HomeMy WebLinkAboutAUGUST 6, 2002 AGENDACity of Virginia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR ROBERT C. MANDIGO, JR., KempsWlle - District 2
MARGARET L. EURE, Centerville - District 1
LOUIS R. JONES, Bayside - District 4
REBA S. McCIMNAN, Rose Hall- District 3
RICHARD A. MADDO, K Beach - District 6
J1M REEVE, Princess Anne -Distrtct 7
PETER ~. SCHMIDT, At-Large
RON A. V1LLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, L ynnhaven -District 5
JAMES K. SPORE, City Manager
LESLIE L. LILLE¥, City Attorney
RUTH HODGES SMITH, MM(?, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 427-4303
F~ (75 7) 426-5669
E MA1L:Ctycncl~vbgov. corn
August6,2002
CITY MANAGER'S BRIEFING
A. CROATAN PARKING
C. Oral Lambert, Chief Operations Officer
- Conference Room -
2:00 PM
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
3:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Thomas W. Britton
Pastor Emeritus
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL AND FORMAL SESSIONS
July 9, 2002
G. AGENDA FOR FORMAL SESSION
H. PRESENTATION
REVENUE SHARING IN LIEU OF TAXES - Back Bay National Wildlife Refuge
John Stasko, Refuge Manager, Back Bay National Wildlife Refuge
Suzanne Baird, Refuge Manager of Mackay Island
Molly Brown, Friends of Back Bay
I. ORDINANCES
o
Ordinances to AMEND/REORDAIN the City Code re:
§§ 21-424, 21-426 and 21-429 re fees and access trips for towing of vehicles from private
property
b. § 2-452.2 re Composition of the Board of Zoning Appeals (BZA)
c. §§ 2-214.2, 2-214.3 and 2-216.1 re the Virginia Public Procurement Act
Ordinance to AMEND the Parks and Recreation Commission Bylaws re quorum
Ordinance to AUTHORIZE a temporary encroachment to construct storm pipes, waterline, fence,
access gate, curb and endwalls into the City's drainage easement in behalf of General Booth Storage
1545 General Booth Boulevard.
(DISTRICT 7 - PRINCESS ANNE)
Ordinance to AUTHORIZE the City Manager to execute a Project Cooperation Agreement with the
Department of the Army re construction of a Beach Erosion Control Hurricane Protection project
at Sandbridge Beach.
Ordinance to AUTHORIZE elimination of parking fees imposed under the 2002 Camp Pendleton
Beach Agreement.
Ordinance to ACCEPT a $1,725,740 grant from the Federal Emergency Management Agency
(FEMA), ESTABLISH two capital projects, APPROPRIATE $1,294,305 in federal revenue; and,
TRANSFER $154,678 from the FY 2002-03 reserve for contingencies to capital projects re
mitigating damage from future disasters.
Ordinances to ACCEPT and APPROPRIATE grants from the Virginia Department of Criminal
Justice Services re:
a. $181,325 to the FY 2002-03 operating budget for the DUI/Drug Treatment Court Program
$80,000 to the FY2002-03 operating budget for two new Community Corrections
caseworker positions.
Ordinance to ACCEPT and APPROPRIATE $115,000 grant from the United States Environmental
Protection Agency (EPA) to the Comprehensive Emergency Response and Planning-Phase I to help
safeguard the water supply against terrorist attacks.
Ordinance to ACCEPT and APPROPRIATE $81,849 from the U.S. Department of Transportation,
Federal Highway Administration re design and construction for the Norfolk Avenue Multipurpose
Trail.
10.
Ordinance to APPROPRIATE
Services (MH/MR/SA) special revenue fund to the MH/MR/SA FY2002-03 operating budget re
relocation of a respite program for children with disabilities.
Lo
Jo
Mo
No
Ko
RESOLUTIONS
1. Resolution to AUTHORIZE the FY2002-03 performance contract between Virginia Beach
Community Services Board (CSB) and Virginia Mental Health/Mental Retardation/Substance Abuse
Services (MH/MR/SA).
2. Resolution to AUTHORIZE Public Works and the Purchasing Agent to obtain State approval re a
Construction Management Contract on the Pavilion Theater replacement project.
APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
DEVELOPMENT AUTHORITY
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE - COIG
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION - TTDC
TOWING ADVISORY BOARD
VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION
UNFINISHED BUSINESS
NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - June 2002
ADJOURNMENT
08/01/02
AGENDA\08/06/02/GW
www.vbgov.com
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 thc Deaf)
CITY MANAGER'S BRIEFING
A. CROATAN PARKING
REVIEW OF AGENDA ITEMS
- Conference Room -
2:00 PM
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION - Conference Room - 3:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - Council Chamber- 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Thomas W. Britton
Pastor Emeritus
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
Fo
MINUTES
1. INFORMAL AND FORMAL SESSIONS
July 9, 2002
G. AGENDA FOR FORMAL SESSION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WttEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. PRESENTATION
REVENUE SHARING IN LIEU OF TAXES - Back Bay National Wildlife Refuge
John Stasko, Refuge Manager, Back Bay National Wildlife Refuge
Suzanne Baird, Refuge Manager of Mackay Island
Molly Brown, Friends of Back Bay
I. ORDINANCES
1. Ordinances to AMEND/REORDAIN the City Code re:
§§ 21-424, 21-426 and 21-429 re fees and access trips for towing of vehicles from private
property
b. § 2-452.2 re Composition of the Board of. Zoning Appeals (BZA)
c. §§ 2-214.2, 2-214.3 and 2-216.1 re the Virginia Public Procurement Act
2. Ordinance to AMEND the Parks and Recreation Commission Bylaws re quorum
o
Ordinance to AUTHORIZE a temporary encroachment to construct storm pipes, waterline, fence,
access gate, curb and endwalls into the City's drainage easement at 1545 General Booth Boulevard.
(DISTRICT 7 - PRINCESS ANNE)
Ordinance to AUTHORIZE the City Manager to execute a Project Cooperation Agreement with the
Department of the Army re construction of a Beach Erosion Control Hurricane Protection project
at Sandbridge Beach.
Ordinance to AUTHORIZE elimination of parking fees imposed under the 2002 Camp Pendleton
Beach Agreement.
o
Ordinance to ACCEPT a $1,725,740 grant from the Federal Emergency Management Agency
(FEIMA), ESTABLISH two capital projects, APPROPRIATE $1,294,305 in federal revenue; and,
TRANSFER $154,678 from the FY 2002-03 reserve for contingencies to capital projects re
mitigating damage from future disasters.
Ordinances to ACCEPT and APPROPRIATE grants from the Virginia Department of Criminal
Justice Services re:
d. $181,325 to the FY 2002-03 operating budget for the DUI/Drug Treatment Court Program
$80,000 to the FY2002-03 operating budget for two new Community Corrections
caseworker positions.
Ordinance to ACCEPT and APPROPRIATE $115,000 grant from the United States Environmental
Protection Agency (EPA) to the Comprehensive Emergency Response and Planning-Phase I to help
safeguard the water supply against terrorist attacks.
Ordinance to ACCEPT and APPROPRIATE $81,849 from the U.S. Department of Transportation,
Federal Highway Administration re design and construction for the Norfolk Avenue Multipurpose
Trail.
10.
Ordinance to APPROPRIATE $69,750 from the Mental HealflfMental Retardation/Substance Abuse
Services (MH/MR/SAS) special revenue fund to the MH/MR/SA FY2002-03 operating budget re
relocation of a respite program for children with disabilities.
July 9, 2002
items, if any, would go on the Consent Agenda and which items we
-would hear.
Okay. The next item that I will read will be on the Consent Agenda
with notes and other information, as necessary.
First is Ordinances and Resolutions: On the first item, the
Ordinance to Amend the City Code re fees and access trips for towing
vehicles from private property. The Council will defer that until
August the 6th.
11
July 9, 2002
wall and then you-all gave out a fax, there was a question of how
'many of these tows~ when they broke it down, were of heavy-weight
class.
Did you ever get. any information on whether there were a lot of
semi-trucks or delivery trucks that were being towed?
COUNCILMAN MANDIGO: No, I didn't have the break-out that way.
The Police's list -- without belaboring
this, there are a lot of details and I'm real bad at getting into
them. The Police are supposed to be notified when there is a
non-consensual tow. They, of course, know what they are towing.
But, if it's from private property they are supposed to be notified
so that when the owner calls and says, hey, my car was stolen. Well,
where did you have it and where was it parked. I can find it.
So, that's the kind of data that they have, that the dispatchers get
from the towers, I guess the drivers of the companies.
So, it isn't broken out that way. That's the only data that was
readily available on how many and by State. I think there was a
break-out in one of these packages that showed you that the people
who are getting towed are Virginians.
COUNCIL LADY EURE:
But was it somewhere that there were only
two companies who did heavy moving?
VICE MAYOR MANDIGO:
Yes.
(Whereupon, the discussion in the Informal Session regarding towing
of vehicles from pri~ate property was concluded.)
MAYOR OBERNDORF:
FORMAL SESSION
Mr. Mandigo.
VICE MAYORMANDIG~:
During the Informal Session, the Council met
to go over the. Agenda Items to see which
10
July 9, 2002
chance to ask questions and pursue whatever concerns they have.
For instance, we may have to do their property maintenance something
like we've done with the private parking areas at the Oceanfront. If
you take a look at some of these pictures, they leave a lot to be
desired and that's a Planning issue.
But, I think if we're going to vote on any sort of increase for them,
we need to have it in writing for when we vote on it.
VICE MAYOR~IGO:
I can accept that if that's the will of the
Council.
MAYOR OBERNDORF:
Would that be okay with the Council Members?
I thank you for that.
VICE MAYOR MANDIGO:
We would defer this until the first Meeting
in August?
MAYOR OBERNDO~tF:
Yeah, August 6th.
COUNCIL LADY McCLANAN: Madam Mayor, if I might suggest too, I think
if there are some aspects of this, the
Retreat might be an appropriate time to -- in a little different
environment.
MAYOR OBERNDO~tF:
There are other issues.
Mr. Villanueva.
Okay.
COUNCII/~AN VILLANUEV]%:
Mayor, I would also like to see how are fees
compare to the region cities.
COUNCILb~%N REEVE:
MAYOR OBERNDORF:
Madam Mayor.
Yes, sir. Mr. Reeve.
COUNCILMAN REEVE:
Bob, was there any -- I know at one point
before when we.were still sitting on the
9
COUNCIL LADY McCLANAN:
going to --
July 9, 2002
We also have a copy of the proposal of
whatever it is we are voting on and if we're
COUNCIL LADY EURE:
Maybe we ought to defer it and get all that
straightened put.
COUNCIL LADY McCLANAN: Well, those things about letting them tow
them across the line and all that other
stuff, are we going to be voting on that?
VICE MAYOR MANDIGO: I didn't have any recommendations to change
that. My original thinking was, yeah, I
would like to talk about that, but there are some issues that may not
be in the best interest of the consumer or the towing company to keep
them in the City.
COUNCIL LADY McCLANAN:
But we don't want them to have to walk from
the Beach to Chesapeake and Norfolk.
COUNCIL LADY EURE:
It's not in the best interest of the person
whose car is being towed.
VICE MAYOR MANDIGO: Well, the examples that were given to me
as -- there are two towing companies in
Kempsville who tow extensively in that area, up in the
Kempsville/Bayside area. Their lot sits across Newtown Road in
Norfolk. They are the closest lot. Their Virginia Beach lot is at
the Oceanfront.
So, keeping it in the City doesn't help the consumer in this case.
MAYOR OBERNDORF: I think for the sake of the Council to be
certain that we understand and know exactly
what we're voting on, it probably would be better to wait until
August the first week -- because we are going to be down for two
weeks, the last tQo weeks in July -- and have what we're voting on
actually in writing. It will give the other Members of Council a
July 9, 2002
at 285.
There are two classes instead of three. I don't have a
problem going back and looking at that after we have a little better
handle on the industry, but on the storage fees the current is $12
and $18 for the two vehicle classes. .I would suggest we can put $15
and $20 on the two classes on the daily storage fees.
The title search -- the current amount is $40 and I would suggest
that we raise that to $50.
COUNCILMAN MADDOX:
On the drop fees you propose $25 for all
three projects?
COUNCILMAN ~%NDIGO:
Right.
COUNCILMAN MADDOX:
We're not breaking it into three projects.
COUNCILMAN MANDI~:
Right, the drop fee is $25.
COUNCIL LADY EURE:
But it was proposed at $250 and you're going
to increase it to $285?
COUNCILMAN F~/qDIGO: Well, that's because in that other proposal
there was an additional weight class. In
other words, three different divisions of vehicles, and I'm
recommending that we have the first passenger class be raised to $75
and then there be a second class and that would remain at $285.
There wouldn't be a break after the third class for, I guess,
splitting the tractor trailers.
MAYOR OBERNDORF:
Mr. Lilley.
CITY ATTORNEY: Madam Mayor, is Council going to vote on
these changes this evening? Because if
those would be the changes that you are going to be recommending,
then we need to ~o through the Ordinance and do them line by line in
the Ordinance. I just didn't know what the proposal was.
7
July 9, 2002
increase in the towing rates and a deferral on the issues about how
'.their property is kept, how they operate their businesses or are you
suggesting the entire thing be deferred?
VICE MAYOR MANDI.GO: I think that based on the information that
we got out and the recommendations, I think
that there should be an increase in the rates.
There may be some discussion as to what those rates would be, but my
sense is that we have got to go ahead and pass the Ordinance and we
can discuss the rates if the Council feels like they want to change
them from what the Board recommended.
But as far as the overall industry, I don't want to hold up this
Ordinance, because it might take three to six months longer to get
this done and I don't think we should have an adverse affect on the
industry as we want to gather more information that we can have.
So, I know the City Manager had sent -- I got it by fax. The rates
and if I were -- I would consider and recommend that we use the rates
that are in this fax on the consideration: The drop fee to be raised
to $25 from the current $20. The drop fee on the other two vehicle
classes would stay the same at $25. The tow fees are currently $70
and we would raise it to $75.
COUNCILMAN MADDOX:
Seventy-five or eighty-five?
VICE MAYOR MANDIGO:
Seventy-five. The proposal was %85.
COUNCILMAN MADDOX:
Okay.
COUNCILMAN REEVE:
And there is no-weight class? You're not
going to cio --
COUNCILMAN MANDIGO: The weight class currently is 285 on the
other class besides passenger vehicles and
like trucks, leav~ that at 285. There was a reduction there to 250
and then that separate weight class, but I think we ought to leave it
6
July 9, 2002
But, that's the sense I have is we might be able to get a
'.~omprehensive look' from a group that is beyond the scope of what I
can do.
MAYOR OBERNDORF:
Mr. Maddox.
COUNCII~4AN MADDOX: Madam Mayor, I think there's two separate
issues here. I mean, I think there's just
the normal inflation and if these people are entitled to a certain
reasonable increase in rates. Then, there is the whole other issue
of how are we going to police an industry? How are we going to -- do
we even want to police the industry?
I don't think we have even scratched the surface from being able to
have the data necessary to know whether they are doing a good job or
not doing a good job.
I mean, nobody deals with towing more intimately than I do and, you
know, we do everything we can to be above and beyond the call of
being responsible, but mistakes happen and, you know, we routinely
get people's cars back when we make a mistake and not everybody is as
generous as that and people don't have any recourse. If someone's
car is towed, you know, they are just out of luck. Short of civil
proceedings, I mean we don't have -- you know I'm in the restaurant
business and I have a Health Department that comes in and inspects my
business several times a year to make sure I'm complying, but we
don't even do that with the towing industry.
I mean as far as I know as a matter of course, we're not going to
every business and making sure that their signs are in compliance.
We do if someone briggs it to someone's attention, but there is no
organized effort to do that and in any town I think that would be
important. In a Resort Town, I think it's doubly important that we
do the best job we can to make sure that people aren't taken
advantage of.
MAYOR OBERNDORF:
Okay. So, Mr. Mandigo, are you suggesting
that there wil~ be a proposal for some
July 9, 2002
VICE MAYOR M A/qDIGO: Well, that's what I'm proposing, because I'm
'.,7 trying to get a sense of what the Council's
feeling, because I don't want to make anyone think that I'm going
wild with this.
I've been trying to gather data, and I thought maybe we could do it
fairly quickly, but it doesn't exist. The way the business licenses
are set up and the way the towing list is done by the Police
Department. There are a whole lot of issues in this that isn't
readily available in a way that we can look at. That's why I'm
offering it up to the Council for your consideration.
COUNCIL LADY EURE: On that paper you sent, it said down like
$30 a tow and $3 a day storage. What did
that mean? There was a handwritten note on it.
VICE MAYOR MANDIGO: I think that was a note that they wrote for
me for their use and I've got a copy of it.
I don't know what that note means. Brown was the example -- see, two
of the questions I had is why would we let a towing company tow and
not be present to run the business?
Well, if you're towing you would think some of you would get their
car, but it turns out that the example where they only get a few tows
a year and they are in a very remote location. So, if we were to
make them be open -- come off the list.
Be open, come off the list
COUNCIL LADY EURE:
I support more review of it. Absolutely.
VICE MAYOR MANDIGO: Well, I'm thinking if we formally got the
City Manager's Office and the City Attorney
and the Commissioner of the Revenue -- I don't know who else we might
want to ask, but if we get a comprehensive review of it, then, maybe
we can understand the Towing Advisory Board's recommendations better
each year. This is the year that I have been here that we have had
recommendations t~ raise the rates.
4
July 9, 2002
really comfortable with their suggestions and I would totally support
'.~nother committee %o look into that.
In fact, I got a phone call today from a visitor named Sunshine
Smith. I think we need lots of people coming to our City named
Sunshine.
She had been sent by a parking attendant to park in a towing
area -- I mean, it became a towing area into a parking lot. She had
purchased a parking permit and went and parked where she was supposed
to and then she was towed and they had to take off work for the next
day and this ended up costing her family about $300. It was more
than just the tow, but with the inconveniences that it caused and
here she had bought a permit and had done the right thing. I think
we all got a letter from the young lady who was working and her
permit fell. I still think we need some type -- and maybe Harvey's
Consumer Affairs Division is to do that.
Unless people know where to go and this, I think sometimes there are
some other circumstances that need to be considered rather
than -- like this one was told, well, that's too bad lady and she was
pretty frustrated.
VICE MAYOR MANDIGO: She was referred to me by one of the
newspaper editors whom she called and that's
one of those tows that was from the McDonald's lot. It was a private
non-consensual tow that had nothing to do with the City. And the
only recourse I could offer was maybe we go through some of the
industry associations which is what --
COUNCIL LADY WILSON:
Well, I suggested she call the Consumer
Affairs Division.
VICE MAYOR MANDIGO:
COUNCIL LADY WILSON:
What I think
But what you're saying is we need a
committee to look at this more in-depth?
3
July 9, 2002
property owner and do we really want to get into that?
i~f the City gets ihvolved in that, there are some issues that we may
not want to do. If the property owner owns the land and has the
parking places set up for its patrons and someone else parks there,
how are we involved in that? At this point we are not and we would
have to make some decisions if we wanted to get involved in that.
But, what I was hoping we could do is -- I offered to fax for your
consideration to see if you wanted to provide some direction and I'm
not sure that we have to act on that today. It could be something
that we could even put off as long as the Retreat if the Council
desired. The other issue though is that if we establish a committee
and we want it to be an effective from the business part of this and
from the Commissioner's part, that's assessing and taxing. That's
not regulating. The other piece of this could be regulation if
that's what we wanted; but in order to get it effective for the next
year, we would have to have the committee return to us and give us
enough time to act before January 1st.
So, I just was looking for a sense of what the Council might want to
do and if we would like to hold to that.
COUNCILMAN JONES:
Hold what? The Ordinance?
VICE MAYOR MANDIGO: If we wanted to hold the discussion or hold
up on the committee until after the Retreat,
I'm certainly amenable to that. It just was a lot more than what I
had thought it was going to be and I will be really candid with all
of you. Can I ask for questions?
MAYOR OBERNDORF:
Yes.
VICE MAYOR MANDIGO:
lkay.
MAYOR OBERNDORF:
Yes, Mrs Wilson.
COUNCIL .LADY WILSON:
Even though I know the Towing Advisory Board
worked very hard on this, I am still not
MAYOR OBERNDORF:
July 9, 2002
INFOBMAL SESSION
Ail right. I'm going to let you do it then.
VICE MAYOR MANDIGO: On the Ordinance to Amend the City Code for
the fees and.access trips for towing. As
you folks know, I had promised to get you data and I didn't have all
the data, but I understand there's some more that's available and I
think Mr. Lambert has some today. Do you want to do that now?
ORAL LAMBERT:
Karen Lasley is going to do it.
VICE MAYOR MANDIGO: You got a copy of the fax that I
sent and I met with several different groups
and talked with other folks and my sense is that we probably need to
do something for the towing companies before we try to do this in a
comprehensive manner, because three weeks wasn't enough time to
gather all the information. It doesn't exist in the format that we
could use.
I talked with Mr. Kellam and he agrees that there may be -- he thinks
it would be a good idea to have the sub-business class so that he
could identify the property and the locations. As I understand from
Mrs. Lasley, it was difficult finding all the properties that are
used for bulk storage and there were some issues involved in those
properties that maybe weren't in the right locations as far as the
zoning or Conditional Use Permits.
So, what I would like to bring to Council for your consideration is
possibly setting up a task force or a committee or whatever we want
to call that, that would be comprised of folks from the City
Attorney's Office, from the Commissioner of the Revenue and from the
Staff and the Police Department and whoever else we think would be
able to make the contribution to 10~king at how we address the towing
industry in a comprehensive manner, what do we want to address?
There are issues involving non-consensual tows from private property,
which is a contract between the towing company and the private
Virginia Beach City Council·
July 9, 2002
6:20 p.m.
CITY CO%~NCIL:
Meyera E. Oberndorf, Mayor
Robert C. Mandigo, Vice Mayor
Margaret L. Eure
Louis R. Jones
Reba S. McClanan
Richard A. Maddox
Jim Reeve
Peter Schmidt
Ron A. Villanueva
Rosemary Wilson
James L. Wood
At-Large
District 2 - Kempsville
District 1 - Centerville
District 4 - Bayside
District 3 - Rose Hall
District 6 - Beach
District 7 - Princess Anne
At-Large
At-Large
At-Large
District 5 - Lynnhaven
CITY b~%/qAGER:
CITY ATTORNEY:
CITY CLERK:
STENOGRAPHIC REPORTER:
James K. Spore
Leslie L. Lilley
Ruth Hodges Smith, MMC
Dawne Franklin Meads
VERBATIM
Discussion of the Ordinance to Amend the City Code regarding fees
and access trips for.towing vehicles from private property
Item V-J. 1.
ORDINANCES/RESOL UTION
- 22 -
ITEM# 49925
Upon motion by Vice Mayor Mandigo, seconded by Councilman Jones, City Council DEFERRED until
the City Council Session of August 6, 2002:
Ordinance to AMEND ~ 21-4~4, 21-426 and 21-429 of the City Code
re fees and access trips for towing of v~hicles from private property.
Voting: . ! 1-0 (By ConsenO
Council Members Voting Aye:
Margaret L. Eure, Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Vice Mayor Robert C. Mandigo, Jr., Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent."
None
July 9, 2002
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Ordinance to Amend the City Code Pertaining to the Towing of Vehicles from
Private Property - Requested by Vice-Mayor Mandigo
MEETING DATE: August 6, 2002
Background:
Virginia State Code §§ 46.2-1232 and 46.2-1233 provides that localities must appoint
advisory boards to recommend towing fees to local governing bodies electing to regulate
towing fees. Sections 21-424, 21-426, and 21-429 of the City Code were amended last
July. City Council invited the Virginia Beach Towing Advisory Board to to resubmit
recommendations not incorporated by the 2001 amendments. The Towing Advisory
Board presented a report to City Council on May 28, 2002, recommending amendments
to the City Code. Included in those proposed amendments are significant increases in
certain fees. City Council held a Public Hearing to receive comment on the proposed
amendments on June 4, 2002. Vice-Mayor Mandigo proposed altemative amendments
on June 9, 2002, and the vote was deferred until August 6, 2002.
Considerations:
Staff has reviewed the recommendations of the Towing Advisory Board and Vice-Mayor
Mandigo and taken into consideration in-put received from speakers and members of City
Council during the June 4, 2002 Public Hearing.
Public Information:
A public briefing was presented to Council on May 28, 2002, and a Public Hearing was
held on June 4, 2002. This item is advertised with the Agenda.
Recommendations:
Approval
Attachments:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: City Manager
City Manager: (~~ I~ . ~~
F:\Data~TY~Ordin\NONCODE~towing of Vehicles.agenda
1 Requested by Vice-Mayor Mandigo
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION OF THE VIRGINIA BEACH CITY
CODE PERTAINING TO TOWING OF
VEHICLES FROM PRIVATE PROPERTY
SECTIONS AMENDED: ~. 21-424, 21-426
and 21-429
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-424, 21-426 and 21-429 of the City Code are
hereby amended and reordained to read as follows:
Sec. 21-424. Release of vehicle to owner or custodian prior to
towing.
(a) If the owner or custodian of any vehicle not authorized
to be parked in a private parking area returns after a tow truck
service has arrived but before the vehicle has been towed from the
private parking area, he may reclaim the vehicle whether or not it
is fully hooked up to the tow truck, and it shall be unlawful for
the tow truck service or operator to refuse to release the vehicle.
However, if the vehicle has been hooked up, or is in the process of
being hooked up, the tow truck operator may charge a drop fee not
to exceed twenty five dollars ($20.00 $25.00) before releasing the
vehicle or discontinuing the towing process. The process of hooking
up shall be defined as (i) the removal and/or unreeling of any
towing equipment from the tow truck after the truck is positioned
to effect the tow, whether or not the equipment has been attached
to the vehicle, or (ii) the lowering of a hydraulically-operated
lift in preparation for loading the vehicle.
COMMENT
This proposed amendment raises the be of unhoo~ng and releasing a vehicle prior to
actual towing of the vehicle (drop be) ~om $20 to $25. This version does not base the drop he on
three different vehicle weight classes as recommended by the Towing Advisory Board.
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Sec. 21-426.
Charges for towing and storage of vehicle; receipt
required.
(a) No tow truck service or operator operating within the
city shall, at any time, charge a basic towing fee greater than the
fees set forth below:
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Gross weight of vehicle
11,000 pounds or less
11,001 pounds or more
Maximum fee
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$285.00 (e~ec~v= .... ' ...... , ~Ol)
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The basic fee shall be inclusive of any additional towing services
such as the use of a dolly. This subsection shall apply only when
a vehicle is moved or towed without the prior consent and agreement
of the owner or custodian of the vehicle.
COMMENT
This proposed amendment increases the maximum allowable towing charges from $70 to $75
for vehicles weighing under 11,001 pounds. This version bases the towing fee on two vehicle weight
classes rather than the three vehicle weight classes recommended by the Towing Advisory Board.
(b) No tow truck service or operator shall assess any charges
for storage for the initial twenty-four (24) hours, nor charge more
than ~ fifteen dollars ($12.00 15.00)per twenty-four-hour
period thereafter, for any vehicle with a gross weight of 11,000
pounds or less removed from private property without the consent of
the owner or custodian of the vehicle, whether such tow originates
in this city or any other jurisdiction. For vehicles with a gross
weight of more than 11,000 pounds, a storage fee not to exceed
~rg~t~en~ twenty dollars ($I0.00 20.00) per twenty-four-hour period
may be assessed after the first twenty-four (24) hours. Delays
caused by storage, yard personnel shall not be included when
computing storage charges.
COMMENT
This proposed amendment increases the tow storage ~e a~er the initial 24-hour of storage
~om $12 to $15 ~r vehicles weighing 11,000 pounds or less, and ~om $18 to $20 ~r vehicles weighing
11,001 or more. This version bases the storage ~es on two vehicle weight classes rather than the three
weight classes recommended by the Towing Advisory Board.
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(c) If any vehicle is not redeemed within seven (7) days
after it is towed, the tow truck service shall be entitled to
recover an additional fee, not to exceed ~ fifty dollars
($40.00 50.00), as payment for the cost of any search conducted to
determine the registered owner and lien holder, if any, of the
vehicle.
COMMENT
This proposed amendment increases the ma~mum author~ed search ~e ~om $40 to $50. This
version is identical to the version proposed by the Towing Adviso~ Board.
Sec. 21-429.
Miscellaneous prohibited acts by tow truck service
or operator.
Except when acting as an agent in the legal repossession of a
vehicle, it shall be unlawful for any tow truck service or operator
to:
(3) Tow or otherwise move a vehicle from any private road or
driveway, or from any other privately owned land or property within
the city to a place out of the city without the consent of the
owner or custodian of the vehicle; provided that, after a period of
not less than twenty-four (24) hours following the initial towing
of a vehicle, as recorded in the police dispatcher's log, any such
vehicle may be moved to a storage area located outside of the city,
with prior notification to and approval of the police department.
Notwithstandinq the above, if a tow truck service or operator owns
or leases a storaqe area located outside of the city, and such
storage area is closer to the location from which a vehicle is
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towed than the closest in-city storaqe area owned or leased by the
tow truck service ~r operator, such vehicle may be initially towed
to the storaqe area located outside of the city, provided the tow
truck service or operator is authorized to do business in both
cities, charqes a fee not qreater than that fee authorized in
Virginia Beach and invoices the tow in Virginia Beach.
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COMMENT
This proposed amendment provides that a tow truck operator whose out-of-city storage facility
is closer than their in-city storage facility may tow the vehicle to the out-of-city storage facility if the
tow truck operator is licensed to do business in both cities and invoices the tow in Virginia Beach. This
version is identical to the version proposed by the Towing Advisory Board.
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(11) Durinq the initial twenty-four (24) hours after the vehicle is
towed and ~u_pon request by any owner or custodian of a currently
licensed vehicle, deny or prevent access to said vehicle for the
purpose of removing personal items, whether or not the owner or
custodian is then able to reclaim the vehicle. After the initial
twenty-four (24) hours has expired and upon the request by any
owner or custodian of a currently licensed vehicle, no tow truck
service or operator shall refuse to allow such owner or custodian
access to such vehicle once per day between the hours of 8:00 a.m.
and 5:00 p.m.
COMMENT
This proposed amendment allows the owner/operator unlimited access to the towed vehicle
during the initial 24-hours after the vehicle is towed, but limits subsequent access to one time per day
and only between the hours of S:00 a.m. and 5:00 p.m. This version is identical to the version proposed
by the Towing Advisory Board.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
CA-8413
DatakOrdin\Proposedk21-424 & 426 & 429 Mandigo.ord
R-2
July 12, 2002
APPROVED AS TO CONTENT:
City Manager's Office
APPROVED AS TO LEGAL
SUFFICIENCY:
City A[{$rney;s O~fi~
4
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
An Ordinance To Amend the City Code Pertaining to Board of Zoning Appeals
MEETING DATE: August13, 2002
Background:
The Board of Zoning Appeals is a 7 member board with one alternate that hears
variances to the City Zoning Ordinance and Appeals from the decisions of the Zoning
Administrator. On July 1,2002, the Virginia Code at 15.2-2308 was changed to allow alternate
members to vote when a regular member must abstain. Previously, an altemate member could
only vote if the regular member was absent from the meeting.
This amendment will create a greater demand on the time of the one alternate to this
Board. Three alternates would allow greater flexibility to be able to provide a full 7 member
Board for the public.
Considerations:
The Boards desires to provide as complete a Board as possible for every application.
However with the increased responsibility for alternate members, there is an increased need
to have up to three alternates to share the responsibility.
This Ordinance will increase the number of alternates on the Board of Zoning Appeals
from one to potentially three.
Recommendations:
Passage of the attached Ordinance.
Attachments:
Ordinance.
Recommended Action: Approval
Submitting Department/Agency: Planning Department/Zoning Division
City M,anager(~N~l
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO BOARD OF ZONING APPEALS
SECTION AMENDED: ~ 2-452.2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-452.2 of the City Code is hereby amended and
reordained to read as follows:
Sec. 2-452.2. Board of zoning appeals.
(a) The board of zoning appeals shall consist of seven (7)
regular members and one (1) a maximum of three (3) alternate~
appointed by the city council; provided, however, that alternates
serving as such on J-'~" ~ ~ ..... I ............... d -=
~3 ~, ~, ~ ~p~=~= ~= remain er ~
their terms. Members and alternates shall be appointed for terms
of five (5) years, except that appointments to fill vacancies shall
be only for the unexpired portion of the term, and members and
alternates may be reappointed to succeed themselves. The
qualifications, organization and procedures of the board shall be
as set forth in sections 15.2-2308 through 15.2-2314 of the Code of
Virginia, as amended.
(b) The accumulation of more than three (3) absences of a
member within a given calendar year for reasons other than personal
illness, the illness or death of a relative, or other circumstances
beyond such member's control shall constitute grounds for removal
of such member.
(c) The board shall make, alter or rescind rules and
guidelines for its procedures consistent with the ordinances of the
city and laws of the Commonwealth of Virginia.
(d) On or abo~t July 1 of each year, or as soon thereafter as
is reasonably practicable, the members of the board, including
alternates, shall collectively meet with the city attorney in order
to review the duties and responsibilities of the board and the laws
and procedures pertaining to matters coming before the board. The
members of the board may also, at their option, attend the Virginia
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Certified Boards of Zoning Appeals Program .sponsored by the
Virginia Cooperative Extension Service.
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COMMENT
The General Assembly on July 1, 2002, amended the Virginia Code, at the City's request, to
allow alternate members of the Board of Zoning Appeals to vote when a regular member abstains, not
just when the regular member is absent.
The BZA's hope is to provide as complete a Board as possible for every application. However,
with the increased responsibility for alternate members, there is an increased need to have more than
one alternate to share the responsibilities. This amendment will increase the number of alternates
from one to potentially, three.
44 Adopted by the City Council of the City of Virginia Beach,
45 Virginia, on this day of , 2002.
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CA-8554
DATA/ORDIN/PROPOSED/02-425-2ord.wpd
R2
July 30, 2002
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
Department of/Law
2
CITY OF VIRGINIA BEACH
AGENDA 'ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Ordinance to Amend The City Code by Updating References to The Virginia
Public Procurement Act
MEETING DATE: August 6, 2002
Background:
The Virginia Public Procurement Act (VPPA) has been re-codified by the General Assembly and a
number of references to outdated sections need to be updated in the City Code. These VPPA changes
affect all towns and cities with a population greater than 3,500. The proposed City Code changes also
include incorporating by reference the section of the Virginia Code ({}2.2-4303) that permits small
purchases by departments as governed by city policy.
Under the authority granted by the VPPA, the City has previously established small purchase
procedures. These procedures enable towns and cities to streamline the procurement process, while
also maintaining controls over departmental procurement. The procedures require the City to obtain
informal competitive bids or price quotations on purchases with values between $5,000 and $30,000
dollars, and include permission for the Purchasing Agent to delegate authority to departments to
directly purchase goods or services within established limits provided that the requirements of the
VPPA are met. The amount delegated to each department currently varies between $500 and $30,000
dollars, depending on staff, training received, and departmental needs. (It should be noted that the
Purchasing Agent reviews all purchase orders issued by departments with delegated authority to
assure that competitive requirements are met.)
The effect of the proposed amendment is that the City will be able to make small purchases and
delegate procurement authority in amounts up to $50,000, instead of $30,000.
Considerations:
The proposed changes make administering the City's procurement ordinances simpler for staff and
citizens.
Attachments:
Ordinance
Recommended Action: Approval
S.ubmitting [;te. partment/Agency: Finance
AN ORDINANCE TO AMEND THE CITY CODE
BY UPDATING REFERENCES TO THE
'VIRGINIA PUBLIC PROCUREMENT ACT
SECTIONS AMENDED: §~ ~-214.2, 2-214.3
AND 2-216.1
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 2-214.2, 2-214.3 and 216.1 of the Code of the
City of Virginia Beach, Virginia are hereby amended and reordained
to read as follows:
Sec. 2-214.2. Duties, powers, and responsibilities of purchasing
agent.
(a) The purchasing agent shall be the head of the purchasing
division and under the supervision of the director of finance.
(b) The purchasing agent shall have the power and it shall be
his duty to:
(1 Endeavor to obtain as full and open competition as
possible and practicable on all purchases and sales
through competitive sealed bidding, or through any other
method of procurement authorized by this division of
chapter 2;
(2 Except where established by ordinance or resolution of
council, establish such rules, regulations and policies
as he/she deems necessary for the internal management and
operation of the purchasing division; and
(3 Delegate to individual departments, as he or she deems
appropriate, the authority to directly purchase goods or
services the costu~ ........ w~ is not expected to exceed
thor ~u~o~ ~lazs ~$~,0~.0~ as provided for and
limited by Code of Virqinia ~ 2.2-4303 (G) and (H),
includinq future amendments thereto~~e~-r; provided
the department uses competition wherever practicable and
complies with all applicable rules, regulations,
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policies, procedures and administrative directives
pertaining to procurement.
(c) All formal rules, regulations, policies, procedures and
administrative directives pertaining to procurement shall be
subject to the approval of the city manager and the purchasing
agent, and shall be approved by the city attorney as to form and
legality.
(d)
Subject to compliance with all applicable policies,
procedures, and city code provisions pertaining to contract
execution, the purchasing agent shall have the authority to award
contracts within the purview of this division.
(e) It shall be the responsibility of the purchasing division
to obtain as full and open competition as possible and practical on
all purchases and sales through competitive sealed bidding, or
through any other method of procurement authorized by this or other
sections.
COMMENT
The revision incorporates a section of the Code of Virginia § 2.2-4303 (G) and (1t) that permits
purchases of goods and services to be made without competitive sealed bids or competitive negotiation;
however, adherence to competitive purchasing principles and city policies is still required.
Sec. 2-214.3. Adoption of designated sections of Virginia Public
Procurement Act.
(a) Pursuant to section ~ 2.2-4302 of the Code of
Virginia, as amended, the following sections of the Virginia Public
Procurement Act [Code of Virginia, title 11 2.2, chapter % 43], and
any future amendments thereto, are hereby adopted and incorporated
by reference into this code: 11-37 2.2-4301, ~ 2.2-4343(B),
II-4^~ 2.2-4304(A), 11-41 2.2-4303, 11-41.1 2.2-4305, 11 41.2:2
2.2-4308, t~hzough 11-41.2-5, 11 42 2.2-4319, 11-43 2.2-4331, ~
2.2-4310(A), =~-~" ~4.1 2.2-4320, 11-45 A, D, ~, D, =, G, =~ ~ 2.2-
4344 (A)(1), 2.2-4309(B), 2.2-4344 (A)(2), 2.2-4344 (B), 2.2-
4345(A) (14), 2.2-4345(A) (13) and 2.2-4344(C), ~ 2.2-4317,
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11-46.3 2.2-4332, 11 47 2.2-4324, 11 47.4 2.2-4328, ~ 2.2-4315
through 11-62.3 2.2-4350(B), 11-62.6 2.2-4353, II 62.0 2.2-4349,
11 62.10 2.2-4354 through II 00 2.2-4377.
(b) Notwithstanding subsection '(a) of this section, whenever
any provision of the Virginia Public Procurement Act which has been
adopted and incorporated by reference herein is modified or amended
by any other section of this code, or by any rule, regulation,
policy, procedure or administrative directive, such provision shall
be interpreted and implemented as modified or amended.
COMMENT
The references to the Virginia Public Procurement Act are replaced by the numbers of the re-
codified sections.
Sec. 2-216.1. Debarment.
(a) Pursuant to section 11 46.1 2.2-4321 of the Code of
Virginia, the purchasing agent shall have the authority to debar
any prospective contractor from contracting for particular types of
goods, services~ insurance or construction for a specified period
of time, and to remove any such contractor from the bidders' lists
when the public interest will be best served thereby. This may be
caused by any contractor's unsatisfactory performance, includinq
defaulting on its quotations or contracts, or by any other behavior
on the part of a contractor which is deemed by the purchasing agent
to be unethical, harmful to the city, or in any other way not to
the best interest of the city.
(b) Reasons for such debarment and removal shall be outlined
in writing by the purchasing agent and sent by certified or
registered mail to the contractor so debarred and removed at least
days prior to the date set for receipt of bids or
ten (10)
proposals.
COMMENT
The reference to the Virginia Public Procurement Act is replaced by the number of the re-
codified section, and small changes are made to track the language of the state law.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this day of , 2002.
CA-8270
DATA/ODIN/PROPOSED/02-214&216ord.wpd
R4
June 3, 2002
APPROVED AS TO CONTENTS:
Finance Department
APPROVED AS TO LEGAL
SUFFICIENCY:
4
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Amendment to Parks and Recreation Commission By-laws
MEETING DATE: August 6, 2002
Background:
The Parks and Recreation Commission serves as an advisory body to the Virginia Beach
City Council. The Commission serves as liaison between the City Council, the City
Manager, the Director of Parks and Recreation and the citizens of Virginia Beach. The
purpose of the Commission is to consult with and advise the City Manager, the Director of
Parks and Recreation, and the City Council on matters affecting open space, parks and
recreation policies, programs, and finances; the acquisition and disposal of lands and
properties related to parks and recreation; and the department's long-range projected
programs.
The Parks and Recreation Commission By-Laws were amended and approved by City
Council on March 27, 2001. Since that date, one additional change has been
recommended and approved by the Commission for City Council's review and ratification.
Considerations:
On June 6, 2002, the Commission approved the following amendment to ensure that the
By-laws reflect current Commission operating procedures and City ordinances:
ARTICLE 5 - Meetings, Section 5 - was amended to reflect a majority of the eleven
voting members must be present to constitute a quorum.
Recommendations:
Ratify Parks and Recreation Commission By-Laws, as amended.
Attachments:
Proposed Commission By-Laws as amended.
Recommended Action: Approval
Submitting Department/Agency:
I City Manager~,,._~ ~~Approval
Parks and Recreation commission
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AN ORDINANCE TO RATIFY AMENDMENTS TO
THE BYLAWS OF THE PARKS AND
RECREATION COMMISSION
WHEREAS, the Parks and Recreation Commission on June 6,
2002, approved various changes to its Bylaws; and
WHEREAS, Article 9 of the Commission's Bylaws provides
that amendments to the Bylaws must be reviewed and ratified by City
Council; and
WHEREAS, City Council has reviewed these recommended
amendments and finds them to be acceptable.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby ratifies the amendments to
the Bylaws of the Parks and Recreation Commission, as approved by
the Commission on June 6, 2002, a copy of which are attached hereto
as Exhibit 1 and are hereby incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
CA7979
rri/work/ordinances/Parks & Rec/ordinance.wpd
R2
July 25, 2002
Parks a
APPROVE[
SUFFICIENCY: ~ W s
De~arJ[ment o'f Law
REVISED 6/6/02
VIRGINIA BEACH PARKS AND RECREATION COMMISSION
BY-LA.WS
The Virginia Beach Parks and Recreation Commission has adopted the following articles in
order to facilitate its powers and duties in accordance with the provisions of the ordinances
and resolutions of the City of Virginia Beach, Virginia.
ARTICLE 1
That there is hereby created a Commission to be known as the Virginia Beach Parks and
Recreation Commission, hereinafter referred to as the "Commission".
ARTICLE 2 -- Purpose of the Commission
The Commission shall serve as an advisory body of the Virginia Beach City Council
("Council") for the purposes set forth in this article. The Commission shall serve as a liaison
between Council, the City Manager, the Director of the Department of Parks and Recreation
therewith, and the citizens of the City. The Commission shall consult with and advise the
City Manager, the Director and the Council in matters affecting open space, parks and
recreation policies, programs, finances, and the acquisition and disposal of lands and
properties related to the total community and open space, parks and recreation program, and
to its long-range projected program for open space, parks and recreation.
ARTICLE 3 -- Membership
Section 1. -- The Commission will be comprised of eleven (11) members. One (1) member
shall be appointed by City Council from the residents of each of the City's seven (7) election
districts, and the remaining members shall be appointed from among the residents of the City
at large. The Commission members are appointed by Council for such terms as Council shall
provide. Members will serve without pay, but under certain conditions may be paid expenses
incurred while performing their duties. City staff shall serve as ex-officio members with no
voting power. Other community members requested by the Commission and approved by
Council shall serve in an ex-officio capacitywith no voting power. They shall serve one year
terms or as necessary in an advisory capacity.
Section 2. -- Vacancies occasioned by removal, resignation, or otherwise, shall be reported
to the Council, and shall be filled in like manner as original appointments, except that the
term of office is restricted to the unexpired term of office. No member shall accumulate an
annual total of more than three absences for reasons other than personal illness, the illness
or death of a relative, or other circumstances beyond the member's control. If this limitation
is exceeded, the Chairperson shall forthwith report to the City Clerk the name of the member
whose unexcused absences exceed the limitation, pursuant to Code of the City of Virginia
Beach § 2-3.1. In the event of an anticipated absence, a member shall diligently attempt to
notify the Secretary of the absence prior to the meeting.
Section 3. -- Members may be reimbursed for travel and subsistence to professional
recreation meetings, conferences and workshops. Such reimbursement may be made in
compliance with the general policies of Virgi.nia Beach upon authorization of the City
Manager.
ARTICLE 4 -- Officers
The officers of the Commission shall be Chairperson, Vice-Chairperson and Secretary. The
officers shall be elected at the organizational meeting to serve for one year or until a
successor shall be elected.
ARTICLE 5 -- Meetings
Section 1. -- Regular meetings shall be held the first Thursday of each month during the year,
or at such other time of the month as may be determined by majority vote of all members of
the Commission.
Section 2. -- Special meetings may be called by the Chairperson or upon the written request
of at least three members.
Section 3. -- The time and place for the meetings shall be designated by the Chairperson.
Section 4. -- The first regular meeting in September of each year shall be called the
organizational meeting. The purpose of this meeting shall be the election of officers, review
of the inventory report, and other business that may need to come before such meetings. The
presentation of the annual report shall be in January of each year.
Section 5. -- The majority of the members present and voting at any duly constituted meeting
shall have the full authoriW of the Commission, provided that ,,~, ~ ~. ,-,~. ~,~ v ~. ,~,_,..,,~
membem a majority of the voting members must be present to constitute a quorum, axxd no
constitute an organizational meeting.
Section 6. -- All meetings are open to the public. Where allowed by the Freedom of
Information Act, the Commission, by majority vote, may go into a closed meeting.
Section 7. -- Meetings shall be conducted in accordance with procedures prescribed in the
by-laws.
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Section 8. -- The following shall be the order of business of the Commission, but the Rules
of order may be suspended and any matters considered or postponed by action of the
Commission. Order of Business:
-Call to order
-Roll call
-Consideration of minutes of last regular, meeting and of any special meetings held
subsequently and their approval or amendment
-Correspondence
-Unfinished business
-Committee discussions
-Repons from Liaisons
-Report from Director
- New business
-Adjournment
Section 9. -- The rules of procedure outlined in Robert's Rules of Order (revised), shall
govern the Commission on all occasions in which they are applicable and in which they are
not found inconsistent with the by-laws or special rules of the Commission.
ARTICLE 6 -- Duties and Responsibilities of the Commission
Section 1. -- The Commission shall make recommendations for approval by City Council.
1) The establishment of a system of supervised recreation for the City; to set apart for use as
parks, playgrounds, recreation areas and structures, any lands, water areas or buildings owned
or leased to or controlled by the City and may suggest improvements of such lands or
buildings, and structures as may be necessary to the recreational program within fimds
allocated to the Department.
2) The Commission shall assist City Council and the City Manager by appointing
subcommittees to study and evaluate certain matters dealing with Parks and Recreation as
directed by City Council.
Section 2. -- The Commission shall advise Council in the acceptance of any grant, gift,
bequest or donation of any personal or real property offered or made available for
recreational purposes and which is judged to be of present or possible future use for
recreation, parks, or open space.
Section 3. -- The Commission shall interpret the recreation and park services of the
Department to the community and interpret the needs and desires of the community to the
Council, City Manager and Director.
Section 4. -- The Commission shall determine and establish the general policies to be
followed in carrying out the purposes for which the Commission was established.
Section 5. -- Financial Duties and Responsibilities -- The Commission shall have no
authority to enter into any contract or incur any obligation binding the City.
1) The Commission shall assist the Director in the development and preparation of an annual
budget for the Department to be submitted to the City Manager and subsequently to City
Council, at the time designated by the City Mahager.
2) The Commission shall assist the Director in the development and preparation of an annual
budget for capital improvements (acquisition and development) in accordance with the plan
for parks and recreation for the City.
Section 6. -- Planning Duties and Responsibilities -- The Commission shall investigate and
determine the needs and interests of the community for open space, recreation facilities and
programs, and recommend open space areas, recreational programs and facilities to meet
these needs and interests.
ARTICLE 7 -- Duties of Officers and Relationship of the Director of Parks and Recreation
Section 1. -- Chairperson -- The Chairperson shall preside at all meetings, sign official
papers, appoint committees, call special meetings when he or she deems it advisable, and
perform all such duties as are usually handled by a Chairperson, except when such duties are
properly delegated. The Chairperson may succeed himself or herself and shall be elected
from the Commission members.
Section 2. -- Vice-Chairperson -- The Vice-Chairperson shall perform all the duties of the
Chairperson, in the absence of the Chairperson. The Vice-Chairperson shall be charged with
the responsibility to see that all standing and temporary committees function as planned by
the Commission.
In the absence of both the Chairperson and the Vice-Chairperson, the Commission shall elect
a Chairperson Pro Tempore who shall perform the duties of the Chairperson.
Section 3. -- Secretary -- The Secretary shall perform the usual duties pertaining to the office.
The Secretary shall keep or cause to be kept a full and tree permanent record of all meetings
of the Commission. This includes regular and special meetings plus reports of standing
committees and the Secretary shall be the custodian of all documents committed to his or her
care.
Section 4. -- Executive Committee -- The Executive Committee shall consist of the officers
elected by the Commission. It will be their duty to review all matters to be brought before
the entire Commission, make recommendations and prepare an agenda for the Commission
meetings. Meetings of the Executive Committee will be held as called by the Chairperson.
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Section 5. -- Director's Relationship -- The Director shall have a continuing responsibility
to explain the organization, responsibilities, working relationships and program objectives
of the Department of Parks and Recreation to the Commission. The Director of Parks and
Recreation shall work closely with the Commiss!on in matters of interest to the Commission,
involving the operation of an efficient parks and recreation program in the City of Virginia
Beach. The Director is an ex-officio member (by virtue of his/her office) and attends the
Commission meetings. The Director keeps the Commission informed concerning the
interests, needs, objectives, the progress of plans and other factors related to Parks and
Recreation and considered to be of importance to the Commission.
ARTICLE 8 -- Reports
The Commission shall make full and complete reports to the Council at such times as may
be requested and at such other times as the Commission may deem proper.
ARTICLE 9 -- Amendments
These by-laws may be amended at any regular meeting of the Commission by a majority of
the entire Commission, provided previous notice of the nature of any proposed amendment
shall have been given at least one regular meeting before the action thereon shall be taken
and upon concurrence of the City Council of the City of Virginia Beach.
The Commission's by-laws, rules and regulations governing its procedure shall not be
inconsistent with the provisions of the State laws and the approved ordinances and
resolutions as set forth by the Virginia Beach City Council.
Approved this __day of
Recreation Commission.
,2002, by the Virginia Beach Parks and
Chairperson
Secretary
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Encroachment Request for General Booth Storage, Inc. at 1545 General
Booth Boulevard
MEETING DATE: August 6, 2002
Background:
Michael D. Sifen, President of General Booth Storage, Inc., has applied for an encroachment
into the City's 55-foot drainage easement on their property at 1545 General Booth Boulevard.
They would like to install and maintain 24-inch storm pipes, 15-inch storm pipes, triple 48-inch
storm pipe, 8-inch waterline, fence, 10-foot access point with gate, asphalt pavement, drop
inlet and compacted select fill, curb and endwalls
Considerations:
Staff has reviewed this request and has no objections to this encroachment from an
operational and maintenance standpoint. These improvements are being done in conjunction
with the construction of storage units. The encroachment meets all drainage design
requirements and drainage calculations in accordance with Public Works Standards and
Specifications.
Public Information:
Advertisement of City Council Agenda
Alternatives:
Approve the encroachment as requested, deny the encroachment or add conditions as desired
by City Council.
Recommendations:
Staff recommends approval of this encroachment subject to the applicant complying with
conditions set forth in the agreement.
Attachments:
Agreement
Plat
Location Map
Ordinance
Recommended Action: Approve request and authorize City Manager to sign
agreement
submitting Department/Agency: Public Works/Real Estate(~ ~
City Manager: (~5~_.._,~,~o~
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF AN
EASEMENT BY GENERAL BOOTH STORAGE,
INC., THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, General Booth Storage, Inc. desires to construct
and maintain 24-inch storm pipes, 15-inch storm pipes, triple 48-
inch storm pipe, 8-inch waterline, fence, 10-foot access point with
gate, asphalt pavement, drop inlet and compacted select fill, curb
and~ndwalls into the City's easement located at 1545 General Booth
Boulevard.
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2107 and 15.2-2009, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~ 15.2-2107 and 15.2-2009, Code of Virginia, 1950, as
amended, General Booth Storage, Inc., their heirs, assigns and
successors in title are authorized to construct and maintain
temporary encroachments for a 24-inch storm pipes, 15-inch storm
pipes, triple 48-inch storm pipe, 8-inch waterline, fence, 10-foot
access point with gate, asphalt pavement, drop inlet and compacted
select fill, curb and endwalls in the City's easement as shown on
the map entitled: "Exhibit 'A'
Constructed Within And Upon A 55'
Showing Improvements To Be
Drainage Easement By General
Booth Storage, Inc'. Virginia Beach, Virginia Scale: 1" = 40'
January 30, 2002 "a copy of which is on file in the Department of
Public Works and to which reference is made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
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General Booth Storage, Inc., (the "Agreement") which is attached
hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as General Booth Storage, Inc. and the
City Manager or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
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CA-#
pdejesu/encroach/Gen. Booth Storage
R-1
PREPARED: 4/08/02
DEPARTMENT
APPROVED AS TO LEGAL
~_)~~SU~'~ICIENCY
CITY ATTOB~-EY
PREPARED BY VIRGINIA BEACH
CITY A'I'FORNEY'S OFFICE
TI-HS AGREEMENT, made this /o~ --day of ~"-~ ,2 E~O ~., by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and GENERAL BOOTH STORAGE, INC., A Virginia Corporation, ITS HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Betsy Ward Estate, Lot A, B, C" and '~Brocks Bridge 1.93 Acres"
being further designated and described as 1545 General Booth Boulevard, Virginia Beach, Virginia
23456; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain 24-inch
storm pipes, 15-inch storm pipes, triple 48-inch storm pipe, 8-inch waterline, fence, 1 O-foot access
point with gate, asphalt pavement, drop inlet and compacted select fill, curb and endwalls,
"Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the said Grantee encroach into a portion of an existing City 55-foot drainage
easement located at 1545 General Booth Boulevard, "The Encroachment Area"; and said Grantee
has requested that the City permit a Temporary Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid, to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
GPIN 2415-46-4253, 2415-46-3163, 2415-46-8154, 2415-46-9010
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the 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's specifications and approval and is more
particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled: "Exhibit 'A'
Showing Improvements To Be Constructed Within And
Upon A 55' Drainage Easement By General Booth
Storage Inc. Virginia Beach, Virginia Scale: 1"=40'
January 30, 2002 ," 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 to the Grantee, and that within thirty (30)
days after such notice is given, the Temporary Encroachment must be removed fi.om The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, 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 the 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
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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 Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintaia the
Temporary Encroachment to always provide adequate storm water flow and so as not to become
unsightly or a hazard or impede the flow of stoma water.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance ora right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the temporary encroachment sealed
by a registered professional engineer, 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 City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes; may require the Grantee to remove the Temporary Encroachment; and if such removal
shall not be made within the time ordered hereinabove I~y this Agreement, the City may impose a
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penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the
Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and
penalties in any manner provided by law for the collection of loc, al or state taxes.
IN WITNESS WHEREOF, General Booth Storage Inc., the said Grantee has caused
this Agreement to be executed in its corporate name and on its behalf by its president, and its
corporate seal to be hereto ai~ed and duly attested by its corporate secretary with due authority
by its board of directors. 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.
(SEAL)
ATTEST:
By:
CITY OF VIRGINIA BEACH
City Manager/Authorized
Designee of the City Manager
City Clerk
GENERAL BOOTH STORAGE, INC.
Michael D. Siren, President
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
,2 .,by
DESIGNEE OF THE CITY MANAGER.
day of
, CITY MANAGER/AUTHORIZED
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
VIRGINIA BEACH.
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day of
, by RUTH HODGES SMITH, City Clerk for the CITY OF
My Commission Expires:
Notary Public
CITY/COLrNTY~OF ~J;c-~',a;... fSe,,.-k , to-wit:
The foregoing instrument was acknowledged before me this It'r~ day of
,20 o 2- , by Michael D. Sifen, President, on behalf of General Booth
Storage Inc.
My Commission Expires:
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APPROVED AS TO
~o~ s~5~c¢
CITY ATTORNEY
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APPROVED AS TO CONTENT
AL ESTATE AGENT
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LOCATION MAP
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---~~OCATION MAP SHOWING °~ ~"~"°'
~:/"/~-~ ENCROACHMENT REQUESTED BY ~:~'-~--':'?'
GENERAL BOOTH STORAGE
INTO CITY RIGHT-OF-WAY
1545 GENERAL BOOTH BLVD.
SCALE: 1' = 200'
PREPARED BY P/v'V ENG. DRAFT. ~ ~ 02
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Ordinance Authorizing the Execution of a Project Cooperation Agreement
with the Department of the Army for the Sandbridge Beach Nourishment
Project (CIP 8-282)
MEETING DATE: August 6, 2002
Background: The beach replenishment program for Sandbridge Beach, as adopted in the Capital
Improvement Program (CIP), has long awaited the completion of federal policy review necessary for
implementation. The program involves initial construction (beach restoration) and periodic beach
nourishment for a fifty-year period, which commenced in 1998 with the completion of the stop-gap,
City-funded, beach nourishment. The goal of the program is to create and maintain a beach berm 50-
feet wide at an elevation of six feet above mean sea level, equating to a 'dry' beach 170 feet wide at
mid-tide. The City share of funding for this program is derived from the Sandbridge Special Service
District and Sandbridge Tax Increment Financing programs, created in FY 1994-1995 and FY 1998-
1999, respectively. All monies derived from these sources must be used for Sandbridge beach
nourishment. Sufficient funds are available for the City share of the initial construction; revenues from
these special funding sources are also forecast to be sufficient to provide for the City share of periodic
beach nourishment.
As a partnership between the federal government and the City of Virginia Beach, the program regimen
and limitations are specifically outlined in a series of Corps of Engineer's reports and polices, and
Congressional authorizations. As is the case in all other partnerships between the Corps of Engineers
and the City of Virginia Beach, the terms and conditions of the cooperative effort are defined in a
formal contract - the Project Cooperation Agreement (PCA). With approval of the PCA, initial
construction will take place in the Fall of 2002.
Considerations: Staff worked closely with the Corps of Engineers during the development of the
proposed PCAfor this project. The proposed agreement, in form and function, is nearly identical to the
agreement executed for the Resort Beach Hurricane Protection Project (CIP 9-704). The terms and
conditions of the proposed agreement effectuate and facilitate the beach replenishment program for
Sandbridge as outlined in the adopted CIP.
Public Information: The specific program for beach replenishment at Sandbridge which would be
governed by the proposed PCA has been the topic of several City Council public hearings, since and
prior to the project's FY 1995-1996 initial inclusion in the CIP.
Alternatives: Entering into this PCA is necessary to accomplish the mission outlined in the adopted
project. Aside from potential minor, non-substantiative, revisions to this proposed agreement, the only
alternative to proceeding is to re-evaluate the merits of the Sandbridge beach replenishment program,
and consider addressing the erosion issue without the federal government participation.
Recommendations: The proposed agreement is recommended for acceptance by Staff. Adoption
of the ordinance to authorize execution is recommended.
Attachments:
Ordinance
Project Cooperation Agreement Summary of Terms
Draft Project Cooperation Agreement
Recommended Action: Adopt Ordinance
Submitting De'e'e'e'e'e'e'e'e'e~partment/Ageqc'Y: ~~
City Manager'~./~~.~.~ ~
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AN ORDINANCE AUTHORIZING THE
EXECUTION OF A PROJECT COOPERATION
AGREEMENT WITH THE DEPARTMENT OF
THE ARMY FOR THE SANDBRIDGE BEACH
NOURISHMENT PROJECT
WHEREAS, by adoption of the Sandbridge Beach Restoration project in the FY 95-96
Capitol Improvement Program, and each year subsequerit, the City Council has endorsed the concept
cfa long-term partnership with the federal government for a beach nourishment project at Sandbridge
Beach (the "Project") subject to negotiation of a Project Cooperation Agreement with the
Department of the Army;
WHEREAS, City funds for construction of the Project are to be derived from the Sandbridge
Special Services District and the Sandbridge Tax Increment Financing Programs established in FY
94-95 and FY98-99, respectively;
WHEREAS, the Department of the Army and City representatives have negotiated a Drat~
Project Cooperation Agreement which would authorize the Project as previously endorsed by the
Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed to execute a Project Cooperation
Agreement with the Department of the Army for the construction of a Beach Erosion Control
Hurricane Protection project at Sandbridge Beach, in substantial conformity with the Draf~ Project
Cooperation Agreement, bearing an interim date of July 26, 2002, a copy of which has been provided
to the Council and is available for public inspection in the Office of the City Clerk.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~
, 2002.
CA-8522.0rd
ORDIN~ONCODE\CA8522. ord
Date: 7/25/02
RI
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
day of
Cit~torney's Office ~'. ~.~ -o Z-
PARTIES:
PURPOSE OF
PROJECT:
TERM OF
PROJECT:
FEDERAL
GOVERNMENT'S
OBLIGATION:
CITY'S
OBLIGATION:
PROJECT
COORDINATION:
PROJECTED
COSTS OVER
THE 50 YEAR
PROJECT:
PAYMENTS:
PROJECT COOPERATION AGREEMENT
SUMMARY OF TERMS
Department of The Army (Federal Government) and the City of Virginia
Beach (City)
Beach erosion control and hurricane protection for Sandbridge Beach
1998 - 2048
To construct the project and to undertake periodic nourishment of the beach
at such times during the term as the Federal Government, in consultation with
the City, determines such placement to be necessary and economically
justified. The Federal Government is to pay 65% of project costs.
To provide all lands needed for the initial construction, operation and
maintenance of the project. The City is to pay 35% of project costs (50% of
costs assigned by the Federal Government to recreation; however recreational
benefits and assignment of costs do not apply under current project authority).
Representatives of the Federal Government and the City will be appointed to
serve on a Project Coordination Team to oversee the project.
Initial Construction
Periodic Nourishment _
Total
$ 12,303,000
297,733,000
$310,036,000
City's share of project costs (estimated):
Initial Construction $ 4,306,000
Periodic Nourishment 104,207,000
Total $108, 513,000
The City shall make payment to the Federal Government of the City's share
as follows:
1. Initial Construction.
During the first year of initial construction the
City Shall pay its share of projected
construction costs for that year not later than
45 days prior to the issuance of the solicitation
for the contract for initial construction.
During the second and subsequent years of
initial construction, the City shall pay its share
of construction costs not later than 60 days
prior to the beginning of the Federal
Government's fiscal year (October 1).
2. Periodic Nourishment.
The City shall pay its share of projected costs
for the first iteration of periodic nourishment
not later than 45 days prior to the solicitation
for the contract for such periodic nourishment.
For lhe second and subsequent years of
periodic nourishment, the City shall pay its
share for each iteration of periodic
nourishment not later than 60 days prior to the
beginning of the Federal Government's fiscal
year (October 1).
OPERATION,
MAINTENANCE
REPAIR, AND
REHABILITATION:
INDEMNIFICATION:
TERMINATION:
The City shall operate, maintain, repair and rehabilitate the project.
The City shall hold harmless the Federal Government from all
damages arising from the project except for damages due to the fault
or negligence of the Federal Government or its contractors.
The Federal Government may terminate the Agreement if the City fails
to fulfill obligations. Either party may terminate the Agreement if the
Federal Government fails to receive an annual appropriation in an
amount sufficient to meet its project expenditures for the then current
or upcoming fiscal year. Termination of the Agreement shall not
relieve the parties of liability for any obligation previously incurred.
H:~Proj ectCooperationAgrmtORDSUM3 .wpd
PROJECT COOPERATION AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
TIlE CITY OF VIRGINIA BEACH, VIRGINIA
FOR CONSTRUCTION OF
BEACH EROSION CONTROL AND
HURRICANE PROTECTION PROJECT
AT SANDBRIDGE BEACH,
VIRGINIA BEACH, VIRGINIA
THIS AGREEMENT is entered into this __ day of ,2002, by
and between the Department of the Army (hereinaRer the "Government"), represented by
the Principal Deputy Assistant Secretary of the Army (Civil Works), and the City of
Virginia Beach, Virginia (hereinat~er the "Non-Federal Sponsor"), represented by the City
Manager.
WITNESSETH, THAT:
WHEREAS, construction of the Beach Erosion Control and Hurricane Protection
Project at Sandbridge Beach in Virginia Beach, Virginia, was authorized by Section
10 l(22)ofthe Water Resources Development Act of 1992, Public Law 102-580 as
amended by Section 338 of the Water Resources Development Act of 2000, Public Law
106-541;
WHEREAS, Section 338 of the Water Resources Development Act of 2000,
Public Law 106-541, sets the authorized periodic nourishment period to begin in 1998;
WHEREAS, the Government and the Non-Federal Sponsor desire to enter into a
Project Cooperation Agreement for construction of the Beach Erosion Control and
Hurricane Protection Project at Sandbridge Beach in 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 the cost-sharing requirements applicable to the
Project;
WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as
amended, and Section 103 of the Water Resources Development Act of 1986, Public Law
99-662, as amended, provide 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;
WHEREAS, the Non-Federal Sponsor does not qualify for a reduction of the
maximum non-federal cost share pursuant to the guidelines that implement Section 103(m)
of the Water Resources Act of 1986, Public Law 99-662, as amended;
WHEREAS, Section 902 of Public Law 99-6.62 establishes the maximum amount
of costs for the Project and sets forth procedures for adjusting such maximum amount;
and
WHEREAS, the Government and Non-Federal Sponsor have the full authority and
capability to perform as hereinaRer set forth and intend to cooperate in cost-sharing and
financing of the construction of the Project in accordance with the terms 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 term "Project" shall mean initial construction and periodic nourishment as
generally described in the Chief of Engineers Report dated June 29, 1992 and as
supplemented by the Limited Reevaluation Report dated May 2002 and approved by the
Chief, Planning and Policy Division, Civil Works and Management Directorate, North
Atlantic Division on June 4, 2002 and further modified by an Addendum to the Limited
Reevaluation Report, dated ~ and approved by the Chief, Planning and Policy
Division, Civil Works and Management Directorate, North Atlantic Division on
(hereinafter the "decision documents").
B. The term "initial construction" shall mean the provision of a beach berm which
will be constructed of suitable fill material and have a top elevation of 6.0 feet, NGVD, a
minimum top width of 50 feet, and a 1V:20H foreshore slope for a distance of
approximately 5 miles bounded by the Dam Neck Naval Training Center on the north and
the Back Bay National Wildlife Refuge on the south as generally described in the decision
documents.
C. The term "periodic nourishment" shall mean the placement, aRer the end of the
period of initial construction, of suitable beach fill material within the area of the initial
construction or any functional portion of the area of initial construction, as general
described in the decision documents.
D. The term "total project costs" shall mean all costs incurred by the Non-Federal
Sponsor and the Government in accordance with the terms of this Agreement directly
related to initial construction and periodic nourishment of the Project. Subject to the
provisions of this Agreement, the term shall include, but is not necessarily limited to:
continuing planning and engineering costs incurred after October 1, 1985; advanced
engineering and design costs; preconstruction engineering and design costs; engineering
and design costs during construction; the costs ofin.vestigations to identify the existence
and extent of hazardous substances in accordance with Article XV.A. of this Agreement;
costs of historic preservation activities in accordance with Article XVIII.A. of this
Agreement; actual construction costs, supervision and administration costs; 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-way, 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 costs of audit in accordance with Article X of this Agreement. The
term does not include any costs for operation, maintenance, repair, replacement, or
rehabilitation; any costs due to betterments; any costs of dispute resolution under Article
VII of this Agreement; or any liability or costs that the Non-Federal Sponsor incurs as a
result of third party claims associated with the lands, easements and rights-of-way that the
Non-Federal Sponsor must provide for initial construction, periodic nourishment,
operation and maintenance of the Project.
E. The term "total costs of initial construction" 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 the Government to periodic nourishment.
G. The term "financial obligation for initial construction" 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 periodic nourishment" 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 periodic nourishment.
I. The term "non-Federal proportionate share" with respect to initial construction,
shall mean the ratio of the Non-Federal Sponsor's total cash contribution required in
accordance with Articles II.E.2. of this Agreement to total financial obligations for initial
construction, as projected by the Government. The term shall mean, with respect to
periodic nourishment, the ratio of the Non-Federal Sponsor's total cash contribution
required in accordance with Article II.H.2. oft[tis 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 the solicitation for the first
contract for initial construction to the date that the U.S. Army Engineer for the Norfolk
District (hereinafter the "District Engineer") notifies the Non-Federal Sponsor in writing
of the Government's determination that initial construction of the Project 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
1998.
L. The term "highway" shall mean any public highway, roadway, street, or way,
including any bridge thereof.
M. The term "relocation" shall mean providing a functionally equivalent facility to
the owner of an existing utility, cemetery, highway or other public facility, or railroad
(excluding existing railroad bridges and approaches thereto) when such action is
authorized in accordance with applicable legal principles of just compensation or as
otherwise provided in the authorizing legislation for the Project or any report referenced
therein. Providing a functionally equivalent facility may take the form of alteration,
lowering, raising, or replacement and attendant removal of the affected facility or part
thereof.
N. The term "fiscal year" shall mean one fiscal year of the Government. The
Government fiscal year begins on October 1 and ends on September 30.
O. The term "functional portion of the Project" shall mean a portion of the Project
that is suitable for tender to the Non-Federal Sponsor to operate and maintain in advance
of completion of the entire Project. For a portion of the Project to be suitable for tender,
the District Engineer must notify the Non-Federal Sponsor in writing of the Government's
determination that the portion of the Project is complete and can function independently
and for a useful purpose, although the balance of the Project is not complete.
P. The term "betterment" shall mean a change in the design and construction of an
element of the Project resulting from the application of standards that the Government
determines exceed those that the Government would otherwise apply for accomplishing
the design and construction of that element.
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND
THE NON-FEDERAL SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of
the United States (hereinafter, the "Congress") and using those funds and funds provided
by the Non-Federal Sponsor, shall expeditiously construct the Project (including periodic
nourishment at such times during the authorized periodic nourishment period as the
Government, after consultation 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-Federal Sponsor the opportunity
to review and comment on the solicitations for all contracts, including relevant plans and
specifications, prior to the Government's issuance of such solicitations. The Government
shall not issue the solicitation for the first construction contract until the Non-Federal
Sponsor has confirmed in writing its willingness to proceed with the Project. To the
extent possible, the Government shall afford the Non-Federal Sponsor the opportunity to
review and comment on all contract modifications, including change orders, prior to the
issuance to the contractor ora Notice to Proceed. In any instance where providing the
Non-Federal Sponsor with notification of a contract modification or change order is not
possible prior to issuance of the Notice to Proceed, the Government shall provide such
notification in writing at the earliest date possible. To the extent possible, the Government
also shall afford the Non-Federal Sponsor the opportunity to review and comment on all
contract claims prior to resolution thereof. The Government shall consider in good faith
the comments of the Non-Federal Sponsor, but the contents 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 work is
performed under contract or by Government personnel), shall be exclusively within the
control of the Government.
2. Throughout the period of construction, the District Engineer shall
furnish the Non-Federal Sponsor with a copy of the Government's Written Notice of
Acceptance of Completed Work for each contract for the Project.
B. The Non-Federal Sponsor may request the Government to accomplish
betterments during the period of initial construction. Such requests shall be in writing and
shall 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 so
notify the Non-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, this Agreement shall control. The Non-
Federal Sponsor shall be solely responsible for all costs due to the requested betterments
5
and shall pay all such costs in accordance with Article VI.C. of this Agreement.
C. When the District Engineer determines that the initial construction of the
Project is complete or that a portion of the initial construction has become a functional
portion of the initial construction, the District Engineer shall so notify the Non-Federal
Sponsor in writing and furnish the Non-Federal Sponsor with an Operation, Maintenance,
Repair, and Rehabilitation Manual (hereinafter the "OMR&R Manual") and with copies of
all of the Government's Written Notices of Acceptance of Completed Work for all
contracts for the initial construction of the Project or the functional portion of the initial
construction that have not been provided previously. Upon such notification, the Non-
Federal Sponsor shall operate, maintain, repair, and rehabilitate the entire initial
construction of the Project or the functional portion of the initial construction in
accordance with Article VIII of this Agreement. When the District Engineer determines
that an iteration of.periodic nourishment is complete or that a portion of an iteration of
periodic nourishment has become a functional portion of such iteration of periodic
nourishment, the District Engineer shall so notify the Non-Federal Sponsor in writing and
furnish the Non-Federal Sponsor with copies of all of the Government's Written Notices
of Acceptance of Completed Work for all contracts for such iteration of periodic
nourishment or functional portion of such iteration of periodic nourishment that have not
been provided previously. Upon such notification, the Non-Federal Sponsor shall
operate, maintain, repair, and rehabilitate such iteration of periodic nourishment or the
functional portion of such iteration of periodic nourishment in accordance with.Article
VIII of this Agreement.
D. The Government shall assign all costs included or to be included in total
project costs, including all contributions provided by the Non-Federal Sponsor, to
hurricane and storm damage reduction, to recreation, or to privately owned shores where
use of such shores is limited to private interests.
E. During the period of initial construction, the Non-Federal Sponsor shall
contribute 35 percent of the total costs of initial construction assigned by the Government
to hurricane and storm damage reduction, plus 50 percent of the total costs of initial
construction assigned by the Government to recreation, plus 100 percent of the total costs
of initial construction assigned by the Govermnent to privately owned shores where use of
such shores is limited to 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 this 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 Government determines the Non-'
Federal Sponsor must provide for the initial construction, operation, and maintenance of
the Project, and shall perform or ensure performance of all relocations that the
Government determines to be necessary for the initial construction, operation, and
maintenance of the Project.
2. If the Government projects that the value of the Non-Federal Sponsor's
contributions under paragraph E. 1. of this Article and the Non-Federal Sponsor's
contributions attributable to initial construction under Articles V, X, and XV.A. of this
Agreement will be'less than the non-Federal share of initial construction, the Non-Federal
Sponsor shall provide an additiOnal contribution, in accordance with Article VI.B. of this
Agreement, in the amount necessary to make the Non-Federal Sponsor's total contribution
equal to the non-Federal share of initial construction.
3. If the Government determines that the value of the Non-Federal
Sponsor's contributions provided under paragraphs E. 1. and E.2. of this Article and the
Non-Federal Sponsor's contributions attributable to initial construction under Articles V,
X, and XV.A. of this Agreement has exceeded the non-Federal share of initial
construction, the Government, subject to the availability of funds, shall reimburse the Non-
Federal Sponsor for any such value in excess of the non-Federal share of initial
construction. At, er such a determination, the Government, in its sole discretion may
provide any remaining initial construction lands, easements, rights-of-way, and suitable
borrow and dredged or excavated material disposal areas and perform any remaining initial
construction relocations on behalf of the Non-Federal Sponsor.
F. The Non-Federal Sponsor may request the Government to 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 period of
initial construction. Such requests shall be in writing and shall describe the services
requested to be performed. If in its sole discretion the Government elects to perform the
requested services 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 consistent with
this Agreement. 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
of the requested services and shall pay all such costs in accordance with Article VI.C. of
this Agreement. Notwithstanding the provision of lands, easements, rights-of-way, and
suitable borrow and dredged or excavated material disposal areas or performance of
relocations 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.
G. Upon completion of the period of initial construction, the Government shall
perform a final accounting in accordance with Article VI.D. of this Agreement to
determine the contributions provided by the Non-Federal Sponsor in accordance with
paragraphs B., E., and F. of this Article and Articles V, X, and XV.A. of this Agreement
and to determine whether the Non-Federal Sponsor has met its obligations under
paragraphs B., E., and F. of this Article.
H. 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 hurricane and storm damage reduction, plus 50 percent of the total costs
of periodic nourishment assigned by the Government to recreation, plus 100 percent of the
total costs of periodic nourishment assigned by the Government to privately owned shores
where use of such shores is limited to private interes.ts (hereinafter the "non-Federal share
of periodic nourishment") in accordance with the provisions of this paragraph.
1. In accordance with Article III of this 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 Government determines the Non-
Federal Sponsor must provide for the iteration of periodic nourishment, and shall perform
or ensure performance of all relocations that the Government determines to be necessary
for the iteration of periodic nourishment of the Project.
2. If the Government projects that the value of the Non-Federal Sponsor's
contributions under paragraph H. 1. of this Article and the Non-Federal Sponsor's
contributions attributable to periodic nourishment under Articles V, X, and XV.A. of this
Agreement, will be less than the non-Federal share of periodic nourishment, the Non-
Federal Sponsor shall provide an additional cash contribution, in accordance with Article
VI.B. of this Agreement, in the amount necessary to make the Non-Federal Sponsor's total
contribution equal to the non-Federal share of periodic nourishment.
3. If the Government determines that the value of the Non-Federal
Sponsor's contributions provided under paragraphs H. 1. and H.2. of this Article and the
Non-Federal Sponsor's contributions attributable to periodic nourishment under Articles
V, X, and XV.A. of this Agreement, has exceeded the non-Federal share of periodic
nourishment, the Government, subject to the availability of funds, shall reimburse the Non-
Federal Sponsor for any such value in excess of the non-Federal share of periodic
nourishment. After such a determination, the Government, in its sole discretion, may
provide any remaining periodic nourishment lands, easements, rights-of-way, and suitable
borrow and dredged or excavated material disposal areas and perform any remaining
periodic nourishment relocations on behalf of the Non-Federal Sponsor.
I. The Non-Federal Sponsor may request the Government to accomplish
betterments during the authorized periodic nourishment period. Such requests shall be in
writing and shall 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 so notify the Non-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, 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.
J. The Non-Federal Sponsor may request the Government to 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 to be performed. If in its sole discretion the Government elects to
perform the requested services 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
consistent with this Agreement. 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 of the requested services and shall pay all such costs in accordance
with Article VI.C. of this Agreement. Notwithstanding the provision of lands, easements,
rights-of-way, and suitable borrow and dredged or excavated material disposal areas or
performance of relocations 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.
K. For each iteration of periodic nourishment, the Government shall perform a
final accounting in accordance with Article VI.F. of this Agreement to determine the
contributions provided by the Non-Federal Sponsor toward the total costs of periodic
nourishment and costs due to betterments in accordance with paragraphs H., I., and J. of
this Article and the Non-Federal Sponsor's contributions attributable to periodic
nourishment under Articles V, X, and XV.A. of this Agreement, and to determine whether
the Non-Federal Sponsor has met its obligations under paragraphs H., I. and J. of this
Article.
L. In the event that the initial construction, or any functional portion of the 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 fill material within the area of the completed initial construction, 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.H. of this Agreement. In the event an uncompleted beach berm portion of
the 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 fill material within the area of the uncompleted initial construction as
initial construction. The costs of the placement of suitable beach fill material and repair.
and restoration shall be included in the total costs of initial construction and cost shared in
accordance with Article II.E. 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 84-99 to
accomplish any emergency repair and restoration work of the completed initial
construction, or a functional portion of the initial construction.
M. The Non-Federal Sponsor shall not use Federal funds to meet the Non-Federal
Sponsor's share of total project costs under this Agreement unless the Federal granting
agency verifies in writing that the expenditure of such funds is expressly authorized by
statute.
N. The Non-Federal Sponsor agrees to participate in and comply with applicable
Federal floodplain management and flood insurance programs.
O. Not less than once each year the Non-Federal Sponsor shall inform affected
interests of the extent of protection afforded by the Project elements.
P. The Non-Federal Sponsor shall publicize floodplain information in the area
concerned and shall provide this information to zoning and other regulatory agencies for
their use in preventing unwise future development in the flood 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.
Q. The Non-Federal Sponsor shall comply with Section 402 of the Water
Resources Act of 1986, as amended (33 U.S.C. 701b-12), which requires a non-Federal
interest to have prepared within one year after the date of signing this Agreement, a
floodplain management plan. The plan shall be designed to reduce the impacts of future
flood events in the project area, including but not limited to, addressing those measures to
be undertaken by non-Federal interests to preserve the level of flood protection provided
by this Project. As required by Section 402, as amended, the Non-Federal Sponsor shall
implement such plan not later than one year after completion of construction of the
Project. The Non-Federal Sponsor shall provide an information copy of the plan to the
Government upon its preparation.
R. For so long as the Project remains authorized, the Non-Federal Sponsor shall
ensure continued conditions of public ownership and use of the shore on which Federal
participation is based.
S. The Non-Federal Sponsor shall provide and maintain appropriate access roads,
parking areas, and other public use facilities open and available to all on equal terms.
T. The Non-Federal Sponsor shall prescribe and enforce regulations to prevent
obstruction of or encroachment on the Project elements that would reduce the level of
protection the Project affords or that would hinder operation and maintenance of the
Project elements.
10
U. The Non-Federal Sponsor shall control water pollution to the extent necessary
to safeguard the health of bathers.
ARTICLE IH - LANDS, RELOCATIONS, DISPOSAL AREAS, AND
PUBLIC LAW 91-646 COMPLIANCE
A. The Government, after consultation with the Non-Federal Sponsor, shall
determine the lands, easements, and rights-of-way required for the initial construction,
periodic nourishment, operation, and maintenance of the Project, including 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, easements, and rights-of-
way that the Government determines the Non-Federal Sponsor must provide, in detail
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
acquisition of such lands, easements, and rights-of-way. Prior to the end of the period of
initial construction, the Non-Federal Sponsor shall acquire all lands, easements, and rights-
of-way required for the initial construction, operation and maintenance of the Project, as
set forth in such descriptions. Prior to the end of the authorized periodic nourishment
period, the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way
required for the periodic nourishment, as set forth in such descriptions. Furthermore,
prior to issuance of the solicitation for each contract for the initial construction or periodic
nourishment, the Non-Federal Sponsor shall provide the Government with authorization
for entry to all lands, easements, and rights-of-way the Government determines the Non-
Federal Sponsor must provide for that contract. For so long as the Project remains
authorized, the Non-Federal Sponsor shall ensure that all lands, easements, and rights-of-
way that the Government determines to be required for the initial construction, periodic
nourishment, operation and maintenance of the Project are available for such activities,
and are retained in public ownership for uses compatible with the authorized purposes of
the Project. The Non-Federal Sponsor shall have the sole responsibility to defend title to
the required interests in land. In no event shall the Government participate in the
resolution of any third party claims as to the lands, easements and rights-of-way that the
Government determines that the Non-Federal Sponsor must provide in accordance with
this Agreement. Furthermore, the Non-Federal Sponsor shall hold and save the
Government free from any and all costs or liability associated with the provision of the
lands, easements and rights-of-way required for Project purposes. B. The Government,
at, er 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 initial construction, periodic nourishment,
operation, and maintenance of the Project. Such improvements may include, but are not
necessarily limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring
11 ;
features, stilling basins, and de-watering pumps and pipes. The Government in a timely
manner shall provide the Non-Federal Sponsor with general written descriptions of such
improvements in detail 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. Prior to the end of the
period of initial construction, the Non-Federal Sponsor shall provide all improvements
required for the initial construction, operation and maintenance of the Project, as set forth
in such descriptions. Prior to the end of the authorized periodic nourishment period, the
Non-Federal Sponsor shall provide all improvements required for the periodic
nourishment, 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 plans 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 specifications to
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
determine 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
Government in a timely manner shall provide the Non-Federal Sponsor with general
written descriptions, including maps as appropriate, of such relocations in detail 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 such relocations.
Prior to the end of the period of initial construction, the Non-Federal Sponsor shall
perform or ensure the performance of all relocations required for the initial construction,
operation and maintenance of the Project, as set forth in such descriptions. Prior to the
end of the authorized periodic nourishment period, the Non-Federal Sponsor shall perform
or ensure the performance of all relocations required for the periodic nourishment, as set
forth in such descriptions. Furthermore, prior to issuance of the solicitation for each
Government contract for initial 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 Government 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 sufficient to enable the Government to determine the value of
any contribution provided pursuant to paragraphs A., B., or C. of this Article. Upon
receipt of such documents the Government, in accordance with Article IV of this
Agreement and in a timely manner, shall determine the value of such contribution, include
such value in total project costs, and afford credit for such value toward the non-Federal
share of initial construction or the non-Federal share of periodic nourishment.
12
E. The Non-Federal Sponsor shall comply with the applicable provisions of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public
Law 91-646, as amended by Title IV of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations
contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights-of-way required
for the initial construction, periodic nourishment, operation, and maintenance of the
Project, including those necessary for relocations, borrow materials, and dredged or
excavated material disposal, and shall inform all affected persons of applicable benefits,
policies, and procedures in connection with said Act.
ARTICLE IV - CREDIT FOR VALUE OF LANDS, RELOCATIONS,
AND DISPOSAL AREAS
A. The Non-Federal Sponsor shall receive credit toward its share of total costs of
initial construction for the value of the lands, easements, rights-of-way, and suitable
borrow and dredged or excavated material disposal areas that the Non-Federal Sponsor
must provide for initial construction, operation, and maintenance of the Project pursuant
to Article III of this Agreement, and for the value of the relocations that the Non-Federal
Sponsor must perform or for which it must ensure performance for initial construction,
operation, and maintenance of the Project pursuant to Article III of this Agreement. The
Non-Federal Sponsor shall receive credit toward its share of total costs of periodic
nourishment for the value of the lands, easements, fights-of-way, and suitable borrow and
dredged or excavated material disposal areas that the Non-Federal Sponsor must provide
for periodic nourishment of the Project pursuant to Article III of this Agreement, and for
the value of the relocations that the Non-Federal Sponsor must perform or for which it
must ensure performance for periodic nourishment of the Project pursuant to Article III of
this Agreement. However, the Non-Federal Sponsor shall not 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 of lands, easements, rights-of-way, relocations, or borrow and dredged or excavated
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. Furthermore, the Non-Federal Sponsor shall not receive credit for
any liability or costs incurred as a result of third party claims associated with the lands,
easements and rights-of-way that the Non-Federal Sponsor must provide for initial
construction, periodic nourishment, operation and maintenance of the Project.
B. For the sole purpose of affording credit in accordance with this Agreement, the
value of lands, easements, and rights-of-way, including those necessary for relocations,
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
13
interests, as determined in accordance with the provisions of this paragraph.
1. Date nfVahmtinn. The fair market value of lands, easements, or rights-
of-way owned by the Non-Federal Sponsor on the effective date of this Agreement shall
be the fair market value of such real property interests as of the date the 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. Geno. ral Vah,ntinn Prncerlnre. Except as provided in paragraph B.3. of
this Article, the fair market value of lands, easements, or rights-of-way shall be determined
in accordance 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 Government. The appraisal must be prepared in 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 Government does not approve
the Non-Federal Sponsor's appraisal, the Non-Federal Sponsor may obtain a second
appraisal, and the fair market 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
Government, 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 fair market value.
b. Where the amount paid or proposed to be paid by the Non-
Federal Sponsor for the real property interest exceeds the amount determined pursuant to
paragraph B.2.a. of this Article, the Government, at the request of the Non-Federal
Sponsor, shall consider all factors relevant to determining fair market value and, in its sole
discretion, after consultation with the Non-Federal Sponsor, may approve in writing an.
amount greater than the amount determined pursuant to paragraph B.2.a. of this 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 shall be the lesser of the approved amount
or the amount paid by the Non-Federal Sponsor, but no less than the amount determined
14 ;
pursuant to paragraph B.2.a. of this Article.
3. Eminent Dc~main Vahmticm Prcmedure. 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 Government notification in writing of its intent to institute such proceedings and an
appraisal of the specific real property interests to be.acquired in such proceedings. The
Government shall have 60 days after receipt of such a notice and appraisal within which to
review the appraisal, if not previously approved by the Government in writing.
a. If the Government previously has approved the appraisal in
Writing, or if the Government provides written approval of, or takes no action on, the
appraisal within 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 Government provides written disapproval of the appraisal,
including the reasons for disapproval, within such 60-day period, the Government and the
Non-Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of
disagreement that are identified in the Government'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 amount as the estimate
of just compensation for the purpose of instituting the eminent domain proceeding. If,
after such good faith consultation, the Government 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 interests
taken, to the extent the Government determined such interests are required for the initial
construction, periodic nourishment, operation, and maintenance of the Project, or the
amount of any stipulated settlement or portion thereof that the Government approves in
writing.
4. lne. ido. ntM Co_eta For lands, easements, or rights-of-way acquired by
the Non-Federal Sponsor within a five-year period preceding the effective date of this
Agreement, or at any time after the effective date of this Agreement, the value 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 costs, as well as the
actual amounts expended for payment of any Public Law 91-646 relocation assistance
benefits provided in accordance with Article III.E. of this Agreement.
C. After consultation with the Non-Federal Sponsor, the Government shall
determine the value of relocations in accordance with the provisions of this paragraph.
1. For a relocation other than a high~,vay, the value shall be only that
portion of relocation costs that the Government determines is necessary to provide a
functionally equivalent 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 design 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 not necessarily be limited to, actual
costs of performing the relocation; planning, engineering and design costs; supervision and
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
Government, 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 determine reasonableness, allocability, and allowability of costs.
4. Crediting for relocations performed within the Project boundaries is
subject to satisfactory compliance with applicable federal labor laws covering non-Federal
construction, including, but not limited to the Davis-Bacon Act (40 USC 276a et seq), the
Contract Work Hours and Safety Standards Act (40 USC 327 et seq) and the Copeland
Anti-Kickback Act (40 USC 276c). Crediting may be withheld, in whole or in part, as a
result of the Non-Federal Sponsor's failure to comply with its obligations under these
laws.
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 with
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 shall not include any costs due to betterments, as determined by the
Government.
ARTICLE V - PROJECT COORDINATION TEAM
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
Agreement, shall appoint named senior representatives to a Project Coordination Team.
Thereafter, the Project Coordination Team shall mc.et regularly until the end of the period
of initial construction and during the authorized periodic nourishment period, as
appropriate. 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 Non-Federal Sponsor's counterpart
shall keep the Project Coordination Team informed of the progress of construction and of
significant 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 initial construction or the authorized periodic
nourishment period, as appropriate, the Project Coordination Team shall generally oversee
the Project, including issues related to design; plans and specifications; scheduling; real
property and relocation requirements; real property acquisition; contract awards and
modifications; contract costs; the application of and compliance with the Davis-Bacon Act,
Contract Work Hours and Safety Standards Act and the Copeland Anti-Kickback Act for
relocations; the Government's cost projections; final inspection of the initial construction or
functional portions of the initial construction; final inspection of each iteration of periodic
nourishment or functional portions of each iteration of periodic nourishment; preparation
of the proposed OMRR&R Manual; anticipated requirements and needed capabilities for
performance of operation, maintenance, repair, replacement, and rehabilitation of the
Project; 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 matters that the Project Coordination Team
generally oversees, including suggestions to avoid potential sources of dispute. The
Government in good faith shall consider the recommendations of the Project Coordination
Team. The Government, having the legal authority and responsibility for construction of
the Project, has the discretion to accept, reject, or modify the Project Coordination Team's
recommendations.
E. The costs of participation in the Project Coordination Team shall be include~t in
total project costs and cost shared in accordance with the provisions of this Agreement.
ARTICLE VI - METHOD OF PAYMENT
A. The Government shall maintain current 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 July 1 of each year
and at least quarterly thereatier, 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 during the period of initial construction or
during the authorized periodic nourishment period, as applicable, of the components of
total project costs, of the non-Federal share of initial construction, 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 total
cash contributions required in accordance with Articles ll.B., II.E, II.F, II.H., II.I., and
II.J. of this Agreement, of the non-Federal proportionate share, and of the funds the
Government projects to be required from the Non-Federal Sponsor for the upcoming
fiscal year. On the effective date of this Agreement, total project costs are projected to be
$310,036,000, total costs of initial construction are estimated to be $12,303,000, and total
costs for periodic nourishment are estimated to be $297,733,000. The Non-Federal
Sponsor's contribution required under Article II.E.2. of this Agreement is projected to be
$4,306,000 and the Non-Federal Sponsor's contribution required under Article II.H.2. of
this Agreement is projected to be $104,207,000. Such amounts are estimates subject to
adjustment by the Government and are not to be construed as the total financial
responsibilities of the Government and the Non-Federal Sponsor.
B. The Non-Federal Sponsor shall provide the cash contribution required under
Article II.E.2. of this Agreement in accordance with the provisions of this paragraph.
1. Not less than 45 calendar days prior to the scheduled date for issuance
of the solicitation for the first contract for initial construction, the Government shall notify
the Non-Federal Sponsor in writing of such scheduled date and 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 initial construction through the
first fiscal year of the period of initial construction, including the non-Federal
proportionate share of financial obligations for initial construction incurred prior to the
commencement of the period of initial construction. Not later than such scheduled date,
the Non-Federal Sponsor shall provide the Government with the full amount of the
required funds by delivering a check payable to "FAO, USAED, Norfolk" to the District
Engineer or verifying to the satisfaction of the Government that the Non-Federal Sponsor
has deposited the required funds in an escrow or other account acceptable to the
Government, with interest accruing to the Non-Federal Sponsor, or presenting the
Government with an irrevocable letter of credit acceptable to the Government for the
required funds, or providing an Electronic Funds Transfer of the required funds in
accordance with procedures established by the Government.
2. For the second and subsequent fiscal years of the period of initial
construction, the Government shall notify the Non-Federal Sponsor in writing, no later
than 60 calendar days prior to the beginning 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 initial construction 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 any of the payment mechanisms specified in
Article VI.B. 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 cover: (a) the non-
Federal proportionate share of financial obligations for initial construction incurred prior
to the commencement of the period of initial construction; and (b) the non-Federal
proportionate share of financial obligations for initial construction as they are incurred
during the period of initial construction.
4. If at any time during the period of initial construction the Government
determines that additional funds will be needed from the Non-Federal Sponsor to cover
the non-Federal proportionate share of projected financial obligations for initial
construction for the current fiscal year, the Government shall notify the Non-Federal
Sponsor in writing of the additional funds required, and provide an explanation of why
additional funds are required, and the Non-Federal Sponsor, no later than 60 calendar days
from receipt of such notice, shall make the additional required funds available through any
of the payment mechanisms specified in Article VI.B. 1. of this Agreement.
C. In advance of the Government incurring any financial obligation associated
with additional work under Article II.B., II.F., II.I., or II.J. of this Agreement, the Non-
Federal Sponsor shall provide the Government with the full amount of funds required to
pay for such additional work through any of the payment mechanisms specified in Article
VI.B. 1. of this Agreement. The Government shall draw from the funds provided by the
Non-Federal Sponsor such sums as the Government deems necessary to cover the
Government's financial obligations for such 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 the Non-Federal Sponsor
in writing of the additional funds required and provide an explanation of why additional
funds are required. Within 30 calendar days thereafter, the Non-Federal Sponsor shall
provide the Government with the full amount of the additional required funds through any
of the payment mechanisms specified in Article VI.B. 1. of this agreement.
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 final accounting shall determine total costs of initial construction, each party's
contribution provided thereto, 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 Sponsors cash contribution provided pursuant to
Article II.B. of'this Agreement during the period of ~nitial construction.
1. In the event the final accounting shows that the total contribution
provided by the Non-Federal 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 during the period of initial construction, the Non-Federal Sponsor shall,
no later than 90 calendar days after receipt of written notice, make a 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 with Article II.B.
of this Agreement during the period of initial construction by delivering a check payable to
"FAO, USAED, Norfolk" to the District Engineer or providing an Electronic Funds
Transfer in accordance with procedures established by the Government.
2. In the event the final accounting shows that the total contribution
provided by 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
Agreement during the period of initial construction, the Government 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 existing funds are not
available to refund the excess to the Non-Federal Sponsor, the Government 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.H.2. of this Agreement in accordance with the provisions of this paragraph.
1. Not less than 45 calendar days prior to the scheduled date for issuance
of the solicitation for the first contract for each iteration of periodic nourishment, the
Government shall notify the Non-Federal Sponsor in writing of such scheduled date and
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 through the first fiscal year of each iteration of periodic nourishment,
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 provide the
Government with the full amount of the required funds by delivering a check payable to
"FAO, USAED, Norfolk" to the District Engineer or verifying to the satisfaction of the
20 ~
Government that the Non-Federal Sponsor has deposited the required funds in an escrow
or other account acceptable to the Government, with interest accruing to the Non-Federal
Sponsor, or presenting the Government with an irrevocable letter of credit acceptable to
the Government for the required funds, or providing an Electronic Funds Transfer of the
required funds in accordance with procedures established by the Government.
2. For the second and subsequent fis. cal years of each iteration of periodic
nourishment, the Government shall notify the Non-Federal Sponsor in writing, no later
than 60 calendar days prior to the beginning 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 any of the payment mechanisms specified in Article
VI.B. 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 cover: (a) 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 obligations for periodic nourishment as they
are incurred during the authorized periodic nourishment period.
4. If at any time during the authorized periodic nourishment period the
Government determines that additional 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 Government shall notify the Non-
Federal Sponsor in writing of the additional funds required and provide an explanation of
why additional funds are required, and the Non-Federal Sponsor, no later than 60 calendar
days from receipt of such notice, shall make the additional required funds available
through any of the payment mechanisms specified in Article VI.B. 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 all claims and appeals relevant to the periodic nourishment, the Government shall
conduct a final accounting and furnish the Non-Federal Sponsor with the results of the
final accounting. The final accounting shall determine total costs of periodic nourishment,
each party's contribution 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 provideci
pursuant to Article II.I. of this Agreement during the authorized periodic nourishment
period.
1. In the event the final accounting shows that the total contribution
provided by the Non-Federal Sponsor is less than the non-Federal share of periodic
nourishment plus costs due to any betterments provided in accordance with Article II.I. of
this Agreement during the authorized periodic nourishment period, the Non-Federal
Sponsor shall, no later than 90 calendar days after receipt of written notice, make a
payment to the Government of whatever sum is required to meet the non-Federal share of
periodic nourishment plus costs due to any betterments provided in accordance with
Article II.I. of this Agreement during the authorized periodic nourishment period by
delivering a check payable to "FAO, USAED, Norfolk" to the District Engineer or
providing an Electronic Funds Transfer in accordance with procedures established by the
Government.
2. 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 betterments provided in accordance with Article II.I. of
this Agreement, the Government 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 existing funds are not available to refund the excess
to the Non-Federal Sponsor, the Government shall seek such appropriations as are
necessary to make the refund.
ARTICLE VII - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this Agreement,
that party must first notify the other party in writing of the nature of the purported breach
and seek in good faith to resolve the dispute through negotiation. If the parties cannot
resolve the dispute through negotiation, they may agree to a mutually acceptable method
of non-binding alternative dispute resolution with a qualified third party acceptable to both
parties. The parties shall each pay 50 percent of any 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, KEPAIK,
AND REHABILITATION (OlVlR&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,
repair, and rehabilitate the initial construction, each iteration of periodic nourishment,
functional portion of the initial construction, or functional portion of each iteration of
periodic nourishment, as applicable, at no cost to the Government, in a manner compatible
with the Project's authorized purposes and in accordance with applicable Federal and State
22
laws as provided in Article XI of this Agreement and specific directions prescribed by the
Government in the OMR&R Manual and any subsequent amendments thereto.
1. At least annually the Non-Federal Sponsor shall monitor the beach
profile to determine losses of nourishment material from the Project design section and
provide the results of such monitoring to the Government.
2. The Non-Federal Sponsor shall gr. ade and reshape the beach profile, as
needed, using material within the Project area and maintain vegetation, fencing, dune
walk-over structures, and other Project features associated with the beach as required in
the OMR&R Manual.
B. The Non-Federal Sponsor hereby gives the Government 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, repairing, replacing, or
rehabilitating the Project. If an inspection shows that the Non-Federal Sponsor for any
reason is failing to perform its obligations under this Agreement, the Government shall
send a written notice describing the non-performance to the Non-Federal Sponsor. If,
after 30 calendar days from receipt of notice, the Non-Federal Sponsor continues to fail to
perform, then the Government shall have the 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 completing, operating, maintaining, repairing,
replacing, or rehabilitating the Project. No completion, operation, maintenance, repair,
replacement, or rehabilitation by the Government shall operate to relieve the Non-Federal
Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this
Agreement, or to preclude the Government from pursuing any other remedy at law or
equity to ensure faithful performance pursuant to this Agreement.
'ARTICLE IX - INDEMNIFICATION
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, and rehabilitation of the Project and any Project-related
betterments, except for damages due to the fault or negligence of the Government or its
contractors.
ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT
A. Not later than 60 calendar days after the 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 incurred
23 :
pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate,
the standards for financial management systems set forth in the Uniform Administrative
Requirements for Grants 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 completion of the accounting for which such
books, records, documents, and other evidence were required. To the extent permitted
under applicable Federal laws and regulations, the Government and the Non-Federal
Sponsor shall each allow the other to inspect such books, documents, records, and other
evidence.
B. Pursuant to 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 Management and Budget (OMB) Circular No. A- 133 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 Government
shall provide to the Non-Federal Sponsor and independent auditors any information
necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement.
The costs of any non-Federal audits performed in accordance with this paragraph shall be
allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such
costs as are allocated to the Project shall be included in total project costs and cost shared
in accordance with the provisions of this Agreement.
C. In accordance with 31 U.S.C. Section 7503, the Government may conduct
audits in addition to any audit that the Non-Federal Sponsor is required to conduct under
the Single Audit Act. Any 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 Government audits
performed in accordance with this paragraph shall be included in total project costs and
cost shared in accordance with the provisions of this Agreement.
ARTICLE XI - FEDERAL A_ND 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 (42 U.S.C. 2000d), and Department of Defense Directive
5500.11 issued pursuant thereto, as well as Army Regulations 600-7, entitled
"Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or
Conducted by the Department of the Army". The Non-Federal Sponsor is also required to
comply with all applicable federal labor standards requirements including, but not limited
to the Davis-Bacon Act (40 USC 276a et seq), the Contract Work Hours and Safety
24
Standards Act (40 USC 327 et seq) and the Copeland Anti-Kickback Act (40 USC 276c).
ARTICLE XII - RELATIONSHIP OF PARTIES
A. In the exercise of their respective rights and obligations under this Agreement,
the Government and the Non-Federal Sponsor each .act in an independent capacity, and
neither is to be considered the 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
waives or purports to waive any rights such other party may have to seek relief or redress
against such contractor either pursuant to any cause of action that such other party may
have or for violation of any law.
ARTICLE XIII - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, nor any resident commissioner, shall
be admitted to any share or part of this Agreement, or to any benefit that may arise
therefrom.
ARTICLE XIV - TERMINATION OR SUSPENSION
A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under
Article II.B., II.E., II.F., II.H., II.L, II.J., VI, or XVIII.C. of this Agreement, 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 annual appropriations in amounts sufficient
to meet Project expenditures for the then-current or upcoming fiscal year, the Government
shall so notify 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 to suspend future
performance under this Agreement pursuant to this paragraph, such suspension shall
remain in effect until such time as the Government 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
25
this Article or Article XV of this Agreement, both parties shall conclude their activities
relating to the Project and proceed to a final accounting in 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 this Article or Article XV of this Agreement shall not
relieve the parties of liability for any obligation previously incurred. Any delinquent
payment owed by the Non-Federal Sponsor shall be charged interest at a rate, to be
determined by the Secretary of the Treasury, equal to 150 per centum 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 to the beginning
of each additional 3-month period if the period of delinquency exceeds 3 months.
ARTICLE XV - HAZARDOUS SUBSTANCES
A. Alter execution of this Agreement and upon direction 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 Environmental Response, Compensation, and Liability Act (hereinat'ter
"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 navigation servitude, only the Government shall perform
such investigations unless the District Engineer provides the Non-Federal 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 be included in total costs of initial construction and cost shared in
accordance with the provisions of this Agreement, subject to an audit in accordance with
Article X.C. of this Agreement to determine reasonableness, allocability, and allowability
of costs.
2. All actual costs incurred by the Non-Federal Sponsor or the
Government during the authorized periodic nourishment period for such investigations £or
hazardous substances shall be included in the total costs of periodic nourishment and cost
shared in accordance with the provisions of this Agreement, subject to an audit in
accordance with Article X.C. of this Agreement to determine reasonableness, allocability,
and allowability of costs.
26
B. In the event it is discovered through any investigation for hazardous substances
or other means that hazardous substances regulated under CERCLA exist in, on, or under
any lands, easements, or 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, the Non-Federal Sponsor and the
Government shall provide prompt written notice to .each other, and the Non-Federal
Sponsor shall not proceed with the acquisition of the real property interests until both
parties agree that the Non-Federal Sponsor should proceed.
C. The Government and the Non-Federal Sponsor shall determine whether to
initiate initial construction or any iteration of periodic nourishment of the Project, or, if
already in initial construction or an iteration of periodic nourishment, whether to continue
with work on the Project, suspend future performance under this Agreement, or terminate
this Agreement for the convenience of the Government, in any case where hazardous
substances regulated under CERCLA are found to exist in, on, or under any lands,
easements, or 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. Should the Government and the Non-Federal
Sponsor determine to initiate or continue with initial construction or any iteration of
periodic nourishment after considering any liability that may arise under CERCLA, the
Non-Federal Sponsor shall be responsible, as between the Government and the Non-
Federal Sponsor, for the costs of clean-up and response, to include the costs of any studies
and investigations necessary to determine an appropriate response to the contamination.
Such costs shall not be considered a part of total project costs. In the event the Non-
Federal Sponsor fails to provide any funds necessary to pay for clean-up and response
costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under this
paragraph upon direction by the Government, the Government may, in its sole discretion,
either terminate this Agreement for the convenience of the Government, 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 decision
made pursuant to paragraph C. of this Article shall not relieve any third party from any
liability that may arise under CERCLA.
E. As between the Government and the Non-Federal Sponsor, the Non-Federal
Sponsor shall be considered the operator of the Project for purposes of CERCLA liability.
To the maximum extent practicable, the Non-Federal Sponsor shall operate, maintain,
repair, replace, and rehabilitate the Project in a manner that will not cause liability to arise
under CERCLA.
27
ARTICLE XVI - NOTICES
A. Any notice, request, demand, or other communication required or permitted to
be given under this Agreement shall be deemed to have been duly given if in writing and
either delivered personally or by telegram or mailed by first-class, registered, or certified
mail, as follows:
If to the Non-Federal Sponsor:
City Manager
City Hall Building
Municipal Center
Virginia Beach, Virginia
23456
If to the Government:
District Engineer
U. S. Army Engineer District, Norfolk
803 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 the manner provided in this Article.
C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at the earlier of such time
as it is actually received or seven calendar days after it is mailed.
ARTICLE XVII - CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing party.
ARTICLE XVIII - HISTORIC PRESERVATION
A. The costs of identification, survey and evaluation of historic properties shall be
included in total project costs and cost shared in accordance with the provisions of this
Agreement.
28
B. As specified in Section 7(a) of Public Law 93-291 (16 U.S.C. Section
469c(a)), the costs of mitigation and data recovery activities associated with historic
preservation shall be borne entirely by the Government and shall not be included in total
project costs, up to the statutory limit of one percent of the total amount authorized to be
appropriated for the Project.
C. The Government shall not incur costs for. mitigation and data recovery that
exceed the statutory one percent limit specified 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 208(3) of Public Law 96-515 (16 U.S.C. Section 469c-2(3)).
Any costs of mitigation and data recovery that exceed the one percent limit shall be
included in total project costs and cost shared in accordance with the provisions of this
Agreement.
ARTICLE XIX - SECTION 902 PROJECT COST LIMITS
The Non-Federal Sponsor has reviewed the provisions set forth in Section 902 of
Public Law 99-662, as amended, and understands that Section 902 establishes a maximum
for the total cost of initial construction and for the total cost of periodic nourishment of
the Beach Erosion Control and Hurricane Protection Project at Sandbridge Beach in
Virginia Beach, Virginia. Notwithstanding any other provision of this Agreement, the
Government shall not make a new Project financial obligation, make a Project
expenditure, or afford credit toward total project costs for the value of any contribution
provided by the Non-Federal Sponsor, if such obligation, expenditure, or credit would
result in total project costs exceeding this maximum amount, unless otherwise authorized
by law. On the effective date of this Agreement, this maximum amount is estimated to be
$13,389,000.00 for initial construction and $423,434,000.00 for periodic nourishment, as
calculated in accordance with ER 1105-2-100 using October 1, 2001 price levels and
allowances for projected future inflation. The Government shall adjust this maximum
amount in accordance with Section 902.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
which shall become effective upon the date it is signed by the Principal Deputy Assistant
Secretary of the Army (Civil Works).
DEPARTMENT OF THE ARMY
CITY OF VIRGINIA BEACH, VA
BY: BY:
Dominic Izzo
Principal Deputy Assistant Secretary
James K. Spore
City Manager
29
of the Army (Civil Works)
City of Virginia Beach
DATE:
DATE:
3O
CERTIFICATE OF AUTHORITY
I, Leslie L. Lilley, do hereby certify that I am the principal legal officer for the City
of Virginia Beach, Virginia, that the City of Virginia Beach, Virginia is a legally
constituted public body with full authority and legal capability to perform the terms of the
Agreement between the Department of the Army and the City of Virginia Beach, Virginia,
in connection with the Beach Erosion Control and Hurricane Protection Project at
Sandbridge Beach in Virginia Beach, Virginia, and to pay damages in accordance with the
terms of this Agreement, if necessary, in the event of the failure to perform, as required by
Section 221 of Public Law 91-611 (42 U.S.C. Section 1962d-Sb), and that the persons
who have executed this agreement on behalf of the City of Virginia Beach, Virginia, have
acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of ,2002.
Leslie L. Lilley
City Attorney
31
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Keport Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included
in the award documents for all subawards at ~11 tiers (including subcontracts, subgrants,
and contracts under grants, loans, and coopePative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
James K. Spore
City Manager
DATE:
32
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: An Ordinance Authorizing the Elimination of Parking Fees Imposed Under the Camp
Pendleton Beach Agreement
MEETING DATE: August 6, 2002
Background:
Each year, during the summer season, the City of Virginia Beach leases a portion of Camp Pendleton
property including beaches and parking lots. The Camp Pendleton Beach Agreement of 2002
authorizes fees of up to $5.00 for automobiles and $10.00 for busses for the convenience of parking
in the Camp Pendleton parking lots leased for the summer by the City of Virginia Beach. Currently,
charges are assessed at $3.00 per day for non-Virginia Beach residents and $1.00 per day for Virginia
Beach residents.
This Ordinance will eliminate the parking fees in the Camp Pendleton parking lots to promote
greater usage of these areas while under lease to the City.
Considerations:
Adopting this ordinance will enable the City to eliminate the parking fees currently charged for
parking in the Camp Pendleton parking lots, thereby promoting a greater usage of available parking
area.
Recommendations:
Adoption of ordinance
Public Information:
This ordinance will be advertised in the same manner other Council agenda items are advertised.
Attachments:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: C,2Iy Manager's Office
.4)ata~TY~Ordin\NONCODE\Camp Pendleton Parking Fees. arf. wpd
1
2
3
4
AN ORDINANCE DIRECTING THE
ELIMINATION OF PARKING FEES IMPOSED
.UNDER THE CAMP PENDLETON BEACH
AGREEMENT OF 2002
5
6
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10
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12
13
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WHEREAS, pursuant to and authorized by the Camp Pendleton
Beach Agreement of 2002, the current fees imposed for the
convenience of parking in the Camp Pendleton parking lots leased
for the summer by the City of Virginia Beach include a maximum of
$5.00 for automobiles and $10.00 for busses; and
WHEREAS, the City of Virginia Beach desires to encourage
even greater usage of these parking lots while they are under lease
to the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby directs that any and all fees
imposed for parking in the Camp Pendleton parking lots that are
leased each summer by the City of Virginia Beach be eliminated.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
CA-8538
ORDINkNONCODE\Camp Pendieton Parking Fees.ord
July 31, 2002
R2
APPROVED AS TO CONTENT:
City Managers Office
APPROVED AS TO LEGAL
SUFFICI,ENCY:
City~;~orney s O~fice
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Hazard Mitigation Grant Program
MEETING DATE: August 6, 2002
Background:
As a result of damage sustained from Hurricane Bonnie, the City of Virginia Beach was
awarded funds from the Federal Emergency Management Agency (FEMA) under the
Hazard Mitigation Grant Program (HMGP). These funds were awarded based upon the
costs incurred to communities impacted by Hurricane Bonnie. The funds are meant to
support projects that mitigate the impact of future disasters. The approved projects
address the wind vulnerability of our critical facilities, the need for emergency power
support for certain facilities, and the demand on our sewer pump stations. These projects
were recommended as a result of input of affected departments and are aligned with the
intent of the grant program. These funds were awarded to the City following a statewide
review.
This grant will allow the City to address the vulnerability of selected critical facilities. As
many of the City's facilities are utilized in emergency situations, it is necessary to prepare
these facilities for the potential extremes of high winds. Likewise, the dependency upon
power for certain facilities creates a need for accessible emergency power sources to
support the emergency operations of the City. These projects will enhance the ability of
the City to maintain safer and more reliable operations to serve the public. These projects
also represent an acknowledgment by the City of a community disaster mitigation strategy
and it addresses the Administrative Directive on Critical Facilities.
The City was awarded a total of $1,725,740, of which $1,294,305 is federal funds and
$431,435 is local matching funds. The local match includes an in-kind match of $177,902
and a $253,533 cash match. The funds will be appropriated to three Capital Projects to
better account for the grant:
Project # 3-274, Mitigation Measures of Critical Facilities - FEMA Grant,
Capital Project #1-033 Mitigation Measures of Critical Facilities-Schools (FEMA),
Capital Project # 6-003, Auxiliary Power Program for Sewer Pump Stations -
FEMA Grant.
The Fire Department seeks approval of this grant and recommended allocation of funds
to meet the grant's requirements.
(Continued on next page.)
Recommended Action: Approval
Submitting Department/Agency: Fire Department
Managerc---.../~ ~_ ~ ...
I-:~l~ta~l~TY~On ' DE\Hazard Mitigation Grant.arf.wpd
Considerations:
A coordinating committee of City staff developed proposals for directing grant funds to
projects with critical needs. The committee recommends:
That $703,725 is appropriated to Capital Project Cf 3-274 to address critical facilities,
that $245,250 be appropriated to Capital Project #1-033 Mitigation Measures of
Critical Facilities-Schools (FEMA) to addr&ss needs in school facilities, and that
$345,330 is appropriated to Capital Project # 6-003 Auxiliary Power Program for
Sewer Pump Stations- FEMA Grant.
That the $154,678 cash match is provided through a transfer from the FY 2002-03
Reserve for Contingencies. The remaining cash match of $98,855 already exists
in Capital Project Cf 6-003 Auxiliary Power Program for Sewer Pump Stations -
FEMA Grant. The $177,902 in-kind match exists in the operating budgets of the
various projects.
Public Information:
Public Information will be handled through the normal Council Agenda Process.
Alternatives:
Do not accept the grant and lose federal matching funds. These measures would likely
have to be funded eventually through the City's Capital Improvement Program.
Recommendations:
The City accepts the Hazard Mitigation Grant Program fund totaling $1,725,740 and
provide cash and in-kind matching funds in the amount of $431,435.
Attachments:
Grant Award Letters
Grant Extension Letter
Ordinance
2
1
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3
4
5
6
7
8
AN ORDINANCE TO ACCEPT A $1,725,740 GRANT FROM
THE FEDEP~AL EMERGENCY MANAGEMENT AGENCY,
ESTABLISH TWO CAPITAL PROJECTS, APPROPRIATE
$1,294,305 IN FEDERAL REVENUE, AND TRAiqSFER
$154,678 FROM THE FY 2002-03 RESERVE FOR
CONTINGENCIES TO CAPITAL PROJECTS FOR THE
PURPOSE OF MITIGATING DAMAGE FROM FUTURE
DISASTERS
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WHEREAS, the City has been awarded a $1,725,740 grant
from the Federal Emergency Management Agency ("FEMA"), with FEMA
providing $1,294,305 and the City providing $431,435, of which
$177,902 is in-kind match and $253,533 is a cash match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a $1,725,740 grant from the Federal Emergency
Management Agency, which includes a $177,902 in-kind match and a
$253,533 cash match, is hereby accepted.
2. That Capital Project #3-274, Mitigation Measures of
Critical Facilities-FEMA Grant, and Capital Project #1-033,
Mitigation Measures of Critical Facilities-Schools (FEMA), are
hereby established as capital projects.
3. That $703,725 is hereby appropriated to Capital
Project #3-274, Mitigation Measures of Critical Facilities-FEMA
Grant, $245,250 is hereby appropriated to Capital Project #1-033,
Mitigation Measures of Critical Facilities-Schools (FEMA), and
$345,330 is hereby appropriated to Capital Project #6-003,
Auxiliary Power Program for Sewer Pump Stations-FEMA Grant, for the
purpose of mitigating the impact of future disasters.
4. That the $154,678 necessary for the cash match is
transferred from the FY 2002-03 Reserve for Contingencies, with
$58,940 of this amount transferred to Capital Project #1-033 and
the remaining $95,738 transferred to Capital Project #3-274.
5. That estimated federal revenue in the FY 2002-03
Operating Budget is hereby increased by $1,294,305.
35
36
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
CA-8573
data/noncode/Hazard Mitigation Grant.ord
July 25, 2002
R12
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY
Hazard Mitigation Grant Program
Approved Project Funding Needs and Alternative soft Hard
Total Fe~leral Local Local Local
Project Share Share Soft Hard
(1) Critical Facilities
I
Schools
I Corporate Landing $163,500 $122,625 $40,875 $11,400 $29,470
Larkspur Middle $163,500 $122,625 $40,875 $11,400 $29,470
Judicial
I Judicial Center $94,700 $71,025 $23,675 $23,790 $0
Police
12nd Precinct $237,900 $178,425 $59,475 $46,254 $13,221
! Parks and recreation
Recreation Center $179,700 $134,775 $44,925 $36,868 $8,057
Total $839,300 $629,475 $209,825 $129,712 $80,218
(2) London Brid~le Fire Station
I
Fire
I London Bridge $126,000 $94,500 $31,500 $29,040 $2,460
(3) Emer~lency Hook Up
I Total $300,000 $225,000 $75,000 $3,000 $72,000
(4) Sewer Pump Stations Quick Connect
I
Public Utilities
I Pump Stations $460,440 $345,330 $115,110 $16,150 $98,855
(Total) $1,725,740 $~,294,305 $431,435 $177,902 $253,533
MICHAEL M CLINE
State Coordinalor
GEORGE W. FORESMAi"I
Oeouty Coordinator
COMMONWEALTH of VIR tNtA
Department of Emergency Management
June 28, 2002
10501 TraCe Cour~
R~chmond. Virginia 23236-3773
(804) 897-6500
(TDD) 674-2417
FAX (804) 897-6506
Mr. Mark Marchbank
Project Manager
City of V/rginia Beach Fire DepaLa.ent
Vizginia Beach Municipal Center, Building 21
2408 Courthouse Drwe
Virginia Beach, Virginia 23456
Dear Mr. Marchbantc
Subject:. Approval for Project Work Schedule Extensions
City of Virginia Beach, DR-1242 Hazard Mitigation Grant Projects
The Federal Emergency IvIanagement Agency (FEMA) Region III has reviewed your
request to extend the performance periods for your DR-1242 projects. These extensions will
result tn an extension of the performance period for all project activity under DR-1242.
Currently, the performance period for this disaster is due to expire on December 31, 2002, but
an extension has been granted unt/1 September 30, 2003. The extensions for each individual
project is stated below:
VA 1242-810-010
Emergency Generator Hookups
New Performance Period Ends: March 31, 2003
VA 1242-810-002
Londonbridge Fire Station
New Performance Per/od Ends: June 30, 2003
VA 1242-810-003
Retrofit of Public Buildings
New Performance Period Ends: September 30, 2003
VA 1242-810-007
Transfer Switches
New Performance Period Ends: September 30, 2003
"Working to Protect People. Property and Our Communities"
Mr. Mark Marchbank
June 28, 2002
Page 2
Please recall that quarterly reports are due for all projects within 45 days from the end of
every Federal fiscal quarter.
If you have any questions, please contact Richard Dameron, State Hazard Mitigation
Officer, or Michelle Pope, Hazard Mitigation Project Coordinator, at (804) 897-6500, Extensions
6525 and 6523, respectively. You can also reach them by facsimile at (804) 897-6526.
Sincerely,
Richard O. Dameron
State Hazard Mitigation Officer
ROD/mbp
MICHAEL M. CLINE
State Coordinator
GEORGE W. FORESMAN
Deputy Coordinator
COMMONWEALTH o[ VIRQINIA
Department of Emergency Management
April 5, 2001
10501 Trade Court
Richmond, Virginia 23236-3713
(804) 897-6500
(TDD) 674-2417
FAX (804) 897-6506
Chief Mark Piland
Fire Administration
City of Virginia Beach
2408 Courthouse Drive, Building 21
Virginia Beach, Virginia 23456
RE: Combining Projects VA 1242-810-003 and 004
Dear Chief Piland:
The Federal Emergency Management Agency (FEMA) has approved the
combining of the two Retrofit of Critical Facilities projects ( Cox High School and
Landstown Elementary and Middle Schools/Corporate Landing Elementary and
Larkspur Middle Schools). Please see below for the new project name and the total
combined funds.
Project Name: Retrofit of Public Buildings
$ 630,000 - Federal Project Funds
$ 14,494 - Federal Administrative Funds
$ 644,494 - Total Federal Funds ObLigated for this Project
No changes to the actual buildings within the projects have been made. The request
to change the buildings is currently at FEMA awaiting further infoi,~, ration from you
and your staff. Combining the projects is only the first step.
I have attached a new quarterly report fo~-t and a new reimbursement request form
that reflect the combination of the two projects. Please use these fo,'ms from this point
orr.
"lZgorking to Protect People, Property and Our Communities"
MICHAEL M. CLIHE
State Coorclinatc3r
GEORGE W. FORESMAN
Oeouty Coorclina~cr
COMMONWEALTH of VIR. INIA
Department of £mergency Service~
March31,2000
Chief Mark Piland
FLre Administration
City of Virgirda Beach
2408 Courthouse Drive, Building 21
Virgirda Beach, Virginia 23456
RE: Award of Hazard lvlitigation Grant Project, V'DES I-i-NIGP File # VA-1242-810-053
Dear Chief Piland:
I am pleased to nofffy you that the Federal Emergency Management Agency
(FEMA) has approved the project and obligated funds for the project listed below
through the Hazard Nlitigation Grant Program (HMGP).
Project Name: Retrofit of Critical Facilities - Corportate Landing Elementary and
Larkspur Middle Schools
$ 288,750 - Federal Project Funds
$_ 6,664 - Federal Administrative Funds
$ 295,414 - T_otal Federal Funds Obligated for this Project
The funds indicated are the maximum possible funds to be distributed to the City.
Tobal allowable project costs are $ 385,000. Reimbursement of federal project funds is
75 % of total eli~ble project costs (construction, demolition, rest~bili~tion, etc.). The
federal administrative funds are in addition to the federal project funds to assist you in
administering the grant. Ail other costs are the responsibility of the City.
In accordance with the requirements for the Hazard Mitigation Grant Program,
the following conditions apply to the project: '
· The City must satisfy the project approval conditions outlined in the enclosed
Categorical Exclusion issued by FEMA.
MICHAEL M. CLINE
State Coordinator
GEORGE W. FORESMAN
Deputy Coordinator
COMMONWEALTH of VIRGINIA
Department of Emergency Services
March31,2000
10501 Trade Court
Richmond. Virginia 23236-3713
(804) 897-6500
0DD)674-2417
FAX (804) 897-65O6
Chief Mark Piland
Fire Administration
City of Virg/rda Beach
2408 Courthouse Drive, Building 21
Virginia Beach, Virginia 23456
RE: Award of Hazard Mitigation Grant Project, VDES HMGP File tt VA-1242-810-052
Dear Chief Piland:
I am pleased to notify you that the Federal Emergency Management Agency
(FEMA) has approved the project and obligated funds for the project listed below
through the Hazard Mitigation Grant Program (HMGP).
Project Name: Retrofit of Critical Facilities - Cox High School and Landstown
Elementary & Middle School
$ 341,250
.$- 7,83_0
$ 349,080
- Federal Project Funds
- Federal Administrative Funds
- Total Federal Funds Obligated for this Project
The funds indicated are the maximum possible ftmds to be distributed to the City,--.
TotaI allowable project costs are $ 455,000. Reimbursement of federal project funds is
75 % of totaI eligible project costs (construction, demolition, restabiliTation, etc.). The
fe.deral administrative funds are in addition to the federal project funds to aSSist you in
admi.,xistering the grant. All other costs are the responsibility of the City.
t. a ord ce with the th 'H d gatio Ct,mt Program,
the following conditions apply to the projec'c
· The city must satisfy the project app;ovM conditions outlined in the enclosed
Categorical Exclusion issued by FEMA.
COMMONWEALTH of VIRGINIA
Department of Emergen~ Services
Mazch31,2000
10E01 TraCe Cou~
Ric."tmcncl, Vir~nia ;'"'2~6-3713
(SC..t) 897--55:0
~D) 674-2417
FAX (8~4) 8gT~E¢6
NLr. Phil Pullen
Public YVorks Engineering
City of Virginia Beach
2405 Courthouse Drive
Virginia Beach, Virginia 23456
RE: Award of Hazard Mitigation Grant Project, VDES HMGP File # VA-1242-810-051
Dear Mr. PuLlen:
I am pleased to notify you that the Federal Emergency Management Agency
('FEMA) has approved the project and obligated funds for the project listed below
through the Hazard Mitigation Grant Program (I-h-MGP).
Project Name: Retrofit of Critical Facilities - London Bridge Fire Station # 3
$ 94,500 - Federal Project Fnnd~
$ 2,166 - Federal Administrative Funds
$ 96,666 - Total Federal F~nds Obligated for ~ Project
The funds indicated are the maximum possible funds to be distributed to the City.
Total allowable project costs are $126,000. Reimbursement of federal project funds '~
75 % of total eHg'ible project costs (acquisition, construction, demolition, restabili~ation,
etc.). The federal administrative funds are in addition to the federal project f-muds to
assist you in administering the grant. All other costs are the responsibility, of the City.
In accordance with the requirements for the Hazard NLitigation Grant Program, ·
the following conditions apply to the project:
The City must satisfy the project approval conditions outlined in the enclosed'
Categorical Exclusion issued by FEMA.
-f
Q~ORG,~ W.
Deputy Coardln~c~r
COMMONWEALTH of VtRG. INIA
Department o/Emergency Services
10.~01 T~-4~.
~Ax (aa41 a~'
Mr. Charles K. Davis, P. E.
General Services Depa~t~sent, Building lVlaintarm~ce Division
City of Virg/nia Beach
Munidpal Center, Building # 9
Virginia Beach, Virg/nia 2.3456
RE: Award of Hazard Mitigation Grant Project, VDI:_q HMGP File # VA-1242-810-059
Dear Mr. Davis:
I am pleased to notify you that the Federal Emergency Management Agency
(FEMA) has approved the project ~nd obligsi~d/unds for the project listed below
through the Hazard Mitigation Grant la¥ogrmn (HIVIGP).
Project Name: Emergency Generatm' Hookups -Strategic Municipal Buildings
$ 225,000
$ 7,000
$ 232,000
- Federal Projectl:und,$
- Federal Admi.n~l~iive Funds
- Total Fed~'~l Punds Obligated for this Project
The funds indicated are the maximum posslMe/unds to be distributed to the City.
Total allowable project costs are S 300,000. Reim~ent of federal project funds is
75 % of total eli~ble project cos~ (acquisition, construction, demolition, restabilization,
etc.). The federal administrative funds are in addition to the federal project funds to
assist you in adm/nistering the gr~nL All other ~ are the responsibility of the City.
In accordance with the requirements fro' the Hazard Mitigation Grant Program,
the following conditions apply to the p. raject:
The City must satisfy hhe projec~ approval conditions outlined in the enclosed
Categorical Exclusion issued by FI/MA.
COMMONWEALTH o[ VIR6jlNIA
Depart~nent of Emergency Management
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'September 1, 2000
Mz. Phil Hubbard, P. £.
City of Virginia Beach
Department of Public UHIilies
Municipal Center
Virginia Beach, Virg/n/a 23456
RE: Award of Hazard Mitigation Grant Project:, HMGP Proiect # 12,12810-856
Deaz Mr. I Iabbard: i
I am plea~ed ~o notify ¥~ ~at the Federal Emergency Mamgemem A§emy
~h~) ha, ap~,oved the pw~ect obt~a~d ~ for flae p~o~e~: l~ed below
the H~d Mitigation G~anl: Pros~m (HMGP).
Project Name: City of Vtr~ Beach... Installation...... of Automatic Tzaz~cr Switches
345,330 - Federal Pwject F~nds
4t60~ Federal Adm/nistrative Costs
$ ,349,c)f~4 - Tnfal l~pdm-al ~nrl~ Ohligatpd for this Project
I
d/stn, bu.A~ ~ou are aware, ~]e fund~iadicated are ~e m~m pos~ ~ ~ be ' '
~ ~ ~ ~. To~ ~b~ p~t ~ am ~,~. Re~b~~t of
~d~l pr~ee ~ ~ ~e C~ ~ ~od ~ ~ ~b~ proj~ co~ (~la~ of
~an~ ~h~, q~ ~~c?=p~, e~.). ~ o~ ~ are ~e z~~ of
I
~ a~~e ~ ~e ~~ [o~ ~ ~d ~a~ G~ ~o~ ~e -
· The City must satidy flu
'Workin~ to ID'or
project approval conditiom ou~ in the. enclosed
aed by FEMA.
'~t People, Property and Out' Co.=nunitiea"
· All contract/procurem[emt transactions must be carried out in a manner
consistent with fina_nci~, ! administrative requirements of Title 44 Code of iede~aI
R~lat~orts (CFR). Part 13.
· Provide the StaLe with a work schedule, iru:luding the milestones in the HMGP
application, within 30 d ~ys of receipt of this letter.
. Prior to clo_~in[ on ae_~,ilsiti_m~__s~ acer '~t~ied appraisal for each properS_ i.s
·
· Subgrantees are requite? to submit progr~'ss _reports to_ the Deparmte~_ t of
q,,~rt~rly report will be ]due by Oc_to_ber 15. ~n00. See the a trachea Notmcauon m
Sub~artteef tor the an~u~ al schedule {or progres.s reports.
. Payments to Subgrante~s are made on a reimbursement basi~. Reimbursements
are for co~s to clale or e~cpenditxu'es to be ir~airred within five (5)
ot funds. Payment will ~.~. made by electronic ~rans{er from the Department o
· The attached NoBR,'ati~n of Sub~:rantee$ provides ~tidance re~ardlng HMGP
regulations' on t~me extensions, t~spec ~ms, audits, reporting procedures, the
app--! pzocess, cost ov~uns, etc. Award documents enclosed with this letter
· Notification Sabg~an~es
Su'bgrantee r,~ar~mrly Report Form
Request for ~imbu~eme~t of Funds
Plco.~c rcud all docunumts ~ 0~cfxdly prior to initiating you~ pxoject. Copics o~ the
parts'of Title 44 CFR that govern this prolcon will be provided to you upon ~-quest. My
stati' and I will be glad to assist yo,u m y way po~_~'hie in complying with the
requirements o~ this prot;ram.
Again, con~a~,l-~tioz~s on ~pproval of this project. It you have a_ny que~lions
regarding this award or the imp '.le~tation of your pro, eot. please contact Mary Camp.
Hazard Mitigation Program Manager, at 804-897.6~00 ext. 6525.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
DUI/Drug Treatment Court Program Grant
MEETING DATE: August 6, 2002
Background: By enacting the 1994 Crime Act, Congress allowed creation of Drug Courts
with the purpose of rehabilitating offenders by providing critical treatment, intensive
supervision, and holding them accountable for their actions. In November 1997, the
Virginia Beach General District Court initiated a two-year DUI/Drug Treatment Court pilot
program to explore the potential of becoming a resource program. The program was
funded by Department of Criminal Justice Services in July 2000 and was designated as a
"Mentor Court" by the National Drug Court Programs Office. A mentor court provides
assistance and training to other jurisdictions throughout the United States which are
interested in developing similar drug treatment court programs.
Considerations: An application for drug treatment court funding was submitted and
approved by the Virginia Department of Criminal Justices Services in the amount
of $181,325. This grant will provide vital resources for program continuation for the
next year. The grant requires a local in-kind match of $10,300 which has already
been provided in the FY 2002-03 operating budget.
Public Information: The Virginia Beach Department's Crime Statistics report reveals
there were 2,450 DUI arrests for the year 2000. This program will continue to serve as a
vital linkage within the community's resources to focus on the DUI Offenders and their
community risk factors.
Recommendations: It is recommended that this grant be accepted in an effort to
continue to provide this service for the community.
Attachments: Copies of program pamphlets are attached for review.
Recommended Action: Accept and appropriate the Drug Court Program grant
Submitting Department/Agency: Sheriffs Office
City Manager: ~/~ ~/,..., ~ ~
~.~::~Data~A TY~OrdinlNONCODE~drugcourtarf. wpd
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AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $181,325 GRANT FROM
THE VIRGINIA DEPARTMENT OF CRIMINAL
JUSTICE SERVICES TO FUND THE
'DUI/DRUG TREATMENT COURT PROGRAM FOR
FY 2002-03
7 WHEREAS, the City of Virginia Beach Sheriff's Office has
8 been awarded a $181,325 grant from Virginia Department of Criminal
9 Justice Services that will allow for the continuation of the
10 DUI/Drug Treatment Court Program; and
11 WHEREAS, the grant requires a $10,300 local in-kind match
12 which has already been provided in the FY 2002-03 Operating Budget.
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 1. That a $181,325 grant from the Virginia Department
16 of Criminal Justice Services is hereby accepted and appropriated to
17 the FY 2002-03 Operating Budget of the Sheriff's Office to fund
18 continuation of the DUI/Drug Treatment Court Program.
19 2. That estimated revenue from the Commonwealth is
20 increased by $181,325 in the FY 2002-03 Operating Budget.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the day of , 2002.
CA8561
ordin/noncode/drugcourtord, wpd
R-1
July 19, 2002
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Department of ' J
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Acceptance and Appropriation of additional $80,000 from Virginia
Department of Criminal Justice Services for the addition of two Community
Corrections Caseworker I positions
MEETING DATE: August 6, 2002
Background:
The City has been awarded a Comprehensive Community Corrections Act grant in the amount
of $839,023 from the Virginia Department of Criminal Justice Services. The grant supports
the Community Corrections program in Virginia Beach ($539,808), plus the Pre-Trial Services
program ($196,222) and the Public Inebriate Center/Detox program(S102,993). The amount
awarded is $80,000 more than the $759,023 which was requested and included in the
FY20002-2003 budget ordinance. There is no match of City funds required.
The Community Corrections program provides supervision for approximately 3,000 adult
offenders who would otherwise have been assigned to serve sentences at the Virginia Beach
Correctional Center. The program is an intermediate sanction between the courts and the jail,
providing probationary type supervision over referrals for drug/alcohol intervention and
counseling, community service, and collection of victim restitution, court fines, and court costs.
There has been a steady increase in the number of cases being referred by the courts
because of growth in the number of actual crimes and convictions. The Department of
Criminal Justice Services has established a standard of 50 active cases per case manager;
the average caseload per case ,manager in Virginia Beach has continued to rise to over 430.
Considerations:.
The Statement of Grant Award Special Conditions dictates that the extra funding is provided
for two new local probation (Community Corrections Caseworker I) positions. The funding is
to cover personnel costs as well as equipment, supplies, and training costs. These positions
are to relieve high caseloads. The duties and responsibilities of these caseworkers will be to
provide probation supervision to offenders and they will be required to carry full caseloads
accordingly.
Public Information:
Public Information will be handled through the normal Council agenda process.
Alternatives:
Acceptance of the Grant Award is predicated on accepting the special conditions of the grant
award, which includes additional funding for additional personnel. The alternative is to decline
to accept the grant, which would jeopardize the future of the three programs that depend on
this funding.
Recommendations:,
Accept and appropriate the additional $80,000 and add two new Community Correction
Caseworker I positions to the operating budget of Community Corrections, as follows:
$59,100 to salaries and fringes for 2.0 FTE's, beginning no earlier than 10/1/02; and
$20,900 to equipment, supplies, and training
Attachments:
Statement of Grant Award and Statement of Grant Award Special Conditions
Ordinance
Recommended Action: Approval of Ordinance'
Submitting Department/Agency: Community Corrections
City Manager:~/Vv~.b ~(... ~~
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AN ORDINANCE TO ACCEPT AND
APPROPRIATE $80,000 FROM THE
VIRGINIA DEPARTMENT OF CRIMINAL
JUSTICE SERVICES AND ADD 2.0 FTE
POSITIONS TO THE FY 2002-03
'OPERATING BUDGET OF THE COMMUNITY
CORRECTIONS PROGRAM
WHEREAS, the Virginia Department of Criminal Justice
Services has authorized an additional $80,000 in grant monies to
Virginia Beach through the Comprehensive Community Correction Act
Grant Program for the specific purpose of adding two new probation
positions, and a local match is not required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $80,000 is hereby accepted from the Virginia
Department of Criminal Justice Services and appropriated to the FY
2002-03 Operating Budget of the Virginia Beach Community
Corrections Program, with estimated revenue increased accordingly.
2. That the number of Community Corrections Caseworker
positions in the Community Corrections FY 2002-03 Operating Budget
is hereby increased by 2.0 full time positions.
3. That if funding for the positions authorized by this
ordinance is discontinued by the Commonwealth, these positions will
be eliminated.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
CA-8559
ordin/noncode/community corrections grant.ord
July 23, 2002
RI
APPROVED AS TO CONTENT:
Management Se
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney'~Offi~
Leonard G, Cooke
Director
COMMONWEALTH o[ VIRGINIA
Mr. James K. Spore
City Manager
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Title: Community Corrections
Department of Criminal dustice Services
June 28, 2002 ,rr:z. ......
i ..,
805 East Broacl Street. Tenth Floor
Richmond, Virginia 23219
(804) 786-4000
FAX (804) 371-8981
· T DD5~.04 ) 386-8732
i; ' · !
,J
Dear Mr. Spore:
[ am pleased to advise you that grant number 03-G6355CC03 for the above-referenced grant program has
been approved in the amount of $839,023 in General Funds.
Enclosed you will find a Statement of Grant Award and a Statement of Grant Award Special Conditions.
To indicate your acceptance of the award and conditions, please sign the award acceptance and return it to
Jan ice Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS). Please review the
conditions carefully; as some require action on your part before we will disburse grant funds.
When we receive documentation showing that you have complied with the conditions, you will be eligible
to request funds awarded under this .grant. A REQUEST FOR FUNDS form is also included with this letter
and should be used for this purpose. You may request funds at the same time you submit the documentation bf
compliance with the grant conditions or at any time thereafter. However, we cannot process your request until
we have received and approved all required information.
We appreciate your interest in this grant program and will be happy to assist you in any way we can to
assure your project's success. If you have any questions, please call Paula Harpster at (804) 786-I 140.
Yours very truly,
Leonard G. Cooke
Enclosures
CCi
Ms. Bessie L. Bell, Coordinator
Ms. Patricia A. Phillips, Finance Director
Ms. Paula Harpster, DCJS
Criminal Justice Service Board - Commitlee on Training · Juvenile Jusbce and Delinquency Prevention Advisory Commfflee
Advisory Committee to Court Appointed Sl0ec~al Advocate and Children's Justice Act Programs
PrWate Security Services Advisory Board - Criminal Justice Intormatlon Systems Committee
Department of Criminal Justice Services
805 East Broad Street. 10th Floor. Richmond, VA 23219
Statement of Grant Award/Acceptance
Subgrantee- Date: June 28, 2002
Va Beach City Grant Number-
Grant Period-- 03-G6355CC03
From: 7/1/2002 Through: 6/30/2003
Finance Officer
Project Director
Ms. Bessie L. Bell
Coordinator
Community Corrections
2425 Nimmo Parkway
Virginia Beach, Virginia 23456
Phone No: (757) 427-4689
Fax No: (757) 563-1033
Email Address: bbeil~vbgov.com
Project Administrator
Mr. James K. Spore
City Manager
City &Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Phone No: (757) 4274242
Fax No: (757) 4274135
Email Address: jspore~vbgov.com
Ms. Patricia A. Phillips
Finance Director
City &Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Phone No: (757) 4274681
Fax No: (757) 4274302
Email Address: pphillip~vbgov.com
GRANT AWARD BUDGET
DCJS Funds
Budget Categories Federal General Sub~rantee Match TOTALS
A. Personnel $ 0 $754,818 $ 0 $754,818
B. Consultants $ 0 $7,440 $ 0 $7,440
C. Travel $ 0 $1,847 $ 0 $1,847
D. Equipment $ 0 $20,960 $ 0 $20,960
E Supplies & Other
Expenses $ 0 $53,958 $ 0 $53,958'
TOTALS $ 0 $839,023 $ 0 $839,023
This grant is subject to all rules, regulations, and criteria included in th.e grant application and the
special conditions attached thereto, r,~.-o.~'w,,.~ Co. ~~'- "'~/-
Leonard G. Cooke, Director
The undersigned, having received the Statement of Grant Award/Acceptance and the Conditions attached thereto, does
hereby accept this grant and agree to the conditions pertaining thereto, this __day of ,20
Signature:
Title: Mr. James K. Spore, City Manager
STATEMENT OF GRANT AWARD SPECIAL CONDITIONS
Department of Criminal Justice Services
805 East Broad Street
Richmond, Virginia 23219
For the Comprehensive Community Corrections Act Grant Program
Grant Number: 03-G6555CC05
Subgrantee: Va Beach City
Title: Community Corrections
Date: June 28, 2002
The following conditions are attached to and made a part of this grant award:
I. By signing the Statement of Grant Award/Acceptance, the grant recipient agrees:
to use the grant funds to carry out the activities described in the grant application, as modified by the terms and
conditions attached to this award or by subsequent amendments approved by DCJS;
to adhere to the approved budget contained in this award and amendments made to it in accord with these terms and
conditions;
and to comply with all terms, conditions and assurances either attached to this award or submitted with the grant
application;
2. The grantee agrees to submit such reports as requested by DCJS on forms provided by DCJS.
Grant funds, including state and local match, may be expended and/or obligated during the grant period. All legal
obligations must be liquidated no later than 90 days after the end of the grant period. The grant recipient agrees to supply
a final grant financial report and return all received and unexpended grant funds (exclusive of local match) to DCJS withi~
90 days after the end of the grant liquidation period.
The subgrantee agrees to submit such repons as requested by DCJS on forms provided by DCJS. Funds from this grant
will not be disbursed, if any of the required Financial or Progress reports are overdue by more than 30 days unless you can
show good cause for missing the reporting deadline.
By accepting this grant, the recipient assures that funds made available through it will not be used to replace state or local
funds that would, in the absence of this grant, be made available for the same purposes.
Subgrantee may follow their own established travel rates if they have an established travel policy. Ifa subgrantee does not
have an established policy, then they must adhere to state travel policy. The state allows reimbursement for actual
reasonable expenses. The state allows 0.325 per mile for mileage. Trausportation costs for air and rail must be at coach
rates.
Within 60 days of the staring date of the grant, the grantee must initiate the project funded. If not, the subgrantee must
report to the DCJS, by letter, the steps taken to initiate the project, the reasons for the delay, and the expected starting date.
If the project is not operational within 90 days of the start date, the grantee must obtain approval in writing from the DCJS
for a new implementation date or the I)CJS may cancel and terminate the project and redistribute the funds.
The grantee assures that programs established, operated, and/or contracted with under the authority of the Comprehensive
Community Corrections Act for Local-Responsible Offenders and the Pretrial Services Act will comply with all standards,
regulations, and guidelines put forth by DCJS and any others that may be applicable. This includes but is not limited to,
those stated in the "Minimum Standards for Local Community Corrections and Pretrial Services."
No amendment to the approved budget may be made without the prior written approval of DCJS. No more than
two (2) budget amendments will be permitted during the grant period. Budget amendments must be requested
using the enclosed Budget Amendment Request form accompanied with a narrative. No budget amendments will
be allowed after April 30, 2003.
Statement of Grant Award Special Conditions (Continued)
Grant No: 03-G6355CC03
10.
II.
12.
13.
14.
The grantee agrees to forward a copy to the DCJS of the scheduled audit of this grant award.
All purchases for goods and services must comply with the Virginia Public Procurement Act. Procurement transactions,
whether negotiated or advertised and without regard to dollar value, shall be conducted in a manner so as to provide
maximum open and free competition. An exemption to this regulation requires the prior approval of the DCJS and is only
given in unusual circumstan.ces. Any request for exemption must be submitted in writing to the DCJS. Permission to
make sole source procurements must be obtained from DCJS in advance.
Acceptance of this grant award by the local government applicant constitutes its agreement that it assumes full
responsibility for the management of all aspects of the grant and the activities funded by the grant, including assuring
proper fiscal management of and accounting for grant funds; assuring that personnel paid with grant funds are hired,
supervised and evaluated in accord with the local government's established employment and personnel policies; and
assuring that all terms, conditions and assurances--those submitted with the grant application, and those issued with this
award--are complied with.
Any delegation of responsibility for carrying out grant-funded activities to an office or department not a part of the local
government must be pursuant to a written memorandum of understanding by which the implementing office or department
agrees to comply with all applicable grant terms, conditions and assurances. Any such delegation notwithstanding, the
applicant acknowledges by its acceptance of the award its ultimate responsibility for compliance with all terms, conditions
and assurances of the grant award.
PROJECT INCOME: Any funds generated as a direct result of DCJS grant funded projects are deemed project income.
Project income must be reported on forms provided by DCJS. The following are examples of project income: Service
fees; Client fees; Usage or Rental fees; sales of materials; income received from sale of seized and forfeited assets (cash,
personal or real property included).
Each participating locality must be represented by a Community Criminal Justice Board (CCJB) to serve as an advisory
body to the local governing body on matters pertaining to local criminal justice issues. The composition of the CCJB is
specified in 53.1-183 of the Code of Virginia. Report any changes in membership to the Correctional Services Unit of the
Department.
15. Local funds supplementing salaries or any other area should be shown in the match column.
16. Employees, full or part-time, under CCCA and PSA programs shall not serve in any paid consultant capacity for the
program by which they are employed.
17. All changes within budget categories of the Consultant's line are subject to the same DCJS approval process that applies to
the overall grant.
18. The grantee understands that it is the responsibility of the Project Administrator to oversee the management of the grant
award.
19. The grantee understands that the continuation and/or level of funding will be based on the availability of funds, the
performance of the project in meeting its goals and objectives, and the recipient's compliance with the grant requirements
and conditions.
20. The grantee will submit grant financial and progress reports required by DCJS. These shall be submitted to DCJS on the
12~ working day following the close of each quarter. Reports are required even if no expenditures have occurred.
21. The grantee will submit monthly data reports required by DCJS. These shall be submitted to DCJS by the '12t~ working
day of the following month.
22. The grantee will comply with the automated data collection and case management system installation and use as directed
by DCJS.
Statement of Grant Award Special Conditions (Continued)
Grant No: 03-G6355CC03
23. The grantee assures that fund accounting, auditing, monitoring, and such evaluation procedures as may be necessary to
keep such records as DCJS shall prescribe shall be provided to assure fiscal control, proper management, and efficient
disbursement of funds received under this grant.
24. Prior to DCJS disbursing funds, the Grantee must comply with the following special conditions:
a)
Program must monitor Program Targets for the first quarter. With the exception of ALOS, if program
performance is NOT within +/-10% of the projected program targets, REVISE and RESUBMIT new
program targets that reflect actual program performance no later than October 30, 2002. If performance is
within +/- 10% of the targets, submit a letter by October 30,2002 that indicates program targets do not need
to be revised.
b)
Revise and resubmit budget narrative that matches totals in budget itemization forms for community
corrections.
c)
Revise and resubmit target forms for FY03 and FY04 with the following changes: a. Reduce ALOS for
misdemeanants to less than 60 days in pretrial.
d)
Submit a detailed organizational chart with position descriptions for each jail funded and grant funded
position that supports the pretrial services program.
e)
in the PIC program, increase total diversions to 45% of the total Public Inebriate activity.
An additional $80,000 has been included for two (2) new local probation positions. These postitions are to
relieve high caseloads. The positions' duties and responsibilities are to provide probation supervision to
offenders and are required to carry full caseloads accordingly.. The funding is to cover personnel cost as
well as equipment, supplies, and training costs. Revise and resubmit CCCA budget.
g)
The additional funds awarded for this project may not be used to replace local funds contributing to this
project.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
U.S. Environmental Protection Agency Security Grant
MEETING DATE: August 6, 2002
Background: In May 2002, Federal law was adopted (HB3448) requiring large public water
systems to conduct security vulnerability assessments by the end of December 2002.
Congress appropriated funds to assist localities in conducting the security assessments. Public
Utilities applied for a grant and was successful in being awarded $115,000. This grant does
not require local matching funds. The objective of this grant is to conduct a water system
vulnerability assessment against a terrorist attack or other intentional act intended to
substantially disrupt the ability of the system to provide a safe and reliable supply of drinking
water.
Considerations: The City will need to accept this grant in order to take advantage of the
EPA grant funding. The City must certify completion of the vulnerability assessment to the U.S.
Environmental Protection Agency (EPA) and submit a written report to the EPA by December
31, 2002. The assessment must include, but not be limited to, a review of pipes, physical
barriers, water collection, treatment, storage, distribution facilities, electronic and computer
systems that are used in the delivery of drinking water.
Public Information: Public information will be handled through the normal City Council
agenda process. A public hearing is not required.
Alternatives: Should the City of Virginia Beach choose to not accept the grant, the cost of
the vulnerability assessment will be funded by the Water and Sewer Enterprise Fund.
Recommendations: Accept and appropriate the $115,000 Environmental Protection Act
Security Grant - CIP-5001.
Attachments: Grant Agreement
Recommended Action: Accept and appropriate the $115,000 grant into CIP-5001
Submitting Department/Age. ncy: Public Utilities
City Manager: ~[~_,~)/.,~ .
F:~Da~f~Ordin~NONCODE~water supply grant.arf.wpd
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AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $115,000 GRANT FROM
THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY TO CAPITAL PROJECT
'#5-001, COMPREHENSIVE EMERGENCY
RESPONSE AND PLANNING-PHASE I, TO
SAFEGUARD THE CITY'S WATER SUPPLY
AGAINST TERRORIST ATTACK
WHEREAS, the City of Virginia Beach Department of Public
11 Utilities has been awarded a $115,000 grant from the United States
12 Environmental Protection Agency to conduct a water system
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vulnerability assessment against a terrorist or other intentional
act intended to substantially disrupt the ability of the system to
provide a safe and reliable supply of drinking water.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 1. That a $115,000
grant from the United States
19 Environmental Projection Agency is hereby accepted and appropriated
20 to Capital Project %5-001, Comprehensive Emergency Response and
21 Planning-Phase I, to help safeguard the City's water supply.
22 2. That estimated revenue from the federal government
23 is increased by $115,000 in the FY 2002-03 Capital Improvement
24 Program.
25 Adopted by the Council of the City of Virginia Beach,
26 Virginia, on the day of , 2002.
CA-8558
Ordin/Noncode/Water Supply Grant
July 23, 2002
RI
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Law Departm~ent~ · ~
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
An Ordinance to Appropriate $81,849 of Additional Grant Revenue From The
United States Department of Transportation Federal Highway Administration
To CIP #4-001, Norfolk Avenue Multipurpose Trail, For Design and
Construction
MEETING DATE: August 6, 2002
Background: The Norfolk Avenue Trail Project will be constructed along Norfolk Avenue
in an abandoned Norfolk Southern Railroad corridor. The trail is planned as a ten foot wide,
asphalt, shared-use trail that will include safe pedestrian crossings and paved linkages to
all adjacent residential neighborhoods. The entire project and its connections to other
existing or proposed pedestrian and bicycle trails is designed to meet all Americans With
Disabilities Act regulations.
The Norfolk Avenue Trail Project has had an extensive public involvement process. Five
public meetings have been held by the staff from the Department of Parks and Recreation,
Department of Public Works, and Department of Planning on October 13, 1998; October
27, 1998; May 9, 2000; December 6, 2000; and May 1, 2002. These meetings were
advertised by mailings and press releases as well as other notifications. Attendance at the
meetings was recorded, and a summary of all public comments was sent back to all
meeting attendees. All public comments and recommendations were considered in the
final project design plan.
Considerations: The Norfolk Avenue Trail Project was approved in the FY 2002-03
Capital Improvement Program with a federal grant amount of $293,124. The actual federal
grant amount is $374,973, requiring the appropriation of the additional grant amount. This
funding has been made available for this specific project and cannot be redirected to other
projects.
Public Information: Information will be disseminated to the public through the normal
Council agenda process involving the advertisement of City Council agenda.
Recommendations: Approval
Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Parks and Recreation
City Manager: ~ ~,~.., ~)~
~,._~F:\Data~ATY~Ordin\NONCODE\Norf orkarf.wpd
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AN ORDINANCE TO ACCEPT AND APPROPRIATE $81,849
OF ADDITIONAL GRANT REVENUE FROM THE FEDERAL
HIGHWAY ADMINISTRATION TO CIP %4-001, NORFOLK
AVENUE MULTIPURPOSE TRAIL, FOR DESIGN AND
CONSTRUCTION
WHEREAS, an additional $81,849 has been awarded to the
City of Virginia Beach by the Federal Highway Administration for
the design and construction of the Norfolk Avenue Multipurpose
Trail.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That $81,849 is hereby accepted from the Federal Highway
Administration and appropriated to CIP 94-001, Norfolk Avenue
Multipurpose Trail, for design and construction, with estimated
revenue from the federal government increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of , 2002.
CA-8562
ordin/noncode/Norfolkaveord.wpd
R2
July 24, 2002
Approved as to Content
Approved as to Legal Sufficiency:
Department o'~ a~w / ~
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Appropriation Request for Respite Program
MEETING DATE: August 6, 2002
Background:
The MH/MR/SAS Department has been providing an after school respite program for children
with disabilities. Until recently, the program has been located in Princess Anne High School
with space made available by the School Board. Demands for services have increased and
the school system needs the space for educational purposes, so it is necessary to relocate the
program to Investors Square, where the Department currently leases space for an adult day
program (SkillQuest).
In relocating the program to Investors Square (which has been modified to meet the needs of
disabled persons), additional renovations must be done. First, the city code requires a
sprinkler system. Second, some interior walls need to be removed in order to better
accommodate wheel chair access. Third, a water line from the street needs to be brought into
the building. Construction estimates indicate that $69,570 is needed to complete the
renovation.
At the July 25, 2002 Community Services Board Meeting, the issue was discussed. The Board
voted to request that City Council appropriate the $62,000 from the CSB Fund Balance in
order to carry out the renovations. An additional cost of $7,570 is needed to bring the water
line into the building from the street.
Considerations:
The program needs to be relocated to meet the needs of disabled children and their family
members. By moving the program to Investors Square, the Department can pursue state
program licensure, which will permit seeking Medicaid reimbursement to help defray the
program costs. Without the program, families are unable to assure appropriate after school
services for their children and therefore are unable to maintain their employment
commitments.
Public Information:
The issue has been discussed at public meetings including the CSB meeting on July 25, 2002.
Alternatives:
The program cannot remain at Princess Anne High School and must find alternative space,
which would also likely require modification in order to meet code requirements. The only
alternative is not to provide the service.
Recommendations:
Appropriate $69,570 from the CSB fund balance to renovate space for the respite program.
Attachments: Ordinance
Recommended Action: Approval ~¢,.)c'~-. ~
Submitting Depa'rtment/Agen_cv: Terry Jenkins_,~Director: MH/MR/SAS
City Manager: James K. Spo~ k ,~. ~,~
F:~Data~A TY1Or~.~ONCODE~M H-Skillqu~st. arr.. w pd
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AN ORDINANCE TO APPROPRIATE $69,750 FROM FUND
BALANCE IN THE MH/MR/SAS SPECIAL REVENUE FUND
TO THE FY 2002-03 OPERATING BUDGET OF THE
DEPARTMENT OF MENTAL HEALTH, MENTAL
RETARDATION, AND SUBSTANCE ABUSE SERVICES TO
RELOCATE A RESPITE PROGRAM FOR CHILDREN WITH
DISABILITIES
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WHEREAS, a program for children with disabilities that is
being provided by the Virginia Beach Department of Mental Health,
Mental Retardation, and Substance Abuse Services must be relocated
from Princess Anne High School because space is no longer available
at the school; and
WHEREAS, space for the program is available for lease in
the Investors Square commercial property, where the City's
Skillquest program for disabled individuals is already located, but
it requires renovation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That $69,750 is hereby appropriated from fund
balance in the MH/MR/SAS Special Revenue Fund to the Fy 2002-03
operating budget of the Department of Mental Health, Mental
Retardation, and Substance Abuse Services to relocate a respite
program for children with disabilities, with estimated revenue
increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
CA-8574
data/noncode/MH-Skillquest.ord.wpd
July 25, 2002
R3
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL.
SUFFICIENCY:
ty Attorn~ O~ice
J. RESOLUTIONS
Resolution to AUTHORIZE the FY2002-03 performance contract between Virginia Beach
Community Services Board (CSB) and Virginia Mental Health/Mental Retardation/Substance Abuse
Services (MH/MR/SAS).
Resolution to AUTHORIZE Public Works and the Purchasing Agent to obtain State approval re a
Construction Management Contract on the Pavilion Theater replacement project.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: A Resolution Approving the FY 2002-2003 State Performance Contract
Between the Virginia Beach Community Services Board and the Virginia
Department of Mental Health, Mental Retardation and Substance Abuse
Services.
MEETING DATE: August 6, 2002
Background:
The Commonwealth of Virginia provides funds for public mental health, mental
retardation and substance abuse services through a performance contract with local
community services boards. In recent years, extensive state compliance requirements
have been added to the contract that localities must meet to receive state and federal
MH/MR/SA funds appropriated by the General Assembly. The contract requires localities
to identify in detail how funds will be utilized and the number of persons to be served with
state, federal and medicaid funding; it also contains a large number of outcome and patient
information reporting requirements that consume staff time.
Considerations:
The contract provides a large amount of funding ($18,238, 537 in state-controlled
and performance contract funds, including local match). However, the expense of
paperwork and reporting requirements associated with the performance contract remains
a concern.
At its July meeting the Community Services Board recommended the performance
contract for City Council's approval. Since the contract is more than 50 pages (excluding
attachments), a summary is enclosed with the proposed resolution.
Public Information:
Public comment on the contract was solicited for 30 days, pursuant to Code of
Virginia §37.1-198. Copies of the proposed contract were placed in a number of locations
around the City, including CSB offices, the Central Library and the City Clerk's Office.
Alternatives:
Pursuant to Code of Virginia §37.1-198, if City Council does not act to approve the
proposed performance contract by September 15th, it "shall be deemed approved."
Rejecting the performance contract would mean losing millions of dollars in state and
federal funding.
Attachments:
Resolution
Summary of Performance Contract
Recommended Action: Approval
Submitting Department/Agency: Community Services Boar~~R~A~.
City Manage ~ '~ Contract.arf.wpd
~~,T~Ordin~ODE\Peffo finance
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A RESOLUTION APPROVING THE FY 2002-03
PERFORMANCE CONTRACT BETWEEN THE
VIRGINIA BEACH COMMUNITY SERVICES BOARD
AND THE VIRGINIA DEPARTMENT OF MENTAL
HEALTH, MENTAL RETARDATION AND SUBSTANCE
ABUSE SERVICES
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WHEREAS, the Commonwealth of Virginia makes funding
available for mental health, mental retardation and substance
abuse services provided by local community boards;
WHEREAS, pursuant to Code of Virginia ~37.1-198, this
annual funding is governed by a performance contract, entered
into between the Virginia Department of Mental Health, Mental
Retardation and Substance Abuse Services ("DMHRSAS") and local
community services boards;
WHEREAS, in compliance with Code of Virginia ~37.1-198,
a proposed contract between the Virginia Beach Community Services
Board ("CSB") and DMHRSAS has been completed, which will provide
$ 18,238,537 in state-controlled and performance contract funds
to the CSB (including local match);
WHEREAS, public comment on the contract was solicited
for thirty days, and at its July meeting the CSB voted to
recommend the contract for approval by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby approves the FY 2002-2003
performance contract between the Virginia Beach Community Services
Board and the Virginia Department of Mental Health, Mental
Retardation and Substance Abuse Services.
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Adopted by the Council of the City of Virginia Beach,
Virginia on the day of , 2002.
CA-8556
Ordin/Noncode/Performance Contract.res
July 25, 2002
R2
APPROVED AS TO CONTENT:
t~Ser i Board
APPROVED AS TO LEGAL
SUFFICIENCY:
~ity Atto~'ne~s Office
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FY 2003 Community Services Board
Performance Contract Summary
This is a summary of the proposed FY 2003 (July 1,2002 - June 30, 2003)
Virginia Beach Community Services Board's response on the State Department of
Mental Health, Mental Retardation, and Substance Abuse Services Performance
Contract that makes state controlled and performance contracts funds available for
locally provided public mental health, mental retardation, and substance abuse services
to the citizens of Virginia Beach.
Several items should be noted regarding this proposed contract:
While there has been significant reductions in the number of forms
required for the contract and subsequent reports, the performance
contract still places substantial reporting and administrative requirements
on the CSB. The details clearly show the extent of program support
required to meet these state mandates
Funding distribution reflects operational and administrative support costs
The following table summarizes the core services and covered MR Waiver
services, units of service, and proposed funding levels supported by state-controlled
and performance contract funds totaling $18, 238,587 for FY 2003.
FY 2003 Performance Contract Proposal Summary
Proposed # of
Program Service Unit Funding Units of Service Consumers
Mental Health
Emergency Services $906,011 10731 Hours 1,200
Outpatient Serv ices $1,025,930 10,169 Hours 700
Intensive In-Home $110,129 1.842 Hours 20
Proposed # of
Program Service Unit Funding Units of Service Consumers
Case Management Services $1,233,597 21,580 Hours 1,250
Alternative Day Support $74,174 1,450 Hours 18
Rehabilitation $1,149,910 111,918 Hours 300
Transitional/Supported Em ployment $ 81,463 1,362 Hours 55
Supervised Services (Residential 551 ) $ 696,054 15,990 Bed Days 59
Supportive Services (Residential 581 ) $273,528 5,859 Hours 150
Discharge Assistance Project $297,109 Various Units 7
Children with SED Non-CSA Mandated $306,485 Various Units 40
Mental Retardation
Case Management Services $549,960 9,464 Hours 197
Rehabilitation $164,870 6,374 Hours 8
Family Support $166,988 N/A 378
Supportive Services (Residential) $307,779 10,920 Hours 15
Early Intervention $49,342 1,456 Hours 46
Supported Em ployment $552,157 11,284 Hours 117
Supervised Services $35,520 715 Bed Days 2
Highly Intensive Residential $602,810 2,308 Bed Days 8
Waiver & State plan Option Serv ices $6,151,524 Various Units 434
Non-Waiver Consumer Support Serv ices $38,151 1,590 Hours 6
*Billable Units as Defined by Medicaid
Substance Abuse
Outpatient $64,730 1,385 200
Case Management $200,724 3,048 215
Day Treatment/Part. Hosp. $724,818 36,042 219
Highly Intensive (Residential) $393,471 1,095 240
Intensive (Residential) $140,775 2,555 70
Jail-Based Habilitation $236,486 21,535 340
Supervised Services (Residential) $509,800 3,650 15
Facility Admission Diversion Project $111,439 Various Units 50
Prevention $890,490 14,687 N/A
Administration
Administrative Support 2,295,299'I N.A. I N.A.
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James' K. Spore, City Manager
Pavilion Theater Replacement (CIP 3-283)
Construction Management Delivery System
MEETING DATE: August 6, 2002
Background: Virginia Code § 2.2-4308 permits the use of construction management contracts for
construction projects if the public determines that such a contract is more advantageous than using
competitive sealed bidding. Under such an approach, a firm is hired, using competitive negotiations,
to coordinate and administer contracts for construction services. The City Council adopted
procedures for the use of such contracts on November 13, 2001.
The Pavilion Theater Replacement project was approved by City Council in the FY 2002~2003 ClP
budget. The architectural firm of Skidmore, Owings, and Merrill (SOM) has been selected as the
architect for this project. Based on the recommendations of SOM, the recommendations of the
consultant to the Performing Arts Theater Steering committee, and research by City Staff, it is our
recommendation that the Construction Manager delivery method be used to construct the new
performing arts theater.
Considerations: The proposed resolution provides the authority for City staff to present an
application for construction management to the Review Board. Performing arts theaters are highly
sophisticated, technically complex, and very publically oriented structures which will require true
team approach by the City (operators and users), the architect, and the constructor for a successful
conclusion. The construction manager delivery method provides for that level of team work by all
parties. Additionally, the construction managerdelivery method is being used throughout the country
by owners to build such facilities.
Recommendations: Adoption of resolution
Alternatives: Should the City not approve this resolution, construction services for the Pavilion
Theater Replacement would be procured through the traditional sealed bid process.
Attachment:
Resolution
IRecommended Action: Approval ,,/~c~'~. ~
Submitting De~i~.~!~me.nt/~genc_.y: Public Workj,s~~
City Manager: ~~~, ~0Y~/_ ° "'~'
F:\Data~a, TY~(~Jclin\NONCODE\Pav ilionTheater.arf.wpd
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A RESOLUTION AUTHORIZING CITY STAFF
TO BEGIN THE PROCESS OF OBTAINING
'STATE APPROVAL FOR THE USE OF A
CONSTRUCTION MANAGEMENT CONTRACT ON
THE PAVILION THEATER REPLACEMENT
PROJECT
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WHEREAS, the scope and estimated cost of the Pavilion
Theater Replacement Project, CIP # 3-283, indicate that the use of
a construction management contract to purchase construction
services will be more advantageous to the City than a competitive
sealed bid process.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
The Department of Public Works and the Purchasing Agent
are hereby authorized and directed to make a final determination
about the use of a construction management contract for the
Pavilion Theater Replacement Project, CIP # 3-283, and to begin the
process of securing approval from the Commonwealth's Design-
Build/Construction Management Review Board in the manner provided
by Virginia Code ~ 2.2-4308.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2002.
CA-8555
ORDIN \NONCODE~pavi!ionres. wpd
R-4
July 26, 2002
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Department of ~- ! ~
Ko
APPOINTMENTS
CHESAPEAKE BAY PRESERVATION AREA BOARD
DEVELOPMENT AUTHORITY
HAMPTON ROADS PLANN~G DISTRICT COMMISSION
HEALTH SERVICES ADVISORY BOARD
IffU'M~ RIGHTS COMMISSION
PARKS AND RECREATION COMMISSION
PERSON~TEL BOARD
PUBLIC L~RARY BOARD
REVIEW AND ALLOCATION COMMITTEE - COIG
SOCIAL SERVICES BOARD
TIDEWATER TRANSPORTATION DISTRICT COMMISSION - TTDC
TOWING ADVISORY BOARD
VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION
L. UNFINISHED BUSINESS
Mo
NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - June 2002
N. ADJOURNMENT
CIVIL LAWSUITS RESOLVED DURING THE MONTH
OF JUNE, 2002
Joseph E. Raiford, Jr. v. City of Virginia Beach - malicious prosecution
Madeline Cowan, an infant, who sues by her mother and next friend Lynn Ann Nelson
v. City of Virginia Beach - negligence
John F. Runge v. Arline D. Wayler - under-insured motorist claim
Jacqueline Morehead v. 'Michael Stark and City of Virginia Beach - negligence
Shari Burak v. J. C. Henry and City of Virginia Beach Housing attd Neighborhood
Preservation - injunctive relief
Westminster-Canterbury of Hampton Roads, Inc. v. City of Virginia Beach - real estate
tax assessment
Note: Disposition details available on request from the City Attorney's Office