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HomeMy WebLinkAboutAUGUST 6, 2002 MINUTES ITY CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR ROBERT C MANDIGO, JR Kempsvtlle -Dtstrtct 2 MARGARET L EURE, Centervdle - Dtstrwt 1 LOUIS R JONES, Baymde -Dtstrtct 4 REBA S McCLANAN, Rose Hall -Dtstrtct 3 R1UHARD A MADDOX, Beach - Dt~tr~ct 6 JIM REEVE, Princess Anne - Dt~trtct 7 PETER W SCHMIDT, At-Large RON A VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAAdES L WOOD. Lynnhaven -Dt~trtct 5 JAMES K SPORE, Ctty Manager LESLIE L LILLEE Ctty Attorney RUTH HODGES SMITH, MMC, Cay Clerk OF VII GINIA t EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING 1 2401 COURTHOUSE DR1VE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn August6,2002 I. CITY MANAGER'S BRIEFING - Conference Room- 2:00 PM to CROATAN PARKING C. Oral Lambert, Chief Operations Officer II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room- 3:00 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 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 Ho 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 ORDINANCES 1. Ordinances to AMEND/REORDAIN the City Code re: a. §§ 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 . Ordinance to AUTHORIZE a temporary encroachment to construct storm pipes, waterhne, 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 ora 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 b. $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 agmnst 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 Health/Mental Retardation/Substance 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. J. RESOLUTIONS o 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). Resolution to AUTHORIZE Public Works and the Purchasing Agent to obtain State approval re a Construction Management Contract on the Pavilion Theater replacement project. K. 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 L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - June 2002 N. ADJOURNMENT 08/01/02 AGENDA\08/06/02/GW a-,vw vbgov corn If you are physically disabled or wsually impaired and need assistance at thru meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hear, ng Impmred, call TDD only 427-4305 (TDD - Telephomc Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 6 August 2002 Mayor Meyera E Oberndorf called to order the CITYMANA GER 'S BRIEFING re CROA TAN PARKING tn the City Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, August 6, 2002, at 2 O0 P M Counctl Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf dsm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James' L Wood Counctl Members Absent None -2- CITY MANAGER'S BRIEFING CR OA TAN PARKING 2:00 P.M. ITEM # 49940 C Oral Lambert, Chtef Operations Officer, advtsed the Croatan area ts a destrable recreattonal area Overttme conflicts have artsen between the neighborhood restdents and the pressures from other restdents and vtsttors who crowd tnto the area seektng access and utthzatton of thts common recreattonal resource The netghborhood restdents complatn of heavy traffic impacts (both vehtcular and pedestrtan), norse durmg early mormng hours, htter and eptsodes of intrusive behavtor (taktng hberttes on prtvate property) These problems have tncreased with the conttnued development of the area Mr Lambert &splayed the existing parking plan deptcted on Map #1. The Ctty of Vtrgtnta Beach leases, from the Department ofMthtary Affatrs, Commonwealth ofVtrgtnta, aportton of Camp Pendleton property tncludtng beach and parkmg lots from May 23, 2002 through September 3, 2002 The Parkmg Lot conststs of 300 spaces at the south end of Croatan (8 AM to 7 PM) Datly beach acttvtttes arepermttted only between the hours of 6 O0 A M and 8 O0 P M Ltfeguard servtce ts requtred on the beach m front of the area from 9 30 A M unttl 6 O0 P M Access ts hmtted to the Croatan stde Access ts not permttted through Camp Pendleton The Cttypays $17,364 O0 a year to the State to lease thts property The operatton ts through the Parktng Enterprtse Fund Currently charges are assessed at $300per day for non- Vtrgtnta Beach restdents and $1 O0 per day for restdents The Lot produces approxtmately $35,000 tn revenue and costs approxtmately $22,000 to operate Parktng ts allowed from dawn to dusk on certatn streets year-round No parktng ts permttted tn the areas deptcted tn "red" The areas tn "yellow" deptct parktng permttted durtng the dayttme Parktng ts avatlable anyttme tn the areas shown tn "green". There are approxtmately 500 on- street parktng spaces, plus the 300 avatlable tn the Parktng Lot for a total of et#hr hundred (800) spaces Issues/Impacts Extsttng sttuatton developed over years episodically Concern about early-mormng &sturbances Pendleton Lot not used to capactty Few are sattsfied wtth current sttuatton Alternative Parking Plan (Map #2) Components Parktng lot - 300 spaces - No Fee (lot ts staffed) - 6AM to 8 PM Memortal Day to Labor Day -tmproved stgnage Pubhc parktng forbtdden on destgnated streets Remove parking from around the parkmg lot (3 7 spaces - Maryland Avenue and South Surfstde) Allow parktng on destgnated streets from 9 30 AM to 7 PM only year-round (deptcted on "yellow" on Map) Unrestrtcted parktng tn area furthest from the beach year-round Re-emphastze spectal parktng permtt program for restdents at ntght for one-ttme events August 6, 2002 -3- CITY M/INAGER'S BRIEFING CR O/I T/IN PARKING ITEM # 49940 (Continued) Issues/Impacts Ehmtnates most early mormng dtsturbances Removes 3 7 spaces from pubhc use Encourages use of lot, espectally tn early mormng No early morntng parktng avadable September Third through May Twenty-thtrd Net annual loss of $40,000 to Parking Enterprise Fund (Lost Revenue - $35,000 and added staff expense for tncreased hours $5,000) One-time cost to implement $25,000 (approxtmately 1 O0 signs manufactured and tnstalled to make the pubhc aware of revtsed parktng restrtcttons) Future Staff wall momtor area Staff wall conttnue to pursue year-round use of Pendleton Lot The Ctty staff ts recommen&ng adoptton of the Ordtnance authortztng the ehmtnatton of Parktng Fees tmposed under the Camp Pendleton Beach Agreement Councilman Maddox &splayed photographs deptcttng Croatan Hills and the very narrow streets resulttng from mass parktng These photographs are examples of substanttally detertorated quahty of hfe, tn this netghborhood Croatan has become the "beach of choice "for many locals There are 1200parking spaces in the entire five (5) miles of Sandbridge. Croatan has 800parking spaces in five (5) blocks The Parkmg Lot was utthzed wtth less than 50% occupancy last year In the last two years, the lot has only been full fifteen (15) ttmes out of 220 days On an average week day, there are usually forty or fifty cars on a 300-car lot On the Fourth of duly weekend at 2 O0 PM, there were 100 empty spaces tn the lot whale the netghborhood was over-run wtth parked vehtcles Councdman Maddox advtsed there must be a way to provtde ctttzen access to the beach wtthout tmpedtng the netghborhood The Ctty has the abthty to double the stze of the lot as the demand grows There are four porta potttes tn the parktng lot and two porta potties at the extreme northend The tdea ts to have people park where the servtces are located Croatan represents 1% of the enttre real estate tax tncome for the Ctty $2 5-Mdhon ts generated tn those five blocks Counctlman Maddox advtsed the objecttve ts to restore some measure of quahty of hfe to Croatan Croatan restdents do want much more than this They want parktng removed from thetr streets Four more weeks rematn tn Summer Thts ts an experiment to see tf they wdl park tn the lot rather than the netghborhood If thts procedure ts not effecave, the Ctty has the Wtnter months to devtse anther strategy for next Summer to allevtate the restdents' concerns Mr Lambert advtsed tn 2001, 17, 324 cars were parked durtng the season 11,230 were restdents ($100fee) Therefore approxtmately two-thtrds of the revenue ts derived from the locals The potnt of the free parktng ts to encourage restdents and non restdents not to park on the street, but tn the parktng lot Councd Lady Wdson expressed concern re lostng the revenue and advtsed THE Beaches and Waterways Commtsston suggests the Ctty provtde another lot The potnt of free parktng ts to encourage the ctttzens not to park on the streets Councd Lady Wdson referenced her netghborhood also has narrow streets Thts ts not a unique sttuatton wtth Croatan Councdman Reeve advtsed thts ts obvtously "step one" of a several step process Councdman Reeve's concern, as a surfer, and the concerns of other professtonal level surfers, once they loose the parking at the Pendleton lot after Labor Day, the surfers want to be assured they can park back on the street agatn Once the parktng lot closes, Councdman Reeve wtshed the parktng on the street allow parktng at 6 O0 A M He does not want to send the message the Ctty ts trytng to reduce parktng, but rather to focus parktng at the lot durtng the hetght of the season In the off season, there ts stdl a demand for early mornmg usage of the beach by the restdents To dtspense wtth early morntng hours would be a htndrance to the general surfing pubhc Councdman Reeve beheves there should be better access on the northend and southend Thts would ehmtnate pressure on the netghborhood August 6, 2002 -4- CITY M/tNAGER'S BRIEFING CR O/I T/IN P/IRKING ITEM # 49940 (Continued) Counctl Lady Eure advtsed tf parktng has been restrtcted tn the area deptcted on the map from Croatan down to the parktng lot and the whole length of Oceanstde street, the streets would be crowded Mr Lambert beheved there was neverparktng on South Atlanttc Avenue Counctl Lady Eure mqutred as to the wtdth of Vanderbtlt and the other streets where parktng ts allowed (smgle or double), Atlantic Avenue and Atlanttc Avenue South (total restrtcttve parktng) Counctl Lady Eure beheves the Ctty Counctl should make the dectston relattve parktng betng allowed on the streets The pubhc has artght to park on a pubhc street Council Lady Eure advised her neighborhood htredprtvate security and suggested a btke patrol for Croatan Master Ftrefighter Wtlham Batley advtsed Councdman Wood, afire truck could befitted through theparktng deptcted tn the photograph, but could not be operated as stxteen feet would be necessary to put up the outrtggers for a ladder If the street ts twenty (20)feet wtde, the Ftre Department requtres stxteen (16)feet Mr Lambert advtsed the area does require extra effort on behalf of Pohce tn terms of parktng vtolattons and respon&ng to tn&vtdual calls Resources are not avatlable to have pohce officers constantly tn the vtcmtty Counctlman Maddox assured that only thirty-seven (37) parking spaces out of five hundred (500) are being removed. Mr Lambert advtsed Counctlman Schmtdt the order of priority would be to remove the parktng fee and tnstall the stgns on Croatan Road &recttng the pubhc to free parktng Thts should be acco~nphshed tn a few days However, the changtng of stgns throughout the netghborhood will entatl ttme The Ctty wtll attempt accomphshment prtor to Labor Day weekend Councilman Schmtdt inquired tf temporary stgns could be utthzed relattve the parktng, have a report, reconvene and determtne &rectton Mr Lambert wtll have to confer with Pubhc Works and the Ctty Attorney as there wtll be an expectatton of enforcement Mr Lambert advtsed the staff has been worktng wtthout success, for many years wtth the State, wtthout success, relattve tncreastng the stze and usage of the Parking Lot Mr Lambert advtsed Vice Mayor Man&go, the Parking Enterprise Fund, has to be supplemented Steve Thompson, Chtef Ftnanctal Officer, retterated the Parking Enterprise Fund is approximately a $2- MILLION operation which must be balanced Any shortfalls are compensated by the TGIF fund At the present trine, approximately $258,000 comes from the TGIF The net annual loss of $40,000 would also be derived from the TGIF. Counctlman Vtllanueva tnqutred relattve the avadabthty of pubhc facthttes at the Parktng Lot Mr Lambert advtsed there are four (4)portajohns at the Parktng Lot There are plans for ad&ttonal portable toilets on the beach (two tn the proxtmtty of Croatan Road and more at the northend) Alhson Swan, Prestdent- Croatan Ctvlc League, advised the issues are 'year round Parktng near her home generally starts at 4 45 A M wtth all the accompanytng notses of prepartng for surfing Approxtmately 50,000 tn&vtduals utthze the Parktng Lot tn the Summer At trines, Ms Swan has counted 130 cars tn the area of gtrgtnta Dare South, Croatan Htlls Drtve and Court, plus an ad&ttona185 cars, as all the "marked on street parktng" ts full Mayor Oberndorf referenced the Nattonal News reflecttng the &fficulty of cttmg beaches as pubhc when abutted by a netghborhood The Ctty Manager advtsed the staff wtll revtew Counctlman Schmtdt's suggestton concermng temporary stgns to be utthzed for five or six weeks, after whtch thts wtll be reevaluated August 6, 2002 -5- AGENDA RE VIEW SESSION 3:00 P.M. ITEM # 49941 I 1 a Ordinance to AMEND ~3~ 21-424, 21-426 and 21-429 of the City Code re fees and access trips for towing of vehtcles from private property Councd Lady Wilson mqmred relattve the estabhshment ora Commtttee comprtsed of representattves from the offices of the Commtsstoner of Revenue, Ctty Attorney, Pohce and Rtsk Management to recommend An ordinance and procedures to improve the Ctty's regulation of nonconsensual towtng operattons An ordtnance for better tdenttfytng, assessing and collectmg taxes, hcense and fees from bustnesses revolved tn towing operattons Mr Lambert advtsed a report wtll be submttted to the Ctty Counctl relattve the tssues and Ctty Counctl may wtsh to add addtttonal stems After evaluatton, another report wtll be furmshed before next year Counctl Members Eure and McClanan will vote NA E ITEM # 49942 d 1 Ordtnances to AMEND/REORDAIN the Ctty Code re c 3%~ 2-214 2, 2-214 3 and 2-216 1 re the Virginia Public ProcurementAct The Ctty Manager advtsed Counctl Lady McClanan thts was a recommendatton of the Purchastng staff to asstst tn streamhntng thetrprocess The other ctttes tn the area have estabhshed thts procedure The effect of the proposed amendment ss that the Ctty wall be able to make small purchases and delegate procurement authortty tn amounts up to $50,000, instead of $30,000 Counctl Members Eure and McClanan wtll vote NA E ITEM # 49943 12 Ordtnance to AMEND the Parks and Recreation Commission Bylaws re quorum Counctl Lady McClanan expressed concern and advtsed she and Councd Lady Wtlson had been selected by Ctty Counctl to revtew the Ctty's appotnttve Boards and Commtsstons Thts process ss to reevaluate the Boards and Commtsstons If members do not wtsh to attend the meetings, they shouM restgn Responstbthty of members needs to be encouraged, not change the quorum Counctl Lady McClanan requested INDEFINITE DEFERRAL and thts parttcular ttem be &scussed during the revtew of the Boards and Commtsstons Counctl Lady Wtlson advtsed self-evaluatton questtonnatres have been forwarded to all the Boards and Commtsstons These completed forms wtll be revtewed and the Ctttzens Commtttee on Boards and Commtsstons wtll meet September 27, 2002 Mayor Oberndorf advtsed durtng the Retreat, dtscusston entatled the estabhshment ora Task Force for a spectfic project wtth a defintte ttmehne for recetpt ora recommendatton There mtght not be the need for approxtmately 65 to 75 Boards and Commtsstons meettng monthly Thts mtght be a more feastble method of ctttzen tnvolvement wtthout the stratn of personal time August 6, 2002 -6- AGENDA RE VIEW SESSION ITEM # 49944 15 Ordtnance to .4 UTHORIZE ehmtnatton of parking fees imposed under the 2002 Camp Pendleton Beach Agreement Councd Lady Eure advtsed "cautton" concerntng admtntstrattve procedures Counctlman Maddox advtsed part of the procedure ts to ehmtnate the spaces directly adjacent to the Parktng Lot, to enttce tnchvtduals to park tn the Lot, and wtth stgnage on Croatan Road to direct people to where there ts a free lot When the Parking Lot closes after Labor Day, Counctlman Maddox ts amendable to revtewtng and adjusttng the hours of parktng The ulttmate goal ts to have the Parktng Lot avatlable 'year round As speakers are regtstered, thts ttem wtll be dtscussed durtng the Formal Session ITEM # 49945 .12 Resolutton to AUTHORIZE Pubhc Works and the Purchastng Agent to obtain State approval re a Construction Management Contract on the Pavilion Theater replacement proJect Counctlman Wood tnqutred relative the uttltzatton of Constructton Management Contract rather than a destgn/butld basts. Wtth the destgn butld scenarto, the enttty ts responstble for all the destgn errors E Dean Block, Dtrector of Pubhc Works, advtsed the staff concluded destgn/butld contracts arepreferable for "stratght forward" contracts The Constructton Management "at rtsk" program should be utthzed for complex projects There would be team work durtng the destgn process and a better check and balance system There ts a longpertod of destgn before constructton as well as a longpertod of trine to go through the state process The Ctty Manager advtsed Counctlman Jones, the plan ts for a report tn Aprtl relattve the assessment to raise funds beyond the Ctty dollars allocated for the project Then, the Ctty Counctl must dectde the actual scope of project costs based on this report The Ctty Manager advtsed Counctl Lady Eure, Turner Constructton ts betng utthzed for the Convention Center Mr Block advtsed Turner Constructton was htred by a selectton process of sohctttng proposals, "short hsttng" and tntervtewtng those who make the spectfic proposals Both fee and techntcal quahficattons of the proposal were judged as a part of the process Mr Block shall provtde further tn formation ITEM # 49946 B Y CONSENSUS, the following shall compose the CONSENTAGENDA: ORDINANCES 1 Or&nances to AMEND/REORDAIN the Ctty Code re a 3~ 21-424, 21-426 and 21-429 re fees and access trtpsfor towing of vehtcles from private property b 3~2-452 2 re Composttton of the Board of Zonmg Appeals (BZA) c 3~3~ 2-214 2, 2-214 3 and 2-216 1 re the Virginia Public Procurement Act 12 Ordinance to AMEND the Parks and Recreation Commission Bylaws re quorum 13 Or&nance to AUTHORIZE a temporary encroachment to construct storm ptpes, waterhne, fence, access gate, curb and endwalls tnto the Ctty's dratnage easement tn behalf of General Booth Storage at 1545 General Booth Boulevard (DISTRICT 7 - PRINCESS ANNE) August 6, 2002 -7- AGENDA RE VIEW SESSION ITEM # 49946 (Continued) 14 Ordinance to AUTHORIZE the Ctty Manager to execute a ProJect Cooperatton Agreement wtth the Department of the Army re constructton of a Beach Erosion Control Hurricane Protection project at Sandbrtdge Beach 16 Ordtnance to ACCEPT a $1,725,740 grant from the Federal Emergency Management Agency (FEMA), ESTABLISH two capttal proJects, APPROPRIATE $1,294,305 tn federal revenue, and, TRANSFER $154,678from the FY 2002-03 reserve for contmgenctes to capttal projects re mitigating damage from future disasters. 1 7 Ordtnances to A CCEPTandAPPROPRIA TEgrantsfrom the Vtrgtma Department of Crtmmal Justtce Servtces re a $181,325 to the FY2002-03 operattng budget for the DUI/Drug Treatment Court Program b $80,000 to the FY2002-03 operattng budget for two new Community Corrections caseworker postttons 18 Or&nance to ACCEPT and APPROPRIATE $115, 000 grant from the Umted States Envtronmental Protectton Agency (EPA) to the Comprehensive Emergency Response and Planmng-Phase I to help safeguard the water supply agamst terrorist attacks 19 Ordtnance to ACCEPT and APPROPRIATE $81,849 from the US Department of Transportatton, Federal Htghway Admtntstratton re destgn and construction for the Norfolk Avenue Multipurpose Trail I10 Ordtnance to APPROPRIATE $69, 750from the Mental Health/Mental Retardatton/Substance Abuse Servtces (MH/MR/SA) spectal revenue fund to the MH/MR/SA FY2002-03 operattng budget re relocatton of a respite program for chddren with disabilities RESOLUTIONS J1 Resolution to AUTHORIZE the FY2002-03 Performance Contract between Vtrgtnta Beach Communtty Servtces Board (CSB) and Vtrgtnta Mental Health/Mental Retardatton/Substance Abuse Servtces (MH/3,1R/SA) J2 Resolutton to AUTHORIZE Pubhc Works and the Purchastng Agent to obtain State approval re a Construction Management Contract on the Pavilion Theater replacement proJect Councd Members Eure and McClanan wdl vote NAY on Items Ia and lc Item J 2 will be DEFERRED INDEFINITEL Y, B Y CONSENT. August 6, 2002 -8- CITY COUNCIL COMMENTS 3:30 P.M. ITEM # 49947 Counctl Lady McClanan advtsed prtor to her vacatton, she checked on the progress of Oceana Boulevard several trines due to ctttzen concerns about completion There was no one worktng on the project There ts constderable congestton on Vtrgtnta Beach Boulevard as one travels through Oceana on West Lane and the tntersectton of Potters Road and Ftrst Colomal E Dean Block advtsed VDOT ts constructtng the project and supposedly on ttme Mr Block advtsed a project ts tn the early stages of destgn to tmprove the tntersectton at Vtrgtnta Beach Boulevard and Ftrst Colontal A VDOTproject, nearing recetpt of bids for construction, wtll ehmtnate the "jog" at Potters Road and connect Great Neck Road and London Brtdge Road tn a seamless fashion, provtdtng another north/south corrtdor between Dam Neck Road and Shore Drtve Mr Block shall further advtse Counctl Lady McClanan relattve the Oceana project ITEM # 49948 Mayor Oberndorf referenced the memorandum from the National League of Cities dated July 12, 2002, relative the opportuntty to presentproposed amendments and resolutions to the National Municipal Policy The due date ts Friday, August 9, 2002 The National Municipal Policy ts the comprehenstve pohcy statement to the Nattonal League of Ctttes ITEM # 49949 The Vtrgtnta Muntctpal League ts meettng October 20-22, 2002 at the I4'aterstde Conventton Center tn Norfolk Please review the tnvttatton and advtse the Ctty Clerk tf you destre to register ITEM # 49950 Mayor Oberndorf advtsed Dr Deborah M DtCroce, Prestdent- Ttdewater Commumty College, has tnvtted the Members of Ctty Counctl to attend Strategic Partnership Addressing Current and Future Needs for Skilled Employees in the Retail Business Sector of Hampton Roads Thursday, August 8, 2002, at 10:30 A.M. Reading Garden - Martin Building Library Norfolk Campus, Tidewater Community College Please advtse the Ctty Clerk of your attendance ITEM # 49951 Mayor Oberndorf extended congratulattons to Steven Thompson, Chief Financial Officer, who recetved the International City Management Association (ICMA) Credentialed Manager designation. ITEM # 49952 Counctl Lady Eure referenced the correspondence of Wayne Holcum relative the Sommerset Lake Condominiums. The Ctty Clerk advtsed Kathleen Hassen, Asststant to the Ctty Manager for Ctttzen Afters ts respondtng August 6, 2002 -P- CITY COUNCIL COMMENTS ITEM # 49953 Councd Lady Eure referenced the prohferaaon of litter boxes containing advertising in Kempsville and Centerville, located tn the rtght-of-way, approximately three feet from the curb The Ctty Attorney advtsed adverttstng tn the form of sohcttatton of time shares as they walk along ts not permitted Informatton contatned tn the "news boxes" deals wtth commerctal and non-commerctal Ftrst Amendment matertal and can be regulated as to time, place and manner Ordtnances have been drafted, but not acted upon The thtrd type of acttvity involves the small "houses" or "booths" that are betng constructed for the sohcttatton of ttme shares from fixed locattons Mayor Oberndorf referenced a meettng with the representattves of Landmark Commumcattons relattve small box houstng of newspapers Thetr Corporate Attorney advtsed Landmark dtd not encourage or embrace anythtng that mtght tn any way tnfrtnge on thetr abthty to be protected by the First Amendment Steven Thompson, Chtef Ftnanctal Officer, has been meettng wtth the newspaper prtnctpals relattve thetr locattons at the Oceanfront Mr Thompson wdl negottate also relattve locattons tn Kempsvtlle and Centervdle Mr Thompson advtsed the newspapers wtsh to have demonstratton projects prtor to expanston ctty-wtde Mayor Oberndorf commended the Ctty of San Francisco whtch has all the newspapers, (both thetrs and from around the world) encassed tn a dark green stand The patnt utthzed could not be marked upon ITEM # 49954 Councd Lady Eure referenced the memorandum relattve the Workforce Investment Act (Nottce of Obhgatton to the Ctty of Vtrgtnta Beach) and requested clartficatton The Ctty Manager advtsed the funds are recetved by the State from the Federal Government and then dtstrtbuted to the regtons The "award pertod" ts duly 1, 2002 thru dune 30, 2003 The City wtll recetve obhgated funds July 1, 2002 - June 30, 2003 Prior Level CHANGE New Level Adult Programs $ 0 $ 39 7, 854 $ 39 7, 854 Youth Programs $ 2,477,242 $ 0 $ 2,477,242 Dislocated Worker $ 0 $ 2 76, 755 $ 2 76, 755 Programs TOTAL $ 2,477,242 $ 674,609 $ 3,151,851 August 6, 2002 -lO- ITEM # 49955 Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Buddtng, on Tuesday, August 6, 2002, at 3 40 PM Councd Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Absent' None August 6, 2002 -11- ITEM # 49956 Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant to Section 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MA77'ERS Dtscusston, constderatton or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctphnmg, or restgnatton of spectfic pubhc officers, appotntees, or employeespursuant to Sectton 2 1-344 (A) (1) To Wtt Appotntments Boards and Commtsstons Beaches and Waterways Advtsory Commtsston Chesapeake Bay Preservation Area Board Development Authortty Hampton Roads Planmng Dtstrtct Commtsston Health Servtces Advtsory Commtsston Human Rtghts Commtsston Parks and Recreation Commtsston Personnel Board Pubhc Ltbrary Board Revtew and Allocatton Committee (COG) Soctal Servtces Board Transportatton Dtstrtct Commtsston of Hampton Roads Towtng Advtsory Board Vtrgtnta Beach/Jamestown 2007 Steertng Co~nmtttee PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Acqutsttton Princess Anne Dtstrtct Baystde Dtstrtct Vtrgtnta Beach Dtstrtct LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2-3 771(A)(7) Cox Cable Franchtse Frtends of Ferrell Parkway L L C and Andrea Ktlmer v the City of Vtrgtnta Beach, et al Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, City Counctl voted to proceed tnto CLOSED SESSION. Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None (3:40 P.M. - 5:40 P.M.) August 6, 2002 - 12- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL August 6, 2002 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Budding, on Tuesday, August 6, 2002, at 6 O0 P M Councd Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Absent None INVOCATION Reverend Thomas W Brttton Pastor Emerttus PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 6, 2002 Item V-E. - 13- CER TIFICA TION OF CLOSED SESSION ITEM # 49957 Upon motton by Councdman Jones, seconded by Counctl Lady Wtlson, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meettng reqmrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts certtficatton resolution apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton conventng the Closed Sesston were heard, chscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Council Members Absent None August 6, 2002 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49956, page 11, and in accordance w~th the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity w~th Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Vlrglma 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 d~scussed ~n Closed Session to which this certification resolution applies; and, (b) only such pubhc business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Councd. ~R~uth Hodges gmlth, MMC City Clerk August 6, 2002 Item V-F. 1. - 14- MINUTES ITEM # 49958 Upon motton by Councdman Jones, seconded by Vtce Mayor Man&go, City Councd APPROVED the Mtnutes of the INFORMAL AND FORMAL SESSIONS of July 9, 2002 Councdman Jones referenced ITEM # 49926. (Correspondence from the City Attorney relative this item is hereby made a part of the proceedings of the Minutes of July 9, 2002, and August 6, 2002, concerning the proper District) Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Voting Nay None Councd Members Absent None August 6, 2002 LESLIE L LILLEY CITY AI-I'ORNEY Councilmember Louis R. Jones 1008 Witch Point Trail Virginia Beach, VA 23455 (Z2ity- or:' Vi:rginia August 8, 2002 MUNICIPAL GEl'I/ER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH VA 23456 9004 {757) 427 4531 FAX (757) 426 5687 TOO (757) 427 4305 Dear Mr. Jones: At the Council's meeting of August 6, 2002 regarding the approval of the minutes of July 9, 2002, you raised certain questions regarding Item No. 49926. Specifically, you have indicated that the Disthct 5- Lynnhaven designation in the caption was incorrect and you noted that the minutes have been corrected to indmate D~strict 4-Bayside. Your inquiry to me was whether the attached ordinance and encroachment had been duly corrected in keeping ~vith the corrected caption. We have reviewed this matter and detenmned that the attached ordinance and encroachment a~eement should not be changed. Both documents refer to a plat prepared on October 15,2001 which references the property as being located In the Lynnhaven District. While the reference on the plat is incorrect, the purpose for listing that desi~ation both in the ordinance and encroachment agreement was to identify the plat as part of the legal descnptmn of the property. For the City Council's procedural references, the property is located in the Bayside District and the caption's reference has been noted accor&ngly. However, the references ~n the or&nance and the encroachment agreement must remain as recorded in order that the specific plat can be ~denhfied as a part of the legal description of the property. I trust this responsive to your questions in this matter, and I request that a copy of this letter be placed with the m~nutes of the Council meeting of July 9, 2002 and the City Council meeting of August 6, 2002. Very truly yours, Leslie L. Lilley City Attorney LLL/awb Enclosures cc: Meyera E. Obemdorf, Mayor Members of City Council Ruth Hodges Smith, AAE/CMC Prmtd Rertbtent of the ! t)U~'~ [! S Senate Medalli. n nf Ercellenre f.r Prt~dttcttvttv and (htalttv tn the Pubhc Sertt~r Item V-J.2. - 23 - ORDINA NCES/RES OL UTI ON ITEM # 49926 Upon motton by Vtce Mayor Man&go, seconded by Counctbnan Jones, Ctty Counctl ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into a portton of the Ctty's rights-of-way for ALBERT T., JR. and VICTORIA FISHER re wooden bulkhead/walkway/pter/boathft at 2076 Tazewell Road. ~ ,, ,, ,,,~, ~ v, DIST~CT 4 BA YSIDE The followtng condtttons shall be requtred The temporary encroachment shall be constructed and matntamed tn accordance with the laws of the Commonwealth of Vtrgmta and the Ctty of Vtrgmta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and location The temporary encroachment shall termtnate upon notice by the Ctty to the apphcant and, wtthm thirty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wdl bear all costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the City, tts agents and employees from and against all claims, damages, losses and expenses, tnclu&ng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment Nothtng herein contained shall be construed to enlarge the permtsston and authortty to permit the matntenance or constructton of any encroachment other than that specified heretn and to the hmtted extent specified heretn, nor to permit the mamtenance and construction of any encroachment by anyone other than the apphcant The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard The apphcant shall obtatn and keep in force all rtsk property Insurance and general habthty or such msurance as ts deemed necessary by the Ctty, and all tnsurance pohctes must name the Ctty as additional named tnsured or loss payee, as apphcable The apphcant must also carry comprehensive general habdtty insurance tn an amount not less than Five Hundred Thousand Dollars ($500,000), combined smgle hmtts of such insurance pohcy or pohctes The apphcant must provide endorsements provtdtng at least thirty (30) days'wrttten nottce to the Ctty prtor to the cancellation or termtnatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and ltabtltttes, vested or conttngent with relation to the temporary encroachment July 9, 2002 - 24 - Item V-J.2. ORDINANCES/RESOLUTION ITEM # 49926 (Continued) Voting 11-0 (By ConsenO Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None July 9, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE TWENTY-FIVE FOOT (25') UNIMPROVED RIGHT-OF-WAY OF LYNNHAVEN PROMENADE BY ALBERT T. FISHER, JR. AND VICTORIA FISHER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ALBERT T. FISHER, JR. and VICTORIA FISHER desire to construct and maintain a wooden bulkhead, a walkway, and a pier and boat lift into the City's 25' unimproved right-of-way known as Lynnhaven Promenade, located behind their Crab Creek condominium unit at 2076 Tazewell Road in the Ocean Park neighborhood. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment 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 §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, ALBERT T. FISHER, JR. and VICTORIA FISHER, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a wooden bulkhead, a walkway, and a pier and boat lift in the City's 25' unimproved right-of-way of Lynnhaven Promenade as shown on that certain plat entitled: "PROPOSED ENCROACHMENT BULKHEAD, WALKWAY, PIER AND BOAT DAVITS FOR ALBERT T. AND VICTORIA FISHER CRAB CREEK CONDOMINIUM, UNIT 2076 LYNNHAVEN DISTRCT [sic] VIRGINIA BEACH, VA (D.B. 2633, PG. 416) DATE: OCTOBER 15, 2001", a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and 37 38 39 40 41 42 43 44 45 46 ALBERT T. FISHER, JR. and VICTORIA FISHER (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 ALBERT T. FISHER, JR. and VICTORIA FISHER and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of July , 2002. 47 48 49 50 CA#- TKENN\ENCROACH\FISHER.ORD R-1 PREPARED: 6/5/02 ^s CO.T . S SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AN D/,FOI~ CITY A~-T6 RILEY " · PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 {c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENTi made thisbe) 50 day of ~ ~7 , 20~, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and ALBERT T. FISHER, JR. and VICTORIA FISHER, his wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). WITNESS ETH: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Lot 4, Block 4, Plat of Ocean Park, Section A, M.B. 5, Pg. 69, and being further designated and described as 2076 Tazewell Road, Virginia Beach, VA 23455; and WHEREAS, it is proposed by the Grantee to construct and maintain a wooden bulkhead, a walkway, a pier and boat lift, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 25' unimproved right-of-way known as Lynnhaven Promenade, the "Encroachment Area", and the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 1489-58-6234-7260 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 perg~ission to use the Encroachment Area for the purpose of constructing and maintaining a 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: "PROPOSED ENCROACHMENT BULKHEAD, WALKWAY, PIER AND BOAT DAVITS FOR ALBERT T. AND VICTORIA FISHER CRAB CREEK CONDOMINIUM, UNIT 2076 LYNNHAVEN DISTRCT [sic] VIRGINIA BEACH, VA (D B 2633, PG 416) DATE: OCTOBER 15, 2001" · · · f a copy of which is attached hereto as Exhibit "A" 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 the notice is given the Temporary Encroachment must be removed from 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 claim~, damages, losses and 2 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 the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. · It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must submit, f6r 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 Department of Public Utilities. 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, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a 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 local or state taxes. , IN WITNESS WHEREOF, ALBERT T. FISHER, JR. and VICTORIA FISHER, his wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name a~d on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk Albert T. Fisher, Jr. ~ Victoria Fisher STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public CITY/COUNTY ;bF V,~~ ~~ , to-wit: The foregoing instrument was acknowledged before me this ~~ day of M~ , 20 O~- ., by ALBERT T. FISHER, JR. and VICTORIA FISHER, his wife. Public My Commission Expires: G'~O.O~ APPROVED AS , CRAB CREEK °1 --CE 50' CHANNEL l-~r', gl WEST EDGE OF CHANNEL PER CITY DREDGE l~. PLANS BY WATERWAY SURVEYS, 10/16/00 PROMENADE CRAB CREEK N/F MICHAEL 1489- 58- ""-FLOOD~EBB _~' PROPOSED BULKHEAD, WaLkWaY DAVITS TO BE CAPABLE OF LIFTING AND STORING BOAT OVER PIER. EXISTING PIER I___ / zz ~L___ (~/w ' ~i_L _ 25') 2'----J--- 16' MLW -0 7' ' ' .... ' ...... {~ ..... ~ BULKHEAD UNE ........... /'~ ~//~ ]~ REAR PL · · · /dE~,~ ............ ~~ x//,~ DELIVER AND INSTALL ~ ALL MA~RIALS VIA BARGE. ~ ~' LOT 5 ~ ~ N/F RICHARD L. JOHNSON ~ ~ o o 1489-58-6199 N ~207~ ~2076 ;ONDOMINlUM ,,UNH,. I .... 234_7270 ~ ~ o A=5~ 77' o ._ "" 7736 TAZEWELL ROAD (V/W) SITE DATA CONDO 4, UNIT 2076 GPIN 1489-58-6234-7260 WATERFRONT CONSULTING, INC 1112 dENSEN DRIVE, STE. 206 VIRGINIA BEACH, VA 25451 PHONE: (757) 4-25-6244 FAX. (757) 4-25-8244- i i i mm i PLAN VIEW SCALE 1" = 30' PROPOSED ENCROACHMENT BULKHEAD, WALKWAY, PIER AND BOAT DAVITS FOR ALBERT T. AND VICTORIA FISHER CRAB CREEK CONDOMINIUM, UNIT 2070 LYNNHAVEN DISTRCT VIRGINIA BEACH, VA (D.B. 2655 PG. 416) DATE- OCTOBER 1,.5, 2001 Looking South from Applicant's property Adjacent dock and IJoat (2072 Tazewell Road) Applicant's property looking north Adjacent dock with boat (2030 Tazewell Road) TAZE~/ELL RO LOCATION MAP SCALE: 1" -- 1,600' SHORE~ DR. --L LOCATION MAP FOR ENCROACHMENT FOR ALBERT T. & VICTORIA FISHER 2076 TAZEWELL ROAD SCALE: 1" -, 100' PREPARED BY P/W ENG. DRAFT. 06-DEC-200' Item V-G. 1. - 15- ADOPT AGENDA FOR FORMAL SESSION ITEM # 49959 BY CONSENSUS, Ctty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION August 6, 2002 Item V-H. 1. -16- REVENUE SHARING Back Bay Nattonal Wtldlife Refuge ITEM # 49960 Molly Brown, Frtends of Back Bay and Coastal Wddhfe Refuge Soctety, tntroduced John Stasko, Refuge Manager, Back Bay National ildlife Refuge, Suzanne Baird, Refuge Manager of Mackay Island Waller Whittemore Anne Whittemore Sheila Price, Cheryl Petticrew Bill Brown Kay Ashby Board Members of Friends of Back Bay. Ms Brownpresented a "mock" check to the Ctty of Vtrgtnta Beach tn the amount of $184,222. OO from Back Bay and Mackay Island Wtldhfe Refuge Thts payment represents Revenue Sharing in lieu of taxes The Refuge supports the Ctty's tnterest tn preservtng and protecttng open spaces by conttnutng to purchase land at fair market value from wtlhng sellers All newly acqutred lands are evaluated and whenever compattble wtth the purpose for whtch the Refuge was created, these lands are made avatlable for pubhc use acttvtttes The Ashvtlle Creek Envtronmental Educatton Center opened to the pubhc on acqutred land ts a good example of the Refuge commitment to both resource protectton and pubhc use They are also worktng wtth the Ctty to develop pubhc fishtng and canoe launchtng on the west side of the Back Bay The Nattonal Wtldhfe Refuge System wtll be celebrattng a Century of Conservation in 2003. In 1903, President Theodore Roosevelt estabhshed our country 's first Nattonal Wtldhfe Refuge on Pehcan Island tn Flortda Today there are over 500 Nattonal Refuges nattonwtde August 6, 2002 Item V-I. ORDINANCES/RES OL UTION -17- ITEM # 49961 Upon motton by Vtce Mayor Man&go, seconded by Councdman Jones, Ctty Counctl APPROVED IN ONE MOTION, Ordtnances 1 b/c, 2 (DEFER), 3, 4, 6, 7, 8, 9 and 10 and Resolutions 1 and 2 of the CONSENT AGENDA. Item 1 2 (Parks and Recreatton Bylaws) was DEFERRED INDEFINITEL Y, BY CONSENT, Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None Counctl Members Eure and McClanan voted a VERBAL NAY on Item I 1 c (Vtrgtnta Pubhc Procuredment AcO August 6, 2002 -18- Item V-I.l.a. ORDINANCES/RES OL UTIONS ITEM # 49962 The followtng spoke tn SUPPORT Ernte Cooper, Artstocrat Towmg, 6539 East Vtrgtnta Beach Boulevard, Norfolk Davtd H Frtedman, Prestdent - Century Towtng Servtce, 175 Coventry Road, Phone 497-4244, Member - Towtng Advtsory Board Art Walker, Member -Towtng Advtsory Board, 2636 Dean Drtve The followtng regtstered tn OPPOSITION: Steven Cowan, 280 South Parhament Drive, Phone 473-8610, urged rules and complatnt procedures wtth documentatton on all non-consensual tows Upon motton by Vtce Mayor Man&go, seconded by Counctl Lady Wdson, Ctty Counctl ADOPTED: Or&nance to AMEND ~ 21-424, 21-426 and21-429 of the Ctty Code re fees and access trtps for towing of vehtcles from private property Vottng 9-2 Counctl Members Vottng Aye Louts R Jones, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Margaret L Eure and Reba S McClanan, Counctl Members Absent None August 6, 2002 1 Requested by Vice-Mayor Mandigo 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 vehzcle. 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. 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: 35 36 37 Gross wemght of vehicle 11,000 pounds or less 11,001 pounds or more Maximum fee $70.~v~ 75.00 ~'-~~ve J ....... Lo, 2~l}v~ ~-.y $285.00 (effect-ye J~iy 25, 2001) 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 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. (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 ($12.00 15.00)per twenty-four-hour period thereafter, for any vehicle with a gross weight of 11,000 pounds or less removed from private property without the consent of the owner or custodian of the vehicle, whether such tow originates in this city or any other jurisdiction. For vehicles with a gross weight of more than 11,000 pounds, a storage fee not to exceed e~/~rte~e~ twenty dollars ($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. (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 l~en holder, if any, of the vehicle. Sec. 21-429. Miscellaneous prohibited acts by tow truck service or operator. Except when acting as an agent in the legal repossessmon 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 68 69 7O 71 72 73 74 75 76 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 storage area located outszde of the city, and such storaqe area is closer to the location from which a vehicle is 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 towed than the closest in-city storaqe area owned or leased by the tow truck service or 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 greater than that fee authorized in Virqinia Beach and invoices the tow in Virginia Beach. (11) During the initial twenty-four (24) hours after the vehicle is towed and ~_upon 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. Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of August, 2002. CA-8413 DatakOrdinkProposedk21-424 & 426 & 429 Mandigo.ord R-2 July 12, 2002 Item V-I.l.b. ORDINANCES/RES OL UTION - 19- ITEM # 49963 Upon motion by Vice Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Ordtnance to AMEND/REORDAIN the Ctty Code 2-452 2 re Composttton of the Board of Zoning Appeals (BZA) Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Council Members Vottng Nay None Counctl Members Absent None August 6, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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 ~I} a maximum of three (3) alternate~ ....... ~--~ however, that alternates appointed by the city council; p~v~=~, ...... ~ ...... ~-- ~ shall eom =t= ~= remainder of ~=~ ~=~.~. Members and alternates shall be appointed for terms of five (5) years, except that appointments to fill vacanczes shall be only for the unexpired port~on of the term, and members and alternates may be reappointed to succeed themselves. The qualifzcations, organzzation 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 ~or 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 about 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 34 35 Certified Boards of Zoning Appeals Program sponsored by the Virginia Cooperative Extension Service. 36 37 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of August, 2002. 38 39 4O 41 42 CA-8554 DATA/ORDIN/PROPOSED/02-425-2ord.wpd R2 July 30, 2002 Item V-I.I.c. ORDINANCES/RES OL UTION - 20- ITEM # 49964 Upon motton by Vtce Mayor Man&go, seconded by Councdman Jones, Ctty Counctl ADOPTED: Or&nance to AMEND/REORDAIN the Ctty Code 3~3~ 2-214 2, 2-214 3 and 2-216 1 re the Virginia Public Procurement Act Voting 9-2 (By Consent) Council Members Vottng Aye Louts R Jones, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay Margaret L Eure and Reba S McClanan Counctl Members Absent None August 6, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AMEND THE CITY CODE BY UPDATING REFERENCES TO THE VIRGINIA PUBLIC PROCUREMENT ACT SECTIONS AMENDED' §~ 2-214.2, 2-214.3 AND 2-216.1 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 cost of --~-~ is ~u~ w~ --~ expected to exceed thor thousand dollars ~,~.~ as provided for and lzmited by Code of Virginia ~ 2.2-4303 (G) and (H), including future amendments thereto in one year; provided the department uses competition wherever practicable and complies with all applicable rules, regulations, 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 policies, procedures and administrative directives pertaining to procurement. (c) Ail 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 withzn 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 pzactical on all purchases and sales through competitive sealed bidding, or through any other method of procurement authorized by this or other sections. 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 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 q-~ 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), ~ 2.2-4304 (A), 11-41 2.2-4303, 11-41.1 2.2-4305, 11-41.2-2 2.2-4308, thzough 11-41.2-5, q-t--4-Z 2.2-4319, 11-43 2.2-4331, ~ 2.2-4310(A), 1~-~4.1 2.2-4320, 1~-~A5 A, ~, ~, D, .-, ~, and L 2.2- 4.344 (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, 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, 11-62.0 2.2-4349, 11-62.10 2.2-4354 through ~ 2.2-4377. 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 (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 modifzed or amended. 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 unsatisfactorV performance, including 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 cmty, 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 ten (10) days prior to the date set for receipt of bids or proposals. 88 89 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 6th day of August, 2002. CA-8270 DATA/ODIN/PROPOSED/02-214&216ord.wpd R4 June 3, 2002 Item V-I.2. ORDINANCES/RES OL UTION -21 - ITEM # 49965 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl DEFERRED INDEFINITEL Y: Ordtnance to AMEND the Parks and Recreation Commission Bylaws re quorum Vottng 11-0 (By Consent) Counctl Members Votmg Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wtlson and James L Wood Council Members Voting Nay None Counctl Members Absent None August 6, 2002 Item V-I.$. - 22 - ORDINANCES/RES OL UTION ITEM # 49966 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Or&nance to AUTHORIZE a temporary encroachment to construct storm pipes, waterhne, fence, access gate, curb and endwalls into the City's dramage easement tn behalf of General Booth Storage at 1545 General Booth Boulevard (DISTRICT 7 - PRINCESS ANNE) The foHowtng con&ttons shall be requtred 1 The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to size, ahgnment and location 2 The temporary encroachment shall termtnate upon nottce by the Ctty to the apphcant and, wtthtn thirty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wall bear all costs and expenses of such removal 3 The apphcant shall tndemmfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tnclu&ng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton arising out of the location or extstence of the temporary encroachment Nothtng heretn contained shah be construed to enlarge such permtsston and authortty to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and constructton of any encroachment by anyone other than the apphcant The apphcant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard or impede the flow of storm water The apphcant must obtatn a permtt from the Office of Development Servtces Center~Planning Department prtor to commencing any constructton wtthtn the encroachment area Prtor to tssuance of a rtght-of-way permtt, the apphcant must post surettes tn accordance wtth the project engineer's cost esttmate, to the Office of Development Servtces Center/Planmng Department 8 The temporary encroachment must conform to the mtntmum setback requtrements, as estabhshed by the Ctty The apphcant must submtt for revtew and approval, a survey of the encroachment area, certtfied by a regtstered professtonal engtneer or a hcensed land surveyor, and/or "as butlt "plans of the Temporary Encroachment sealed by a regtsteredprofesstonal engtneer, tf requtred by etther the Cay Engtneer's Office or the Engtneertng Division of the Pubhc Utthttes Department August 6, 2002 Item V-I.$. - 23 - ORDIN~INCES/RESOLUTION ITEM # 49966 (Continued) 10 The City, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any manner provtded by law for the coltectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, tf such removal shall not be made wtthtn the ttme ordered heretnabove by this Agreement, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that the temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensatton and penatttes tn any manner provtded by law for the collectton of local or state taxes Vottng 1 I-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wttson and James L Wood Council Members Voting Nay None Counctl Members Absent None August 6, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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 24-1rich storm p~pes, 15-inch storm pipes, triple 48- inch storm pipe, 8-inch waterline, fence, 10-foot access point with gate, asphalt pavement, drop ~nlet and compacted select fill, curb and endwalls into the Czty'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 rzght-of-way sub]ect 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-.Lnch storm p~pes, triple 48-inch storm pipe, 8-inch waterline, fence, 10-foot access pomnt 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' 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 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 sub3ect to those terms, conditions and criteria contained zn the Agreement between the City of Virginia Beach and 34 35 36 37 38 39 4O 41 42 General Booth Storage, Inc., (the "Agreement") which ms 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 Cmty Manager or his authorized designee execute the Agreement. Adopted by the Council of the C~ty of Virginia Beach, Virginia, on the 6th day of August , 2002. 43 44 45 46 CA-# pde]esu/encroach/Gen. Booth Storage R-1 PREPARED: 4/08/02 /~~~VED AS TO CONTENTS t/ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY ~ CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS AGREEMENT, made this /~ '-day of ,2 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 acknowledg,ed, 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 from 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 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 maintain 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 storm 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 of a right ofway 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 collect~on of local or state taxes, may reqmre the Grantee to remove the Temporary Encroachment, and if such removal shall not be made within the time ordered hereinabove by tlus Agreement, the City may impose a 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 local 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 affixed 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 CITY OF VIRGINIA BEACH (SEAL) ATTEST By City Manager/Authorized Designee of the City Manager City Clerk GENERAL BOOTH STORAGE, 1NC Michael D Sifen, President o. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of~ ,2 ,by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER My Commission Expires Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this day of ,2 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH My Commission Expires Notary Public STATE OF CITY/COIYNTY~OF , to-wit The foregoing instrument was acknowledged before me this rtl- day of ,20 o 2. , by Michael D Sifen, President, on behalf of General Booth Storage Inc My Commission Expires APPROVED AS TO CITY ATTORNEY APPROVED AS TO CONTENT AL ESTATE AGENT 4 i I I II I I I I I Il ] I [ t I I Ill [ I I ~c-~, CL~St,~ /. _.. ., , .... ~~1~ II ~ ~/' " , ..... " . ,,.v'"' m .v ~/~ J/ ......... , 24 S~U PIPE (R~)~ 7II ~111~- ~o' ~DE A~SS I : ~~ TO BE n~ ~ ~l~i ~~, /-/POINT .... ~.. '~ ~/z~//~ .......... / ~ / ~1 · ~CT R~ F~'PR~~ ~HALT il i i i ........ ~ ~ --POINT ' '~' ' ' J~' ~ E~7 MODIRED .... . ~m,~-. ~ -:-~:". I II s I '~ ~76'~ CMl ~glnaer= ~ Site Con~aotom 16B BualneH Pa~ Drip, Suite 100 ~A~: 1" - ~' dANU~Y ~, 20~2 ~rglnla B~ch, Va. 23~2 40 0 scale feet m~ ,~ , , ~ ~ , , ~ 'xx ~ / ; / r" / / / / / / / / © © O~M NECK RD. // I I I SCALE 1".1600' P iI "~ I I L, dr~ ./ LOCAT/ON MAP LOCATION MAP SHOWING / 'ENCROACHMENT REQUESTED BY GENERAL BOOTH STORAGE INTO CITY RIGHT-OF-WAY 1545 GENERAL BOOTH BLVD. NECK RD. SCALE: 1' = 200' PREPARED BY PAN ENG. DRAFT. 4-4-02 Item V-I. 4. - 24 - ORDINANCES/RES OL UTION ITEM 14 49967 Upon motton by Vtce Mayor Mandtgo, seconded by Councilman Jones, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE the Ctty Manager to execute a ProJect Cooperatton Agreement wtth the Department of the Army re constructton o fa Beach Erosion ControlHurricane Protectionproject at Sandbrtdge Beach Vottng 1 I-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 6, 2002 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 7 Capitol Improvement Program, and each year subsequent, the City Council has endorsed the concept 8 of a long-term partnership with the federal government for a beach nourishment project at Sandbridge 9 Beach (the "Project") subject to negotiation of a Project Cooperation Agreement with the Department of the Army, 11 WHEREAS, City funds for construction of the Project are to be derived from the Sandbridge 12 Special Services District and the Sandbridge Tax Increment Financing Programs established in FY 13 94-95 and FY98-99, respectively, 14 WHEREAS, the Department of the Army and City representatives have negotiated a Draft 15 Project Cooperation Agreement which would authorize the Project as previously endorsed by the 16 Council. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 19 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 21 Hurricane Protection project at Sandbridge Beach, in substantial conformity with the Draft Project Cooperation Agreement, bearing an interim date of July 26, 2002, a copy of which has been provided 2 3 to the Council and is available for public inspection in the Office of the City Clerk 2 4 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6 ~- h day of 25 August 2002 26 27 28 29 30 31 32 33 CA-8522 0rd ORDINkNONCODE\CA8522 ord Date 7/25/02 R1 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Cit~orney's Office PARTIES: PURPOSE OF PROJECT: TERM OF PROJECT: 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 FEDERAL GOVERNMENT'S OBLIGATION: CITY'S OBLIGATION: PROJECT COORDINATION: PROJECTED COSTS OVER THE 50 YEAR PROJECT: PAYMENTS: 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 ofthe 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 the second and subsequent years of periodic nourishment, the City shall pay its OPERATION, MAINTENANCE REPAIR, AND REHABILITATION: INDEMNIFICATION: TERMINATION: share for each iteration of periodic nourishment not later than 60 days prior to the beginning of the Federal Government's fiscal year (October l) 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 LProjectCooperat~onAgrmtORDSUM3 wpd PROJECT COOPERATION AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY THE 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 (hereinafter the "Government"), represented by the Principal Deputy Assistant Secretary of the Army (Civil Works), and the City of Virginia Beach, Virginia (hereinafter the "Non-Federal Sponsor"), represented by the City Manager. WITNESSETH, THAT: WHEREAS, construction of the Beach Erosion Control and Hurricane Protection Project at Sandbridge Beach in Virginia Beach, Virginia, was authorized by Section 101(22)of the 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 99-662 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 hereinafter 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, after 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 of investigations 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. of this Agreement to total financial obligations for periodic nourishment, as projected by the Government J. The term "period of initial construction" shall mean the time from the date the Government first notifies the Non-Federal Sponsor in writing, in accordance with Article VI.B. of this Agreement, of the scheduled date for issuance of the solicitation for the first contract for initial construction to the date that the U.S Army Engineer for the Norfolk District (hereina~er 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 (hereinat~er, 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, a~er 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 of a 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 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 Government 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 deter~nines 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 [5. 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. After 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 1 O0 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 interests (hereinat~er the "non-Federal share of periodic nourishment") in accordance with the provisions of this paragraph 1. In accordance with Article III of tiffs 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 noti~ 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 tiffs 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 III- LANDS, RELOCATIONS, DISPOSAL AREAS, AND PUBLIC LAW 91-646 COMPLIANCE A. The Government, at~er 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, after consultation with the Non-Federal Sponsor, shall determine the improvements required on lands, easements, and rights-of-way to enable the proper disposal of dredged or excavated material associated with the 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 nouristux~ent, 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 100o 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, rights-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 interests, as determined in accordance with the provisions of this paragraph 1. Date nf Vahmtinn. 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 oflands, 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. General Valuation Proaednre. Except as provided in paragraph B.3 of this Article, the fair market value oflands, 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, a~er 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 itl pursuant to paragraph B.2.a. of this Article. 3. Eminent Dc~main VahJaticm Prcmed~Jre. 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. Incidental Cn.qts. 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, 15 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 highway, 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, allocabflity, 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 meet 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 responsibdity 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~l in total project costs and cost shared in accordance with the provisions of this Agreement 17 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 therea~er, 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 II 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 19 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 Sponsor's cash contribution provided pursuant to Article II.B. of this Agreement during the period of initial 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 fiscal 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 21 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 ofwritten 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 ager 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 KESOLUTION 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, REPAIR, AND REHABILITATION (OMR&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 grade 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, alter 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 retnedy at law or equity to ensure faitlfful 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 incun ed 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 AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non-Federal Sponsor and the Government agree to comply with all applicable Federal and State laws and regulations, including, but not limited to, Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (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 fights 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 fights 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.I, 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 panics 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 After 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~er "CEKCLA"), 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, allocabflity, 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.for 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 aRer 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. 2B , 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-5b), 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 Report 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 Item V-I. 5. - 25 - ORDINANCES/RES OL UTION ITEM # 49968 The followtng regtstered tn SUPPORT: Mark Hamtlton, Board of Dtrectors - Croatan Ctvtc League, 544 Vanderbdt Avenue, Phone 422-1238 Tom Prttchard, Board of Dtrectors - Croatan Ctvtc League, 529 Vtrgtma Dare Drtve, Phone 422-4496 Ken Jobe, Member - Board of Dtrectors, Croatan Ctvtc League, 304 Croatan, Phone 428-0328 Alhson Swan, Prestdent- Croatan Ctvtc League, 825 S Atlanttc Avenue, Phone 425- 7708 Ronald Swan, 825 S Atlantic Avenue, Phone 425-7708 Wdham Barley, 500 Vanderbdt Avenue, Phone 428-6530 Donna Capobtanco 529 Croatan Hdls Drtve, Phone 428-0758 Rtchard Whaley 600 Chrtsttne Drtve, Phone 491-6912 Ronnte Campbell 800 ganderbtlt Avenue, Phone 428-9027 Thomas E Coghdl, 804 S Surfstde Avenue, Phone 422-6326 Mtchael Smtth, 633 Surfstde Avenue, Phone 437-5399 Norman Hecht, 520 S Atlanttc Avenue, Phone 422-2207 Dr Robert E Young, Representattve of the Ctvtc League to the Councd of Ctvtc Organtzattons, 665 Fort Raletgh Drtve, Phone 428-4758 denntfer Smtth, 633 Surfstde Avenue, Phone 43 7-5399 Mona Saferstetn, 748 Vtrgtnta Dare Drtve, Phone 422-0401 Greg Kennerly, 708 Surfstde Avenue, Phone 422-9784 Wdham Barley, 4841 Rosecrofi Street, Phone 495-0637 Davtd Ketth, 616 Surfstde Avenue, Phone 422-2039 Sean Forsyth, 768 Vtrgtnta Dare Drive, Phon 437-1525 Attorney Edward Bourdon, 720 Vtrgtnta Dare Drtve, Phone 499-8971 The followtng regtstered tn OPPOSITION, but advtsed mtstnformatton had been recetved on the Webstte www sur_flme corn Mtchael Ttpptn, 220 80th Street Robert Bolden, 1209 Daghg Drtve, Phone 382-5914 Anthony Rondeau, 1533 Galvant Drtv, Phone 721-7665 Lewts Wtnston, 5004 Cullen Road, Phone 363-8444 Wes Latne, 526Vtrgtnta Dare Drtve, Phone 435-389I Alan Beale, 601Balttc Avenue, Phone 729-0907 Davtd Jester, represented SA VE (Surfing Access for Everyone) Les Shaw, 529 Coastal Drtve, Phone 425- 7148 Upon motton by Councdman Maddox, seconded by Councd Lady Eure, Ctty Councd ADOPTED: Ordtnance to AUTHORIZE ehmtnatton of parking fees tmposed under the 2002 Camp Pendleton Beach Agreement. Vottng 11-0 Councd Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Councd Members Voting Nay None Councd Members Absent None August 6, 2002 AN ORDINANCE DIRECTING THE ELIMINATION OF PARKING FEES IMPOSED UNDER THE CAMP PENDLETON BEACH AGREEMENT OF 2002 10 11 12 13 14 15 16 17 18 19 20 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 ORDIN~NONCODE~Camp Pendleton Parking Fees.ord July 31, 2002 R2 APPROVED AS TO CONTENT- City Managers Office APPROVED AS TO LEGAL SUFFICI,ENCY: ~ Item V-I. 6. - 26- ORDINANCES/RES OL UTION ITEM # 49969 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Or&nance to A CCEPT a $I, 725, 740 grant from the Federal Emergency Management Agency (FEMA), ESTABLISH two capttal projects, APPROPRIATE $1,294,305 tn federal revenue, and, TRANSFER $154,678 from the FY 2002-03 reserve for conttngenctes to capttal projects re mitigating damage from future disasters. Votmg 11-0 (By ConsenO Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 6, 2002 AN ORDINANCE TO ACCEPT A $1,725,740 GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, 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 FOR THE PURPOSE OF MITIGATING DAMAGE FROM FUTURE DISASTERS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 6th day of ~,~,~ , 2002. CA-8573 data/noncode/Hazard Mitigation Grant.ord July 25, 2002 R12 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY City Attorne~'~ O~{ice Hazard Mitigation Grant Program I Approved Project Funding Needs and Alternative soft Hard Total Federal 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 M~ddle $163,500 $122,625 $40,875 $11,400 $29,470 i Judicial I Judicial Center $94,700 $71,025 $23,675 $23,790 $0 Pohce 12nd Precinct $237,900 $178,425 $59,475 $46,254 $13,221 Parks and recreabon Recreabon 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) Emergency Hook Up I I Total $300,000 $225,000 $75,000 $3,000 $72,000 I 1 (4) Sewer Pump Stations Quick Connect I Pubhc Ubht~es I Pump Stabons $460,440 $345,330 $115,110 $16,150 $98,855 {Total) $1,725,740 $1,294,305 $431,435 $177,902 $253,533 MICHAELM CLINE State (~'oordlnalor GEORGEW FORESMAN Deputy Coordinator COMMONWEALTH of VIRGINIA Department of Emergency Management June 28, 2002 10501 Trade Court R~chmond V~rg~ma 23236-3713 (804) 897-6500 (TOD) 674-2417' FAX (804) 897-6506 Nlr Mark Nlarchbank ProJect Manager C~ty of Vtrgtma Beach Frre Department Vtrgtma Beach Municipal Center, Building 21 2408 Courthouse Drive Vtrgtma Beach, Vtrgtnia 23456 Dear Mr. Marchbarflc Sublect: Approval for Project Work Schedule Extensions City of Vtrgmia Beach, DR-1242 Hazard Mittgataon Grant Projects The Federal Emergency IVlanagement Agency (FEMA) Region III has revaewed your request to extend the performance periods for your DR-1242 prolects. These extensions will result m an extension of the performance period for all project acQv~ty under DR-1242. Currently, the performance period for flus chsaster rs due to exptre on December 31, 2002, but an extension has been granted until September 30, 2003. The extensions for each inchv~dual project rs stated below: VA 1242-810-010 Emergency Generator Hookups New Performance Period Ends: March 31, 2003 VA 1242410-002 Londonbridge Fire Station New Performance Period Ends: June 30, 2003 VA 1242-810-003 Retrofit of Public Buildings New Performance Period Ends: September 30, 2003 VA 12424104XY7 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 aH projects withm 45 days from the end of every Federal fiscal quarter. If you have any questaons, please contact Richard Dameron, State Hazard Mltagatlon Officer, or Nhchelle Pope, Hazard Mitigation ProJect Coordinator, at (804) 897-6500, Extensions 6525 and 6523, respectively You can also reach them by facstmile at (804) 897-6526. Sincerely, l~chard O. Dameron State Hazard l~ht~galaon Officer ROD/mbp MICHAEL M CLINE State Coord,nator GEORGE W FORESMAN Deputy Coordinator COMMONWEALTH of VIRGINIA Department of Emergency Management 10501 Trade Court R~chmond. V~rgmla 23236-3713 (804) 897-6500 (TDD) 674-2417 FAX (804) 897-6506 April 5, 2001 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 $ 14t494 - Federal Administrative Funds $ 6~.~,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 information from you and your staff. Combining the projects is only the first step. I have attached a new quarterly report form and a new reimbursement request form that reflect the combination of the two projects. Please use these forms from this point on. "Worktng to Protect People, Property and Our Communittes" I MICHAEL M GLIbiE. State Coorctmatot GF_.~RGE W FORESMAN IDeouty Coord,nator COMMONWEALTH of VIRQINIA Department of Emergency Se~'zces March 31, 2000 10Ed1 Trade Ccurr Rzc~mcnct. V~r~zma 22226-37 ~ 3 (80~) G'CD) 674-7.417 FAX (gOa) 897-,'3EC6 Chief Mark Piland Fire Administration City of Virgirda Beach 2408 Courthouse Drive, Building 21 Viro~-xia Beach, Virginia 23456 RE: Award of Hazard Mitigation Grant Project, VDES HNIGP File # VA-1242-810-053 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 - Corportate Landing Elementary and Larkspur Middle Schools $ 288,750 - Federal Project Funds $ 6,664 - Federal Administrative Funds $ 295,414 - Total Federal Funds Obligated for this Project The funds indicated are the maximum possible funds to be distributed to the Ci ,ry. Total allowable project costs are $ 385,000. Reimbursement of federal project funds is 75 % of total eli~ble project costs (construction, demolition, restabili~-ation, etc.). The federal administrative funds are in addition to the federal project funds to assist you in administering the grant. All 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. ~IICHAEL M CLINE ;tate Coordinator .~EORGE W FORESMAN ;)eputy Coord,nator COMMONWEALTH of VIRGtNIA Department of Emergency Services March 31, 2000 10501 Trade Court Richmond, Virginia 23236-3713 (804)897-6500 O'DO) 674-2417 FAX (8O4) 897-65O6 Clxief Mark Piland Fire Administration City of Virginia Beach 2408 Courthouse Drive, Building 21 Virginia Beach, Virginia 23456 RE: Award of Hazard Mitigation Grant Project, VDES HMGP File # 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 - Federal Project Funds $ 7f830 - Federal Administrative Funds $ 349,080 - Total Federal Funds Obligated for this Project The funds indicated are the maximum possible funds to be distributed to the City. Total allowable project costs are $ 455,000. Reimbursement of federal project funds is 75 % of total eligible project costs (construction, demolition, restabilization, etc.). The federal administrative funds are in addition to the federal project funds to assist you in administering the grant. All other costs are the responsibility of the City. In accordance with the requirements ~r the' Haza~rd 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. MICHAELM CLINE Slate Ccordmator GF_ORGE W FORESMAN Oecut¥ Coorchnator COMMONWEALTH of Department of Emergency Services M~ch 31, 2000 Ntt. Phil Pullen PubLic Works Engineering City of Virginia Beach 2405 Courthouse Drive Virginia Beach, Viro~nia 23456 RE: Award of Hazard Mitigation Grant Project, VDES HMGP File # VA-1242-810-051 Dear Mr. PuUen: 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 - London Bridge Fire Sbation # 3 $ 94,500 $ 2,166 $ 96,666 - Federal Project Funds - Federal Administrative Funds - Total Federal Funds Obligated for this Project The funds indicated are the maximum possible funds to be distributed to the Ci ,ry. Total allowable project costs are $126,000. Reimbursement of federal project funds is 75 % of total eligible project costs (acquisition, construction, demolition, restabili?ation, etc.). The federal administrative funds are in addition to the federal project funds to assist you in administering the grant. All 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 projecl: · The City must satisfy the project approval conditions outlinec~ in the enclosed Categorical Exclusion issued by FEMA. MICHAEL M. C..LINE [:)egut? Coordinator COMMONWEALTH of VIRG. INIA Department of ~nerggncy Services March 31, 2000 Mr. Charles K. Davis, P. E. General Services Department, Building IVhint~,nance Division City of Virginia Beach Municipal Center, Building # 9 Virginia Beach, Virginia 23456 RE: Award of Hazard Mitigation Grant Project, VDES HIVIGP 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 and obligs~d flmds for the project listed below t. hzough the Hazard Mitigation Grant P~ogrmn (HlVIGP). Project Name: Emergency Generate' Hookups -S~tegic Municipal Buildings 225,000 - Federal Pr~Funds 7,000 - Federal Administrative Funds _ $ 232,000 - Total Federal Pund~ Obligated for this Project The funds indicated are the maximum FoMfble/unds to be distributed to the City. Total allowable project costs are $ 300,000. Reimbursement of federal project funds is 75 % of total eli~ble project costs (acquisition, conslruction, demolition, resiabilization, etc.). The federal administrative funds are In addition to the federal project funds to assist you in administering the grant, All other cm~ are the responsibility of the City. .. In accordance with the requirements for the H~.ard 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 FE31A. MICHAEl. M. CLINE GEORGE W. FORESMAN Oel)U ~/Go~ralnamr I COMMONWEALTH of VIRGINIA I Department of Emergency Management I 'September 1, 2000 Mr. Phil Hubbard, P. E. City of Virginia Beach Department of Public Utilities Mu.ntctpal Center VirSinta each, Virginia (e~) e97-650o ~D~) ~74-2417 FAX (6~) 697~506 RE: Award of Hazard Mitigation Grant Project. H~GP Project # 1242-810-056 Deaz ~'. I Iabbard: i i I [ am pleased to notify you t~at the Federal Emergency Management Agency and obblgated ftmds for the project listed below through (FEMA) has approved the project ~ the Hazazd Mitigation Grant Pro~,u~ (ltMGP). ....... , ............. Project Name: City of Vtrgtnfl Beach Installatton of Automatic Traz~ct Switches $ 34&330 - Federal Project Funds $ 4,60t_ - Federal Admintse~ative Costs $ .~9,9.q4 - Total l~,d~ral Fnnrln Ohlisated for this Project JJJJJlI 1., , .. As you are aware, tl~e funds indicated are the maximum possible funds to be distffmited to the City. Total allowabh project costs are $460,440. Rehnbuzsement of feaora! project funds to the City is ~as~cf on total ~ligibl~ proj~'t cost~ (h~stallation of ~ansfer switches, quick connectio~Jc?uplings, ~tc.). AH other costs are the responsibility of tlm City.. In accordance with th~ requirements for tim Hazard Mitigation Grant Program, the · ~ollowing con~ti~ apply to the p · The City must sari _sly the Cate$orical Exclusion "Working ta Prot pzoJect approval conditions ou~ in the end.ad aed by FEMA. ~t People, Property and Out' Cot~mmnifiez" [ · ~ contract/procuremdnt transact/om must be carried out in a manner consistent with {h~ancia. administrative reqturemen~s of Title 44 Code of Federal Re~flation.~ (CFR), Part 13. · l%ovide the Sta~e with a work schedule, including the milestones in the HMGP application, within 30 d ~ys of receipt of this ]e~ter. · ~i_'o_r__to- dosing on acqfiisifio~, s~ a ce~tlfi'_ed appraisal far each property i,s · Subgrantees are require to submit progress reports to the Department of · [ ' ' Il ' Emergency Services on .a quarterly basis until prolect dose-o t. The/ir~t quarterly report will be]due by Oc~ber 15. 2000. 9ce the attached Notification to Subipantees for the an~u~ al schedule for progre.ms reports. · Payments to 5ubgrante~s are made on a reimbursement basis. Reimbursements ar~ for costs to date or e~penditttres to be inctlrred within five (5) dayq of rprpilmt of funds. Payment will ~e made by electronic transfer/rom the Department of Emergency lvianal~eme~it to ytn~r 1ucallty. · The attached Nlofificali~n of Subsrantees provides guidance re§arding HMGP regulations on time extJtmsions, inspections, audits, reporting procedures, the appeal process, cost overnms, etc. Award documents enclosed with this letter · Notification Sab~antee~ Sabgmn~ .q~~ly R~port ~orm Requ~,~t for ltl~imbur~tm~nl: of Fmad~ Form · Plca.~e read ali documents ~rc/ully prior to inithtin8 you= project. Copies of the parts'of Title 44 CFR that govern this program will be provided to you upon request. My staff and I wffi be glad to assist you in any way po._~_'__~le in complying with the requirements of this program. - Ai~ain, coni~zab,l.,,tlons on a. pproval of this prc~-t. H you have any questions · o o i · , re~ardin~ this award or the unple .mentation of your proIect, please contact Mary Camp, Hazard Mitigation Program Manager, at 804-897-6500 ext. 6525. Michael M. Cline Item V-I. 7. a/b. -27- ORDINANCES/RESOL UTION ITEM # 499 70 Upon motton by Vtce Mayor Mandtgo, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Ordinances to ACCEPT and APPROPRIA TE grants from the Vtrgtnta Department of Crtmtnal Justtce Servtces re a $181,325 to the FY2002-03 operating budget for the DUI/Drug Treatment Court Program b $80,000 to the FY2002-03 operattng budget for two new Community Corrections caseworker postttons Voting I I-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Councd Members Absent None August 6, 2002 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 6t~ day of A,~gust , 2002. CA8561 ordin/noncode/drugcourtord, wpd R-1 July 19, 2002 APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~e'p~a'r t m e n t o f ,z~' · J 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 6th day of August , 2002. CA-8559 ordin/noncode/communlty corrections grant.ord July 23, 2002 RI APPROVED AS TO CONTENT- APPROVED AS TO LEGAL SUFFICIENCY- City Attorney',~Off~ · I COMMONWEALTH of VIRGINIA Leonard G Cooke D,rector Mr James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 Department of Criminal dusttce Services 805 East Broad Street. Tenth Floor Rtchrnond. V~rg~n~a 23219 June 28, 2002 [ __. ri C-I cfr"/ ~';' ,-~ (804) 786-4000 FAX (804) 371-8981 t DD~-.~. 04) 386-8732 I ! i Title' Community Corrections Dear Mr. Spore: I 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 m 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~ce Waddy, Grants Administrator, at the Department of Criminal Justice Services (DCJS) Please rewew 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 of 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) 786-1140. Yours very truly, Leonard G. Cooke Eric losures CC' Ms. Bessie L. Bell, Coordinator Ms. Patricia A. Phillips, Finance D~rector Ms. Paula Harpster, DCJS Criminal Just,ce Service Board · Commdlee on Tra,n,ng · Juvenile Justice and Dehnquency Prevent,on Adwsory Corem,tree Adv,sory Commfltee to Court Appmnted Specml Advocate and Ch,ldren's Just,ce Act Programs Private Security Serv,ces Advisory Board · Criminal Jushce Information Systems Commfltee Subgrantee-- Va Beach C~ty Grant Period-- From: 7/1/2002 Department of Criminal Justice Services 805 East Broad Street. 10th FIm}r, Richmond, VA 23219 Statement of Grant Award/Acceptance Date: June 28, 2002 Through: 6/30/2003 Grant Number-- 03-G6355CC03 Project Director Ms Besste L Bell Coordinator Commumty Corrections 2425 Nimmo Parkway Virginia Beach, Virginia 23456 Phone No: (757) 427-4689 Fax No: (757) 563-I033 Email Address: bbell~vbgov corn Project Administrator Mr James K. Spore C~ty Manager C~ty of V~rg~nia Beach Municipal Center Virginia Beach, Virgima 23456 Phone No: (757) 427-4242 Fax No: (757) 427-4135 Email Address: jspore~vbgov.com Finance Officer Ms Patricta A Phillips Finance Dtrector Csty of Virgima Beach Mumctpal Center Virginia Beach, Virg~ma 23456 Phone No: (757) 427-4681 Fax No: (757) 427-4302 Email Address: pphilhp~vbgov eom Budget Cate[~ories A. Personnel GRANT AWARD BUDGET DCJS Funds Federal General Subgrantee Match $ 0 TOTALS $ 0 $754,818 $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. [-~..-s..a-v~~ 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 Subgrantee: Va Beach City Grant Number: 03-G6355CC03 Title: Community Corrections Date: June 28, 2002 The following condztlons are attached to and made a part ofthzs grant award: I By stgnmg the Statement of Grant Award/Acceptance, the grant recipient agrees to use the grant funds to carry out the activmes described ~n the grant application, as modified by the terms and condmons attached to th~s award or by subsequent amendments approved by DCJS, to adhere to the approved budget contmned zn this award and amendments made to ~t in accord wah these terms and conditions, and to comply wah all terms, condmons and assurances either attached to this award or submztted w~th the grant applmatlon, 2 The grantee agrees to submit such reports as requested by DCJS on forms provided by DCJS. Grant funds, ~nclud~ng state and local match, may be expended and/or obligated during the grant period Ali legal obligations must be liquidated no later than 90 days at, er the end &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 w~thm 90 days after the end of the grant llquidat~on period The subgrantee agrees to submit such reports as requested by DCJS on forms provided by DCJS Funds from thzs grant wIll not be disbursed, ffany of the required Financial or Progress reports are overdue by more than 30 days unless you can show good cause for missing the repomng deadline 5. By accepting this grant, the rectpient 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 estabhshed pohcy, 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. Transportation costs for air and rail must be at coach rates 7. Within 60 days of the starting 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 DCJS 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 Comprehenszve 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 The grantee agrees to forward a copy to the DCJS of'the scheduled audit of this grant award. I! 12 13 14 All purchases for goods and servtces must comply with the Virginia Public Procurement Act. Procurement transactions, whether negotmted or advertised and wtthout regard to dollar value, shall be conducted in a manner so as to provtde maximum open and free compet~tton An exemption to th~s regulation requires the prior approval of the DCJS and ~s only given in unusual c~rcumstances. Any request for exemption must be submitted m 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 constttutes its agreement that it assumes full responstb~ltty for the management of' all aspects of the grant and the activities funded by the grant, tncludmg assuring proper fiscal management of and accounting for grant funds; assunng that personnel paid w~th grant funds are hIred, supervised and evaluated tn accord with the local government's established employment and personnel policies, and assuring that all terms, conditions and assurances--those submitted w~th the grant application, and those ~ssued w~th thIs award--are complied with. Any delegatton of responsibility for carrytng 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 ~ts acceptance of the award its ultimate responsibility for compliance with all terms, condmons 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 followmg 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 advtsory body to the local governing body on matters pertaining to local criminal justice issues The composition of the CCJB is specified m 53 1-183 of the Code of Virginia. Report any changes in membership to the Correctional Serwces Unit of the Department. 15 Local funds supplementing salaries or any other area should be shown in the match column. 16 17 18 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. All changes within budget categories of the Consultant's line are subject to the same DCJS approval process that applies to the overall grant. 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 12' 2 I. The day 22. grantee will submit grant financial and progress reports required by DCJS. These shall be submitted to DCJS on the working day following the close of each quarter. Reports are required even if no expenditures have occurred. grantee will submit monthly data reports required by DCJS. These shall be submitted to DCJS by the .12a' working of the following month. The grantee will comply with the automated data collection and case management system installation and use as directed by DCJS. Statement ol 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 ,s with,n +/- I0% of the targets, submit a letter by October 30,2002 that indicates program targets do not need to be revised. b) Revise and resubm,t budget narrative that matches totals in budget itemization forms for community corrections c) Rev,se and resubmit target forms for FY03 and FY04 with the following changes a Reduce ALOS for mlsdemeanants 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 Pubhc Inebriate activity g) 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 The additional funds awarded for this project may not be used to replace local funds contributing to this project. Item V-I. 8. - 28 - ORDINANCES/RES OL UTION ITEM # 499 71 Upon motton by Vtce Mayor Man&go, seconded by Councilman Jones, Ctty Counctl ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $115, 000 grant from the Untted States Environmental Protectton Agency (EPA) to the Comprehenstve Emergency Response and Planntng-Phase I to help safeguard the water supply agatnst terrorist attacks Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Richard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 6, 2002 9 10 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 13 vulnerability assessment against a terrorist or other intentional 14 act intended to substantially disrupt the ability of the system to 15 provide a safe and reliable supply of drinking water. 16 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 6th day of A~g~ , 2002. CA-8558 Ordin/Noncode/Water Supply Grant July 23, 2002 RI APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Serv~ce~ Law Department~,// ~ Item V-I. 9. - 29- ORDINANCES/RES OL UTION ITEM # 499 72 Upon motton by Vice Mayor Man&go, seconded by Councilman Jones, City Council ADOPTED: Ordtnance to ACCEPT and APPROPRIATE $81,849 from the US Department of Transportatton, Federal Htghway Admtntstratton re destgn and constructton for the Norfolk Avenue Multipurpose Trail Vottng 11-0 (By Consent) Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 6, 2002 10 11 12 13 14 15 16 17 18 19 20 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 #4-001, 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 6th day of August , 2002. CA-8562 ordin/noncode/Norfolkaveord.wpd R2 July 24, 2002 Approved as to Content Management -~r Approved as to Legal Sufficiency- Department o~aw / v -- Item V-I. I O. - 30- ORDINANCES/RES OL UTION ITEM it 499 73 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, City Counctl ADOPTED: Ordtnance to APPROPRIATE $69,750from the Mental Health/Mental Retardatton/Substance Abuse Servtces (MH/MR/SA) spectal revenue fund to the MH/MR/SA FY2002-03 operatmg budget re relocatton of a respite program for chtldren wtth disabilities Votmg 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 6, 2002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 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 6th day of Auqust , 2002. CA-8574 data/noncode/MH-Skillquest.ord.wpd July 25, 2002 R3 APPROVED AS TO CONTENT: Management Ser~ices APPROVED AS TO LEGAL SUFFICIENCY: ~ty Attorn~~ O{ Item V-J. 1. - 31 - ORDINANCES/RES OL UTION ITEM # 499 74 Upon motion by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Resolutton to AUTHORIZE the FY2002-03 Performance Contract between Vtrgtnta Beach Communtty Servtces Board (CSB) and Vtrgmta Mental Health/Mental Retardation~Substance Abuse Servtces (MH/MR/SA) Voting 11-0 (By Consent) Counctl Members Voting Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 6, 2002 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 WHEREAS, the Commonwealth of Virginia makes funding 8 available for mental health, mental retardation and substance 9 abuse services provided by local community boards; 10 WHEREAS, pursuant to Code of Virginia ~37.1-198, this 11 annual funding is governed by a performance contract, entered 12 into between the Virginia Department of Mental Health, Mental 13 Retardation and Substance Abuse Services ("DMHRSAS") and local 14 community services boards; 15 WHEREAS, in compliance with Code of Virginia i~37.1-198, 16 a proposed contract between the Virginia Beach Community Services 17 Board ("CSB") and DMHRSAS has been completed, which will provide 18 $ 18,238,537 in state-controlled and performance contract funds 19 to the CSB (including local match); 20 WHEREAS, public comment on the contract was solicited 21 for thirty days, and at its July meeting the CSB voted to 22 recommend the contract for approval by the City Council. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 27 28 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. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 6th day of August , 2002. CA-8556 Ordin/Noncode/Performance Contract.res July 25, 2002 R2 APPROVED AS TO CONTENT- ~Board APPROVED AS TO LEGAL SUFFICIENCY' City Atto~'ne~s OfFice 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 Outpabent Serv ~ces $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 Serv;ces $1,233,597 21,580 Hours 1,250 Alternative Day Support $74,174 1,450 Hours 18 Rehab~l~tabon $1,149,910 111,918 Hours 300 Trans~bonal/Supported Em ployment $ 81,463 1,362 Hours 55 Supervised Services (Residential 551) $ 696,054 15,990 Bed Days 59 Supportive Services (Res~denbal 581 ) $273,528 5,859 Hours 150 D~scharge Assistance ProJect ' $297,109 Various Umts 7 Children with SED Non-CSA Mandated $306,485 Var;ous Umts 40 Mental Retardation Case Management Services $549,960 9,464 Hours 197 Rehab~l~tabon $164,870 6,374 Hours 8 Family Support $166,988 N/A 378 Supportive Services (Residential) $307,779 10,920 Hours 15 Early Intervenbon $49,342 1,456 Hours 46 Supported Em ployment $552,157 11,284 Hours 117 Supervised Serv;ces $35,520 715 Bed Days 2 H~ghly Intensive Residential $602,810 2,308 Bed Days 8 Waiver & State plan Option Serv ~ces $6,151,524 Various Units 434 Non-Waiver Consumer Support Services $38,151 1,590 Hours 6 *B~llable Un~ts as Def ~ned 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 H~ghly Intensive (Res~denbal) $393,471 1,095 240 Intensive (Residential) $140,775 2,555 70 Ja~l-Based Hab;litat~on $236,486 21,535 340 Superv;sed Services (Res~denbal) $509,800 3,650 15 Facility Admission D~vers~on Project $111,439 Various Umts 50 Prevention $890,490 14,687 N/A Administration Admimstrative Support 2,295,299 I N.A I N A Item V-J. 2. - 32 - ORDINANCES/RES OL UTION ITEM ii 499 75 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones, Ctty Counctl ADOPTED: Resolutton to AUTHORIZE Pubhc Works and the Purchasing Agent to obtatn State approval re a Construction Management Contract on the Pavilion Theater replacement project Voting 11-0 (By ConsenO Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jim Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Councd Members Vottng Nay None Counctl Members Absent None August 6, 2002 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 10 11 12 13 14 15 16 17 18 19 20 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. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of August , 2002. CA-8555 ORDINkNONCODEkpavilionres. wpd R-4 July 26, 2002 APPROVED AS TO CONTENT- 6blic Wo~ APPROVED AS TO LEGAL SUFFICIENCY' Department of ~- ! ~ Item V-K. 1. - 33 - APPOINTMENTS ITEM # 499 76 B Y CONSENSUS, Ctty Counctl RESCHEDULED the followtng APPOINTMENTS: CHESAPEAKE BAY PRESER VA TION AREA BOARD DE VEL OPMENT A UTHORI TY HUMAN RIGHTS COMMISSION PARKS AND RECREATION COMMISSION PERSONNEL BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COIG) SOCIAL SER VICES BOARD TOWING AD VISOR Y BOARD VIRGINIA BEACH/JAMESTOWN 2007 STEERING COMMISSION August 6, 2002 - 34- Item V-K.2. APPOINTMENTS ITEM # 49977 Upon NOMINATION by Vtce Mayor Man&go, Ctty Counctl APPOINTED: James L. Wood; 7/1/02 - 6/30/04 HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Voting Nay None Counctl Members Absent None August 6, 2002 Item V-K.$. APPOINTMENTS - 35- ITEM # 499 78 Upon NOMINATION by Vtce Mayor Man&go, Ctty Counctl APPOINTED Charles "Cory" F. McCallum, III 7/1/02 - 6/3 0/05 HEAL TH SER VICES AD VISOR Y BOARD Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 6, 2002 I~em V-K.P. - 36- APPOINTMENTS ITEM # 499 79 Upon NOMINATION by Vtce Mayor Man&go, Ctty Counctl REAPPOINTED: William D. Sessoms, Jr. 7/1/02 - 6/3 0/04 APPOINTED Richard A. Maddox 7/1/02 - 6/3 0/04 TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members I,'ottng Nay None August 6, 2002 Item V-M. 1. -37- NE W BUSINESS ITEM # 49980 B Y CONSENSUS CITY CLERK TO RECORD ABSTRACT OF CIVIL CASES RESOLVED - July 2002 August 6, 2002 - 38- ITEM # 49981 Mayor Meyera E Oberndorf entertatned a motton to permtt City Counctl to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of l/trgtnta, as amended, for the followtng purpose PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where discussion tn an open meeting would adversely affect the bargatntngposttton or negottattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) Acqutsttton Princess Anne Dtstrtct Baystde Dtstrtct Vtrgtnta Beach Dtstrtct LEGAL MATTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 2-3771(A)(7) Cox Cable Franchtse Upon motton by Counctlman Jones, seconded by Vtce Mayor Mandtgo, Ctty Counctl voted to proceed into CLOSED SESSION. Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None (8:17 P.M. - 9:38 P.M.) August 6, 2002 - 39- ITEM # 49982 Mayor Meyera E Oberndorf, RECONVENED the FORMAL SESSION of the VIRGINIA BE'ICH CITY COUNCIL tn the Ctty Counctl Conference Room, City Hall Butldtng, on Tuesday, August 6, 2002, at 9 38 PM Council Members Present Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vtce Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Absent None August 6, 2002 - 40- CER TIFICA TION OF CLOSED SESSION ITEM # 49983 Upon motton by Vtce Mayor Man&go, seconded by Counctlman Jones Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc busmess matters lawfully exempted from Open Meetmg requtrements by Vtrgtnta law were &scussed tn Closed Sesston to which thts cert{ficatton resolutton apphes, AND, Only such pubhc bustness matters as were tdent{fied tn the motton convenmg the Closed Session were heard, &scussed or constdered by' Vtrgtnta Beach Ctty Council Vottng 11-0 Counctl Members Vottng Aye Margaret L Eure, Louts R Jones, Reba S McClanan, Rtchard A Maddox, Vice Mayor Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Jtm Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wdson and James L Wood Counctl Members Vottng Nay None Counctl Members Absent None August 6, 2002 .o~ OL/R #~~°~ RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The V~rglnia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 49981, page 39, and ~n accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 2-3711(A) of the Code of Virg~ma reqmres a certification by the governing body that such Closed Session was conducted ~n conformity with Vlrg~ma law. NOW, THEREFORE, BE IT RESOLVED: That the Vlrg~ma Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rglma law were discussed ~n Closed Session to which this certification resolution applies; and, (b) only such public business matters as were ~dentified ~n the motion convening th~s Closed Session were heard, discussed or considered by V~rg~ma Beach City Council. City Clerk August 6, 2002 - 41 - Item V-N ITEM # 49984 AD JO URNMENT Mayor Meyera E Oberndorf DECLARED the Cay Counctl Meeting ADJOURNED at 9:40 P.M. Hooks, CMC Chtef Deputy Ctty Clerk h~Ru~Hodges Smtth, MMC Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta August 6, 2002 City of Virginia Beach OFFICE OF THE CITY MANAGER (757) 427-4242 FAX (757) 427-4135 TDD (757) 427-4305 August 2, 2002 MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9001 The Honorable Mayor and Members of Councd RE: Croatan Parking Dear Mayor and Councdmembers. The agenda for August 6, 2002 includes an ordinance which, if approved as proposed, will eliminate the current fees charged for parking in the public lot at the south end of the Croatan neighborhood. The purpose of the proposal ~s to encourage greater utilization of this pubhc facility thereby reducing ~mpacts on the neighborhood which are associated with on-street parking Currently, the parking lot is rarely full whde the on-street parking frequently reaches maximum utilization. This has resulted in significant traffic and behavioral related community impacts. Additionally, this proposal will eliminate cost to the public for access to beach parking. As part of the plan to encourage better use of the public parking lot, we plan additional restrictions on the hours of allowed on-street parking as well as elimination of some on-street parking in immediate proximity to the parking lot (about 37 spaces). Included with this memo are two maps- one depicts existing parking restrictions and the other displays the planned revisions. On Tuesday I will present a bnefing which provides more detail on this proposal Should you have questions in the meantime, please do not hesitate to call me. S~ncerely, C Oral Lambert, Jr Chief Operating Officer COLjr/kma Attachment CC: James K Spore Les Lilley /! /? / Lake Wesley / ? ? // ~ ~, EX]STING PARIONG ANY'nME EXISTING PARJONG (NO PAmONG AFTER DARK) E~ST1NG NO PA~ONG ANY TIME BIK~ SIGN NUMBER OF PARK]NO SPACES EXIb'TING AVAIl. ABLE PARKING SPACES EAST OF VII~dNIA DARE DR. - 161 TOTAL EX~TING AVMLABLE PARKING SPACI~ IN CROATAN ~. ,~0 ooo ! LOT "J~ FEE PARIGNG OPEN' 8 A.M //o ,. © :A~P DENDLETDN EXISTING PARKING CROATAN B~CH ii ol/ '..,.o ! i/ / / i i / I i / / i i I / ;;' ~ke Wesley / ii '/.... , I/ /i ii //-!i ,/, NUMBER OF PAmaNG SPACES AVAILABLE PAIIIGNG SPACES EAST OF VIRGINIA DARE DK, - 124 TOTAL AVAILABLE PMiI(ING SPACES IN CROATAN - 463 j , , . . , ',, ,. ...,/ · ~ ~ , r · , \ x ANYTIME ooo PARIgNG (NO PARKING 7'00 P,M. * g 30 A.M ) NO PARKING ANYTIME ~o~,~T¥ o~ ~-tP P~-NDLETON BIKE SIGN ~ PARKING LOT "~ FREE PARKING ,~ OPEN: 6 A,M. - 8:00 MAP # 2 ^LIFRNAIIVF PARKING PLAN \i @ CROATAN BEACH