooperative Agreements to State and Local~Governments
at 32 C.F.R. Section 33.20. The Government and the Non-Federal
Sponsor shall maintain such books, records, documents, and other
evidence in accordance with these procedures and for a minimum of
three years after the period of initial construction~ authorized
periodic nourishment period, and resolution of all relevant claims
arising therefrom~ To the extent permitted under applicable
Federal laws and regulations, the ~overnment and the~Non-Federal
Sponsor shall each allow the o~her to inspect such books,
doctunents, records, and other evidence.
B. Pursuant ~o 32 C.F.R. Section 33.26, the Non-Federal
Sponsor is responsible for complying with the single Audit Act of
1984, 31 U.S.C. Sections 7501-7507, as implemented by Office of
Managemen~ and Budget (OMB) Circular NO. A-128 and Department of
Defense Directive 7600.10. Upon request of the Non-Federal
Sponsor and to the extent permitted under applicable Federal laws
and regulations, the Gover~en~ ~hall ~rovide to ~he ~on-Fedaral
Sponsor and independent auditors any info~tion necessa~ ~o
enable an audit of the Non-Federal Sponsor's activities under this
A~reement. The costs of any non-Federal audits DerfO~ed in
accordance with this Paragraph shall be allooa~ed in~ accordance
with the provisions of ~ Circulars A-87 .~d'A-128, :and such
costs as are allocated ~o the Project shall ~ included in total
~ ' ,
D o3ect costs and cos= shared in accordance with ~he provisions of
this Agreemen~. ·
C. In accordance with 31 U.S.'C. Section~7503, hhe Government
may conduct audits in addition to any audit that the. Non-Federal
Sponsor is required to conduct under the Single Audit Act. A~y
such Government audits shall be conducted in'accordance with
Government Auditing Standards and the cost principles in OMB
Circular No. A-87 and other applicable cost principles and
regulations. The costs of ~overnment audits'performed in
accordance with this paragraph shall be incI~ded in total project
costs and cost shared in accordance with the proviai~ns of this
Agreement.
ARTICLE XI - FED~3~L AND STATE LAWS
In the exercise of their respective rights and Obligations
under this Agreement, the Non-Federal Sponsor and the Government
agree to comply with all applicable Federal and state laws and
regulations, including, but not limited to, Section 601 of the
Civil Rights Act Of 1964, Public Law 88-352 (412 U.S.C. 2000d), and
Department of Defense Directive 5500.11 izsued pursuant thereto,
as well as Army Regulations 600-7, entitled "Nondisc:~imination on
the Basis of Handicap in Programs and Activities Assisted or
Conducted by the Department of the Army..
ARTICLE XII - RELATIONSHIP OF PARTIES.
A. In the exercise of their respective rights .and
obligations under this Agreement, the Oovernment and!the Non-
~ederal Sponsor each act in an indeoende t
_n_ capacity, :and neither
· s to be considered =he officer, agent, or employee Of the other.
B, In the exercise of its rights and obligations under this
Agreement, neither party shall provide, without the Consent of the
other party, any contractor with a release that walv~s or purports
to waive any rights such other party may have to see~ relief or
redress against such contractor either pursuant to any cause of
action tha~ such other party may have or for violati0n of any law.
ARTICLE XIII - OFFICIALS NOT TO BENEFIT
NO member of or delegate to ~he Congress, nor any resident
commissioner, shall be admitted to any share or part .of this
Agreement, or to any benefit that may arise therefrom.
2~
ARTICLE XIV - TERMINATION OR SUSPENSION
A. If at any time the Non-Federal SPonsor fails to fulfill
its obligations under ArtiCle II.B., II.D., Ii.E., II~., II.H,
I!.I., VI, or XVIII.C. of this A~reement, the. Assistant Secretary
of the Army (Civil Works) shall terminate this Agreement or
suspend future performance under this Agreement unless he
determines that continuation of work on the Project is in the
interest of the United States or is necessary in order to satisfy
agreements with any other non-Federal interests in connection with
the Project.
· B. If the. Government fails to receive a-~..-~ ....... ._L.
~n amounts sufficient to meet Project e~end~=ures f~r the t~en-
current or upcoming fiscal year, the ~overnment shall so notafy
the' Non-Federal Sponsor in writing, and within 60 calendar days
thereafter either party may elect without penalty to'terminate
this Agreement or to suspend future performance under this
Agreement. In the event that either party elects tolsuspend
future performance under this Agreement pursuant to ~his
paragraph, such suspension shall remain in effect un~il such time
as the ~overnment receives sufficient appropriations or until
either the Government or the Non-Federal Sponsor elects to
terminate this Agreement.
C. In the event that either party elects to terminate this
Agreement pursuant to this Article or Article XV of =his
Agreement, both parties shall conclude their actl¥1ties relatin~
to the Project and proceed to a final accounting ~n accordance
with Article VI.D. or VI.F. of this Agreement.
D. Any termination Of this Agreement or suspension of future
performance under this Agreement in accordance with ~his Article
or Article XV of this Agreement s~all no~ relieve the parties of
liability for any obligation prevxously xnc~rred. Any delinquent
payment shall be charged interest at a rate, ~o be determined by
the Secretary of the Treasury, equal to 150 per cent~m of the
average bond equivalent rate of the 13-week Treasury!bills
auctioned immediately prior to the date on which such payment
became delinquent, or auctioned immediately prior tolthe beginning
of each additional 3-month period if the period of delinquency
exceeds 3 months.
ARTICLE XV - HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon ~irection by
the District Engineer, the Non-Federal Sponsor shall perform, or
cause to be performed, any investigations for hazardous substances
that the Government or the Non-Federal Sponsor determines to be
necessary to identify the existence and extent of any hazardous
substances regulated under the Comprehensive E~vironmental
~esponse, Compensation, and Liability ACt (hereinafter 'CERCLA.),
42 U.S.C. Sections 9601-9675, that may exist in, on, or under
lands, easements, and rights-of-way that the government
determines, pursuant to Article III of this Agreement, to be
required for the initial construction, periodic nourishment,
operation,'and maintenance of the Project. However, for lands
that the Government determines to be subject to the navi~ation
servitude, only the aovernment shall perform such investi~ations
unless the District Engineer provides the Non-Federa~ Sponsor With
prior specific written direction, in which Case the Non-Federal
Sponsor shall perform such investigations in accordance with such
written direction.
1. All actual costs incurred by the Non-Federal Sponsor
or the Government during the period of initial construction for
such investigations for hazardous substances shall b? ~ncluded in
t~tal costs of initial construction and cost shared ~n accordance
w~th
the provisions.of this Agreement, sub, eot to an~aud~t in
accordance with Article X.C. of this Agreement to de~ermxne
reasonableness, allocability, and allowability of costs.
2. All actual costs incurred by. the Non-Federal
Spon~o? or the ~overnment du~in~ the authorized periodic
nour~sfu~ent per~od for such znvesti~ations for hazardous .
substances shall be included in the total c?sts of periodic
nourishment and cos~ shared in accordance w~th the p~ovisions of
this Agreement, sub3ect to an audit ~n accordance wi~h Article
x.c. of this Agreement to determine reasonableness, allocabxlity,
and allowability of costs.
B. In the event ~t is discovered through any investigation
for hazardous substances or other means that hazardous substances
regulated under. CERC~A exist in, on, or under any la, ds,
easements, or rights-of-way that the Government dete~mines,
pursuant to Article III of this Agreement, Co be r~q~ired for the
in}tial construction, ~eriodic nourishment, operation, and
maintenance of the Pro]ect, the Non-Federal Sponsor and the
Oovernment -
t' _ shall provide prompt written notice ~o each ot~er, and
ne Non-Federal Sp?nsor shall n?t proceed w~th the acquisxtion of
the real property xnterests untxl both partxes agree'that the Non-
~ederal $~onsor should proceed.
C. The Government and th~'~og-Federal Sponsor $hall
de~ermlne whether to ~nitiate ~nmt~al construction o~ eriodic
nourishment of the Pro eot, or
........... j . .., if already in initia~ construction
or ~rlO~lC nourAsnment, wnet~er to
continue with work on the
Project, suspend future performance under this Agreement, or
terminate this Agreement
any _ . . fo? the convenience of the ~overnment, in
case wn~re hazardous substances regulated under CERCLA are
found to ex~st in, on. or under any lands, easements, or ri h
of-way that the Government .
determines, pursuant to A~ticle III Of
this Agreement, to be required for the initial construction,
periodic nourishment, operation, and maintenance of ~he Project,
Should the Government and the Non-Federal Sponsor de~ermine to
initiate or continue with initial construction or periodic
nourishment after considering any liability that may arise under
26
CERCI~A, the Non-Federal Sponsor shall be responsible, as between
the Government and the Non-Federal Sponsor, for the costs of
~lean?p and response, to include the costs of any sSudies and
xnvestxgations necessary to de=ermine an appropriate:response to
=he contamination. Such Costs shall not be consider~d a parc of
total pro~ect costs. In the even= the Non-Fsderal S~onsor fails
to provid· any funds necessary to pay for clean-up a~d response
costs or to otherwise discharge the Non-Federal Sponsor's
responsibilities under this paragraph upon directionlby
Government, the Government may, in its sole discretion, esther
terminate this Agreement for the convenience of the ~overnment,
suspend future performance under this Agreement, or continue work
on the Project.
D. The Non-Federal Sponsor and the Government shall consult
with each other in accordance with Article V of this'Agreement in
an effort to ensure that responsible parties bear any necessary
clean up and response costs as defined in CERCLA. Any decxsion
made pursuant to paragraph C. of this Article shall Dot relieve
any third party from any liability that may arise Under CEaC~A.
E. As between the Oovernment and the Non-Federal Sponsor,
=he.Non-Federal Sponsor shall be.considered ~he opera,or of ~he
Prelect for purposes of CERCLA l~ab~lit¥. To the maximum exten~
practicable, =he Non-Federal Sponsor shall opera=e, maintain,
repair, replace, and rehabilltate the Pro~ec~ in a manner that
will not cause liability to arise under CERCLA.
ARTICLE XVI - NOTICES
A. Any notice, request, demand, or other communication
required or permitted to b? giv?n ~nder.t~is Agree~e,t sha~} be
deemed to have been duly g~ven If ~n writing and e~ther delivered
personally or by telegram or mailed by first-class, registered, or
certified mail, as follows=
If =o the Non-Federal Sponsor~
City Manager
City Hall Building
Municipal Center
virginia Beach, virginia
If tO the Government~
Distric~ Engineer
U. S. Army Engineer District, Norfolk
8'03 Front Street
Norfolk, Virginia 23510-1096
B. A party may change the address to which such
communications are to be directed by giving written notice to the
other party in tho manner provided in this Article.
C. Any notice, request, demand, or other communication made
pursuant to this .A?ticle.~hall_be deemed t° have been received by
the addressee at one ear,let of such time as it is a~tually
received or seven calendar days after it is ~ailed. ~
ARTICLE XVII - CONFIDENTIALITY I
TO the extent permitted by the laws governing e~ch party, the
parties agree to maintain the confidentiality'o~ exchanged
information when requested to do so by the provzding!party.
i
ARTICLE XVIII - HISTORXC PKESF~RVATION~
A. The costs of identification, survey and eva~uatton of
historic properties shall be included in total proJeot costs and
cost shared in accordance with the provisions of this Agreement.
B. As specified in Section ?(a) of Public Law 93-291 (16
u.S.C. Section 469c(a))
. , the costs of mitigation and=data recovery
activities associated with historic preserva~ion sha~} be borne
entirely by the Government and shall not be included an total
project costs, up to the statutory liner of one percent of the
total amount authorized to be appropriated for the P~o~ect.
d C. The Government shall not incur cos.ts for mitigation and
aba recovery bhab exceed ~he s~a~u~ory one per~en~ ~imi~
spec~fied in paragraph B. of this .Article unless and. Until the
Assistant Secretary of the Army {Civil Works) has waived that
limit in accordance with Section ~08(3)
of .l~.b~ic Law 96-515 116
U.S.C. Section 469c-2(3)). Any costs of m~t~ga=ion ~nd data
recovery that exceed the one Percen~ limit shall be included an
tota~ pro~ect co,ts and cos~ shared in accordance wi~h the
provisions of this Agreement.
A~TICLE iix - SECTION 902 PROJECT COST LIMITS
The Non-Federal Sponsor has reviewed the provisions set forth
~? ~e~ttO9 90~_9~ .1~? ~aw 99-$62, as amended, and:understands
?~.s~ctlon.~o2 esca~llsles a maximum for the Cot~l cost of
zniclai construction and for the total cost of periodic
nourishment of the Beach Erosion ~ontrol and H~rricane Protection
Project at Virginia Beach, Virginia. Notwithstanding any other
provision of this Agreement, the Government shall nog make a new
P~o]ect financial obli~acion, make a '
Project expenditure, or
affor~ credit toward total project costs for the value of a
contr~bution provided by the Non-Fed-r-- .... n~
. = a& ~pOllSOr, 1£ such
obligation, expenditure, or credit would result in total ro ect
9oste exceeding this maximum amount ,.-~ ..... =---~-- -~ ~ -
, ~~ u~n~rwlse aUthOriZes
by law. On the effective date of ~- - .......... ~ ·
amount is estimated to be $153,790:000 for initial cOnstru
and $309,476,000 for Periodic nouris~.-~ ..... ~. _ .trion
accordance with ER 1~0§-2-100 using October 1, 1995 price levels
and allowances for projected future inflation. The Government
shall adjust this maximum amount in accordance~ with Section 902.
· ARTICLE XX - NATURE OF NON-FEDERAL SPQNSOR'S CASH
CONTRIBUTION WITHRESPECT TO PERIODIC'NOURISHMENT
Under Articles II and VI, the Non-Federal, Sponsor ts
obligated to make certain payments to be used ~xclusively for
providing periodic nourishment for the Projectl. The Government
agrees to use such funds exclusively to provide such periodic
nourishment service, subject to the limitatio~s herein, and the
Non-Federal Sponsor agrees to make the contributions required
herein in payment for such service. The 0over~ment and the Non-
F~al S~onsor. acknowledge that the 0overnmsn= is authorized to
w~cnaraw =rom t~e escrow fund into which such cash contributions
are made by the Non-Federal Sponsor pursuant to Article VI only in
furtherance of periodic nourishment as provided in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement, W~ich shall become effective upon 2he da~ it is signed
by the Distr~cC Engineer, U. S. Army Engineer Distr~Ct, Norfolk.
TH~ DEPARTMF~T OF THE ARMY
BYe,,
ROBERT H. REARDON, JR.
Colonel, Corps of Engineers
District Engineer
CITY OF VIRGINIA BEACH, VIRQINIA
BY:.
Ci=y Manager
City of Virginia
Beach, Virginia
DATE:...
29
CERTIFICATE OF AUTHORITY
- , o hereby certify
that I am the principal legal officer for the CAty of Virginia
Beach, Vir~inia, that the ¢it¥ of virginia Beach, virginia is a
legally constituted public body with full authority 4nd legal
capability to perform the terms of the Agreement betgeen the
Department of the Army and the City of Virginia Beach, Virginia°
in connection with the Beach Erosion Control and HUrricane
Protection Pro~ecc at Virginia Beach, Virginia, and to pay damages
i~ accordance with the terms of this Agreement, if n~cessary, in
=~e even~ of the failure to perform, as required by Section 221
Public ~aw 91-611 (~2 U.S.C. Sec=ion 1962d-$b), and. ~ha= the
persons who have executed this agreement on behalf of the city of
Virginia Beach, Virginia, have ac=ed within their
authority. .
IN WITNESS WHEREOF, I have made and executed this
cer~ification ~his . , ~ day of
].99_.
(SIC, NED)
(TYPED
(TITLE IN PULL)
CEKTIFICATION REGARDING LOBBYING
The undersigned certifies, ko the best of his cz her
knowledge and belief that:
(1) No Federal appropriated funds have been pale or will be
paid, by or on behalf of the undersigned, to.a.ny person for
influencing or attempting to influence an officer or ~employee of
any agency, a Member of Congress, an officer o9 emplOyee of
Congress, or an employee of a Member of Congress in ~onnection
with the awarding of any Federal contract, the makin~ of any
Federal grant, the making of an~ Federal loan, the e~tering into
of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal c~ntract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have
been paid or will be paid to arly person for influenc~ng' or
at'tempting to influence an officer or ampi.oyes of any agency, a
Member of Congress, an officer or employee' of Congress, or an
employee of a Member of Congress in connection with ~his .Federal
contract,-gran~, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, 'Disclosure Form to
Report Lobbying,' in accordance with its ~ns~ructiorm.
(3) The undersigned shall require that the language of this
certification be included in the award documents foria11 subawards
at all tiers (including subcontracts, subgrants, andlcont~a~
under grants, loans, and cooperative agreementsl and,that all
subrecip~ents shall certify and dlsclose accordingly~
. This certification is · material representation,of fact u~on
which reliance was placed when thas transaction was made or
entered inco. Submission of th~s certification is alprerequ~si~e
for making or entering into this transaction imposed iby Section
1352, Title 31, U.S. Code. Any person who fails to ~ile the
required certification shall be subject to a c~vi! p~nalty of not
less than $10,000 and not more than-S100,000 for each such
failure.
City Manager
DATE~
ORDINANCES/RESOL UTIONS
ITEM # 40893
CONSENT AGENDA
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to APPROPRIATE $138,000 from the Sheriff's Inmate
Telephone Fund Revenue to the Department's FY 1995-1996 Operating
Budget re increased medical and food service expenses; and estimated
revenue be increased accordingly.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Jtene 11, 1996
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3
4
5
AN ORDINANCE TO APPROPRIATE $138,000 FROM
INMATE TELEPHONE FUND REVENUES TO THE
SHERIFF'S DEPARTMENT'S FY 1995-96 OPERATING
BUDGET FOR INCREASED MEDICAL AND FOOD
SERVICE EXPENSES
6
7
WHEREAS, the Sheriff's Department receives revenues from outgoing telephone
calls made by inmates at the Virginia Beach Correctional Center;
8
9
WHEREAS, the inmate population is higher than original estimates, resulting in
greater revenues from outgoing telephone calls;
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11
WHEREAS, the revenues derived from inmate telephone calls is used by the Sheriff
to provide funding for inmate-related expenses.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $138,000 be appropriated to the Sheriff's
Department's FY 1995-96 Operating Budget in the Sheriff's Department Special
Revenue Fund for the purpose of funding increases in medical and food service
expenses, and that this appropriation be offset by an increase in estimated revenue in
the Inmate Telephone Fund.
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19
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 June
of ,1996.
APPROVED AS TO CONTENT:
Walter C.
Resource and Management Services Administrator
Department of Management Services
APPROVED AS TO
LEGAL SUFFICIENCY
- 35 -
Item IV-L. 7,
ORDINANCES/RESOL UTIONS
ITEM# 40894
CONSENT AGENDA
Upon motion by Councilman Baum, seconded by l/ice Mayor Sessoms, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE additional .federal
prevention grant funding to Mental Health-Mental Retardation-
Substance Abuse (MHMRSA); and, estimated federal revenue be
increased accordingly:
FY 1995-1996 Operating Budget re one time expenses -
$41,600.
FY 1996-1997 Operating Budget re one full time position be created to support
substance abuse prevention programs - $41,600.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John ~L Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa 34. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1996
1
2
3
4
AN ORDINANCE TO ACCEPT AND APPROPRIATE $41,600 IN ADDITIONAL FEDERAL PREVENTION
GRANT FUNDING AND TO INCREASE ESTIMATED FEDERAL REVENUE BY $41,600 IN THE FY 1995-
96 MENTAL HEALTH-MENTAL RETARDATION-SUBSTANCE ABUSE (MH-MR-SA) OPERATING
BUDGET
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WHEREAS, the Community Services Board and the Department of Mental Health, Mental
Retardation, and Substance Abuse (MHMRSA) are responsible for the coordination and implementation of
mental health, mental retardation, and substance abuse services;
WHEREAS, the department has been awarded an additional $41,600 in additional Federal
prevention grant funds for FY 1995-96;
WHEREAS, the state Department of Mental Health Mental Retardation Substance Abuse Services
has recommended that the additional funding for FY 1995-96 be used to cover one-time expenses and
purchases;
WHEREAS, MHMRSA has identified several important uses of the funds including: staff training for
strategic planning, computer and publishing software, a youth forum for summer youth, office supplies and
furniture for Substance Abuse Prevention, purchase of evaluation consultant services to develop
measurement tools, and purchase of two TV/VCR units for programs' educational use;
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that $41,600 in additional Federal prevention grant funds be accepted and appropriated to the
FY 1995-96 MHMRSA Operating Budget to be used for one time expenses;
BE IT FURTHER ORDAINED, that estimated Federal revenue for FY 1995-96 be increased by
$41,600.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 11
, day
of June
, 1996.
This ordinance shall be effective from the date of its adoption.
Approved as to Content
Department of Management Service
APPROVED AS TO
LEGAL SUFFICIENCY
F :\u~rskmg~nt ~Xmtunrsa~appropr .ord
1
2
3
4
AN ORDINANCE TO ACCEPT AND APPROPRIATE $41,600 IN ADDITIONAL FEDERAL PREVENTION
GRANT FUNDING AND TO INCREASE ESTIMATED FEDERAL REVENUE BY $41,600 IN THE FY 1996-
97 MENTAL HEALTH-MENTAL RETARDATION-SUBSTANCE ABUSE (MH-MR-SA) OPERATING
BUDGET
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WHEREAS, the Community Services Board and the Department of Mental Health, Mental
Retardation, and Substance Abuse (MHMRSA) are responsible for the coordination and implementation of
mental health, mental retardation, and substance abuse services;
WHEREAS, $41,600 in additional Federal prevention grant funds are being added to the
department's base funding for FY 1996-97;
WHEREAS, the state Department of Mental Health Mental Retardation Substance Abuse Services
states that Federal appropriations supporting the additional funding are appropriated by Congress;
WHEREAS, MHMRSA requests that the additional funding be appropriated to support a full-time
Educator II for Families Matter Program (Children of Incarcerated Parents) and other contractual services
(child care, transportation, and housing) to assist LINK and Crisis Care program consumers;
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that $41,600 in additional Federal prevention grant funds be accepted and appropriated to the
FY 1996-97 MHMRSA Operating Budget and that one full time position be created to support substance
abuse prevention programs;
BE IT FURTHER ORDAINED, that estimated Federal revenue for FY 1996-97 be increased by
$41,600.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the I 1
, day
of June
,1996.
This ordinance shall be effective on July 1, 1996.
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25
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Approved as to Content
Walter C. Kraemer, Jr.
Department of Management Service
APPROVED AS TO
LEGAL SUFFICIENCY
Item 1V-L. 8. a.
ORDINANCES/RESOL UTIONS
ITEM it 40895
CONSENT AGENDA
Barbara L. Asaro, 2537 Pamlico Loop, Phone: 427-0289, the applicant, represented herself
Charles F. Bowdoin, 3313 North Landing Road, Phone: 427-6178, spoke in OPPOSITION.
A motion was made by Councilman Dean, seconded by Council Lady Henley to DENY an Ordinance to
authorize a temporary encroachment into a portion of the easement adjacent to 2537 Pamlico Loop to
Anthony L. and Barbara L. Asaro re installation of an inground swimming pool and concrete deck
(PRINCESS ANNE BOROUGH).
A SUBSTITUTE MOTION was made Councilman Harrison, seconded by Vice Mayor Sessoms to ADOPT
an Ordinance to authorize a temporary encroachment into a portion of the easement adjacent to 2537
Pamlico Loop to Anthony L. and Barbara L. Asaro re installation of an inground swimming pool and
concrete deck (PRINCESS ANNE BOROUGH).
4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Linwood O. Branch, III, William W. Harrison, Jr., Vice Mayor William
D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
John A. Baum, Robert IC Dean, tlarold Ileischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndorf and Nancy IC Parker
Council Members Absent:
None
June 11, 1996
- 37 -
ORDINANCES/RESOLUTIONS ITEM # 40895 (Continued)
CONSENT AGENDA
Upon motion by Councilman Dean, seconded by Council Lady Henley, City Council DENIED:
Ordinance to authorize a temporary encroachment into a portion of the
easement adjaccnt to 2537 Patnlico Loop to Anthony L. and Barbara L.
Asaro re installation of an inground swimming pool and concrete deck
(PRINCESS ANNE BOROUGH).
Voting: 7-4
Council Members Voting Aye:
John A. Baurn, Robert IC Dean, Harold Heischober, Barbara M. Henley,
Louis R~ Jones, Mayor Meyera E. Oberndorf and Nancy IC Parker
Council Members Voting Nay:
Linwood O. Branch, III, William W. Harrison, Jr., Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Absent:
None
June I1, 1996
ORDINANCES/RESOLUTIONS
ITEM # 40896
CONSENT AGENDA
Andrea M. Kilmer, 801 Costa Grande Drive, Phone: 721-2908
Upon motion by Councilman Dean, seconded by Councilman Branch, City Council ADOPTED:
Orch'nance to authorize a temporary encroachment into a portion of the
City's 15-foot maintenance and 150-foot drainage easement at the rear
of, ana~ onto a portion of City owned property designated as a lO0-foot
drainage and public use easement adjacent to 801 Costa Grande Drive
to Ronald L. and Andrea M. Kilmer re installation of an inground
swimming pool and maintenance of an existing wooden bulkhead
(PRINCESS ANNE BOROUGH)
The following conditions shall be required:
1. The owner agrees to remove the encroachment when notified by
the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
4. The owner must obtain a permit from the Development Services
Center prior to commencing any construction.
The owner must obtain and keep in force Ali Risk Property
Insurance and Comprehensive General Liability in an amount
not less than $500,000.
6.
The owner agrees that all above ground encroachments shall
conform to the minimum setbacks requirements, as established
by the City Traffic Engineer's Office.
7.
The owner shall submit for review and approval, a survey of
the area being encroached upon, certified by a professional
engineer, and/or "as built" plans of the encroachment, if
required by either the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1996
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
CITY'S 15' MAINTENANCE
EASEMENT, 150' DRAINAGE
EASEMENT, AND 100'
DRAINAGE EASEMENT AND
PUBLIC USE EASEMENT
(OWNED IN FEE SIMPLE BY
THE CITY OF VIRGINIA
BEACH) TO RONALD L.
KILMER AND ANDREA M.
KILMER, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN
TITLE
16
17
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
RONALD L. KILMER and ANDREA M. KILMER, their heirs, assigns and
successors in title are authorized to construct and maintain a
temporary encroachment into the City's 15' maintenance easement,
150' drainage easement, and 100' drainage easement and public use
easement (owned in fee simple by the City of Virginia Beach).
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining an inground swimming
pool and maintaining an existing wooden bulkhead and that said
encroachment shall be constructed and maintained in accordance with
the City of Virginia Beach Public Works Department's specifications
as to size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
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An area of encroachment into a
portion of the City's 15'
maintenance easement, 150' drainage
easement, and 100' drainage easement
and public use easement (owned in
fee simple by the City of Virginia
Beach), as shown on that certain
plat entitled: "PHYSICAL SURVEY OF:
LOT 78, SUBDIVISION OF LAGOMAR,
SECTION 6, PHASE 2, PART C, PRINCESS
ANNE BOROUGH, VIRGINIA BEACH, VA.
FOR: RON KILMER-ANDREA KILMER-HAROLD
C. WARREN, JR. LAND SURVEYOR-SCALE:
1" = 30'-DATE: APRIL 12, 1996", a
copy of which is on file in the
Department of Public Works and to
which reference is made for a more
particular description.
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52
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to RONALD L. KILMER and ANDREA M. KILMER, their heirs,
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assigns and successors in title and that within thirty (30) days
after such notice is given, said encroachment shall be removed from
the City's 15' maintenance easement, 150' drainage easement, and
100' drainage easement and public use easement (owned in fee simple
by the City of Virginia Beach) and that RONALD L. KILMER and ANDREA
M. KILMER, their heirs, assigns and successors in title shall bear
all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that RONALD M. KILMER andANDREA M. KILMER, their heirs,
assigns and successors in title shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file or
defend an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that the party of the second part
agrees to maintain said encroachment so as not to become unsightly
or a hazard.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that RONALD M. KILMER and ANDREA M.
KILMER execute an agreement with the City of Virginia Beach
encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of 3une
· 19 96 .
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CBC
May 9, 1996
GPIN 2424-02-7227
APPROVED AS TO CONTENT
Department
APPROVED AS TO
LEGAL SUFFICIENCY
2
THIS AGREEMENT, made this %%~ day of ~ 0~. ,
19~, by and between the CITY OF VIRGINIA BEACH, VIRGINIa, a
municipal corporation, Grantor, party of the first part, and
RONALD L. KILMER and ANDREA M. KILMER, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the
second part (even though more than one).
WI TNESSETH:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain an inground swimming pool
and wooden bulkhead in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such inground
swimming pool and wooden bulkhead, it is necessary that the said
party of the second part encroach into a portion of an existing
City 15' maintenance easement, 150' drainage easement, and 100'
drainage easement and public use easement (owned in fee simple by
the City of Virginia Beach); and said party of the second part
has requested that the party of the first part grant a temporary
encroachment to facilitate such inground swimming pool and wooden
bulkhead within a portion of the City's 15' maintenance easement,
150' drainage easement, and 100' drainage easement and public use
easement (owned in fee simple by the City of Virginia Beach).
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
GPIN 2424-02-7227
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's 15' maintenance
easement, 150' drainage easement, and 100' drainage easement and
public use easement (owned in fee simple by the City of Virginia
Beach) for the purpose of constructing and maintaining such
inground swimming pool and wooden bulkhead.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's 15' maintenance easement, 150'
drainage easement, and 100' drainage
easement and public use easement (owned in
fee simple by the City of Virginia Beach) as
shown on that certain plat entitled:
"PHYSICAL SURVEY OF: LOT 78, SUBDIVISION OF
LAGOMAR, SECTION 6, PHASE 2, PART C,
PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA.
FOR: RON KILMER-ANDREA KILMER.HAROLD C.
WARREN, JR. LAND SURVEYOR-SCALE: 1" = 30'-
DATE: APRIL 12, 1996", a copy of which is
attached hereto as Exhibit "A" and to which
reference is made for a more particular
description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
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given, such temporary encroacnment shall be removed from the
City's 15' maintenance easement, 150' drainage easement, and 100'
drainage easement and public use easement by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to co~..encing any construction.
It is further expressly understood and agreed that the
party of the second part shall obtain and keep in force All Risk
Property Insurance and General Liability or such insurance as is
deemed necessary by the party of the first part, and all
insurance policies must name the party of the first part as
additional named insured or loss payee, as applicable. The party
of the second part also agrees to carry Comprehensive General
Liability Insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The
party of the second part will provide endorsements providing at
least thirty (30) days written notice to the party of the first
part prior to the cancellation or termination of, or material
change to, any of the insurance policies. The party of the
second part assumes all responsibilities and liabilities, vested
or contingent, with relation to the encroachment.
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum setbacks
requirements, as established by the City Traffic Engineer's
Office.
It is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, RONALD L. KILMER and ANDREA M.
KILMER, the said party of the second part have caused this
Agreement to be executed by their signatures and seals duly
affixed. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested by
its City Clerk.
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CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
zo CON'r :r, rr
SIGNORE
DEPARTMENT
/~NALD L. KILMER
ANDREA M. KILMER
(SEAL)
APPROVED AS TO
LEGAL SUFFi.u ~ E.~.,.,,y
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
If
· a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of , 19 , has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
·
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
· a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 , has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
·
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH· to-wit:
I~ ...... (~¢~.i~_~_.~.,~¢~<.C' , a Notary Public
in and for the~/ty and State aforesaid, do hereby certify that
RONALD L. KILMER and ANDREA M. KILMER0 whose names are signed to
the foregoing writing· bearing date the ~-~¥~' day of
~[t~.,~ , 19~1~, have acknowledged the same before
me ~n my City and State aforesaid.
Given under my hand this
1 ·
·
My Commission Expires:
day of
Notary Pu~c F\_
7
AS
Tile BUI
NO ENCROACHM
TO CERTIFY THAT I. ON A/:),¢/L /2 ,lg~ ,SJRVEYED THE PROPERLY
PRAT, AND IIIAT 1lIE TITLE LINES AND -rile WAI.LS OF TIlE BUILDINGS
THIS PLAT.
) TFAND STRICTLY WITitlN THE TITLE LINES Al'ID TItER£ .'.~I~E'L ','- '"
OTHER BUILDINGS ON THE PROPERTY. EXCEPT'.~,S'~"H~WNi
SIGNED ~." '?'
~n. woOD
77 ~
L
C o£?A
TillS HOUSE IS IN ZONE C.
FEDERAL EMERGENCY MANAGEMENT
AGENCY, COMMUNITY-PANEL NUMBER
5~5531 0043C. MAP DATED 1/17/85
SCALE : 1" ==30'
PI IYSICAL SURVEY
OF:
LOT 78~ SUBDTVTS[ON OF'
LAGOMAR, SECTION 6, PItASE 2,
PART C, PHINCESS ANNE BOROUGII,
VIRGS[NIA BEACH, VA.
FOR:
RON KILMER
AHDREA KILMER
NO TITLE REPORT WAS FURNISHED TO THE
SURVEYOR PRIOR TO THE PERFORMANCE OF
THIS SURVEY.
HAROLD C. WARREN.JR.
L,~I~ D SURVEYOR
5935 INDIAN RIVER ROAD
VIRGIHIA BEACH.VIRGINIA 23456
F,B. 2o~ ,P. 3~
FII E NO,
PlAT hECORDED IN VA.
c)u. 2555 p.
- 39 -
ORDINANCES~RES OL UTIONS
ITEM # 40897
CONSENT AGENDA
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council APPROVED:
Applications for Annual Permit Renewal for private, municipal and
non-profit organizations operating emergency medical service agencies
or vehicles within the City, pursuant to Section 10.5-2 of the City Code:
Advanced Wheelchair Transport, Inc.
Chesapeake Emergency Medical Service
Chesbay Medical Transport
ChiMren's Hospital of the Ka'ngs Daughters
Eastern Medical Transport
Mariners Associates/Ramada Plaza Resort
Medical Transport, Inc.
Mercy/Tidewater Ambulance Service
Nightingale Air Ambulance
Norfolk Fire and Paramedical Services
Ocean Rentals LTD
Virginia Beach Lifesaving Service
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baam, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members l,~oting Nay:
None
Council Members Absent:
None
June 11, 1996
3 MORGI M~ WAY
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/
~ ' .:?,. ~R ~ -,,.~. ,,..
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~ ~ ~ ~ ~ ~ ~' .~, '~.,.'..'[.~ ~'~ :,' ~, ~.",.,.', :.,
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'~'8
~ ~ ~'~ ~""?~: '"" 'q'~'~' ~//x~.,,~:'~
Item 1V-L. IO.
ORDINANCES~RESOLUTIONS
ITEM # 40898
CONSENT AGENDA
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Beach Taxi, Inc.
Yellow Cab Company
Long Limousine Service
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1996
ORDINANCES/RESOLUTIONS
ITEM # 40899
June Barrett McDaniels, 2902 Erikesen Court, Phone: 496-2570, Member of the Board - Elizabeth River
Project.
Harry T. Lester, 2101 Parks Avenue, Phone: 428-7655, President, Virginia Beach Vision, Inc.
Cyndy Bourguard, 3113 Lynn Acres, Phone: 463-8398, President - Hampton Roads Public
Transportation Alliance.
Sue W. Carlyle, 1425 Alanton Drive, Phone: 481-2538, represented the Southeastern Association for
Virginia Environment
Roger Newil~ 1277 East Bayshore Drive, Phone: 429-1624, represented the Resort Area Advisory
Commission
Steve Vinson, 2965 Lynnhaven Drive, Phone: 496-9065
The following spoke in OPPOSITION:
W. Thomas Sawyer, Jr., 1461 Carolyn Drive, 23451, Phone: 428-7255
Richard Robertson, 5544 Parliament Drive, Phone: 497-4960
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council DEFERRED
until the City Council Session of July 9, 1996:
Resolution re the Major Investment Study for the Route 44/1-264
Corridor (Light Rail) by the Tidewater Transportation District
Commission; that the Planning Commission include Light Rail in an issue
to be considered in the process of amending the City's Comprehensive
Plan; ana~ that the City Manager direct an analysis of the Light Rail
alternative to meet the strategic needs of the City.
This DEFERRAL will allow discussions and information to be provided relative Norfolk Southern's
ownership of the rail. An estimated cost shall also be furnished concerning the spur to the Naval Base.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John ~ Baum, Linwood O. Branch, III, Robert K, Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis IL Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1996
ORDINANCES/RESOL UTIONS
ITEM # 40900
CONSENT AGENDA
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council APPROVED:
Resolution to request the Virginia Department of Transportation (VDOT)
cancel the City's FY1996-1997/01-02 Six Year Improvement project for
the improvement of Jeanne Street from Independence Boulevard to
Constitution Drive, a distance of approximately 0.2 miles; and, the City
agrees to reimburse the Virginia Department of Transportation (VDOT)
for the total funds expended for this project through the date the
Department is notified of such cancellation.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
J~tne 11, 1996
PRO~ECT RESOLUTION
WHEREAS, in accordance with Virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department cancel an urban highway project in the City of Virginia
Beach from the current Six Year Improvement Program; now
THEREFORE BE IT RESOLVED, that the City of Virginia Beach,
Virginia requests the Virginia Department of Transportation to
cancel a project for
Independence Boulevard
approximately 0.2 miles.
the improvement of Jeanne Street from
to Constitution Drive, a distance of
BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby
agrees to reimburse the Virginia Department of Transportation for
the'total amount of the costs expended by the Department through
the date the Department is notified of such cancellation.
Adopted this 11 day of June
City of Virginia Beach, Virginia
, 1996
ATTEST BY
CITY CLERK
CITY MANAGER/CITY MANAGER DESIGNEE
APPROVED A5 TO !3GAL
CITY ATTORNEY
PROJECT PROGRAMMING RESOLUTION
WHEREAS, in accordance with Virginia Department of'
Transportation construction allocation procedures, it is necessary
that a request by council resolution be made in order that the
Department program an urban highway project in the City of Virginia
Beach; no~
THEREFORE BE IT RESOLVED, that the City Council' of Virginia
Beach, Virginia requests the Virginia Department of Transportation
to establish a project for the ~mprovement of Jeanne Street from
Independence Boulevard to Constitution Drive, a distance of
approximately 0.2 miles.
BE IT FURTHER RESOLVED, that the City Council of Virginia
Beach hereby agrees to pay its share of the total cost for
preliminary engineering, right of way and construction of this
project in accordance with Section 33.1-44 of the Code of Virginia,
and that, if Virginia Beach subsequently elects to cancel this
project, Virginia Beach hereby agrees to reimburse the Virginia
Department of Transportation for the total amount of the costs
expended by the Department through the date the Department is
notified of such cancellation.
Adopted this 28 day of September, 1993
city of Virginia Beach, Virginia
ATTEST
CLERK OF COUNCIL
CERTIFIED TO BE A TRUE
COPY OF A RESOLUTION
ADOPTED BY THE COUNCIL'
OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, ON
SEPTEMBER 28, 1993.
Ruth/Hodges Smith, CMC/AAE
City Clerk
APPROVED AS TO COl"i'l
DEPARTMENT
~,PPROVED AS TO LEGAL
.~'I)i::ICIEI,;ICY AND.[qRM/3 .
CITY ATTORNEY
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A RESOLUTION AUTHORIZING CITY STAFF TO MAKE A
PRESENTATION TO THE COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION REGARDING THE
PROPOSED INDEPENDENCE BOULEVARD PHASE IV-B
PROJECT, THE REALLOCATION OF URBAN FUNDS FROM
CERTAIN PROGRAMMED PROJECTS TO PROMOTE THE
DEVELOPMENT AND CONSTRUCTION OF THE
SOUTHEASTERN PARKWAY AND GREENBELT,
RECOMMENDED IMPROVEMENTS TO 1-64AND ROUTE 44,
AND OTHER INITIATIVES DESIGNED TO ENHANCE BOTH
REGIONAL AND LOCAL ACCESS
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15
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WHEREAS, City staff has recommended cancellation of the
Jeanne Street Project and the reallocation of all programmed funds
to a new project, designated as Independence Boulevard Phase IV-B,
involving the construction of improvements at the intersection of
Haygood Road and Independence Boulevard;
WHEREAS, City staff has also recommended a redirection of
urban allocations to fund the Southeastern Parkway and Greenbelt
Project;
WHEREAS, City staff has further recommended designated
improvements to Interstate 64 and Route 44;
WHEREAS, City staff made a presentation to City Council
regarding these recommendations at Council's meeting on March 19,
1996; and
WHEREAS, the City Manager has requested authorization
from City Council for City staff to present these recommendations,
and related initiatives, to the Commonwealth of Virginia Department
of Transportation at the Suffolk District Preallocation Hearing on
March 27, 1996.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby authorizes City staff to
make a presentation to the Commonwealth of Virginia Department of
Transportation regarding the proposed Independence Boulevard Phase
IV-B Project, the reallocation of urban funds from certain
programmed projects to promote'the development and construction of
the Southeastern Parkway and Greenbelt, recommended improvements to
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44
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Interstate 64 and Route 44, and other initiatives designated to
enhance both regional and local access.
2. That the presentation to be made by City staff shall
be in substantial conformance with the proposed statement which is
attached hereto as "Exhibit A," and is hereby incorporated by
reference.
Adopted by..the Council of the City of Virginia Beach,
Virginia, on the 26th day of M-~h , 1996.
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CA-6257
ORDIN \NONCODE \ PHASEIV. RES
R-1
PREPARED: 03 / 2 0 / 9 6
CERTIFIED TO BE A TRUE COPY OF A
RESOLUTION ADOPTED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, ON March 26, 1996
~th Hodg~ Smith, CMC/~E
City Clerk
BTATEHENT OF JOHN W, HERZKEv PE
CITY ENGINEER~ DEPARTHENT OF PUBLIC WORKS
CITY OF VIRGINIA BEACH~ VIRGINIA
AT THE
COI~OI~EALTH OF VIRGINI~
DEPARTHENT OF TRANSPORTATION
SUFFOLK DISTRICT PREALLOCATION HEARING
MARCH 27~ 1996
COMMISSIONER AND MEMBERS OF THE COMMONWEALTH TRANSPORTATION BOARD:
Good Morning, I am John W. Herzke, representing the Public
Works Department, of the City of Virginia Beach.
On behalf of the City Council, the City executive staff and
the Director of Public Works of the City of Virginia Beach, I am
pleased to be here this morning to present this statement regarding
the roadway network needs of Virginia Beach motorists. We believe
these needs can be most effectively addressed by the continued
proactive actions of the Commonwealth Transportation Board, through
its Six-Year Improvement Program, and the continued diligent
execution of the program by the personnel of the Virginia
Department of Transportation at both the Richmond and Suffolk
District levels.
My remarks will be in three categories: Urban Construction,
and its relationship to the Southeastern Parkway and Greenbelt,
Interstate 64 Improvements, and Route 44 Improvements.
URBAN CONBTRUOTXON/SOUTHF~STERN PARKWAY ~ GREENBELT
First, I would like to thank the Department for the completion
of two major projects in Virginia Beach since our last
preallocation hearing. The construction of a new highway, South
Plaza Trail, which provides a vital transportation link on new
alignment from Independence Boulevard to Princess Anne Road, and
the construction of a second crossing of Rudee Inlet in our resort
area with aocompletion of the Rudee Inlet Bridge project. Both of
these highway improvements have significantly improved travel time,
and completed vital links in our north-south transportation corridors.
There are three other VDOT funded projects currently under
construction in Virginia Beach:
1) Military Highway provides the widening of Route 13
serving the transportation needs of the region including the
adjoining cities of Norfolk and Chesapeake.
2) Interchange improvements are being completed at the
Birdneck Road intersection with Route 44, and
3) Sound barrier walls are currently under construction
along the Independence Boulevard interchange on Route 44.
Twenty additional projects are included in the planning,
design or right-of-way acquisition stages of the current six-year
program. Several projects such as Kempsville Road, Salem Road,
Lynnhaven Parkway, and London Bridge Road should begin construction
within the next two to three years. The remaining projects for
Virginia Beach included in the current VDOT Six-Year Urban
Allocation program have planning and engineering efforts underway.
Most of these projects are scheduled for construction completion
near the end of this six-year program. These projects are vitally
needed components of the City's Master Street and Highway Plan.
The City understands that several projects were experiencing delays
associated with air quality issues. With the completion of the
congestion mitigation study for the region, we are confident that
the Department can keep our program moving forward. Any and all
efforts by VDOT to prevent slippage and to improve on current
comple~ion schedules would be greatly appreciated by Virginia
Beach.
On the basis of our anticipated annual allocation, and the
current estimate of funds available within prior allocations, we
have identified the following modifications for your consideration
in conjunction with this annual updating of the VDOT Six-Year
Improvement Plan.
First, we would like to request the cancellation of project
U000-134-V38, Jeanne Street and a reappropriation of all programmed
funds to a new VDOT project in the Independence Boulevard corridor
which is a'hi~h priority for Virginia Beach. Specifically, we
request the Department to program the acquisition of right-of-way
and construction of improvements at the intersection of Haygood
Road and Independence Boulevard, which we have designated as
Independence Boulevard, Phase IV-B. This project will complete the
work of the existing VDOT project which widens Independence
Boulevard from Pembroke Boulevard north to Haygood Road. The City
is administering the design and construction of the VDOT project
which has already been programmed and we would plan on
administering the acquisition and construction of this new project
if included in the updated six-year program. The City has already
undertaken the design work on this major intersection improvement
and will have design completed by this spring. Our current
estimate to complete acquisition and construction of the
Independence Boulevard/Haygood Road intersection is approximately
4.6 million dollars.
Our second request involves a redirection of Urban Allocations
to fund the Southeastern Parkway and Greenbelt Project. This
project has, for many years, been an integral part of the Master
Street and Highway Plan of the City of Virginia Beach.
Improvements to our roadway network have been planned and
implemented on the assumption the roadway would, eventually, be
constructed. We ask that you consider delaying Holland Road
(Project U000-134-145) and all programmed improvements to the
Laskin Road corridor (Project 0058-134-V02, V03 and V04) and
reapp~opriate those funds towards the design and construction of
the Southeastern Parkway and Greenbelt (Project U000-134-F23).
These projects currently represent 60.4 million dollars of total
urban allocations of which 47 million is already programmed in the
current six-year plan. This reallocation of urban funds will
provide a means to begin financing of this regional limited access
facility and is consistent with the actions taken by the CTB on
February 15, 1996 which approved the final corridor alignment and
authorized completion of the final Environmental Impact Statement.
Our City Council fully endorses this project and it is one of our
highest pri~ri~les-
Also, in support of the Southeastern Parkway and Greenbelt, we
ask for a modification of the parallel facility improvements
currently planned for Oceana Boulevard and reprogram any excess
funds from that project to the Southeastern Parkway and Greenbelt.
Specifically, we would request your consideration of a modified
project for Oceana Boulevard/First Colonial Road Extension (Project
U000-134-118) to construct a two-lane highway on new alignment at
the north end of the project from existing First Colonial Road to
existing Oceana Boulevard. The modified project would also include
a realignment at the southern end of the project from Oceana
Boulevard to General Booth Boulevard at its present intersection
with Prosperity Road. This alignment would also provide a two-lane
facility and an improved intersection at General Booth Boulevard to
accommodate local traffic demand. Existing oceana Boulevard from
Southern Boulevard to Harpers Road would not be widened as
presently proposed by this project, since the Southeastern Parkway
and Greenbelt will be constructed parallel to and just to the east
of the First Colonial project. The Southeastern Parkway and
Greenbelt project will provide major transportation benefits in
this corridor with planned interchange improvements at Route 44,
Virginia Beach Boulevard, the Oceana Naval Air Station main gate
entrance, and Dam Neck Road.
Clearly, our objective in working with the Department is to
place a high priority on the progressive development, design and
construction of the Southeastern Parkway and Greenbelt as our
highest priority project. We encourage the Department to move
towards construction as soon as possible on this project, and we
will prQvide aa mu~h assistance as' we can towards achieving a
viable financing and funding plan.
4
INTERSTATE 64
I would like to turn now to a brief discussion of VDOT's
planned improvements to Interstate 64, addressing those areas of
particular importance to Virginia Beach. First, we acknowledge and
thank you for your ongoing efforts to widen 1-64 to a six-lane
facility with HOV lanes between Route 44 and the Western City Line.
Secondly, as previously requested, we would appreciate
consideration being given to including HOV access at Northampton
Boulevard in the six-year program. This HOV access is essential to
preclude motorists, residing in the northern area of the City, from
having to travel south to Route 44 to gain access to HOV lanes. It
will also reduce traffic on the remaining lanes of 1-64 west of
Northampton Boulevard.
Finally, the Virginia Beach City Council has endorsed a VDOT
proposal to construct an additional interchange between Indian
River Road and Greenbrier Parkway at the planned junction of City
Line Road and Interstate 64. The City has added City Line Road to
its Master Street and Highway Plan and, we would like to thank the
Department for their addition of this project to the VDOT program.
The city supports the rapid progression of this project from the
engineering phase to construction completion and again requests
your support to move this project to timely completion.
ROUTE 44
The following remarks pertain to Route 44, the Virginia Beach
Expressway. We would like to thank the Department for all of your
efforts to date for the construction of the Route 44/Birdneok Road
interchange which has a construction'completion date of April 15,
1996. This project, taken together with the VDOT project for
upgrading Birdneck Road, will complete the improvements of the
Birdneck Road corridor. This will provide greatly improved access
to the City's Pavilion area and create a beneficial by-pass of the
resort area for southbound traffic.
We are again asking that you examine the Route 44/Witchduck
Road inte~cha~ge for improved operational considerations.
5
Increased capacity and smoother traffic flows through the area
appear attainable through geometric modifications and other
improvements. As part of the assessment, consideration will need
to be given to the impacts of planned interchange improvements on
the local street network in the area. On balance, we believe both
the intersection and the potential of the roadway network in this
area can be enhanced, and we seek your assistance to accomplish
this. We also ask the Department to program additional
improvements at the Rosemont Road interchange. We appreciate the
modifications that were completed last October, but these are only
interim measures and major modifications are warranted.
Thank you for affording me the opportunity to appear before
the Board today and present the requests of the City of Virginia
Beach.
BLG/nfe 3/14/96
6
CITY OF VIRGINIA BEACH, VIRGINIA
FY 1996-97 / FY 2001-2002 CAPITAL IMPROVEMENT PROGRAM
Project Category: Project Number and T~e: Priority ,: *
Roadways 2-164 Jeanne Street
UNAPPROPRIATED SUBSEQUENT YEARS
Total Budget
Estimated Appropriafior. s Year I Year 2 Year 3 Year 4 Year 5 Year 6
Cost To Date FY 1996-97 FY 1997-98 FY 1998-99 FY 1999-00 FY 2000-01 FY 2001-02
624,160 374,160 250,000 0 0 0 0 0
Opera,rig Budget Impact 0 0 0 3,000 3,090 3,185
L_ OE-~CR!PT'.C~N AND SCOPE
I · I'.'t~ [;l() CC: .~ 'C.' C"-rt.q'.riJ-'llOn of cefc'til[te.'-.: im-"}rove"t'..cfiT5 3l '.fie J~:;Jrt:te STreet and C~fISI.IIJ[.'on ;:)five inTeriec:lCiI. The ml=fcvemen[s
will include raised medians, striping and dome markers designed to improve traffic flow through the intersection and to prevent non-local
traffic on Constitution Orive.
"TI"~ .~ ,')' =1!;:~;. ;'~111 prey 'J.~ ~! .'ree.fl,~'..~l'~3 traff.'= ;rom
the Pembroke Manor subdivision.
JLJSTIFICATiON AND IMPACT
J,rB,:'la 5ed¢;rt E,~,tl.ev;zrn Io In.~el~eno:?nce BolJ.evara. aha i111nlm. ZO ;r;.ll'l" f,O;'.' mro..gn
HISTGRY
· ll~. :~'"l~,"t T.rS: acp,.',.=rr.~J '. Ir,e ~Y 1992-~3, CIP a~. a majc' :oa."-way ,m~,rovemefi: r;roject at an est~ma:e3 (:-"-5~ -'.f ~[,768,..7. W~m
the FY 1993-94 CIP, VDOT accepted the project as a state road project. In the FY 1996-97 CIP, this project's scope has been greatly
reduced, and the project is no longer a VDOT project. Funding ia programmed to close out the project with VDOT, and construct the
intersection improvements.
City owned.
ACTIVITY FROM - TO AMOUNT
Inspections and Support 7193 - 12198 41,000
Design 7193- 7/97 367,160
Site Acquisition 5/97 - 11/97 10,000
Private UtiltiyAdjustments 11197 - 4~98 10,000
Construction 4198- 9/98 140,000
Landscaping 9~98 - 12/98 5,000
Contingencies 7193 - 12/98 51,000
Total Budgetary Coat Estimate
824,16O
1995 Charter Bonda 118,000
Operating Budget 10,000
Pay-As-You-Go 250,000
Total 624,160
Pembroke Mall
30
Item V-M.
PUBLIC HEARING
ITEM ti 409O1
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. SANFORD M. AND LAUREL E. ROSENBERG
STREET CLOSURE
2. BPP DEVELOPERS, INC.
STREET CLOSURE
3. PANDELL BUILDERS, INC.
VARIANCE
4. JANE R. DOWDY
VARIANCE
$. VIRGINIA METRONET, INC.~
CONDITION~IL USE PERMIT
6. EXXON CORPORATION
CONDITIONAL USE PERMIT
7. ANNIE B. AND FLOYD E. KELL&M, JR.
CHANGE OF ZONING
8. CITY OF VIRGINIA BEACH
STREET CLOSURE
June 11, 1996
Item V-M.
PUBLIC HEARING
ITEM # 40902
PLANNING BY CONSENT
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council APPROVED IN ONE
MOTION Items 1, 3, 4, 5 and 8 of the PLANNING BY CONSENT AGENDA.
Items 1 and 3 were approved subject to compliance of conditions by December 10, 1996.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady Parker ABSTAINED on Item 8 as she and her husband are owners of Parker Pools.
June 11, 1996
Item V-M. 1.
PUBLIC HEARING
ITEM # 40903
PLANNING BY CONSENT
Upon motion by Councilman Baton, seconded by Vice Mayor Sessoms, City Council APPROVED
SUBJECT TO COMPLIANCE BY DECEMBER 10, 1996 the Application of SANFORD M. and
LAUREL E. ROSENBERG for the discontinuance, closure and abandonment of a portion of a 15-foot
alley.
Petition of Sanford M. and & Laurel E. Rosenberg for the
discontinuance, closure and abandonment of a portion of a 15 foot alley
located adjacent to Lots 6 and 18, Block 20, Croatan Beach. Said parcel
contains 750 square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
The City Attorney's Office shall make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department.
2.
All funds generated from this purchase shall be deposited in the
Croatan Beach access account and utilized by the City to
purchase additional access to the beach in the Croatan area at
an appropriate location.
The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into
adjoining parcels and ensure that all lots have access to a
public street.
The applicant is responsible for determining if any private
utilities are located within the area proposed for closure and
working with the private utility companies to provide any
necessary easements. Preliminary comments from the private
utility companies indicate that no private utilities will be
impacted.
Closure of this right-of-way is contingent upon compliance
with the above stated conditions within 180 days of approval by
City Council.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III,, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June IL 1996
PUBLIC HEARING ITEM # 40904
PI. eINNING
~dttorney Robert Jones, represented the applicant
Dr. Steve Vinson, 2965 Lynnhaven Drive, Phone: 496-9065, registered in OPPOSITION
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council APPROF'ED
SUBJECT TO COMPLIANCE B Y DECEMBER 10, 1996 the Application of BPP DEVELOPERS, INC.,
a Virginia Corporation for the discontinuance, closure and abandonmet~t of Lynnhaven Drive:
Petition of BPP Developers, Inc., a Virginia Corporation for the
discontinuance, closure and abandonment of Lynnhaven Drive beginning
at a point 151.6 feet east of Vista Drive and running in an easterly
direction a distance of 115 feet. Said parcel is variable in width and
contains 3239 square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
The City Attorney's Office shall make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's interest in Streets
Pursuant to Street Closures", approved by City Council.
Copies of the policy are available in the Planning Department.
The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into the
adjoining parcel.
The applicant is responsible for determining if any private
utilities are located within the area proposed for closure and
worla'ng with the private utility companies to provide any
necessary easements. Preliminary comments from the private
utility companies indicate that no private utilities will be
impacted.
Closure of the right-of-way shall be contingent upon
compliance with the above stated conditions within 180 days of
the approval by City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert ~ Dean, William gE.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis iZ Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members ~lbsent:
Louisa M. Strayhorn
June 11, 1996
- 47 -
Item V-M.$,
PUBLIC HEARING
ITEM # 40905
PLANNING BY CONSENT
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council APPROVED
Application of PANDELL BUILDERS, INC., for a Variatw¢ to Section 4.4(b) of the Subdivision
Ordinance which requires that all lots created by subdivision meet all the requirements of the City Zoning
Ordinance.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, subdivision for Pandell Builders,
Inc. Property is located at the southeast intersection of Reedtown Road
and Mason Street. BAYSIDE BOROUGH.
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessotns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1996
- 48 -
Item V-M, 4,
PUBLIC HEARING
ITEM # 40906
PLANNING BY CONSENT
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council APPROVED
Apph'cation of JANE R. DOWDY for a Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all newly created lots to 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 Jane R. Dowdy.
Property is located on South Spigel Drive on Lot B, Proposed Dowdy
Acres. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. No development will be permitted within the limits of the
Resource Protection Area.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R~ Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1996
- 49 -
PUBLIC HEARING
ITEM # 40907
PLANNING BY CONSENT
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of VIRGINIA METRONET, INC. dba 360° Communications Company for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINId METRONET, INC.
DBA 360* COMMUNICATIONS COMPANY FORA CONDITIONAL USE
PERMIT R06962041
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Metronet, Inc., dba 360*
Communications Company for a Conditional Use Permit for a 150-foot
monopole tower on Lots 49, 50 and 51, Shelton Place. Said parcel is
located at 1707 Lawson Drive and con tains 25, 958 square feet. BA YSIDE
BOROUGH.
The following conditions shall be required:
1. The tower will be a monopole style tower and will not exceed
150 feet in height.
2.
The tower will be developed as a multiple use tower,
accommodating at a minimum each of the three providers
identified in this staff report.
The applicant must petition the Board of Zoning Appeals for a
setback variance to the reduced setback proposed by this
request. No greater reduction of setback will be permitted
without further consideration by the Planning Commission and
City Council.
A letter from radio frequency engineer indicating the combined
nonionizing electromagnetic radiation exposure emitted will not
exceed the lowest applicable exposure standards adopted by the
American National Standards Institute must be submitted prior
to final site plan approval.
A letter from a licensed structural engineer indicating the
structural integrity of the proposed tower meets or exceeds
standards established in the City Zoning Ordinance must be
submitted prior to final site plan approval.
This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of June, Nineteen Hundred
June 11, 1996
- 50 -
Item V-M.,5.
PUBLIC HEARING
ITEM # 40907 (Continued)
PLANNING BY CONSENT
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa 34. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1996
- 51 -
Item V-M, 6.
PUBLIC HEARING
PLANNING
ITEM # 40908
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of EXXON CORPORATION for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF E. EPfON CORPORATION FOR
A CONDITIONAL USE PERMIT FOR A CAR WASH R06962042
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Exxon Corporation for a Conditional Use
Permit for a car wash in conjunction with a convenience store and gas
pumps at the southwest corner of London Bridge Road and General
Booth Boulevard. Said parcel is located at 2101 General Booth
Boulevard and contains 39,988 square feet. PRINCES ANNE BOROUGH
The following conditions shall be required:
Site development shall be substantially in accordance with the
site plan/landscape plan submitted to the Planning Department
on April 18, 1996.
The car wash shall utilize water reclamation and recycling
technology.
Architectural design and materials for the car wash shall be
substantially consistent with those of the Strawbridge Shopping
Center and the existing convenience store, including the use of
matching brick and roof materials.
One large, one medium, or two small trees be installed in the
remaining open space area between the convenience store and
the car wash drive aisle. The tree(s) shall be a native species
selected.from the recommended tree list contained in the User's
Guide for the City of Virginia Beach Tree Planting,
Preservation and Replacement Ordinance.
Final site plan approval shall provide for the replacement of
existing landscape material along the General Booth Boulevard
and London Bridge Road street frontages, where determined by
the City Arborist to have been damaged by improper pruning.
Replacement plantings shall comply with the specifications set
forth on the originally approved site plan for the service station
and convenience store.
This Or&'nance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of June, Nineteen Hundred
June 11, 1996
Item V-M. 6,
PUBLIC HEARING
ITEM # 40908 (Continued)
PLANNING
Voting: 10-0
Council Members Voting .dye:
John A. Baum, Linwood '0. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Iffce Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louisa M. Strayhorn
June 11, 1996
Item V-M. 7.
PUBLIC HEARING
ITEM # 40909
PLANNING
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of ANNIE B. and FLOYD E. KELLAM, JR., for a Change of Zoning
District Class(fication:
ORDINANCE UPON APPLICATION OF ANNIE B. KELLAM AND
FLOYD E. KELLAM, JR., EXECUTORS AND TRUSTEES UNDER THE
WILL OF FLOYD E. KELLAM, DECEASED Z06961493
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Annie B. Kellam and Floyd E. Kellam, Jr.,
Executors and Trustees under the Will of Floyd E. Kellam, Deceased, for
a Change of Zoning District Classification from B-1 Neighborhood
District to Conditional B-2 Community Business District on the north
side of Princess Anne Road beginning at a point 680 feet more or less
west of the intersection with North Landing Road. The proposed zoning
classification change to Conditional B-2 is to allow for a drive-through
window for the use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 38,419.9 square feet. PRINCESS
ANNE BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy lc2. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1996
;'ORM NO. P.$, lB
City of Virginia
In R~ly R~f~' To Our Fi]~ No.
DATE: May 22, 1996
TO:
FROM:
RE:
Leslie L. Lilley
William M. Macali ~
Conditional Zoning Application
Annie B. & Floyd Kell~m, Jr., TrusSes
DEPT: City Attorney
DEPT: City Attorney
The above-referenced conditional zoning applicatiOn is scheduled to be heard by the
City Council on June 11, 1996. I have reviewed the subject proffer agreement, dated April
22, 1996, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
THIS AGREEMENT, made this 22nd day of April, 1996, by
and between ANNIE B. KELLAM and FLOYD E. KELLAM, JR.,
EXECUTORS AND TRUSTEES UNDER THE WILL OF FLOYD E. KELLAM,
DECEASED, collective (hereinafter Grantor) and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia (hereinafter referred to as Grantee).
W I T N E S S E T H :
WHEREAS, the Grantors initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by
Petition addressed to the Grantee, which Petition was granted
by the Virginia Beach City Council on April 22, 1985 changing
the classification of the Grantors property from AG-2 to B-1
on certain property containing a total of 0.882 acres, more
or less, in the Princess Anne Borough of the City of Virginia
Beach, more particularly described in the attached Exhibit A
(hereinafter "the Property"); and
WHEREAS, on April 22, 1985, Grantor and Grantee agreed
upon certain conditions respecting the development of the
Property which conditions are on file in the planning
Department of the City of Virginia Beach and are set out
below:
1. Installation of a six foot privacy fence along the
rear property line;
2. Design of the building and the signage shall be
approved by the Virginia Beach Historic Review Board;
3. Grantor shall use low level lighting directed
inwardly toward the Property;
4. The proposed restaurant shall close at midnight;
5. Grantor shall dedicate right-of-way along Princess
Anne Road pursuant to the Master Street and Highway Plan; and
WHEREAS, during 1995, the Grantor caused to be
constructed on the Property a restaurant, which restaurant
was developed in accordance with all of the conditions
imposed by City Council on April 22, 1985; and
WHEREAS, the Grantor has now initiated an amendment to
the Zoning Map of the City of Virginia Beach, by petition of
the Grantor to the Grantee to change the classification of
the Property from B-1 to B-2 (Conditional) and therein
desires to amend, modify and supplement the conditions
applicable to the Property; and
WHEREAS, Grantor acknowledges the competing and
sometimes incompatible uses conflict and that in order to
permit differing uses on and in the area of the Property and
at the same time to recognize the effects of the changes, and
the need for various types of uses, including those listed
herein, certain reasonable conditions governing the use of
the Property for the protection of the community that are not
generally applicable to the land similarly zoned B-2 are
needed to cope with the situation which the Grantors rezoning
application gives rise to; and
-2-
WHEREAS, the Proffers set forth herein shall continue in
full force and effect until a subsequent amendment changes
the zoning on the Property covered by such conditions;
provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is
part of the comprehensive implementation of a new or
substantially revised zoning ordinance, unless,
notwithstanding the foregoing, these conditions are amended
or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the subject
property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, Section
15.1-431, which said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of
such consent.
NOW, THEREFORE, the Grantor, for themselves, their
successors, assigns, grantees, and other successors in title
or interest, voluntarily and without any requirements by or
execution from the Grantee or its governing body and without
any element of compulsion of quid ~ro ~ for zoning,
-3-
rezoning, site plan, building permit or subdivision approval,
hereby makes the following declaration of conditions and
restrictions as to the physical development and operation of
the property and governing the use thereof and hereby tenders
thm. following covenants running with the said property, which
shall be binding following the approval of Grantor's rezoning
Petition by Grantee upon the Property and upon all parties
and persons claiming under.or through the Grantor, its heirs,
personal representatives, assigns, grantees and other
successors in interest or title, namely:
1. The Grantor shall develop the Property and install
landscapng thereon substantially as shown on the Site Plan
entitled "Princess Anne Rd. @ Muncipal Center, Virginia
Beach, Virginia; Virginia Beach; Landscape Enhancements &
Drive-Thru Addition,,, revised April 15, 1996, (hereinafter
Site Plan) which Site Plan is presented to the City Council
at its public hearing on this application and is on file in
the Planning Department of the City of Virginia Beach.
2. The Grantor shall not use any loud speakers or
external intercoms in conjunction with the drive-thru window
facility on the building.
3. Any exterior lighting installed on the Property
shall be directed toward the interior of the Property and
light levels at the northern Property line, when measured,
shall not exceed 0.5 foot candles.
-4-
4. The Grantor shall close its business to the public
between the hours of 12:00 midnight and 6:00 a.m. daily.
5. Grantor shall adhere to the following restrictions
and construct the following improvements which collectively
comprise an on-site traffic management plan for the Property:
a. Install a speed control bump substantially as
shown on the Site Plan;
b. Reserve two parking spaces along the western
boundary of the Property for drive-thru overflow
substantially shown on the Site Plan;
c. Install and maintain pedestrian accent
stripping within the parking lot on the Property
substantially as shown on the Site Plan;
d. Install directional signage at the pedestrian
cross walks and within the drive-thru stack lane
substantially as shown on the Site Plan;
e. Grantor shall prohibit vehicles from remaining
in the drive-thru stack lane except where designated on the
Site Plan.
6. Further conditions may be required by the Grantee
during detailed site plan and/or subdivision review and the
administration of applicable City codes by all applicable
City agencies and departments to meet all applicable City
Code requirements.
-5-
Ail references hereinabove to zoning districts and to
regulations applicable thereto refer to the Zoning Ordinance
of the City of Virginia Beach, Virginia, in force as of the
date the conditional zoning amendment is approved by the
Grantee.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia shall
be vested with all necessary authority on behalf of the
governing body of the City of Virginia Beach, Virginia to
administer and enforce the foregoing conditions, including
(i) the ordering in writing of the remedying of any
noncompliance with such conditions, and (ii) the bringing of
legal action or suite to ensure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate aCtion, suit or
proceedings; (2) the failure to meet all conditions shall
constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (3) if
aggrieved by any decisions of the Zoning Administrator made
pursuant to the provisions of the City Code, the CZO or this
Agreement, the Grantor shall petition to the governing body
for the review thereof prior to instituting proceedings in
court; and (4) the Zoning Map shown by an appropriate symbol
on the map the existence of conditions attaching to the
zoning of the subject property on the map and that the
-6-
ordinance and the conditions may be made readily available
and accessible for public inspection in the office of the
zoning Administrator and in the Planning Department and that
they shall be recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia and indexed in
the name of the Grantor and Grantee.
WITNESS the following signatures and seals:
TRUSTEE UNDER THE WILL OF FLOYD
E. KELLAM, DECEASED
FLO~ ~E. KELLAM, IJR.~ EXL~CUTOR AND
TRUSTEE UNDER THE WILL OF FLOYD
E. KELLAM~ DECEASED
-7-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this 22nd day of
April, 1996 by Annie B. Kellam, Executor and Trustee under
the Will of Floyd E. Kellam, Deceased.
Notary ~ublic
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this 22nd day of
April, 1996 by Floyd E. Kellam, Jr., Executor and Trustee
under the Will of Floyd E. Kellam, Deceased.
My Commission Expires:
Notary P~fbl ic
-8-
- 53 -
Item V-M. ?.
PUBLIC H~4RING
ITEM # 40909
PLANNING
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 671-6000, represented the applicant
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of ,4NNIE B. and FLOYD E. KELLAM, JR., for a Chanee o_f Zoning
District Classification: --
ORDINANCE UPON APPLICATION OF ANNIE B. KELLAM AND
FLOYD E. ~ JR., EXECUTORS AND TRUSTEES UNDER THE
WILL OF FLOYD E. KELI. AM, DECEASED Z06961493
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE~CIt, VIRGINL4
Ordinance upon application of ~lnnie B. Kellam and Floyd E. Kellam, Jr.,
F~ecutors and Trustees under the Will of Floyd E. Keilam, Deceased, for
a Change of Zoning District Classification from B-I Neighborhood
District to Conditional B-2 Community Business District on the north
side of Princess ~nne Road beginning at a point 680 feet more or less
west of the intersection with North Landing Road. The proposed zoning
classification change to Conditional B-2 is to allow for a drive-through
window for the use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 38, 419.9 square feet. PRINCESS
~VNE BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court.
Voting: 11-0
Council Members Voting Aye:
'John A. Baum, Linwood O. Branch, III, Robert K. Dean, William gE.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff,, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
J, ne 11, 1996
- 54 -
Item V-M. 8.
PUBLIC HEARING
ITEM # 40910
PLANNING B Y CONSENT
Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council AUTHORIZED
FINAL APPROVAL BY CONSENT the Application in behalf of the CITY OF VIRGINIA BEACH for
the discontinuance, closure and abandonment of a portion of Atlantic Avenue.
Application of the City of Virginia Beach for the discontinuance, closure
and abandonment of a portion of Atlantic Avenue beginning at the
southern boundary of Cavalier Drive and running in a southerly direction
a distance of 450 feet more or less. Said parcel contains 21,938 square
feet. VIRGINIA BEACH BOROUGH.
lO-O(ByConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert 32 Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy IC Parker
Council Members Absent:
None
Council Lady Parker ABSTAINED as she and her husband are owners of Parker Pools.
June 11, 1996
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET KNOWN AS ATLANTIC AVENUE
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING
PROPERTIES TO BE EXCHANGED BETWEEN CITY OF VIRGINIA BEACH
AND CAVALIER HOTEL CORPORATION VIRGINIA BEACH BOROUGH --
VIRGINIA BEACH, VIRGINIA" DATED JUNE 5, 1995, ATTACHED
HERETO AND MADE A PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has
been given by the City of Virginia Beach that it would make
application to the Council of the City of Virginia Beach, Virginia,
on August 22, 1995, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
ALL THAT certain lot, tract or parcel of land together
with improvements thereon belonging, lying, situate and
being in the City of Virginia Beach, Virginia, and
designated and described as the dotted area shown as
"PARCEL C PORTION OF ATLANTIC AVENUE TO BE CLOSED AND
VACATED" as shown on that certain plat entitled, "PLAT
SHOWING PROPERTIES TO BE EXCHANGED BETWEEN CITY OF
VIRGINIA BEACH AND CAVALIER HOTEL CORPORATION VIRGINIA
BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA" SCALE 1" =
30', DATED: JUNE 5, 1995, prepared by Rouse - Sirine
Associates, Ltd.
SECTION II
The discontinuance, closure and vacation of the portion
of street referenced above is conditioned upon the execution and
recordation of deeds substantially in the form of the attached
deeds between the Cavalier Hotel Corporation and the Commonwealth
of Virginia which deeds are on file in the Office of the City
Attorney of the City of Virginia Beach, Virginia.
GPIN: 2418-95-5764
.SECTION III
A certified copy of this Ordinance shall be filed
simultaneously with the recordation of the above-referenced deeds
in the Clerk,s Office of the Circuit Court of the City of Virginia
Beach, Virginia, and said Ordinance shall be indexed in the name of
the City of Virginia Beach as Grantor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 11 day of June 1996.
FINAL APPROVAL
APPROVED AS TO CONTENT
¢ of Real Estat~ -
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
2
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811 (c)(3)
THIS DEED is made this day of ,199_, by and between
the COMMONWEALTH OF VIRGINIA, (the 'Grantor') and the CAVALIER HOTEL
CORPORATION, a Virginia corporation, (the 'Grantee').
WITNESSETH:
That for and in consideration of the sum of TEN DOLLARS ($10.00) cash in
hand paid, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Grantor does hereby quitclaim, release and convey to the
Grantee, all right, title and interest of the Grantor in and to the following described property,
to wit:
pARCEL C
All that certain lot, tract or parcel of land together with the
improvements thereon, lying situate and bein in the City of
Virginia Beach, Virginia, designated an~ described as
"PARCEL C' as shown on that certainplat entitled: "PLAT
SHOWING PROPERTIES TO BE EXCHANGED BETWEEN
COMMONWEALTH OF VIRGINIA AND CAVALIER
HOTEL CORPORATION VIRGINIA BEACH BOROUGH -
VIRGINIA BEACH, VIRGINIA SCALE: 1"=30' JUNE 5,
1995 REVISED: OCTOBER 5, 1995 ROUSE - SIRINE
ASSOCIATES, LTD.", which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book , at page _,__, to which
reference is made for a more pam--i~fflar description.
It being a part of the same property conveyed to the Grantor
from Cavalier Hotel Corporation, a Virginia corporation, by
Deed dated October 8, 1944, duly recorded in the aforesaid
Clerk's Office in Deed Book 224-A, at page 393.
This conveyance is made subject to the covenants, conditions, restrictions and
easements of. record, insofar as they may lawfully affect the aforesaid property.
WITNESS the following signature and seal:
COMMONWEALTH OF VIRGINIA
COMMONWEALTH TRANSPORTATION COMMISSIONER
By: (SEAL)
GPIN: 2418-96-?081
2418-95-5764
STATE OF VIRGINIA
CITY OF
The foregoing
,199__ by
Commissioner of the Commonwealth of Virginia, on its behalf.
, to-wit:
i~trument was acknowledged
before me this day of
, Commonwealth Transportation
My commission expires:
Notary Public
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-S11(a) (3)
AND 58.1-811(c) (4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS DEED is made this day of of , 199. ,
by and between CAVALIER HOTEL CORPORATION, a Virginia
corporation, (the "Grantor"), and the COMMONWEALTH OF VIRGINIA,
(the "Grantee").
.W I T N E S S E T N:
That for and in consideration of the sum of TEN DOLLARS
($10.00) cash in hand paid,
consideration, the receipt and
acknowledged, the Grantor does
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE,
Grantee, the following described property, to wit:
PARCELS A-I, A-2, & B
and other good and valuable
sufficiency of which are hereby
hereby grant and convey, with
unto the
All those certain lots, tracts or parcels of land together with the
improvements thereon, lying situate and being in the City of
Virginia Beach, Virginia, designated and described as
"PARCEL A-l, PARC[~.L A-2, AND PARCEL B" as shown on
that certainplat entitled: "PLAT SHOWING
TO BE EXCHANGED BETWEEN
VIRGINIA AND CAVAI~IER HOTEL CORPORATION
VIRGINIA BEACH BOROUGH - VIRGINIA BEACH,
VIRGINIA SCALE: 1"--30' JUNE 5, 1995 REVISED:
OCTOBER 5, 1995 ROUSE - SII~INE ~,S_SOCIATES, LTD.
which plat is duly recorded in the Clerk s Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book
, at page , to which reference Is made for a more
p mcular descnpuon.
tr berg a part of the same property conveyed to the Grantor
om ~avaher-Jefferson Corporation, a Virginia corporation, by
Deed dated May 31, 1960, duly recorded in the aforesaid
Clerk's Office in Deed Book 636, at page 422.
GPIN: 2418-95-5764
This conveyance is made subject to the covenants, conditions, restrictiom and
easements of record, insofar as they may lawfully affect the aforesaid property.
V~rlTNESS the following signatures and seals:
CAVALIER HOTEL CORPORATION
By: ,(SEAL)
STATE OF VIRGINIA
CITY OF'
, to-wit:
The foregoing instrument was acknowledged before me this day of
, 1~.._ by of Cavalier Hotel
Corporation, on its behalf.
My commission expires:
Notary Public
2
Item I~-N.
APPOINTMENTS
ITEM ti 40911
BY CONSENSU~ City Council RESCHEDULED the following APPOINTMENTS:
HAMPTON ROADS PLANING DISTRICT COMMISSION (HRPDC)
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION (TTDC)
June 11, 1996
- 56 -
Item
UNFINISHED BUSINESS
ITEM # 40~12
Councilman Branch referenced concerns expressed re the Vending Machine Ordinance A~nendment.
Councilman Branch believed Orch'nance amendments in the resort area should not be considered during
the tourist season. The Resort Area Associations have not reviewed these proposed amendments.
Councilman Branch has not had any complaints re vending machines.
He did not understand the reasoning for eliminating the enclosure requirements and considering
increased setbacks.
Councilman Branch requested these revisions be DEFERRED until after the tourist season.
June 11, 1996
- 57 -
Item V-Q.
ADJOURNMENT
ITEM # 40913
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:40 P.M..
Beverly O. Hooks, CMC/~IE
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 11, 1996