Title
Resolution Authorizing the Execution of an Access Agreement Between the City of Hampton and the United States Navy to Access the Mill Creek Pier Located Behind the Fort Monroe Community Center at 100 Stillwell Road
Purpose
PURPOSE/BACKGROUND:
The United States Navy, through the Commanding Officer, Naval Facilities Engineering Systems Command, Mid-Atlantic (the “Navy”) desires to access the Mill Creek Pier (the “Pier”, located behind the Fort Monroe Community Center, to support military training exercises. The City Attorney’s Office coordinated with the Fort Monroe Authority (FMA) and the Virginia Marine Resources Commission (VMRC) and all parties determined that the City was the appropriate party to execute an Access Agreement with the Navy. Both FMA and VMRC have reviewed the Navy’s proposed use and do not have any concerns.
According to information provided by the Navy, the purpose of the military training exercises is to evaluate underwater transit to target areas, execute mission task, and underwater transit to extraction location. The Pier will be used to suspend a “target plate” (1’x3’x1/8” steel) approximately 3 feet below waterline; it is secured to the Pier by 1’ nylon line. Swimmers will approach the plate underwater and attach a small magnet to plate. Once swimmers have attached their magnets, they depart the area and head south to get picked up by boats. Under normal conditions, no swimmers will depart the water at the Pier. There are no current hard dates set in place for the proposed training(s). However, the Navy intends to be excellent neighbors and to provide notice well in advance. There trainings will be subsurface and will take place during nightfall with minimal to no civilian interaction anticipated.
There are no payments associated with the Access Agreement. The term of the Access Agreement is for a total of five years; however, the Navy’s use of the Pier may not exceed a total of sixty days within that five-year term. To schedule use of the Pier, the Navy shall provide the City sixty days’ notice of the date the Navy desires to use and will coordinate with the City to address any scheduling, safety, or related concerns regarding the date request. Either party may terminate the Access Agreement at any time with one hundred- and eighty-days’ notice to the other party.
Pursuant to Code of Virginia Section 15.2-1800(B)(i), no public hearing is required for real property leased to another public body.
Discussion:
See Purpose/Background above.
Impact:
Support of military partners in the region.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, the City leases from the Fort Monroe Authority (“FMA”) the recreational facility located at 100 Stilwell Road, which is adjacent to a body of water known as Hampton Mill Creek;
WHEREAS, the City, in cooperation with FMA, obtained permission to construct a pier over the state waters of Mill Creek that attaches to land directly behind the recreational facility;
WHEREAS, the City is the owner of that certain pier located on Hampton Mill Creek (the "Mill Creek Pier"), and fixed and adjacent to the recreational facility leased by the City;
WHEREAS, the United States Navy, by and through the Commanding Officer, Naval Facilities Engineering Systems Command, Mid-Atlantic (the “United States Navy”), desires access to the Mill Creek Pier for military training exercises;
WHEREAS, Parks, Recreations & Leisure Services staff has determined that it is in the best interest of the City and the community to allow the United States Navy to access the Pier;
WHEREAS, the Council has determined that the terms and conditions of the Access Agreement are acceptable; and
WHEREAS, pursuant to Code of Virginia Section 15.2-1800(B)(i), no public hearing is required for real property leased to another public body.
NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, that it approves the Access Agreement with the United States Navy to access the Mill Creek Pier located behind the Fort Monroe Community Center at 100 Stillwell Road; and accordingly, the City Manager, or her authorized Designee, is hereby authorized to execute and deliver to the United States Navy, the Access Agreement in substantially the same form as attached hereto, upon approval by the City Attorney.