APRIL 4, 2006 AGENDA
CITY OF VIRGINIA BEACH
ACOMMUNITY FOR A LIFETIME@
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District-l
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District 1
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA. At-Large
ROSEMARY WILSON. At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
4 APRIL 2006
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE.'(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
I.
CITY MANAGER'S BRIEFING
- Conference Room -
3:30PM.
A. TOWING
Charles W. Meyer, Chief Operating Officer
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V.
INFORMAL SESSION
- Conference Room -
4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Robert Cooper
Francis Asbury United Methodist Church
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
March 28, 2006
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. RESOLUTION/ORDINANCES
1. Resolution REFERRING to the Towing Advisory Board for recommendation by April
25,2006 an ordinance AMENDING City Code Sections 21-422, 426, 429 and ADDING
Section 21-422.1 and use of tow truck services to enforce parking restrictions on private
property
2. Ordinance to AMEND Section 2-224.1 through 2-224.8 of the City Code re Minority
participation in City contracting
3. Ordinances to AUTHORIZE temporary encroachments:
a. JAMES A. and JEAN W. ALEXANDER to maintain a fence, wood walk and
deck within the five-foot (5') portion of the City's Easement at 2411 Ketch Court
(DISTRICT 5 -LYNNHAVEN)
b. CRAIG A. ROSENBERG, CONSTRUCTION SERVICES and
MANAGEMENT, LLC to construct and maintain a driveway and two (2)
vehicular crossing signs re development of this lot and providing ingress/egress
across the bike path within the City's property and right-of-way at Norfolk
Avenue (DISTRICT 6 - BEACH)
.
4. Ordinance to ACCEPT and APPROPRIATE a $75,000 grant from the Virginia Department
of Historic Resources to the FY 2005-2006 operating budget of the Convention and Visitors
Bureau re reimbursing expenses for the 2005 Rock 'n' Roll Half Marathon
J. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASK FORCE
OCEANA LAND USE CONFORMITY COMMITTEE
SHORE DRIVE ADVISORY COMMITTEE - SDAC
SOCIAL SERVICES BOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
MAY 2, 2006 CITY COUNCIL SESSIONS
CANCELLED RE
COUNCILMANIC ELECTION
2006 BUDGET SCHEDULE
April 11 (Workshop)
April 18 (Workshop)
April 20 (Workshop)
April 20 (public Hearing)
April 25 (Workshop)
April 25 (Public Hearing)
May 3 (Reconciliation Workshop)
May 9 (City Council Action)
Council Conference Room
Council Conference Room
Convention Center at 3:00 p.m.
Bayside High School at 6:30 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room at 3:00 p.m.
Council Chamber
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
* * * * * * * * * * *
Agenda 03/30/06 gw
www.vbgov.com
I. CITY MANAGER'S BRIEFING
- Conference Room -
3:30PM.
A. TOWING
Charles W. Meyer, Chief Operating Officer
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
v. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
4:30 PM
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Reverend Robert Cooper
Francis Asbury United Methodist Church
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
March 28, 2006
G. AGENDA FOR FORMAL SESSION
R CONSENT AGENDA
.tsolutiou
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
I. RESOLUTION/ORDINANCES
1. Resolution REFERRING to the Towing Advisory Board for recommendation by April
25,2006 an ordinance AMENDING City Code Sections 21-422, 426, 429 and ADDING
Section 21-422.1 and use oftow truck services to enforce parking restrictions on private
property
2. Ordinance to AMEND Section 2-224.1 through 2-224.8 of the City Code re Minority
participation in City contracting
3. Ordinances to AUTHORIZE temporary encroachments:
a. JAMES A. and JEAN W. ALEXANDER to maintain a fence, wood walk and
deck within the five-foot (5') portion of the City's Easement at 2411 Ketch Court
(DISTRICT 5 - L YNNHA VEN)
b. CRAIG A. ROSENBERG, CONSTRUCTION SERVICES and
MANAGEMENT, LLC to construct and maintain a driveway and two (2)
vehicular crossing signs re development of this lot and providing ingress/egress
across the bike path within the City's property and right-of-way at Norfolk
Avenue (DISTRICT 6 - BEACH)
4. Ordinance to ACCEPT and APPROPRIATE a $75,000 grant from the Virginia Department
of Historic Resources to the FY 2005-2006 operating budget of the Convention and Visitors
Bureau re reimbursing expenses for the 2005 Rock 'n' Roll Half Marathon
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Referring to the Towing Advisory Board an Ordinance to
Amend the City Code Pertaining to Use of Tow Truck Service to Enforce
Parking Restrictions on Private Property
MEETING DATE: April 4, 2006
. Background: Legislation recently passed by the General Assembly and which
the Governor is expected to sign into law will enable City Council, by ordinance, to
enhance its regulation of nonconsensual tows from private property. The City
Attorney's Office has prepared an ordinance that incorporates provisions of this
legislation.
. Considerations: State law requires that the City's Towing Advisory Board
review proposed ordinances pertaining to the use of tow truck services to enforce
parking restrictions on private property. This resolution refers the ordinance to the
Towing Advisory Board and directs the board to provide City Council with its advice
during City Council's meeting on April 25, 2006
. Public Information: This ordinance will be advertised in the same manner as
other items on City Council's agenda.
. Attachments: Resolution and proposed ordinance.
Recommended Action: Approval
Requested by Councilmember Maddox
City Manager:
C:\Documents and Settings\ringram\Desktop\blank an.doc
REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX
1
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A RESOLUTION REFERRING TO THE TOWING
ADVISORY BOARD AN ORDINANCE TO AMEND THE
CITY CODE PERTAINING TO USE OF TOW TRUCK
SERVICE TO ENFORCE PARKING RESTRICTIONS ON
PRIVATE PROPERTY
WHEREAS, state law requires that the City's Towing Advisory
8 Board review proposed ordinances pertaining to the use of tow
9 truck services to enforce parking restrictions on private
10 property;
11
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13
That the above-entitled ordinance, a copy of which is
14 attached hereto, as well as such additional materials as are
15 provided to City Council at its briefing on April 4, 2006, are
16
hereby
referred
to
the
Towing
Advisory
Board
for
its
17 consideration and advice. The Towing Advisory Board is directed
18 to convene a meeting and review the ordinance in time to provide
19 City Council with its advice during City Council's meeting on
20 Ap r i 1 25, 2006 .
Adopted by the Council of the City of Virginia Beach,
Virginia on the
day of
, 2006.
APPROVED AS TO LEGAL
SUFFICIENCY:
;:?~ ~
City Attorney's Office
CA-9973
H:\PA\GG\OrdRes\TAB.res.doc
R-l
March 30, 2006
REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
2 TO USE OF TOW TRUCK SERVICE TO ENFORCE PARKING
3 RESTRICTIONS ON PRIVATE PROPERTY
4 SECTIONS AMENDED: ~~ 21-422, -426, and -429
5 SECTION ADDED: ~ 21-422.1
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8
That Sections 21-422, -426, and -429 of the City Code are
9 hereby amended and reordained, and section 21-422.1 is hereby
10 added, to read as follows:
11 Sec. 21-419. Definitions.
12
Unless a different meaning lS required by the context, the
13 following terms, as used in this division, shall have the meaning
14 hereinafter respectively ascribed to them:
15 Custodian means any person who is in possession and control of
16 a vehicle whether or not such person is the registered owner of the
17 vehicle. A person who is in possession of the ignition key to a
18 vehicle, and who is also in possession of a valid driver's license,
19 shall be deemed to be the "custodian" of such vehicle.
20 Decal-controlled parking area means a parking area in which
21 parking is limited to vehicles on which a decal, sign, placard or
22 similar authorization issued by the owner, lessee or agent of the
23 parking area is conspicuously displayed.
24 Operator means any person operating a tow truck for a tow
25 truck service.
26 Tow truck service means a person engaged in any business which
27 provides the services of one or more tow trucks for hire or use to
28 tow, transport or move motor vehicles on or from public streets or
29 on or from private property by way of public streets.
30 Tow truck service storage yard means any property, including
31 the premises of any service station, upon which vehicles are stored
32 that have been towed from privately owned lots or property at the
33 request of the owner, lessee or agent of such lot or property and
34 without the consent of the owner of the vehicle towed.
35 Sec. 21-420. Applicability of division.
36 The provisions of this division shall apply only to tow
37 services which tow vehicles on or from privately owned lots or
38 property, at the request of the owner of such lot or property and
39 without the consent of the owner of the vehicle towed.
40 Sec. 21-421. Violations of division.
41 (a) It shall be unlawful for any person to violate or refuse,
42 fail or neglect to comply with any of the provisions of this
43 division. Each day that a continuing violation of the provisions of
44 any section of this division occurs shall constitute a separate
45 violation.
46 (b) Any person violating any provision of this division shall
47 be guilty of a Class 1 misdemeanor.
48 Sec. 21-422. Signs required on property.
49
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(a) Each owner of private property having parking facilities
accessible to the public, and offering parking to its customers,
clientele, residents, lessees or guests, who intends to enforce
parking restrictions by the use of a tow truck service, shall post,
at each point of ingress and egress to the parking area, clearly
legible signs, visible and unobstructed day and night upon entering
the parking area, that contains the following wording and sets
forth the hours of enforcement:
PRIVATE PARKING
NAME OF BUSINESS
RESIDENTS/CUSTOMERS/CLIENTELE/
LESSEES/GUESTS ONLY
TOWING ENFORCED
HOURS OF ENFORCEMENT
Unauthorized cars towed at owner's expense: $
day or night.
Call (telephone number of tow truck service) for location and
information concerning return of car if towed. With respect to
retail establishments, this sign shall also contain the wording
"WHILE ON THE PREMISES" following the wording "CUSTOMERS ONLY."
Finally, this sign or an accompanying sign shall indicate whether
the parking area is decal-controlled and shall contain ~the name
and telephone number of any contracted towing service; and (2) the
wording "FOR ASSISTANCE, CONTACT THE CITY'S PUBLIC INFORMATION
OFFICE AT 311."
73 (b) The signs required by this section shall be at least
74 thirty-six (36) inches in width and thirty (30) inches in height.
75 Lettering for the capitalized words shall be at least three (3)
76 inches in height and, for all other lines, at least one and one-
77 half (I 1/2) inches in height. The face of the sign shall be
78 composed of an engineering grade reflectorized sheeting or like
79 material. The name of the business may be on a separate sign, but
80 must be adjacent to the primary sign containing the information
81 required by this section. The provisions of subsection (a) above
82 shall be applicable to any parking area located on private property
83 including parking areas of apartment houses, condominiums and
84 nonprofit organizations.
85 (c) In addition to the provisions of subsections (a) and (b)
86 above, if towing is enforced twenty-four (24) hours a day, the sign
87 or signs required by this section shall include the wording "TOWING
88 ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least three
89 (3) inches in height. In the al ternati ve, an accompanying sign
90 containing this wording in letters of the same height may be placed
91 adjacent to each sign required by subsection (a) above.
92 (d) Vehicles may be towed from designated fire lanes approved
93 by the fire department on private parking areas open to the public
94 on which are posted signs as required by subsection (a) above,
95 provided that such fire lanes are properly marked, including the
96 posting of above grade signs stating FIRE LANE-TOWING ENFORCED.
97
(e)
It shall be unlawful for any tow truck service or
98 operator to tow or otherwise move a vehicle from any privately
99 owned land or property wi thin the city, unless such land or
100 property is properly signed in accordance with this section.
101
(f) An owner or operator of private property who enforces
102 parking restrictions on the property by use of a tow truck service
103 shall offer a copy of the survey and comment form developed by the
104 Towing Advisory Board to anyone who contacts the owner, operator,
105 or any employee or representative of the owner or operator,
106 regarding a vehicle that has been towed or released after hookup
107 from the owner's property.
108 CONmdENT
1 0 9 This amendment requires an owner or operator of private property (including commercial
110 parking lots and businesses that provide parking for customers) on which parking restrictions are
111 enforced by use of a tow truck service to include contact information for the City's Public Information
112 Office on the signs that are required to be posted at each point of ingress and egress to the parking area.
113 The amendment also requires businesses to offer a towing survey and comment form to anyone who
114 contacts the business regarding a vehicle that was towed or released after hookup from the business's
115 parking lot or area.
116
117 Sec. 21-422.1 Written authorization required
118 No tow truck service or operator shall remove any trespassing
119 vehicle from private property without first obtaining, at the time
120 the vehicle is towed, specific written authorization of the owner
121 of the property from which the vehicle is towed, or the owner's
122 agent. Such written authorization shall identify the vehicle to be
123 towed and shall be in addition to any written contract between the
124 tow truck service and the owner of the property or his agent. For
125 purposes of this subsection, "agent" shall not include any person
126 who either (i) is related by blood or marriage to the tow truck
127 service or operator or (ii) has a financial interest in the tow
128 truck service's business.
129 CO~NT
13 0 This amendment requires tow truck services to obtain specific written authorization of the
131 property owner or agent before towing a trespassing vehicle from the property. This written
132 authorization will identify the specific vehicle to be towed. This provision should curtail the practice of
133 "predatory cruising" by tow truck operators. Additionally, ifthe property owner's agent is related to
134 the tow truck service or operator or has a financial interest in the tow truck service's business, the agent
135 is not permitted to authorize towing from the property.
136
137 Sec. 21-423. Business license requirements; identification of tow
138 trucks.
139
(a) No tow truck service or operator shall remove any vehicle
140 from public or private property unless the tow truck service
141 possesses a valid business license issued in accordance with
142 Chapter 18 of this Code.
143
(b) All tow trucks operated by a tow truck service shall
144 display the name, address and telephone number of the owner thereof
145 on both sides of the tow truck on permanently mounted signs or
146 painted directly on the body of the truck in reflectorized letters
147 large enough to be readily legible, but in no case less than two
148 (2) inches in height. It shall be unlawful to operate a tow truck
149 displaying an incorrect name or address, or a telephone number
150 which is incorrect or not in service.
151
Sec. 21-424.
Release of vehicle to owner or custodian prior to
152 towing.
153 (a) If the owner or custodian of any vehicle not authorized
154 to be parked in a private parking area returns after a tow truck
155 service has arrived but before the vehicle has been towed from the
156 private parking area, he may reclaim the vehicle whether or not it
157 is fully hooked up to the tow truck, and it shall be unlawful for
158 the tow truck service or operator to refuse to release the vehicle.
159 However, if the vehicle has been hooked up, or is in the process of
160 being hooked up, the tow truck operator may charge a drop fee not
161 to exceed twenty-five dollars ($25.00) before releasing the vehicle
162 or discontinuing the towing process. The process of hooking up
163 shall be defined as (i) the removal and/or unreeling of any towing
164 equipment from the tow truck after the truck is positioned to
165 effect the tow, whether or not the equipment has been attached to
166 the vehicle, or (ii) the lowering of a hydraulically-operated lift
167 in preparation for loading the vehicle.
168 (b) If the owner or custodian is unable or refuses to pay the
169 fee set forth in subsection (a) above, the vehicle may be towed and
170 the tow truck service may charge its basic fee for the tow.
171 Whenever a vehicle is towed under these circumstances, the tow
172 truck operator shall permit the owner or custodian to remove
173 personal items from the vehicle prior to the tow.
174 (c) No tow truck operator shall request payment of the fee
175 set forth in subsection (a) above or tow any vehicle thereafter if
176 the charge is not paid unless he shall first provide to the owner
177 or custodian of the vehicle a copy of this section. The tow truck
178 operator, upon receiving such payment, shall provide to the owner
179 or custodian a legible receipt containing the name of the towing
180 service, the date, time and place of vehicle release, and the name
181 of the tow truck operator. A copy of the receipt shall be retained
182 by the tow truck service for a period of one (1) year and shall be
183 made available for inspection by city police or the commissioner of
184 the revenue during the normal business hours of the tow truck
185 service.
186 (d) Notwithstanding any provision of this section to the
187 contrary, if a police officer determines that a vehicle is needed
188 as evidence in a criminal matter, or concludes that, based upon
189 surrounding circumstances, the failure to release a vehicle is
190 likely to result in a disturbance of the public peace and good
191 order, such officer may order release of the vehicle without
192 immediate payment by the owner or custodian thereof of the fee set
193 forth in subsection (a) above; provided, however, that nothing
194 herein shall preclude a tow truck service or operator from civilly
195 pursuing payment of such fee at a later date from the owner or
196 custodian of the vehicle, or from the owner, lessee or agent of the
197 parking area.
198 Sec. 21-425. Police to be notified of removal of vehicle.
199
(a) At the time of removal of any vehicle by a tow truck
200 service operator, or no later than thirty (30) minutes thereafter,
201 the police dispatcher shall be notified of such removal, specifying
202 the location of the storage yard to which the vehicle will be towed
203 and the telephone number which the owner should call to reclaim the
204 vehicle. The police dispatcher shall be given the license number
205 and state of issuance of the license and, if known, the vehicle
206 identification number and the make, model, and year of the vehicle
207 towed or to be towed.
208
(b)
If notified by the dispatcher or any law enforcement
209 officer that the vehicle is subject to seizure by law enforcement
210 authorities for evidentiary purposes, the tow truck operator or
211 towing service shall forthwith relinquish the vehicle to such
212 authorities and shall not be entitled to recover any costs or fees.
213
Sec. 21-426.
Charges for towing and storage of vehicle; receipt
214 required.
215
(a) No tow truck service or operator operating within the
216 city shall, at any time, charge a basic towing fee greater than the
217 fees set forth below:
218 TABLE INSET:
Gross weight of vehicle Maximum fee
11,000 pounds or less $ 85.00
11,001 pounds or more 285.00
219 The basic fee shall be inclusive of any additional towing services
220 such as the use of a dolly. This subsection shall apply only when a
221 vehicle is moved or towed without the prior consent and agreement
222 of the owner or custodian of the vehicle.
223 (b) No tow truck service or operator shall assess any charges
224 for storage for the initial twenty-four (24) hours, nor charge more
225 than twenty dollars ($20.00) per twenty-four-hour period
226 thereafter, for any vehicle with a gross weight of 11,000 pounds or
227 less removed from private property without the consent of the owner
228 or custodian of the vehicle, whether such tow originates in this
229 city or any other jurisdiction. For vehicles with a gross weight of
230 more than 11,000 pounds, a storage fee not to exceed twenty dollars
231 ($20.00) per twenty-four-hour period may be assessed after the
232 first twenty-four (24) hours. Delays caused by storage yard
233 personnel shall not be included when computing storage charges.
234 (c) If any vehicle is not redeemed within seven (7) days
235 after it is towed, the tow truck service shall be entitled to
236 recover an additional fee, not to exceed fifty dollars ($50.00), as
237 payment for the cost of any search conducted to determine the
238 registered owner and lien holder, if any, of the vehicle.
239 (d) No tow truck service or operator shall charge any fee for
240 mileage, or any other fee in addition to the basic towing fee set
241 forth in subsection (a) above. In order to ensure that no tow
242 truck service or operator collects more than the fees authorized by
243 this section, tow truck services and operators shall provide change
244 for cash payments made by any person whose vehicle has been towed
245 or released after hook up.
246 (e) A monetary receipt for each and every fee collected must
247 be given to those persons whose vehicles have been towed by a tow
248 truck service, or released after hook up, upon release of the
249 vehicle. The information on the receipt must be clearly legible and
250 include the time, date and place of the tow, the name of the tow
251 truck operator who made the tow, and the name of the tow truck
252 service for which said operator works. The receipt must also list
253 the amount of money paid for the release of the vehicle, any
254 additional charges incurred in the tow, and the reason for said
255 additional charges. The following shall be printed conspicuously on
256 every receipt: "NOTICE: Virginia Beach City Code ~ 21-426(f)
257 requires the tow company to offer you a Survey and Comment Form
258 with this receipt." A copy of the receipt must be retained by the
259 tow truck service for a period of one (1) year and shall be made
260 available for inspection by city police or the commissioner of the
261 revenue during normal business hours of the tow truck service
262 owner.
263 (f) A survey and comment form, developed by the Towing
264 Advisory Board, shall be offered to those persons whose vehicles
265 have been towed by a tow truck service, or released after hookup,
266 upon release of the vehicle.
267 CO~NT
2 68 This amendment requires tow truck services and operators to provide change for cash
2 69 payments.
270
271 Sec. 21-427. Requirements for storage yard.
272
(a) At the storage yard of each tow truck service, there
273 shall be a sign prominently displayed specifying tow and storage
274 rates.
275
(b)
If an attendant is not on duty twenty-four (24) hours a
276 day, seven (7) days a week, to return vehicles upon the payment of
277 towing and storage charges, the sign provided for in subsection (a)
278 hereof shall also contain a telephone number where the owner,
279 manager or attendant of the tow truck service storage yard may be
280 reached at any time so that a towed vehicle may be reclaimed by its
281 owner in a minimum amount of time, not to exceed two (2) hours.
282
(c) Each tow truck service storage yard shall provide
283 reasonable security and protection for all vehicles towed, whether
284 such tow originates in this city or any other jurisdiction,
285 including illumination of the storage area during hours of
286 darkness, and including a fence enclosing the storage yard if an
287 attendant or security guard is not on duty twenty-four (24) hours a
288 day, seven (7) days a week.
289
(d)
During the hours of darkness, the operator shall provide
290 an area sufficiently illuminated to enable an owner to inspect a
291 vehicle prior to removing it from the storage yard.
292 (e) It shall be unlawful to operate any tow truck service
293 storage yard or to deposit, impound or store any towed vehicle
294 herein, unless said yard is in full compliance with the sign,
295 security and lighting requirements of this section and with all
296 applicable zoning regulations, licensing requirements and use
2 97 permits, established by this Code.
298 Sec. 21-428. Tow truck service operator's log.
299 Tow trucks service operators shall, within thirty (30) minutes
300 of vehicle hook up, complete a record of the make, model, year and
301 vehicle identification number, if known, of the vehicle, its
302 license number and state of issuance, the time, date and place of
303 removal, the name of the tow truck operator who made the tow and,
304 for each entry of tow, the signature of the owner of the private
305 lot, or his representative, requesting and authorizing the tow
306 shall be required. A letter of authorization from the owner of the
307 private lot or his representative, when carried in the tow truck
308 making the tow, shall be sufficient to meet this latter
309 requirement. Such record shall be retained by the tow truck service
310 for not less than one (1) year, and shall be available for
311 inspection by city police during normal business hours of the tow
312 truck service owner, including any time that a vehicle is being
313 impounded or reclaimed. Failure to keep and retain such a record,
314 or omitting to make a true and complete entry for each vehicle
315 towed, or failure to surrender such record to any police officer
316 upon request shall be unlawful.
317 Sec. 21-429. MisceJ.J.aneous prohibited acts by tow truck service or
318 operator.
319 Except when acting as an agent in the legal repossession of a
320 vehicle, it shall be unlawful for any tow truck service or operator
321 to:
322 (1) Tow or otherwise move a vehicle from any area or portion
323 of a public street without either the consent of the owner or
324 custodian of the vehicle or authorization from a police officer or
325 other designated official of the city.
326 (2) Block the movement of or tow or otherwise move a vehicle
327 from any private road, driveway or any other privately owned land
328 or property within the city without the consent of the owner or
329 custodian thereof, unless:
330 (i) The vehicle is parked in a designated parking space
331 of a decal-controlled parking area and is not
332 displaying a decal or other form of authorization
333 issued by the owner, lessee or agent of such
334 parking area;
335 (ii) The vehicle is parked in a designated parking space
336 of a non-decal-controlled parking area during any
337 period when the business (es) serviced by the
338 parking is (are) open, and the tow truck operator
339 obtains the written consent of the owner, lessee or
340 agent of such parking area prior to towing the
341 vehicle; or
342 (iii)The vehicle is parked in a non-decal-controlled
343 parking area during any period when the
344 business (es) serviced by the parking area is (are)
345 closed, and towing is enforced twenty four (24)
346 hours a day by such business(es); or
347 (iv) The vehicle is parked on any portion of a parking
348 area in such manner as to block ingress or egress
349 to the parking area, or to block access to a
350 dumpster or properly marked service or delivery
351 area, or is otherwise parked in a portion of the
352 parking area that is not specifically designated,
353 by lines, curbs or similar markings, as an area for
354 the parking of vehicles.
355 No vehicle shall be towed pursuant to subsections (i) (ii),
356 (iii), or (iv) unless there is a written contract between the tow
357 truck service and the owner, lessee or agent of the parking area to
358 remove all unauthorized vehicles from the parking area, the tow
359 truck operator has a copy of such contract in his or her
360 possession, and the owner, lessee or agent has complied with all of
361 the signage requirements set forth in section 21-422.
362 (3) Tow or otherwise move a vehicle from any private road or
363 driveway, or from any other privately owned land or property within
364 the city to a place out of the city without the consent of the
365 owner or custodian of the vehicle; provided that, after a period of
366 not less than twenty-four (24) hours following the initial towing
367 of a vehicle, as recorded in the police dispatcher's log, any such
368 vehicle may be moved to a storage area located outside of the city,
369 with prior notification to and approval of the police department.
370 Notwithstanding the above, if a tow truck service or operator owns
371 or leases a storage area located outside of the city, and such
372 storage area is closer to the location from which a vehicle is
373 towed than the closest in-city storage area owned or leased by the
374 tow truck service or operator, such vehicle may be initially towed
375 to the storage area located outside of the city, provided the tow
376 truck service or operator is authorized to do business in both
377 cities, charges a fee not greater than that fee authorized in
378 Virginia Beach and invoices the tow in Virginia Beach.
379 (4) Block any vehicle, other than when on the property of the
380 tow truck service, to prevent the movement thereof by its owner or
381 custodian who has appeared prior to the vehicle being hooked up and
382 desires to move the vehicle.
383 (5) Wait for employment by standing or parking on public
384 property.
385 (6) Drive a tow truck or wrecker along any street to solicit
386 towing.
387 (7) Tow or otherwise move a vehicle from any place in the
388 city utilizing a wrecker or tow truck which is not insured as
389 required by section 18-55.1 of this Code.
390 (8) Provide false information to any police dispatcher
391 concerning any vehicle towed.
392 (9) Require the owner of any towed vehicle to wait for a
393 period exceeding two (2) hours for release of a vehicle. Any delay
394 over two (2) hours caused by failure to monitor or respond to calls
395 placed to the operator's designated telephone number shall
396 constitute a violation of this section.
397 (10) Move any vehicle to any intermediate place of storage, or
398 to any location other than to the registered secure storage yard of
399 a tow truck service, unless specifically requested by the owner or
400 custodian of said vehicle.
401 (11) During the initial twenty-four (24) hours after the
402 vehicle is towed and upon request by any owner or custodian of a
403 currently licensed vehicle, deny or prevent access to said vehicle
404 for the purpose of removing personal items, whether or not the
405 owner or custodian is then able to reclaim the vehicle. After the
406 initial twenty-four (24) hours has expired and upon the request by
407 any owner or custodian of a currently licensed vehicle, no tow
408 truck service or operator shall refuse to allow such owner or
409 custodian access to such vehicle once per day between the hours of
410 8:00 a.m. and 5:00 p.m.
411 (12) Assess or collects any charge or fee in excess of, or in
412 addition to, the charges and fees authorized by this division.
413 (13) Fail to provide a monetary receipt, for each and every
414 fee collected, containing the notice provision outlined in section
415 21-426 (e) .
416 (14) Fail to make the survey and comment form developed by the
417 Towing Advisory Board available when the vehicle is retrieved.
418 CO~NT
419 This amendment prohibits a tow truck service or operator from collecting more than the fees
420 authorized by this City Code division.
421
422 BE IT FURTHER ORDAINED that this ordinance shall become
423 effective July 1, 2006.
424
425 Adopted by the City Council of the City of Virginia Beach,
426 Virginia, on this
day of
, 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
~~~
City Attorney' Offlce
CA9917
H:\PA\GG\OrdRes\Proposed\Tow Truck Service ORD v2
R-5
March 29, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Amend the City Code Pertaining to Minority Participation
in City Contracting
MEETING DATE: April 4, 2006
. Background: In November 2004, the Minority Business Council (MBC) made
several recommendations to City Council to improve the participation of minority and
woman-owned businesses in City contracting. Currently, minority-owned businesses
receive about 2% of City business and woman-owned businesses receive about 1.8%
of City business. One recommendation made by the MBC was to revise the City Code
to clarify and strengthen the provisions regarding minority and woman-owned business
participation in City contracting.
The proposed ordinance:
1. Defines "Woman and Minority Participation Plan."
2. Requires a Woman and Minority Participation Plan for construction contracts in
excess of $50,000 and all requests for proposals.
3. Requires notice to all women and minority-owned businesses in the City's
database.
4 Defines woman-owned business (minority-owned is already defined).
5. Provides that failure to submit a Woman and Minority Participation Plan shall
result in a bid being nonresponsive.
6. Requires documentation of actual woman and minority participation efforts
compared to the Woman and Minority Participation Plan, including explanation of
major variances, prior to final payment.
7. Provides that failure to submit reasonable justification of major shortfalls from the
Woman and Minority Participation Plan may result in debarment from contracting
with the City for up to 2 years.
It is important to emphasize that there will be no change in how bids or proposals
are awarded. The low bid or best overall proposal will continue to be the basis of
awards.
. Considerations: In accordance with current City and State code provisions, formal
invitations to bid and requests for proposals generally are not posted for contracts less
than $50,000. Therefore, the City's current $15,000 threshold for formal notice of
construction and goods and services contracts should be increased to $50,000.
Administrative processes will address contracts of $50,000 or less.
· Public Information: Public information will be provided as part of the normal
agenda process. Additional meetings have been held with potentially-affected prime
contractors.
· Alternatives: 1. Make no City Code changes (maintain status quo); or 2. Conduct a
disparity study and evaluate.
· Recommendations: Adopt the attached Ordinance.
· Attachment: Ordinance
Recommended Action: Approval of ordinance~
Submitting Department/Agency: Finance
City Manager:~ ,?-, ~
1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
2 TO MINORITY PARTICIPATION IN CITY CONTRACTING
3
4 SECTIONS AMENDED: ~ 2-224.1 thr. 2-224.8
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Sections 2-224.1 through 2-224.8 of the City Code are
8 hereby amended and reordained, to read as follows:
9 Sec. 2-224.1. Definitions.
10
For purposes of this subsection, the following words shall
11 have the meanings ascribed to them in this section:
12 Good~faith ~inority-owned and Woman-owned ~usiness ~articipation
13 Eefforts: The sum total of efforts by a particular business to
14 provide for the equitable participation of minority and woman
15 employees and subcontractors in the operations and contracts of
16 such business.
17
(1) For past efforts, this sum total shall be comprised of
18
the record of minority and woman participation over the
19
past two (2) years through employment, retention, and
20
promotion; subcontracting or joint ventures in the
21
private sector; or a combination thereof.
22
(2) In connection with the performance of a particular city
23
contract, "good faith efforts" shall mean those measures
24
which are proposed to allow equitable participation of
25
minority and woman employees and subcontractors.
1
26 Minority and Woman Ceontractors BBid ~ist: A list of contractors
27 who have completed and filed with the purchasing agent the city's
28 bidder application indicating that their firm is a minority-owned
29 or woman-owned business. The purchasing agent shall maintain the
30 list and shall organize the list by category of business. Such
31 list shall be provided, upon request, in its entirety or by
32 relevant category, to any interested party. The list shall not be
33 deemed to constitute an endorsement of the qualifications of any
34 business included on the list.
35 Minority-owned ~usiness: A business or other entity that is at
36 least fifty-one (51) percent owned and controlled by one or more
37 socially and economically disadvantaged person(s). For purposes of
38 this definition, the term "control" shall mean exercising the power
39 to make policy decisions and being actively involved in day-to-day
40 management. Such disadvantage may arise from cultural, racial,
41 chronic economic circumstance or background, or other similar
42 cause. Such persons include, but are not limited to, Black
43 Americans, Hispanic Americans, Asian Americans, Eskimos, and
44 Aleuts.
45 Woman and Minori ty Participation Plan: A plan detailing, at a
46 minimum: Whether the contractor intends to utilize any
47 subcontractors; what, if any, woman-owned and minority-owned
48 subcontractors the contractor intends to utilize; the work to be
49 performed by each woman-owned and minority-owned subcontractor; the
2
50 anticipated amount or percentage to be paid to each woman-owned and
51 minority-owned subcontractor; the composition of the contractor's
52 workforce, specifically indicating the percentage of woman and
53 minority employees in their company; the percentage of woman and
54
minorities
in management positions,
supervisory positions,
55 professional positions, and nonprofessional positions; what steps
56 the contractor has taken to solicit subcontracting bids from woman-
57 owned and minority-owned subcontractors; which woman-owned and
58 minority-owned businesses the contractor has solicited; if the
59 contractor has elected not to utilize a woman-owned or minority-
60 owned subcontractor, an explanation of the decision; and any
61 additional Good-faith Minority-owned and Woman-owned Business
62 Participation Efforts the contractor intends to make in connection
63 with the contract.
64 Woman-owned Business: A business or other entity that is at least
65 fifty-one (51) percent owned and controlled by a woman or women.
66 For purposes of this definition, the term "control" shall mean
67 exercising the power to make policy decisions and being actively
68 involved in day-to-day management.
69
70 Sec. 2-224.2. Reserved.
71 Sec. 2-224.3. Minority-owned business opportunities--Construction
72 contracts; bid requirements.
73
74
75 (~) The purch~ning ~gent nh~ll maintain a lint of minority
3
76 o"v:ned buoineooeo th.J.t .J.re eng.J.ged in buoineoo .J.O prime
77 conotruction contr.J.ctoro. Such liot oh.J.11 be providedl upon
78 requeotl to .J.ny intereoted p.J.rty.
79 (as) Notice of every invitation to bid on city construction
80 contracts in excess of fifteenfifty thousand dollars ($15/000
81 $501000.00) shall be provided to each business included in the
82 biddero liot ffi.J.int.:lined purou.:lnt to ouboection (.J.) of thio oection
83 relevant category of the Minority and Woman Contractors Bid List.
84 In additionl the purchasing agent shall also forward such noticesl
85 upon request 1 to any minority organization or other interested
86 party.
87 (be) Every bid submitted in response to an invitation to bid
88 on a city construction contract in excess of fifteenfifty thousand
89 dollars ($15/000$50,000.00) shall be required to contain a
90 ot.:ltement oetting forth the good f.:lith minority mmed buoineoo
91 p.J.rticip.:ltion efforto .;hich the bidder h.:lo undert.J.ken in the p.:lot 1
92 .:lnd .;hich the bidder intendo to undert.J.ke in connection .;ith
93 perform.:lnce of the contr.J.ctproposed Woman and Minori ty
94 Participation Plan. The successful contractor shall update his
95 Woman and Minority Participation Plan prior to the execution of the
96 contract with the City. The final Woman and Minority Participation
97 Plan shall become a part of the contract with the City.
98 (ce) The purchasing agent shall .:lloo ffi.:lint.:lin .J. liot of
99 minority m:ned buoineooeo th.J.t .J.re eng.:lged in 7.:lriouo fieldo of
4
100 conotruction oubcontr~cting. Such liot oh~ll be provided provide,
101 upon request, to all prospective prime construction contractors,
102 upon requeot, a list of all businesses included in the relevant
103 categories of the Minority and Woman Contractors Bid List;
104 provided, however, that the list shall not be deemed to include all
105 available minority-owned or woman-owned subcontractors, nor shall
106 it be deemed to constitute an endorsement of the qualifications of
107 any subcontractor included on the list.
108
(e)
Prior to fin~l p~}~ent, ~ll contr~ctoro muot provide
109 document~tion reg~rding the ~ctuul good fuith minority o..med
110 buoineoo purticip~tion efforto undert~ken in connection \;ith the
111 contr~cto.
112
Sec. 2-224.4.
Same--Contracts for provision of goods and
services.
113
114
115
116
(~)
The purch~oing ~gent oh~ll m~int~in ~ liot of minority
117 o..;ned buoineooeo th~t oupply v~riouo good und oer.riceo. Such liot
118 oh~ll be provided, upon requeot, to ~ny intereoted pa.rty.
119
~ Solicitations for contracts of more than fifteen fifty
120 thousand dollars ($15,000$50,000.00) shall include at least three
121 (3) ~inority-owned B~usinesses or Woman-owned Businesses that are
122 included on the list maintained pursuant to ~section 2-224.1 +a+
123 of thio oection and are in the business of supplying goods or
124 services of the kind to be procured, unless the list contains less
5
125
than three
(3)
~inority-owned bBusinesses and Woman-owned
126 Businesses which are in the business of supplying goods or services
127 of the kind to be procured. In addition, the purchasing agent shall
128
forward such solicitations,
upon request,
to any minority
129 organization or other interested party.
130
131 Sec. 2-224.5. Same--Procurement of professional and other than
132 professional services by competitive negotiation.
133
134
(a) Notice of every request for proposals ("RFP") shall be
135 provided to each business included in the relevant category of the
136
Minority and Woman Contractors Bid List.
In addition, the
137 purchasing agent shall also forward such notices, upon request, to
138 any minority organization or other interested party.
139
(a~) Every proposal submitted in response to a requeot for
140 propoo~lo ("RFP~ shall be required to contain a ot~teffient oetting
141 forth the good f~ith minority o~med buoineoo p~rticip~tion efforto
142 T.Jhich the reoponding p~rty h~o undert~lcen in the p~ot, ~nd \:hich
143 the reoponding p~rty intendo to undert~lce in connection '.Jith
144 performQnce of the contr~ct or oerviceproposed Woman and Minority
145 Participation Plan. The successful contractor shall update his
146 Woman and Minority Participation Plan prior to the execution of the
147 contract with the City. The final Woman and Minority Participation
148 Plan shall become a part of the contract with the City.
149
(bc) Compliance with the provisions of section 2-224.2,
6
150 "Employment discrimination by contractor prohibited," shall be
151 considered in the RFP evaluation and contractor selection process.
152
Sec.
2-224.6. Responsible and responsive bidder; qualified
offeror.
153
154
155
156 The provisions of this subdivision shall be used as criteria
157 in determining whether a bidder is deemed to be responsible and
158 responsive, ~o defined in oection 2 217.2, or whether an offeror is
159 deemed to be fully qualified, and no contract shall be awarded to a
160 bidder or offeror who has not complied with the provisions herein.
161 Failure to submit a proposed Woman and Minority Participation Plan
162 with a bid or proposal shall result in the bid or proposal being
163 declared nonresponsive.
164
165 Sec. 2-224.7. Public inspection of records.
166 In accordance with the Virginia Freedom of Information Act, a
167 bidder's or contractor's ot~tement of ugood f~ith minority o~med
168 buoineoo participation efforto"Woman and Minority Participation
169 plan shall be open to public inspection.
170 Sec. 2-224.8. Penalties.
171
(a) Any bidder or contractor that intentionally makes a
172 material misrepresentation in connection with any of the
173 information required by this subdivision shall be debarred from
7
174 contracting with the city for a period of two (2) years from the
175 date of notification of such debarment.
176
(b) Prior to final payment, each contractor shall submit a
177 report documenting its efforts undertaken in compliance with its
178 final Woman and Minority Participation Plan. The report shall
179 include, at a minimum: A statement of whether any subcontractors
180 were utilized; a list of any woman-owned and minority-owned
181 subcontractors utilized; a brief description of the work performed
182 by each woman-owned and minority-owned subcontractor; the amount
183 paid to each woman-owned and minority-owned subcontractor; and any
184 additional Good-faith Minority-owned and Woman-owned Business
185 Participation Efforts the contractor made in connection with the
186 contract. A contractor will not receive final payment under a
187 contract until he submits documentation of actual woman-owned and
188 minority-owned business participation efforts as described in this
189 subsection.
190 (c) If actual woman and minority participation substantially
191 deviates below the levels outlined in the final Woman and Minority
192 Participation Plan, the contractor shall provide an explanation for
193 the deviation within ten days of a request by the city for such
194 explanation. If the explanation for the deviation lacks reasonable
195 justification that rises to the level of dishonesty or in the event
196 the contractor refuses to submit an explanation for the deviation,
197 the contractor may be debarred from contracting with the city for a
8
198 period of up to two (2) years from the date of notification of such
19 9 debarment.
200 (bd) The debarment of any bidder or contractor pursuant to
201 this subdivision shall be deemed to include the debarment of any
202 successor corporation, partnership, firm or other entity controlled
203 or managed by any officer, director, partner or controlling
204 shareholder of the debarred bidder or contractor.
205
206
Adopted by the City Council of the City of Virginia Beach,
207 Virginia, on this ____ day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Qt-~ ~!J{Q.lJ11JjA
Flnance epartment
CA9931
H:\PA\GG\OrdRes\Proposed\2-224 et al Minority Contracts Ord
R-4
March 27, 2006
9
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Encroachments requested into a portion of the City's ten-foot (10') pedestrian
beach access, utility and drainage easement on 2411 Ketch Court by the
property owners, James A. Alexander, Jr. and Jean W. Alexander.
MEETING DATE:
April 4, 2006
. Background: Mr. and Mrs. Alexander, owners of 2411 Ketch Court, have requested an
encroachment agreement to allow two (2) existing fences, a wooden walkway, a wood
deck and a bench within the City's beach access easement (the "Easement") located
adjacent to their property. These are existing encroachments that have been located
within the Easement for at least 25 years.
The City became involved in this issue in response to a complaint from the adjacent
property owners, Mr. and Mrs. Carrick, who live at 2410 Whaler Court. In 2004, the
Carricks had a survey performed on their property and discovered that the majority of
the City's sidewalk for the beach access was located on their property, outside of the
City's Easement. Concerned with liability issues and also wanting to utilize all of their
property, the Carricks requested that the City remove the sidewalk from their property as
soon as possible. The City Attorney has confirmed that the sidewalk should be
relocated within the Easement immediately.
Neighborhood residents would like this heavily used beach access to remain. Given the
need to relocate the walkway within the Easement, there is also an opportunity to
upgrade the current beach access walkway to a standard of 5 feet width. Relocating the
sidewalk into the Easement will require the applicants, Mr. and Mrs. Alexander, to
remove their existing encroachments. The applicants believe they were treated unfairly,
and they have applied to allow their encroachments to remain.
. Considerations: Staff has unsuccessfully attempted to work a compromise with the
applicants on their encroachment request. To allow the applicants to keep the bench
and deck in the Easement would prevent properly reinstalling the sidewalk.
. Public Information: Advertisement of City Council Agenda
. Alternatives:
Once the new beach access sidewalk is constructed within the Easement, allow Mr. and
Mrs. Alexander to revise their encroachment application for permission to construct and
maintain a fence, deck and bench that do not interfere with the new sidewalk.
Abandon the Easement at this location and allow Mr. and Mrs. Alexander to maintain
their current encroachments. If this is done, access to the beach would be available at
Whaler and Ships Watch Courts and Ketch and Spinnaker Courts.
. Recommendations: City staff has reviewed the requested encroachments and has
recommended denial at this time because the encroachments hinder the construction of
the new sidewalk for beach access within the Easement. The encroachments also cause
potential hazard to citizens attempting to access the beach.
. Attachments: Ordinance, Agreement, Plat, Pictures and Location Map.
Recommended Action: Denial of the ordinance.
S~bmitting Department/Agency: Public Works/Real Estate .!'--~ fJ..
CIty Manager:~k. , b&~ ?R ~
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF THE CITY'S
6 PEDESTRIAN, UTILITY AND
7 DRAINAGE EASEMENT LOCATED AT
8 2411 KETCH COURT BY JAMES A.
9 ALEXANDER, JR. AND JEAN W.
10 ALEXANDER, THEIR HEIRS,
11 ASSIGNS AND SUCCESSORS IN
12 TITLE
13
14 WHEREAS, the City of Virginia Beach has a ten-foot (10')
15
easement
(the "Easement") across private property for (1)
16 pedestrian access to Chesapeake Beach, (2) utili ties, and (3)
17 drainage, which Easement ~s centered on the property line
18 between 2411 Ketch Court and 2410 Whaler Court in Virginia
19 Beach, Virginia.
20
WHEREAS, James A. Alexander, Jr. and Jean W. Alexander
21 desire to maintain a fence, wood walk and wood deck within the
22 five-foot (5') portion of the Easement located on the property
23 known as 2411 Ketch Court.
24
WHEREAS, City Council is authorized pursuant to ~H~ 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
26 authorize temporary encroachments upon the City's easements
27 subject to such terms and conditions as Council may prescribe.
28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
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, James A. Alexander, Jr. and Jean W. Alexander, their
heirs, assigns and successors in title are authorized to
maintain temporary encroachments for a fence, wood walk and wood
deck in the City's Easement as shown on the map marked Exhibit
"A" and entitled: "PHYSICAL SURVEY OF LOT-8; BLOCK - B CORRECTED
PLAT SHOWING RESUBDIVISION OF LOTS 4 & 5 & 8 BLOCK "B", SECTION
II CHESAPEAKE BAY SHORES VIRGINIA BEACH, VIRGINIA FOR JAMES A.
ALEXANDER, JR. & JEAN W. ALEXANDER," a copy of which is on file
in the Department of Public Works and to which reference is made
for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those termsr conditions and criteria
contained in the Agreement between the City of Virginia Beach
and James A.
Alexander, Jr.
and Jean
Alexander
(the
by
W.
"Agreement" ) r
which is attached
hereto
and
incorporated
reference; and
BE IT FURTHER ORDAINEDr that the City Manager or his
authorized designee
Agreement; and
BE IT FURTHER ORDAINEDr that this Ordinance shall not be in
1S hereby authorized to execute the
effect until such time as James A. Alexander r Jr. and Jean W.
2
53 Alexander and the City Manager or his authorized designee
54 execute the Agreement.
55 Adopted by the Council of the City of Virginia Beach,
56 Virginia, on the
day of
, 2006.
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~- CI~rr"
.... , €.s. . '~VI'\
S ATURE
Ill) <7 i)tA C ~
CITY ATTORNEY ,
Pin RE~ f~+61fJ
DEPARTMENT
CA9705
PREPARED: 3/15/06
X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA970S Alexander.doc
3
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA TION TAXES
UNDER SECTION 58.1-8] ](C) (4)
THIS AGREEMENT, made this 29th day of December
, 200 L, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and JAMES A. ALEXANDER, JR. AND JEAN W. ALEXANDER, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, ~'Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Section 2, Block B, Lot 8, as shown on that certain plat entitled:
"CORRECTED PLAT SHOWING RESUBDIVISION OF LOTS 4 & 5 & 8 BLOCK "B",
SECTION II CHESAPEAKE BAY SHORES L YNNHA VEN BOROUGH VIRGINIA BEACH,
VIRGINIA", and recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach in Map Book 127, at page 49, and being further designated and described as 2411 Ketch
Court, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain a fence, wood walk and
wood deck, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the
Grantee encroach into a portion of the City's existing ten-foot (10') pedestrian beach access,
utility and drainage easement located on the boundary between 2411 Ketch Court and 2410
Whaler Cow1: "The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 1590-21-3134
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 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: "PHYSICAL SURVEY OF
LOT -8; BLOCK - B CORRECTED PLAT SHOWING
RESUBDIVISION OF LOTS 4 & 5 & 8 BLOCK "'B", SECTION
II CHESAPEAKE BA Y SHORES VIRGINIA BEACH,
VIRGINIA FOR JAMES A. ALEXANDER, JR. & JEAN W.
ALEXANDER," a copy of which is attached hereto as Exhibit "A"
and to which reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from The Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates 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
2
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 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 a permit
from the Office of 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 of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability 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 setbacks requil'ements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and 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, James A. Alexander, Jr. and Jean W. Alexander, the
said Grantee has caused this Agreement to be executed by his/her/their signature. Further, that
4
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
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
....-....,.. . ,.- Le
: ,.,. ,)' ,/ .,/ :t.- "t .. .' ~
'---..;-i.a-....., tv. LI "~/A. J'{~-G
v .
Jean W. Alexander .
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, by
DESIGNEE OF THE CITY MANAGER.
, CITY MANAGER/AUTHORIZED
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, by RUTH HODGE S SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF Vtr9~l1i(L
CITY/eBUNTY OF \11(,9' O;(L 8~ , to-wit:
t'h
The foregoing instrument was acknowledged before me this Zq - day of
Dec.em\0.e,("' , 200~, by James A. Alexander, Jr. ~
My Commission Expires: g/31/0Cr;
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFMCY AND~
-c~
\
~~ c. d/u.s,.,
Sl ATURE;<:j
~ RfWl ~stat4!.
DEPARTMENT
X:\Projects\Encroachments\Applicants\Alexander, James, et ux - Ketch Court -rb\Agreement Encroachment.Frm.doc
6
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1.9564
aocKl804 _127
-# /CS".-y"
,
TillS DElm OF BARGAIN AND SALE, Made this 17th day of July, 1978.,
by and between CHESAPEAKE BAY SHORES, LTD., a Virginia Corporation, party of
the first part, and J&~ES A. ALEXANDER, JR. and JEAN W. AL~~DER, husband
and wife, parties of the second part.
WITNESSETH: That for and in consideration of the sum of Ten ($10.00)
Dollars, and the other good and valuable considerations hereof, the receipt
of which is hereby acknowledged, the said party of the first part does hereby
grant and convey, with General Warranty and the English Covenants of title,
unto the parties of the second part as tenants by the entireties with the
right <?f survivorship as at common law, the following described property,
to-wit:
ALL THAT certain lot, piece or parcel of land, with the buildings
and improvements thereon, lying, situate and being in the Lynnhav~n
Borough of the City of Virginia Beach, Virginia, being known. nuc-
bered and designated as Lot 8, Block B, as shown o~ that certain
plat entitled "Resubdivision of Lots 4 [, : [, 8, Block "B", Sec'tion ll.
Chesapeake Bay Shores, Lynnhaven Borough, Virginia Beach. Virginia",
Scale I" - 40' dated M.'ly 22, 1978, made by George F. Hogg3rd and
Associates, Inc., Engineers-Planners-Survcyors, which plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virgini... Beach, Virgi.\ia, in Map Bock 127, at page 49.
l~ BEING a part of the same property conveyed unto the party of the.
f~rst part by deed of Exchange from Lake George Corporation, dated
May 9, 1977. and which is duly recorded in the Clerk's Office cf the
Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
1663, at page 475.
This conveyance is made expressly subject to the conditions, restric-
tions and easements, if any of record constituting constructive notice which
have not expired or otherwise become ineffective.
IN WITNESS WHEREOF. Chesapeake Bay.Shores, Ltd., a Virginia Corporation,
by its President has signed this instrument this Zof( day of July, 1978.
I
CHESAPEAKE BAY SHORES, LTD.
?i ..// 4 (j Ii /
BY: ,:1 ...-"'.IJ 6J.... ~"""<-7 I
David B. Oglesby, Jr. '::Jresid."t;(
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STATE OF VIRGINIA
CITY OF~..JJL,4~
. to-wit:
The foregoing instrument was acknowledged before me this~day
of July, 1978, by DAVID B. OGLESBY. JR.. President of Chesapeake Bay
Shores. Ltd.~ a Virginia Corporation.
f}~d HuI~l
Notary Plblic
My commission expires:
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Exhibit "A"
I U U THIS' AREA HAS BEEN CONVEYED TO THE CITY I
- OF VIRGINIA BEACH, VIRGINIA FOR USE ~
l / PERPETUALL Y AND SOLELY AS A PUBLIC
I --/ ~NG BEACH. APPROXIMATELY 34,146 SQ. FT.
I _ THIS IS TO CERTIFY THAT I ON 11/28/05
I SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND
THAT THE TITLE LINES AND THE WALLS OF THE
BUILDINGS ARE SHOWN ON THIS PLAT. THE
BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES
AND THERE ARE NO ENCROACHMENTS OF OTHER
BUILDINGS ON THE PRO~ EXCEPT AS SHOWN.
SIGNED~
NOTES :
84"39'00" E
38.75'
CROSS FOUND
@ 120.7'
n
!;;:NAIL SET
@ 105.17'
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1) THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE
REPORT AND MAY NOT SHOW ANY/All EASEMENTS OR RESTRICTIONS
THAT MAY AFFECT SAID PROPERTY AS SHOWN.
2) ROOD & SMITH, P.C. IS NOT A PARTY IN DETERMINING THE
REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN
HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR
WILL NOT BE SUBJECT TO FLOODING. FOR FURTHER INFORMATION.
CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL
3) A FIVE FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED) ALONG
AND ADJACENT TO All SIDE AND REAR LINES OF ALL LOTS. EXCEPT
WHERE BUILDINGS ADJOIN PROPERTY LINE. HAS BEEN DEDICATED TO
THE CITY OF VIRGINIA BEACH. VIRGINIA FOR THE INSTALLATION
AND/OR MAINTENANCE OF UTILITIES AND DRAINAGE FACILITIES.
0.4'
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0.4'
JAMES A.
r~5' UTILITY & JEAN
~ASEMENT
PHYSICAL SURVEY
OF
LOT-8 ; BLOCK-B
CORREClED PLAT SHOWING RESUBDIVlSION OF
LOTS 4 & 5 & 8
BLOCK "B", SECTlON II
CHESAPEAKE BAY SHORES
VIRGINIA BEACH, VIRGINIA
FOR
ALEXANDER, JR.
W. ALEXANDER
S 84"39'00"
5.01'
WOOD 3:
WALK ::
o
o
# 2411
2-STY. FR.
~
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10' PEDESTRIAN
ACCESS UTILITY
& DRAINAGE
EASEMENT
OCEAN
CONC. ~ 10' EASEMENT
C & G. ~ rFOR HIGHWAY
~TENANCE
33.75' DRILL HOLE SET
84 "39' 00" W
S 05"21'00" E
15.00
DRILL HOLE FOUND
KETCH COURT
(30' R/W)
~........>!, SCALE: 1"=25' DRAWN BY:
~~LT,fl ." .....
~,~~ u ;':;'" DATE: 11 28 05 F.B. 846
~~ ~~
~ l.'::;~) ~~t:~.EF: VA BEACH M.B. 127.
o I.,"
~ $\;;;) ARTHUR L R!mD ,
4~ ~~I.S .
\ ,I;;i;{~:/
AVENUE '" ....()., /':J./" 5737BARTEESTREET
~'~~:!,,:J':L:~"""-' NORFOLK, VA 23502
FLOOD ZONE INFORMATION :
ACCORDING TO F.E.M.A.'S FLOOD
INSURANCE RATE MAP (F.I.R.M.),
THE PROPERTY SHOWN HEREON APPEARS
TO FALL WITHIN FLOOD ZONE(S) "VE"
COMMUNITY-PANEL NO. 515531 0005 E
MAP REVISED: 12-5-96
BASE FLOOD ELEVATION =
12 & 13
GRAPHIC SCALE
o 12.5 25 50 75
l~".r- I_~'~"W~ -l
r %,>,-,-""",~~ ,. <, <w. 'm--,-w~",--,_w'~~~lt1~~gw,~
JS
PG. 76
PG. 49
ROOD & SMITH PoCo
LAND SURVEYORS
TEL: 757.466.1111
FAX: 757.466.9384
59,227
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Now or Formerly
City of Virginia Beach
Now or Formerly
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- - - - - - - - 1 - - - - - - - - - - T -r I - - - - - - - - - - T
-CENTERLINE
. I : I 1111' PEDESTR I AN ACCESS:. UTI LI TY
~ AND DRAINAGE EASEMENTj
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Now or Formerly
Norman W. & Bernadette
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PROPOSED 4' WIDE SIDEWAlK
Now or Formerly
Edwin B. Dean Jr. and
Deirdre J. Dean
Now or Formerly
James A. Alexander, Jr. and
Jean W. Alexander
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EXISTING DECK TO BE REMOVED
EXISTING SIDEWAlK TO BE REMOVED
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EXISTING FENCE TO BE REMOVED
e EXISTING 18" PINE TO BE REMOVED
- . . - PROPERlY UNE
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WHALER COURT
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KETCH COURT
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PROPERTIES ADJACENT TO
WHALER COURT AND KETCH COURT
FIt.E,PROP COlIC WN..JCD(iN
PEN,VlHN.ERPEN
W'E,I//I~
CHESAPEAKE BAY
KETCH.DGN M.j.S.
LOCATION MAP s~oRf.DR.
ENCROACHMENT REQUES~
FOR JAMES A. ALEXANDER, JR.
AND JEAN W. ALEXANDER
GPIN 1590-21-3134
SCALE: 1" = 200'
PREPARED BY P/W ENG. CADD DEPT.
OCT. 24, 2005
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CITY OF VIRGINIA BEACH
AGENDA ITEM
""
"'-
~
ITEM: Encroachment request into portions of City property (bike path) and right of way
along Norfolk Avenue from the adjoining property owner, Craig A. Rosenberg
and the contract purchaser, Construction Services and Management, LLC, a Virginia
limited liability company
MEETING DATE: April 4, 2006
. Background:
Craig A. Rosenberg and Construction Services and Management, LLC, have
requested permission to construct and maintain a driveway and two vehicular
crossing signs across City property and right-of-way that runs parallel to Norfolk
Avenue on the north side. The property is vacant land and the purpose of this
requested encroachment is for the contract purchaser to develop this lot and provide
ingress/egress across the bike path to the property. The owner had no legal access
to the property when he purchased the parcel, and is seeking a means of access
across City property.
. Considerations:
This area that the property owner wants to encroach is within the 9th street multi-use
bikeway/pedestrian trail parallel to Norfolk Avenue. This is currently well traveled by
all types of pedestrians. The proposed driveway and signs would add an unsafe
condition to this heavy use pedestrian path.
The bike path project was completed in the spring of 2005. There were existing
driveways at that time and they were granted right of way permits. The requested
encroachment proposes to cross the City-property acquired from Norfolk-Southern
for use as a Public, shared use pathway.
The encroachment across the City's property would encourage development within
the APZ-2 area, and to develop this lot would be inconsistent with the purpose and
spirit of City Council Ordinances that were adopted on December 20, 2005.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachment as presented, deny the encroachment, or add conditions
as desired by Council.
. Recommendations:
City Staff has reviewed the requested encroachments and has recommended denial.
. Attachments:
Ordinance, Agreement, Plat, Location Map and Pictures.
Recommended Action: Denial of the ordinance. , .
Submitting Department/Agency: Public Works/Real Estate _,\..,L ILb 3fJ;Cj_~
City Manager: ~ '?- ~ f'jQQ.p A ~
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 PORTIONS OF CITY PROPERTY AND
6 RIGHT-OF-WAY LOCATED AT
7 NORFOLK AVENUE BY CRAIG A.
8 ROSENBERG, HIS HEIRS, ASSIGNS
9 AND SUCCESSORS IN TITLE AND
10 CONSTRUCTION SERVICES AND
11 MANAGEMENT, LLC, ITS ASSIGNS
12 AND SUCCESSORS IN TITLE.
13
14 WHEREAS, Craig A. Rosenberg and Construction Services and
15 Management, LLC, a Virginia limited liability company, desire to
16 construct and maintain a driveway and two (2) vehicular crossing
17 signs within the City's property and right-of-way located at
18 Norfolk Avenue.
19
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
21 authorize temporary encroachments within the City's property and
22 right-of-way subject to such terms and conditions as Council may
23 prescribe.
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26 That pursuant to the authority and to the extent thereof
27 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
28
as amended,
Craig A.
Rosenberg,
his heirs,
assigns and
29 successors in title and Construction Services and management,
30 LLC, its assigns and successors In title are authorized to
31 construct and maintain a temporary encroachment for a driveway
32 and two (2) vehicular crossing signs in the City's property and
33 right-of-way as shown on the map marked Exhibit "All entitled:
34 "PLAT SHOWING ENCROACHMENT ON NORFOLK AVENUE, 11 a copy of which
35 is on file in the Department of Public Works and to which
36 reference is made for a more particular description; and
37
BE IT FURTHER ORDAINED, that the temporary encroachments
38 are expressly subject to those terms, conditions and criteria
39 contained in the Agreement between the City of Virginia Beach
40 and Craig A. Rosenberg and Construction Services and Management,
41 LLC, a Virginia limited liability company, (the "Agreementll),
42 which is attached hereto and incorporated by reference; and
43
44
BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee
is
hereby authorized to
execute
the
45 Agreement; and
46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in
47 effect until such time as Craig A. Rosenberg, Construction
48
Services and Management LLC,
a Virginia limited liability
49 company, and the City Manager or his authorized designee execute
50 the Agreement.
51
52
53
2
54
Adopted by the Council of the City of Virginia Beach,
day
of
200
55
Virginia,
on
the
ROVED C
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
Pm I?roJ [dEli
DEPARTMENT
CA986l
X:\Projects\Encroachments\Applicants\Rosenberg, Craig A. - Norfolk Ave - rb\Ordinance
Encroachment.Frm.doc
X: I OlD I REAL ESTATE1EncroachrnentslPW OrdinanceslCA986l Rosenberg.doc
3
PREPARED BY VIRGINIA BEACH
CITY A ITORNEY'S OFFICE
EXEMP1ED FROM RECORDA nON TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 7th day of February, 2006, by and between the
CITY OF VIRGINIA BEACH, VIRGINlA, a municipal corporation, Grantor, "City", and
CRAIG A. ROSENBERG, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, and
CONSTRUCTION SERVICES AND MANAGEMENT, LLC, A VIRGINIA LIMITED
LIABILITY CORPORATION, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WIT N E SSE T H:
That, WHEREAS, Craig A. Rosenberg, is the owner and Construction Services
and Management, LLC, a Virginia limited liability company, is the contract purchaser, of that
certain lot, tract, or parcel of land designated and described as:
All that certain lot, piece, or parcel of land, in Lynnhaven Borough in
the City of Virginia Beach, Virginia, beginning at a stake on the line of
the land now or formerly of Edward Drinkwater, and running thence
along the line of said land, east 245 feet to an iron pipe on the line of the
land of the said Edward Drinkwater and the land now or formerly owned
by Joesphine Drinkwater; thence running south 9 feet to the right-of-way
of the Norfolk Southern Railway Company; thence running west along
the right-of-way of the Norfolk Southern Railway Company 245 feet to
a post; and running thence north 124 feet to the point of beginning, as
shown on that certain plat recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach in Map Book 89, at. page 39 and
further designated and described as GPIN 2417-64-2309.
WHEREAS, it is proposed by the Grantee to construct and maintain a driveway
and two (2) vehicular crossing signs, "Temporary Encroachment", in the City of Virginia Beach;
GPIN (CITY RIGHT OF WAY - NO GPIN REQUIRED)
2417-64-9312 AND 2417-64-2309
WHEREAS, in constructin~ and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into portions of City property and right of way located on
Norfolk Avenue "The Encroachment Area"; and
WHEREAS, the Grantee has requested that. the City permit a Temporary
Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee 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: "PLAT SHOWING
ENCROACHMENT ON NORFOLK AVENUE," 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 terminates 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.
2
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 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 submit and
have approved a traffic control plan before commencing work in The Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that no open
cut of the public roadway will be allowed except under extreme circumstances. Requests for
exceptions must be submitted to the Highway Operations Division, Department of Public Works,
for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of 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 of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Planning Department.
3
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability 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 $1,000,000.00, 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 setbacks requirements, as established by the City.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and 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
4
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, Craig A. Rosenberg, the said Grantee has caused this
Agreement to be executed by his signature and Construction Services and Management, LLC, a
Virginia limited liability company, has caused this agreement to be executed on its behalf by,
George Alcaraz, Manager of Construction Services and Management, LLC, a Virginia limited
liability company, with due authority to bind said limited liability company. 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
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
C&~-
CONSTRUCTION SERVICES AND
MANAGEMENT, LLC, a Virginia limited
liability compan
B'
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, CITY MANAGER/AUTHORIZED
, 200_, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF \)\....,..~,V'-,._
CITY/l :l 1I1P'~ I 'I( OF\) 0.. ~-C:''-~''-, to-wit:
The foregoing instrument was acknowledged before me this -'\ ~... day of
I;"~, 200cfQby cc~g~~osenber~, Q
..' . ~.~
Notary Public ~
.. . a~y Gn.....m:~~.f\ r'v."j",,... o...~~L. ......, r.f'l"~
My ComnusslOn ExpIres: !J. U,h~;,;",,!un ':";;:le;J (;..'~!}er.j I, Z,::. !
STATE OF\J\~~(--
CITY!(:( )111"4 I j OF\...'r_-~-e..{::A....~"""'" to-wit:
The foregoing instrument was acknowledged before me this~ day of
6
~'v~, , 200~ by George Alcaraz, Manager, on behalf Construction Services and
~ .-..-.--.----....-..-, --..,..-----
Management, a Virginia limited liability corporati~"\;;:liU
Notary Public ~
My Commission Expires: ~1y CCiT::T11s:i:]!) [);pfr2s G:";!ab~r 31. 2n07
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
=f C, ~W>\.
S NATURE
PLO RF.f4 {t:Jdi
DEPARTMENT
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate a $75,000 Grant from the Virginia Department
of Historic Resources to the FY 2005-06 Operating Budget of the Convention and Visitors
Bureau for Reimbursing Expenses Associated with the 2005 Rock 'n' Roll Half Marathon
MEETING DATE: April 4, 2006
. Background: The City's Rock 'n' Roll Half Marathon (the "Marathon") was developed to
promote consistent high-quality visitation to the City over the Labor Day weekend and to
complement the American Music Festival. The Marathon, an elite racing event, has been held
annually in Virginia Beach since 2001, and has met the objectives of increased overnight
visitation and local pride. The 2005 Rock 'n' Roll Half Marathon attracted 30,000 participants,
approximately 10,000 of them from out of state, and over 60,000 spectators.
The City originally funded the Marathon through the Tourism Advertising Program Fund in the
FY 2005-06 Operating Budget of the Convention and Visitors Bureau. The Virginia Department
of Historic Resources has awarded the City a grant of $75,000 to reimburse the City for a
portion of the costs of the 2005 Marathon.
. Considerations: Funding from the grant will be appropriated to the Convention and
Visitors Bureau's FY 2005-06 Operating Budget. As a condition of the grant, the City is required
to have expended matching funds of $75,000 for the Marathon. The City expended
approximately $600,000 on the 2005 Marathon, thus no additional matching funds are required.
. Public Information: Public information will be handled through the normal Council
agenda process.
. Recommendations: Accept and appropriate the $75,000 reimbursement grant to the
FY 2005-06 Operating Budget of the Convention and Visitors Bureau.
. Attachments: Ordinance and e-mail from Virginia Department of Historic Resources.
Recommended Action: Adopt ordinance
Submitting Department/Agency: Convention and Visitors Bureau
City Manager: James K. Sp e )L , ~~
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$75,000 GRANT FROM THE VIRGINIA
DEPARTMENT OF HISTORIC RESOURCES TO THE
FY 2005-06 OPERATING BUDGET OF THE
CONVENTION AND VISITORS BUREAU FOR
REIMBURSING EXPENSES ASSOCIATED WITH THE
2005 ROCK 'N' ROLL HALF MARATHON
WHEREAS, the Virginia Department of Historic Resources has
11 awarded a $75,000 grant to the City to reimburse a portion of
12 the expenses associated with the 2005 Rock 'n' Roll Half
13 Marathon; and
14
WHEREAS, the City expended approximately $600,000 on the
15 2005 Rock 'n' Roll Half Marathon.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
1.
That $75,000 is hereby accepted from the Virginia
19 Department of Historic Resources and appropriated to the FY
20 2005-06 Operating Budget of the Convention and Visitors Bureau
21 for reimbursing expenses associated with the 2005 Rock 'n' Roll
22 Half Marathon.
23
2 .
That estimated revenue from the Commonwealth is hereby
24 increased by $75,000.
25
Adopted by the Council of the City of Virginia Beach,
26 Virginia, on the
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
. '~~ .
;" C y . L
JlJi/YLR L' ~~
City Attorney's 'fice
CA9966
X:\PA\GG\OrdRes\Rock n Roll Half Marathon ORD
R-4
March 24, 2006
PagelO!i
Lee Hedberg
...,.."..._.....m.._.'............_......,...,...............--.cw....w......_..m_~...._..,...,_.....,.._-----..........,......------~..............,..._...............----,........,.....--,...m.w...
From: Jam!e C. LewisIJa;n;e.Lewis@clhr.virginia.gOvj
Sent: Thursday. Febmary 23, 2006 10:41 AM
T():Lee Hedberg
SubJect~ 'Lihkto ,2005Appropri~t!on' Act
Mi. Hedberg.
Per ourphoneccnversatlc<n.,here 1s a link tothe2005ApproprfationActfromth~ Code of VirgInia th~f1$hows theorgal1;zations
thatwereawardedflscalyear2Q06 gldotS. Thelist!ngbeglns on page 522 and the grMt we have been d~scus$ln9 is Hstedon
page525(Vtrgln~a BeachCcnventionand Visitor's Bureau, $75:000). itis ourunderstandingperthegrantapplicafionthatthis
<:l\\tard ls,for lhe ,Rock and. ROll. Half Marathon. Please letme'know'i{.l can beaf furtnerassistance.
http://leQ:l.. $t$te. V?..w~fO;5 t/ol,g:l/P\1.Q g~tO:R.pqf
Jalilie Lewis "
Fil1$ncial' Analyst/Grants' Manager
Department of . His.toric . P..escurces
':0 Courthouse AveOt,e
Petef$burg, VA 23e03
804-862-6416
2/23/2006
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{n'th.i:! -1006' Budg(:t .1h1!.
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ITEM 531.
Beaverda:n. NerirageDI),.}'S 1'<:!Ulirj(;ium
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ITEM 531.
SalemHiJlorica{ Socil!!j
Sd!()()Mr Virgiuia
SCir..II<;~ Museum of We.~rem VNgi>l.ia
S!!daUa Celiur
:;ii<>.narlOo,2h' Valley Bf1ulejie!ds P{'unda:icJ/!
Sile.m.miloaii Vaile.1'Disc()~!!I}' MlIs~um
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S::'Utn.l1':J; Per:fi.Jr;n.mg :..~:rr~~~: Cc~a:rer
Ste.aJlwvl)tJ:fj,'St!!J,-,
SWj;;!wcJI CaYllI.,1J3b'O, [,:1 PO>TsnmllJit Canhduw~ 1~1(m1Jm.i.Jttbr
Srraford .lkll.
The Bams (i{ Raiehii1
'n-u~Barfer ri;ur..d(l!ion
Theatre tV
TiI.....~~'at(.r: Cellter{'(}rSpeerh IIp.dLw.grwgti Dis(Jf'(!(:t$
TimluHill Her'JAg<< ktllJeml1
Todi' Fe$ti,'a!. .:otk"CU)' of Portsmr)t/~hji>r rh~
T(}"'VI~: ,of eoti1h{),(~taS .
Tn1it.o.f the ,!~{:zs()~~~e fi.n<-
Trevillian ,,$!lAti.(.'!:: B(~,uJ~J7:efd Fvu..'f1.~i(uio/1.
~U$S MouliN C1!)uir (Jtlh~i4(Jri!iirs M>lscum
~ Y~:!g('nia: i~(~ach F',-":~~n.:~OH' &'Vl;sicors B~~r~-:a;;.
.)i.enn.a- Vv~nJ.:lee:r :f-;re L1epc.11n:er:1
ViU(:"s.;.(~, 'V~~<~'''') [/o;.lu::lan<;f$
Vi'rginla Air. (!11{;' .Sp(i~Y: :J1irseun1
Viy:~i!!i';. Aq~'~ri~~2 :u.~:'Nla.rit;.1!- ;S~ie,t,::(. Center
Vlrslnia-.4r::s f'e$:iva(,
Vi.rgillil1 j)(.a;;Jt rerformir.g !uu Ci!uter
Virgim;;C:.Juf1citmJ Indian:>
l/irgi!lia Economic' Sri4g<<. lJ1C.
Virginic.Fol((:da#(jil JQr:' !-fO[/Siill: PreJ.etl>a~itm
Vi'rg hlr<rHisIor:il;(J! S()defy
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V/o()dro~; :~\'U5:jnPte:riden!i(;l Libtr:l.ry
Y ourh' O~l !rec:ch-Si::r~..ices. Ui zhe Youth Corporati.DH. In-c, f(:r
TOr:.S.L
58
T?H~t fot .s(<<tl~ :Gt:~~~s ,to ,.~on.stllte. A.g~nCt~s,.. .......... ,,,., ""0'
Fund S()ur-Ct.x.-.'(;~!neraJ.. 0,' .~"~'...'';O.'.~ u~.. ......,. " W' 0;''''''' .'~,.,'.; .... r-'
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644
1 3. The State Comptroller may authorize exemptions to restrictions upon use of common carrier accommodations;
2 4. The State Comptroller may authorize reimbursement by per diem in lieu of actual costs of meals and any other expense
3 category deemed necessary for the efficient and effective operation of state govemment;
4 5. State agencies shall identify all employees likely to travel on official business of state government more than twice per year
5 and shall reimburse such employees for their travel costs using electronic data interchange. Any exceptions to this requirement
6 must be approved by the affected cabinet secretary; and
7 6. This section shall not apply to members and employees of public school boards.
8 g. SMALL PURCHASE CHARGE CARD, ELECTRONIC DATA INTERCHANGE, DIRECT DEPOSIT, AND PAYLINE
9 OPT OUT: The State Comptroller is hereby authorized to charge state agencies a fee of $1 per check or earnings notice when,
10 in his judgment, agencies have failed to comply with the Commonwealth's electronic commerce initiatives to reduce
11 unnecessary administrative costs for the printing and mailing of state checks and earning notices. The fee shall be collected by
12 the Department of Accounts through accounting entries.
13 g 4-5.05 NONS TATE AGENCIES, INTERSTATE COMPACTS AND ORGANIZATIONAL MEMBERSHIPS
14 a. The accounts of any agency, however titled, which receives funds from this or any other appropriating act, and is not owned
15 or controlled by the Commonwealth of Virginia, shall be subject to audit or shall present an audit acceptable to the Auditor of
16 Public Accounts when so directed by the Governor or the Joint Legislative Audit and Review Commission.
17 b.l. For purposes of this subsection, the definition of "nonstate agency" is that contained in g 2.2-1505, Code of Virginia.
18
2. Allotment of appropriations to nonstate agencies shall be subject to the following criteria:
i
19 a) Such agency is located in and operates in Virginia.
20 b) The agency must be open to the public or otherwise engaged in activity of public interest, with expenditures having actually
21 been incurred for its operation.
22 3. No allotment of appropriations shall be made to a nonstate agency until such agency has certified to the Secretary of
23 Finance that cash or in-kind contributions are on hand and available to match equally all or any part of an appropriation which
24 may be provided by the General Assembly, unless the organization is specifically exempted from this requirement by language
25 in this act. Such matching funds shall not have been previously used to meet the match requirement in any prior appropriation
26 act.
27 4. Operating appropnatlOns for nonstate agencies (nonhistorical) equal to or in excess of $150,000 shall be disbursed to
28 nonstate agencies in twelve or fewer equal monthly installments depending on when the first payment is made within the fiscal
29 year. Operating appropriations for nonstate agencies (nonhistorical) of less than $150,000 shall be disbursed in one payment
30 once the nonstate agency has successfully met applicable match and application requirements.
31 5. The provisions of g 2.2-4343 A 14, Code of Virginia shall apply to any expenditure of state appropriations by a nonstate
32 agency.
33 c.l. Each interstate compact commission and each organization in which the Commonwealth of Virginia or a state agency
34 thereof holds membership, and the dues for which are provided in this act or any other appropriating act, shall submit its
35 biennial budget request to the state agency under which such commission or organization is listed in this act. The state agency
36 shall include the request of such commission or organization within its own request, but identified separately. Requests by the
37 commission or organization for disbursements from appropriations shall be submitted to the designated state agency.
38 2. Each state agency shall submit by November 1 each year, a report to the Director, Department of Planning and Budget,
39 listing the name and purpose for organizational memberships held by that agency with annual dues of $5,000 or more.
40 g 4-5.06 DELEGATION OF AUTHORITY
41 a. The designation in this act of an officer or agency head to perform a specified duty shall not be deemed to supersede the
42 authority of the Governor to delegate powers under the provisions of g 2.2-1304, Code of Virginia.
43 b.l.a) The provisions of S 4-5.08 b of Chapter 912 of the Acts of Assembly of 1996, pertaining to pilot programs for capital
44 outlay projects in selected institutions of higher education, including Old Dominion University, are hereby continued.
45 b) Pursuant to those provisions, Christopher Newport University, the College of William and Mary, Old Dominion University,
46 Radford University, the University of Virginia, and Virginia Polytechnic Institute and State University are authorized to
47 oversee the capital process for nongeneral fund capital outlay projects included in the pilot program.
J. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASK FORCE
OCEANA LAND USE CONFORMITY COMMITTEE
SHORE DRIVE ADVISORY COMMITTEE - SDAC
SOCIAL SERVICES BOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL AcrIONS
V
0 I
M B L
DATE: March 28, 2006 C E S L
D C M R C A W
PAGE: 1 I J L A N R H N I
E D 0 A D D E M '0 L W
AGENDA Z Y N N D 0 E I E S 0
ITEM # SUBJECf MOTION VOTE E E E A 0 R V D V 0 0
L R S N X F E T A N D
I!IIIIIIII
VIE CERTIFICATION OF CLOSED SESSION CERTIFIED ll-O Y Y Y Y Y Y Y Y Y Y Y
Fll MINUTES - March 14,20006 APPROVED ll-O Y Y Y Y Y Y Y Y Y Y Y
G/H/I/ PRESENTATION Catheryn
Whitesell,
FY 2006-2007 RESOURCE MANAGEMENT Director,
PlAN Management
Services
J/l Resolution to AUlHORIZE I DIRECT City ADOPTED 10-1 Y Y Y N Y Y Y Y Y Y Y
Manager to execute a Special Order by Consent
re Lake Trant dredme: oroiect
2 Ordinance to AUlHORIZE encroachments by ADOPTED, BY ll-O Y Y Y Y Y Y Y Y Y Y Y
Frank A. Joanne L Jacobs into Treasure Creek CONSENT
812237 Leeward Shore Drive. (DISTRICf 5-
LYNNHA YEN)
3 Ordinance to ACCEPT I APPROPRIATE ADOPTED, BY ll-O Y Y Y Y Y Y Y Y Y Y Y
$24,000 fran Bill and Mdinda Gates CONSENT
Foundation to Library re computer
eouiDment uD2rade in selected libraries
4 Ordinance to TRANSFER $179,200 re City ADOPTED, BY ll-O Y Y Y Y Y Y Y Y Y Y Y
Treasurer's cashiering svstem CONSENT
Kll Ordinances re Base Realignment and Closure ADOPTED ll-O Y Y Y Y Y Y Y Y Y Y Y
Commission (BRAe) compliance:
a ESTABUSH the Oceana Land Use
onformity Program and IMPLEMENT the
Oceana Land Use Conformity Committee
b AMEND Chapter 35.2 of City Code to ADD
Article 2, ~~ 35.2-10 135.2-11 to
ESTABLISH the APZ-l Technologyl
Business Opportunity Zone
c ADD City Code ~ 35-72.1 AMEND ~ 35-72 to
ESTABUSH APZ-I Property Tax Exemption
District
d AMEND the Economic Devdopment
Investment Program (EDIP) policy I re Oceana
Land Use Conformity
e AMEND I REORDAIN Article 18 CZO, ~~
1803 I 1807 I ADD ~~ 1808 -1810 reprincipal
uses (APZ-l Incentives Ordinance
f AMEND Chapter 1 of Comp Plan re voluntary
conversion ofnonconfonning to conforming uses
in APZ-l
g AMEND REORDAIN Airport Noise
Attenuation I Safety Ordinance ADD ~14 re
avigation easements within AlCUZ
h AMEND plan for compliance with BRAC
requirements! REQUEST General Assembly
Delegation sponsorship I support for legislation I
AUlHORIZE acquisition in APZ-l Interfacility
Traffic Area
OTY OF VIRGINIA BEACH
SUMMARY OF COUNCIL AC110NS
V
0 I
M B L
DATE: March 28, 2006 C E S L
D C M R C A W
PAGE: 2 I J L A N R H N I
E D 0 A D D E M U L W
AGENDA Z Y N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0
L R S N X F E T A N D
i APPROPRIATE $ 15-MiIlion re City's APZ-l /
comply with BRAC re acquisition / Oceana Land
Use Confonnity Plan re shared State revenue of
$7.5-MiIlion
Added Ordinance to AMEND 12/20/05 Ord.#2928Bre
CIPII/39~60 fir confonnity and acquisition
fund -APZ-IlInterficility Traffic Area (ITA)
2 ALCAR, L.L.c. COZ fromAG-l I AG-2 to DEFERRED ll~ Y Y Y Y Y Y Y Y Y Y Y
Conditional R-7.5 on Nimmo Parkway r-o-wl INDEFINITELY
Rockingchair Lane.
(DISTRICT 7 - PRINCESS ANNE).
3 Munden Land, L.L.C. COZ from AG-l and APPROVED AS 8-3 Y N Y N Y N Y Y Y Y Y
AG-2 to Conditional PD-H2 on of Princess PROFFERED ,
Anne Rd, south of Sandbridge Rd re single-
family homes.
(DISTRICT 7 - PRINCESS ANNE)
4 KEVIN MILLER : CUP re recreational APPROVED, AS 9-2 Y Y Y N Y Y Y Y Y Y N
facility (skateboard ramp) at 120 Ojibwa Lane CONDmONED
(DISTRICT 2 - KEMPSVllLE) (REVISED)
5 LEO LUONG: CUP : auto repair garage APPROVED BY ll~ Y Y Y Y Y Y Y Y Y Y Y
(body work) at 3440 Chandler Creek Rd, Unit CONSENT
102 (DISTRICT 3 - ROSE HALL)
6 VIRGINIA BEACH CITY CENTER, L.LC. at APPROVED AS 10-1 Y Y Y N Y Y Y Y Y Y Y
4752 Vrrginia Beach Blvd (DISTRICT 4 - PROFFEREDI
BA YSIDE) CONDmONED
aCOZ from B-3 to Conditional B-4C re mid-
rise mixed use building
b.CUP: multi-familv dwellinl!S
7 BELINDA KELTON : CUP: residential WITHDRAWN 1I~ Y Y Y Y Y Y Y Y Y Y Y
kennel at 1665 Nanneys Creek Rd. (DISTRICT BY CONSENT
7 - PRINCESS ANNE>
L APPOINTMENTS RESCEDUlED B Y C 0 N S E N S U S
BEACHES and WATERWAYS
COMMISSION
HUMAN RIGHfS COMMISSION
INVESTMENT P AR1NERSlDP ADVISORY
COMMrITEE - PPEA
MEAL TAX TASKFORCE
OCEANA LAND USE CONFORMITY
COMMrITEE
SOCIAL SERVICRS BOARD
SOUTHEASTERN PUBUC SERVICE
AUTHORITY - SPSA
N/O/P ADJOURNMENT 8:39 P.M. --
CITY OF VIRGINIA BEACH
SUMMARY OF COUNGLACFIONS
V
0 I
M B L
DATE: March 28, 2006 C E S L
D C M R C A W
PAGE: 3 I J L A N R H N I
E D 0 A D D E M U L W
AGENDA Z Y N N D 0 E I E S 0
ITEM # SUBJECf MOTION VOTE E E E A 0 R V D V 0 0
L R S N X F E T A N D
2006 BUDGET SCHEDULE
April 11 (Workshop)
April 13 (Workshop)
April 18 (Workshop)
April 20 (public Hearing)
April2S (Workshop)
April 2S (public Hearing)
May 3 (Reconciliation Workshop)
Council Conference Room
Council Conference Room at 3:00 p.m.
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
May 9 (Adoption)
Council Chamber at 6:00 p.m.
Council Conference Room at 2:00 p.m.
Council Chamber
MAY 2, 2006 CITY COUNCIL SESSIONS
CANCELLED RE
COUNCILMANIC ELECTION
"
C 3 - ~ 1 --~ h P 0 3 : 4 8
City c:>f Virgi:r1ia Beach
VBgov.com
March 31 , 2006
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-9004
(757)4274531
FAX (757) 426-5687
TOO (757) 427-4305
LESLI E L. LI LLEY
CITY ATTORNEY
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Monument and Parking Late Fee Ordinances
Dear Mayor and Members of Council:
I am enclosing, for your review, two proposed ordinances as potential add-on items
for Council's consideration on April 4. The first ordinance concerns damage to
monuments, statues, and other items on public property. Council requested this ordinance
at its last meeting, but the item was not finalized in time to be included in Council's printed
agenda package. As detailed in the enclosed agenda request form, state law prohibits
damaging monuments, statues, and other items (such as stages or benches) that are
located on public property. That state law, however, does not address skateboarding,
climbing, jumping, standing, or sitting on such monuments, statues, and items when such
acts do not result in damage. The enclosed ordinance would prohibit such conduct, unless
the item is specifically designed for such use. (For example, sitting on a bench would not
be prohibited, but climbing, standing, jumping, or skateboarding on the bench would be
prohibited).
The second ordinance concerns fines for parking in spaces reserved for persons
with disabilities. The state traffic code recently was incorporated into the City Code by
reference. The City Code section that addressed disabled parking fines was among those
sections that were repealed and replaced by reference to the state code. Although
localities are authorized to impose late fees on parking fines, the referenced state code
section makes no provision for late fees. The attached ordinance would add that authority
back into the City Code. Because parking tickets reference late fees, adoption of this
ordinance as soon as possible will resolve administrative problems currently faced by
parking enforcement officers, the courts, and the City Treasurer's Office.
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
March 31 , 2006
Page 2 of 2
If you have any questions or wish to discuss this matter, please feel free to call me
at 385-8032.
Very truly yours,
~~J--
Leslie L. Lilley
City Attorney
LLURRI
Enclosures
cc: James K. Spore, City Manager
J
1 AN ORDINANCE TO AMEND CHAPTER 23 OF THE CITY
2 CODE PERTAINING TO ABUSING PUBLIC PROPERTY
3 SECTION REPEALED: 5 23-39
4 SECTIONS AMENDED: 55 23-38 & 23-39.1 (renumbered as 23-39)
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7
That Section 23-38 of the City Code is hereby amended and
8 reordained; Section 23-39 is repealed; and Section 23-39.1 is
9 amended and reordained as Section 23-39, to read as follows:
10 See. 23 38. Damaging, defacing, etc., property generally.
11
(0.)
If o.ny peroon, unlo.~;fully but not feloniouoly, deotroyo,
12 defo.ceo, do.ffio.geo or removeD ~ithout the intent to oteo.l o.ny
13 property, reo.l or peroono.l, not hie o~n, he oho.ll be guilty of 0.
14 Clo.oo 3 miodemeo.nor.
15
(b)
If o.n} peroon intentiono.ll} co.uoeo ouch injury, he oho.ll
16 be guilty of 0. Clo.oo 1 miodemeo.nor. The puniohment for o.ny ouch
17 TJiolo.tion in ,;hich the defo.ceffient io (i) more tho.n 20 feet off the
18 ground, (ii) on 0. ro.ilroo.d or high',;o.y overpo.oo, or (iii) committed
19 for the benefit of, o.t the direction of, or in o.ooocio.tion ~ith o.ny
20 crimino.l otreet go.ng, 0.0 tho.t term io defined by Code of Virginio. 5
21 18.2 16.1, oho.ll include 0. mo.ndo.tory minimum fine of five hundred
22 dollo.ro ($500.00). The o.mount of 1000 eo.uoed by the deotruetion,
23 defo.cing, do.mo.ge or removo.l of ouch property mo.y be eoto.bliohed by
24 proof of fo.ir mo.rkct coot of rcpo.lr or fo.ir mo.rkct rcplo.ccmcnt
25 vo.luc. Upon conviction, thc court mo.y ordcr tho.t thc dcfcndo.nt po.y
1
26 reoti tution.
27
(c)
nfter giving notice to the owner ~nd leooee, if ~ny, of
28 ~ny priv~te building or f~cility th~t h~o been def~ced th~t, ~:ithin
29 fifteen (15) d~yo of receipt of ouch notice, if the o',mer or leooee
30 doeo not cle~n or cover the def~cement or object to the remov~l of
31 the def~cement, the city m~y cle~n or cover the def~cement ~t the
32 city '0 eJcpenoe.
33 Sec. 23-38. Abusing any monument, memorial, statue or other items
34 situated on public property; penalty
35 It shall be unlawful and a Class 4 misdemeanor for any person
36 to climb, walk, lump, stand, sit, skate or ride upon any monument,
37 memorial, statue or other item not specifically desiqned for such
38
use that is situated on public property.
Should this unlawful
39 activity cause damaqe to the monument, memorial, statue or other
40 item, then it shall be punished as described in State Code ~ 18.2-
41 137.
42 Sec. 23 39. Damaging or defacing property in or on otreeto, lanco
43 or public oquarco.
44
45 E'vTery peroon ',:ho oh~ll m~liciouoly, ',:~ntonly or c~releooly
46 m~rk ',:i th ch~lk or d~ub ',:i th p~int, cut, bre~k or other,:ioe inj ure
47 or def~ce ~ny fence, ',:~ll, poot, l~mppoot, l~mp or l~ntern, tree,
48 tree bmc, oho',,' ',:indO'.:, houoe or other building or oide',:~lk in or
49 upon ~ny of the otreeto, l~neo or public oqu~reo of the city, oh~ll
50 be guilty of ~ Cl~oo 1 miodeme~nor.
51
2
52 CO~ENT
5 3 This amendment will make the acts of climbing, walking, jumping, standing, sitting, or skating
54 upon any monument, memorial or statue or item situated on public property a Class 4 misdemeanor.
55 Additionally, the provisions of the City Code relating to the destruction of property have been repealed
56 because State Code ~ 18.2-137 addresses these crimes, making the unintentional destruction of property
5 7 a Class 3 misdemeanor, the intentional destruction of property resulting in less than $1,000 in damages
58 a Class 1 misdemeanor, and the intentional destruction of property resulting in $1,000 or more in
59 damages a Class 6 felony. Violations of City Code provisions may not be punished as felonies. Citing
60 violations under the state law will give law enforcement officers and the courts greater flexibility.
61 Sec. 23-39.*- Cutting, etc., of trees, shrubs or other vegetation
62 upon city property.
63
(a)
It shall be unlawful and a Class 1 misdemeanor for any
64 person to cut, trim, damage, deface or remove any tree, shrub or
65 other vegetation upon city property, or to cause, procure or direct
66 the cutting, trimming, damaging, defacing or removal of any such
67 tree, shrub or other vegetation, without the written authorization
68 of the landscape services administrator or the city arborist. If
69 any person shall commit any of the acts prohibited herein upon more
70 than one tree or shrub, a separate violation of this section shall
71 be deemed to have occurred with respect to each such tree or shrub.
72
(b)
The provisions of this section shall not apply to any cutting
73 or trimming of vegetation required by section 23-50 of this Code or
74 to routine trimming of shrubbery upon city property, and shall not
75 apply to city personnel engaged in the performance of their duties.
76 CO~ENT
7 7 This amendment renumbers Section 23-39.1 to 23-39, since the current Section 23-39 is being
7 8 repealed.
79 Adopted by the City Council of the City of Virginia Beach,
80
Virginia, on this
day of
, 2006.
3
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
----r 1/Ut? 1'. (l~/~~ i1:y ,1~(7
~-'I?3lice' Department .
~~
City orne 's fic~
CA9942
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March 31, 2006
4
1 AN ORDINANCE TO ADD SECTION 21-303.1 TO THE
2 CITY CODE PERTAINING TO PARKING IN SPACE
3 RESERVED FOR PERSONS WITH DISABILITIES
4 SECTION ADDED: 5 21-303.1
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7
That Section 21-303.1 of the City Code is hereby added and
8 ordained, to read as follows:
9 Sec. 21-303.1 Parking in space reserved. for persons with
10 disabilities.
11
12 ~ It shall be unlawful for any person to park any vehicle
13 in a parking space reserved for persons with disabilities that
14 limit or impair their ability to walk, unless such vehicle is
15 displaying disabled parking license plates, an organizational
16 removable windshield placard, a permanent removable windshield
17 placard or a temporary removable windshield placard issued under
18 Code of Virginia, Section 46.2-731; or DV disabled license plates
19 issued under Code of Virginia, Section 46.2-739, Subsection B.
20 Spaces reserved for persons with disabilities shall be identified
21 by above grade signs in accordance with the provisions of Code of
22
Virginia, Section 36-99.11.
All disabled parking signs shall
23 include the following language: PENALTY, $100-500 Fine, TOW-AWAY
24 ZONE. Such language may be placed on a separate sign and attached
25 below existing above-grade disabled parking signs, provided that
26 the bottom edge of the attached sign is no lower than four (4) feet
27 above the parking surface.
28 ~ It shall be unlawful for any person without a disability
29 that limits or impairs his or her ability to walk to park a vehicle
30 with disabled parking license plates, an organizational removable
31 windshield placard, a permanent removable windshield placard or a
32 temporary removable windshield placard in any parking space
33 reserved for persons with disabilities that limit or impair their
34 ability to walk, except when transporting such a disabled person in
35 the vehicle.
36 (c) Any operator of a motor vehicle parked in violation of
37 this section in a parking space reserved for disabled persons on
38 public property or at a privately owned parking area shall be
39 subject to a fine of not more than five hundred dollars ($500.00)
40 and may be issued a summons or parking ticket, without the
41 necessity of a warrant being obtained by the owner of such private
42 parking area.
43 lQl When a notice or citation is attached to a vehicle found
44 parked in violation of this section, the owner of the vehicle may,
45 wi thin fourteen (14) calendar days thereafter, pay to the city
46 treasurer, in satisfaction of such violation, a penalty of one
47 hundred fifty dollars ($150.00). Such payment shall constitute a
48 plea of guilty for the violation in question. If such payment is
49 not postmarked or received by the city treasurer within fourteen
50 (14) calendar days after receipt of such notice or violation, the
51 penalty shall be two hundred fifty dollars ($250.00). The failure
52 of any owner to make payment as prescribed above, or to present the
53 notice or citation for a violation of this Section at an office of
54 the city treasurer for certification to the general district court
55 within thirty (30) days shall render such owner, upon conviction of
56 such violation, subj ect to a fine of not more than five hundred
57 dollars ($500.00).
58 (e) In any prosecution charging a violation of this Section,
59 proof that the vehicle described in the complaint, summons, parking
60 ticket, citation, or warrant was parked in violation of this
61 Section, together with proof that the defendant was at the time the
62 registered owner of the vehicle, as required by Title 46.2, Chapter
63 6 (~ 46.2-600 et seq.) of the Code of Virginia, shall constitute
64 prima facie evidence that the registered owner of the vehicle was
65 the person who committed the violation.
66 (f) No violation of this section shall be dismissed for a
67 property owner's failure to comply strictly with the requirements
68 for disabled parking signs set forth in ~ 36-99.11 of the Code of
69 Virginia, provided the space is clearly distinguishable as a
70 parking space reserved for persons with disabilities that limit or
71 impair their ability to walk.
72 ill The terms "disabled parking sign," "organizational
73 removable windshield placard," "permanent removable windshield
7 4 placard," "temporary removable windshield placard," and "person
75 with a disability that limits or impairs his ability to walk" when
76 used in this section shall, for purposes of this Section, have the
77 meanings respectively ascribed to them in Section 46.2-1240 of the
78 Code of Virginia.
79
80 COMMENT
81 This amendment reordains former City Code Section 21-371 at 21-303.1. This ordinance will
82 allow the City Treasurer to continue increasing the fine for unlawfully parking in a space reserved for
83 persons with disabilities from $150.00 to $250.00 ifthe fine is not paid within the 14 days following the
8 4 date the ticket was issued.
85
86
87 Adopted by the City Council of the City of Virginia Beach,
88 Virginia, on this day of , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
.~~~
City easur
~~fi';e~
CA9972
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March 31, 2006