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APRIL 4, 2006 MINUTES CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I 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 MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 4 APRIL 2006 I. CITY MANAGER'S BRIEFING 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 A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - 3:30 P.M - Conference Room - 4:30 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf 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 - 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 ofthis 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 TASKFORCE 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 - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 4 April 2006 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re Towing in the City Council Conference Room, City Hall, on Tuesday, April 4, 2006, at 3:30 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None April 4, 2006 - 2 - MA YOR 'S COMMENTS 3:30P.M. ITEM # 55063 Mayor Oberndorf referenced a request from the United States Conference of Mayors on behalf of the Honorable C. Ray Nagin, Mayor - New Orleans, Louisiana. As a result of Hurricane Katrina, Mayor Nagin is requesting assistance from cities all over the United States re purchasing or sharing one or several pieces of various equipment one of which is lawn edgers. Mayor Oberndorf gave the list of all needed items to the City Manager. ITEM # 55064 The City Manager introduced, David Hansen, Chief of Finance and Technology, effective April 3, 2006. David will assist City Manager Spore by leading the development of the City's annual budget, its capital improvements program and all financial forecasting, analysis and management. David also will supervise Communications & Information Technology, including the Data Center, computer systems support and telecommunications. David holds a Master of Science Degree in Strategic Studies and Logistics from the Industrial College of the Armed Forces, a Master's Degree in Business Administration and Contracting from the Florida Institute of Technology, and a Bachelor of Science in Business Administration and Accounting from the University of Central Florida. David's career in financial and technology management has spanned nearly three decades. As the Chief Financial Officer for the u.s. Army's Training and Doctrine Command in Fort Monroe, he has held positions as CEO, Commanding Officer and District Engineer of the Army Corps of Engineers, Norfolk District; Director of Public Works for Fort Eustis and Fort Story; Senior Engineer Trainer for the Army's National Training Center in Fort Irwin, Calif; and Executive Officer to the Director of the Army's budget at the Pentagon. April 4, 2006 - 3 - C IT Y MANA G E R 'S B R IE FIN G TOWING ITEM # 55065 3:30 P.M. Charles W. Meyer, Chief Operating Officer, presented information concerning Towing in Virginia Beach: Problems and Solutions. The Resolution is to be referred to the Towing Advisory Board with 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. This is scheduled for the Formal Session. This recommendation is requested by April 25, 2006. Mr. Meyer identified the two (2) types of tows: Consensual (entails accidents and breakdowns) and Non- Consensual (illegally parked vehicles). TOWING VOLUMES Summer 2005 (May-September) Non-Consensual 3201-Private 3782-Public Two Year Total Tows 2004-2005 37,744-Private 30, 852-Public 68, 596-Total PROBLEMS WITH NON-CONSENSUAL TOWS Tow operators only accept cash, and they require exact change Lack of Information Vehicle owners-especially tourists-may not know: Where their automobile has been towed Who to call for information Whether they need exact change Where to find an A TM LACK OF COURTESY BY TOW OPERATORS No Consequences for Rudeness TOW SURVEY PROCESS INADEQUATE Not all tow operators are forthcoming with survey forms Current database lacks precision needed to determine relevant trends Limited consequences for violations of City Code provisions and policies Current survey process is ineffective April 4, 2006 - 4- CITY MANA GER 'S BRIEFING TOWING ITEM # 55065 (Continued) Mr. Meyer cited the problems unique to Private and Residential Parking areas. P' L R 'd 'I P k' A rlvate ots eSI entza ar In!!. reas Predatory Cruising Inadequate Signage Property owners are not required to call and Signs lack information that might deter one specifically request that a vehicle be towed from parking illegally Blanket authorization allows tow companies to Signs do not advise cost of fine, tow or tow at will, even when the business served by the impoundment fees lot is closed. Inadequate Signage Signage in some lots not visible at every entrance Signs lack information on how to retrieve towed Vehicles State Law gives the City four (4) options with respect to Towing: The City may rely on the State to regulate all aspects of towing, including towing practices and fees The City may regulate towing practices, but let the State set fees The City may regulate towing fees, but let the State regulate towing practices; or The City may regulate both towing fees and towing practices Without Local Regulation A vehicle towed from Virginia Beach could be impounded in another city Lot owners would not be required to include the cost of the tow, name of business that owns the lot, and whether parking is restricted to certain persons, such as customers on lot signs Lettering on signs could be of any size, and signs could be made of any material Tow operators would not be required to notify police within 30 minutes of a tow, and failure to notify would not subject the tow operator to prosecution Mr. Meyer advised pending State legislation will enable localities to prohibit predatory cruising by requiring written authorization at the time the vehicle is towed. The Ordinance could curtail kickbacks by excluding anyone with a financial interest in the towing company from authorizing tows. This legislation will also establish a statewide Towing Board to regulate towing. April 4, 2006 - 5 - C IT Y MANA G E R 'S B R IE FIN G TOWING ITEM #55065 (Continued) The City currently maintains a database on all tows (whether private or public), which is maintained in the Office of Public Information. This office also has the ability to provide assistance to the callers: location of vehicle, cost to retrieve, types of payments accepted, the location of ATMs and taxi information. Public Information can also advise re obtaining a towing survey and lodge a complaint. This Summer, the Police Department is also proposing to implement a courtesy patrol (to assist visitors and individuals whose vehicles have been towed). Another tool available to the City is the Police Department's list of tow companies that are approvedfor police-directed tows. Only companies on the Police list may tow vehicles from public property, such as City lots, garages and residential parking permit areas. Given that approximately 'half of all tows during the Resort Season are from City property, exclusion from the list would likely financially impact tow companies. The Police would more aggressively use removal from the authorized tow list as an incentive for tow companies to be courteous to vehicle owners and to stringently comply with all requirements and regulations. The City can require all tow companies to provide change and require acceptance of credit cards for tows from public property as a condition for inclusion on the list. A contact number and Residential Parking Permit as well as deterrent information may also be added information to City sign age. Associate City Attorney Rod Ingram distributed a matrix of Towing Concerns and Proposed Solutions Concerns Private Lots Public Lots RPP Areas Accept cash only; no change Amend City Code to require tow 1. Amend City Code to require 1. Amend City Code to require tow operators to provide change tow operators to provide change operators to provide change 2. Amend police wrecker list 2. Amend police wrecker list criteria to require acceptance of criteria to require acceptance of credit cards credit cards Who to call for information Create pamphlet with towing N/A Add 311 city information number to information, including 311 (city information number RPP area signs number (tow company contact already on signs) information already required on signs) "Predatory Cruising" Enact City Code provision to N/A N/A require specific written (police-requested only) (police-requested only) authorization from businesses and address issue of kickbacks Inadequate sign age N/A N/A Redesign signs with additional (city information number already (informative sign age properly information, including 3 I 1 number on sizns) posted) Lack of courtesy 1. Police courtesy patrol and Amend police wrecker list Amend police wrecker list criteria CSOs to be source of information criteria to permit removal to permit removal because of lack and assistance because of lack of courtesy of courtesy 2. Distribute informational pamphlets (including costs, 31 I information number, how to find where vehicle has been towed, accepted forms of payment, location of A TMs, taxi phone numbers, how to lodge a complaint) 3. Business that contract with towing companies will be informed of complaints April 4, 2006 - 6 - C IT Y MANA G E R 'S B R IE FIN G TOWING ITEM #55065 (Continued) Councilman Reeve suggested just ticketing the car rather than towing. The City Manager advised, as a parking ticket is only $35.00, individuals would abuse this to park as long as desired. Councilman Maddox referenced discussion with Associate City Attorney Ingram relative raising the cost of a parking ticket. If the offender is from out of State, the individual can simply "tear up the ticket ". In this instance, the City has no recourse. The City would not find it good business nor economically feasible to expedite the offender back to the City for the cost of the parking ticket. Councilman Villanueva suggested a citizen's program for those who patron the Oceanfront establishments. This program would provide permits to allow citizens to park the entire night. Mr. Meyer advised there is an option if the owner of a bar is advised by a client that they cannot drive, the owner of the bar can make contact with the police and make arrangements for driving the patron home and tagging the vehicle so as not to be towed. Mr. Meyer advised the "311" number for towing information does not workfrom a Cell Phone, only from a LAN Line. The phone number for the Public Information Office is 385-3111 and this number would be necessary from a Cell Phone. Council Lady Wilson suggested the idea of a "boot ", rather than towing of a vehicle, be reviewed. Associate City Attorney Kathy D. Rountree advised this option has been reviewed; however, due to the statistics re the number of tows, 'hundreds of boots would be required. Currently if a tow company were to collect $100 for an $85 tow, the individual would have the right to file a "cause of action" independently. The City could not intervene. Associate City Attorney Ingram advised, however, if the Towing operator does not provide change for the tow and the City's recommended ordinance is adopted, the City can prosecute. This would be a Class I Misdemeanor and would entail up to a year in prison with a fine of $2500. The City Attorney advised the RPP (Residential Parking Permit) has a towing provision because the neighborhoods have requested same. The parking fine could be substantially increased. However, the towing is important to these neighborhoods to remove the illegally parked vehicles. Council Lady McClanan requested information be provided relative the total funds generated by the towing companies. Associate City Attorney distributed an Alternate Version 2 of 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 which is scheduled for the Formal Session (eliminating the verbiage "Requested by Councilman Maddox" and including two (2) minor changes. April 4, 2006 - 7 - CITYCOUNCIL LIAISON REPORTS 4:12 P.M. ITEM #55066 Council Members Wood and Schmidt, Liaisons to the SANDLER CENTER FOR THE PERFORMING ARTS, distributed their report, which is hereby made a part of the record. A meeting was held today relative the Theatre. It is on schedule. Present Status November 1, 2004: Notice to Proceed was issued to Clancy and Theys Construction Company January 2005: Formed Capital Campaign/Non-Profit Foundation Steering Committee January 2005: Developed Campaign plan, timeline, roles and responsibilities of members February, 2005 - March 2005: Update Business Plan/Activity Profile - completed April 1, 2005: Issued RFP for Programming and/or Management June 2005: Non-Profit Foundation awarded tax exempt status by Internal Revenue Service Summer 2005: Demolition of Pavilion theatre December 5, 2005: City Council Briefing on final interior design and plaza design details February 14, 2006: Capital Campaign reached 50% of $12.5- MILLION goal. February 21, 2006: Council Briefing on Management company, City Council proceeds with negotiations with Global Spectrum Ongoing: Recruit members to the Campaign Steering Committee and Honorary Advisory Committee. The Advisory Committee to work in design review, facility usage and public awareness Construction Activity Highlights Northeast and South west 2nd floor slab-on-decks (J 4' elevation) are in-place Second phase of stage house concrete columns (3rd lift, 35') are in-place Proscenium stage truss in place CMU west exterior walls are - 80% complete Roof joist Northeast area in place Installation of rough-in waste/vent piping Southwest l't and 2nd floors in progress Installation of rough-in HVAC ductwork Northeast l't floor in progress Exterior finishes mock up completed April 4, 2006 - 8 - CITY COUNCIL LIAISON REPORTS ITEM # 55066 (Continued) THE SANDLER CENTER FOR THE PERFORMING ARTS Near-Future Actions Spring 2006 - Management Pre-Opening Services Contract Execution Spring 2006 - Management Post-Opening Services Contract Execution Fall 2007 - Opening of new Performing Arts Theatre Unresolved Issues/Issues Under Study Block 6 Northeast Parcel: Cost and schedule impact under review for a concurrent PAC and 6E parcel construction with a mid- September 2007 inaugural performance. ITEM # 55067 Councilman Maddox, Liaison to the CONVENTION CENTER, distributed his report: Said information is hereby made a part of the record. Project Budget: The project budget is $206,844,513. The work is currently progressing on budget and projected to be completed within this amount. GMP and Construction Status: The current amount of the Construction Management Agreement with Turner Construction is $159,323,058. As of March 31, 2006, the gross billings were $131,683,956 for completed work. Schedule: The current contract completion date for substantial completion of Phase IBis December 15, 2006. Turner is currently twelve (I2) days behind schedule. Construction Activities: Phase I A: Punch list is 99% complete. Should be finished by mid April, includingfifty (50) metal wall panels Video wall demonstration is scheduled for April 21, 2006 Phase I B: Continuing with concrete floors, walls and columns Continuing with the utility tunnel under the exhibit floor Continuing with parking lots and drive lanes Roof truss installation: As of March 31,four (4) trusses have been set April 4, 2006 - 9 - CITY COUNCIL LIAISON REPOR TS ITEM # 55067 (Continued) CONVENTION CENTER Issues: Working on the design and cost to install a canopy from the ballroom pre-function area to the ballroom drop-off area. . Due to complaints about the boardroom, a redesign of the boardroom table is in process. Councilman Villanueva requested scheduling open houses for the public to view the new Convention Center. The City Manager shall inquire relative keeping the Coffee Shop open for breakfast and lunch. April 4, 2006 - 10- CITY COUNCIL COMMENTS 4:15 P.M. ITEM # 55068 Mayor Oberndorfreferenced attending the City Council Candidates' Forum on Monday April 3, 2006, at the Fountain Room - Taverna Restaurant. As she was leaving, two (2) members of the Real Estate Tax Assessment Task Force advised their report had included a request for a separate auditing firm to review the assessment process. They had not been advised if this has been accomplished. Council Members McClanan and Wilson were Liaisons to the Tax Assessment Task Force. Council Lady McClanan advised in the June 28, 2005, report to City Council by Chair Thomas Betz, the Task Force recommended a consultant be hired to review the process. An outside consultant might assist in establishing additional credibility with the public. Catheryn Whitesell, Director - Management Services, provided correspondence to Council Members McClanan and Wilson re the status of the recommendations of the Tax Assessment Task Force. The objective is to work with Jerald Banagan, Real Estate Assessor, to devise a Request for Proposal (RFP) of consulting firms to bid re a review of the assessment process encompassing independent studies of the commercial and residential process. This would be accomplished over the Summer. After that, City Council would be advised of the results of the study. Council Lady Wilson referenced the assessments this year encompassed more detailed information relative Tax Relief Programs than in previous years. Council Lady Wilson has received many favorable citizen comments. Last year, the Task Force discovered any new assessments with a real estate tax bill over a 5% increase (not just senior citizens) could be deferred, according to State Law, until the property was sold. The City does not have a local ordinance, but this could be established. Catheryn Whitesell advised further State legislation to clarifY this language has been passed, but at the present time has not been signed. Jerald Banagan advised this enabling legislation relative deferral has been present since the mid J 990 's and applies to both commercial and residential. Vice Mayor Jones inquired if a specific group (i.e. Senior Citizen) could be selected for the deferral. Mr. Banagan did not believe a specific group could be selected. The City Attorney and Management Services shall review and advise. Councilman Maddox referenced many citizen concerns of being assessed more than a 24% increase. There should be a baseline real estate tax bill increase across the board. ITEM # 55069 Mayor Oberndorf referenced signing correspondence to the Members of the General Assembly concerning returning the personal property tax (which had been curtailed) to the cities. The City Manager advised Virginia Beach bills in the Spring and if the State did not return this revenue to the City on a timely basis, the revenue would go into July (another fiscal year) and thus "throw" the accounting system off. Patricia Phillips, Director of Finance, advised this time last year the Personal Property tax reimbursement to localities should have been budgeted in FY 2006 instead it was pushed to FY 2007. The current plan is for the State to pay Virginia Beach in July, August and November. If the reimbursement is received beyond the fiscal year end, these funds cannot be utilized in the current year. Since the State does have a surplus, the State should consider paying the funds out of the current year instead of the following year. $270-MILLION is the Spring biller issue. April 4, 2006 - 11 - CITY COUNCIL COMMENTS ITEM # 55070 Councilman Dyer advised during the City Council Session of March 28, 2006, he referenced the meeting of the Fourth Precinct Citizens Advisory Council on Thursday, March 23, 2006. There were discussions relative the "gang markings" in the Glenwood area. The citizens brought photographs of the "markings" depicted on playground equipment, trees and fences. These "markings" must be removed expeditiously. Thus far, there have not been any removal efforts. Residents of the Glenwood community have advised of even more markings. The City Manager requested the location of all the markings and he will see that these will be removed. Vice Mayor Jones advised he would also provide information relative "gang markings" to the City Manager ITEM # 55071 Mayor Oberndorf referenced a telephone conversation with Delegate John J. Welch, IlL re polling City Council to determine favorability with the Regional Authority to tax and oversee road spending and the tolls. Mayor Oberndorf advised with City Council's concurrence, she will contact Delegate Robert Tata to arrange a meeting with City Council and the City's General Assembly representatives to discuss this legislation. The representatives will bring copies of this legislation. ITEM # 55072 Councilman Dyer referenced receiving a memorandum: "On Wednesday of this week at 2 minutes and 3 seconds after 1:00 in the morning, the time and date will be 01:02:03 04/05/06. This will be the first time and only time this will ever happen. " April 4, 2006 - 12 - AGE N DA REV I E W S E S S ION 4:33 P.M. ITEM # 55073 1.4. 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 David Hansen, Chief of Finance and Technology, advised last year there was a grant initiated by Delegate Robert Tata and funds were appropriated. The grant is administered through the Virginia Department of Historic Resources. ITEM # 55074 Ordinance to ADD Section 21-303.1 to the City Code re parking in space reserved for persons with disabilities. The City Attorney distributed this Ordinance and advised the City recently incorporated the State Traffic Code into the City Code by reference. The old City ordinance that addressed issues involving parking in spaces reserved for persons with disabilities was removed from the City Code. State Code Section 46.2- 1242 does not provide for additional late fees should the offender fail to pay the fine within the fourteen (14) days following the date the ticket was issued. Associate City Attorney Kathy D. Rountree advised this Ordinance will allow the City Treasurer to continue increasing the fine for unlawfully parking in a space reserved for persons with disabilities from $150.00 to $250.00 This item shall be SCHEDULED for afuture Agenda ITEM # 55075 Ordinance to AMEND City Code Chapter 23 re abusing public property, including monuments, statues, etc. The City Attorney distributed this Ordinance to be ADDED to the Agenda. Currently, if an individual climbs, walks, jumps, stands, sits or skates upon a monument, memorial, statue or other item, a police officer may only cite the individual if his or her conduct results in damage. BY CONSENSUS, this item shall be ADDED to the Agenda. April 4, 2006 - 13 - AGE N DA REV IE W S E S S ION ITEM # 55076 BY CONSENSUS, thefollowing items shall compose the 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 thejive-foot (5') portion of the City's Easement at 2411 Ketch Court (DISTRICT 5 -LYNNHAVENj 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 FY2005-2006 operating budget of the Convention and Visitors Bureau re reimbursing expenses for the 2005 Rock 'n' Roll Half Marathon Item 1.1. (Resolution referring Ordinance to the Towing Advisory Board) shall be ADOPTED, BY CONSENT, with the revised Alternate 2 Version of the Ordinance Council Lady McClanan shall vote a VERBAL NAY on Item 1.2 Item 3a. shall be DEFERRED until the City Council Session of April]], 2006, BY CONSENT. Item 3b shall be DEFERRED INDEFINITELY BY CONSENT. April 4, 2006 - 14- ITEM # 55077 Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Human Rights Commission Investment Partnership Advisory Committee - PPEA Meal Tax Task Force Ocean a Land Use Conformity Committee Old Beach Design Advisory Committee Shore Drive Advisory Committee Social Services Board Southeastern Public Service Authority PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property - Lynnhaven District Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION (4:46 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox (Recess: 4:46 P.M. - 4:48 P.M.) (Closed Session: 4:48 P.M. - 5:37 P.M.) (Dinner: 5:38 P.M. - 6:00 P.M.) April 4, 2006 - 15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL April 4, 2006 6:00 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 4, 2006, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. April 4, 2006 - 16 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55078 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55077, page 14, 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 RESOL YED: 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 certificationresolution 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. ~.t~I'.~=::- Ruth Hodges Smith, MMC City Clerk 4 April 2006 - 17 - Item V-F.1. MINUTES ITEM #55079 Upon motion by Council Lady Wilson, seconded by Councilman Reeve, City Council APPROVED Minutes of the INFORMAL AND FORMAL SESSIONS of March 28, 2006. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 - 18 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55080 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance to AMEND City Code Chapter 23 re abusing public property, including monuments, statues, etc. April 4, 2006 - 19 - Item V-G.3. ADD-ON ITEM #55081 Upon motion by Vice Mayor Jones, seconded by Councilman Diezel, City Council ADDED to the Consent Agenda as Item 1. 5. Ordinance to AMEND City Code Chapter 23 re abusing public property, including monuments, statues, etc. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 - 20- Item V.L RESOLUTION/ORDINANCES ITEM #55082 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 2, 3a (DEFERRED) /3b (DEFERRED) 4 and 5 (ADDED) of the CONSENT AGENDA. Item 1 was ADOPTED, AS REVISED (Alternate Version 2), BY CONSENT Item 2a was DEFERRED, BY CONSENT, until the City Council Session of April 11, 2006 Item 2b was DEFERRED INDEFINITELY, BY CONSENT Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NAY on Item 2 (AMEND Code re Minority participation in City Contracting) April 4, 2006 - 21 - Item V.I.1. RESOLUTION/ORDINANCES ITEM #55083 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED: Resolution REFERRING to the Towing Advisory Board for recommendation by April 25, 2006 an ordinance (Alternate Version 2) 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 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 1 2 3 4 5 6 7 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 th~t the City's Towing Advisory 8 Board review proposed ordinances pertaining to the use of tow 9. truck services to enforce parking restr-ictions 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 lS 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 April 25, 2006. Adopted by the Council of the City of Virginia Beach, Virginia on the 4 day of April , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ;:??~ ~ City Attorney's Office CA-9973 H:\PA\GG\OrdRes\TAB.res.doc R-l March 30, 2006 --ALTERNATE VERSION-- 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, -425, -426, and -429 of the City Code 9 are 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 is 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 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 (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. 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 (b) The signs required by this section shall be at least thirty-six (36) inches in width and thirty (30) inches in height. Lettering for the capitalized words shall be at least three (3) inches in height and, for all other lines, at least one and one- half (1 1/2) inches in height. The face of the sign shall be composed of aR engineering grade reflectorized sheeting or like material. The name of the business may be on a separate sign, but must be adjacent to the primary sign containing the information required by this section. The provisions of subsection (a) above shall be applicable to any parking area located on private property including parking areas of apartment houses, condominiums and nonprofit organizations. (c) In addition to the provisions of subsections (a) and (b) above, if towing is enforced twenty-four (24) hours a day, the sign or signs required by this section shall include the wording "TOWING ENFORCED TWENTY-FOUR (OR 24) HOURS A DAY" in letters at least three (3) inches in height. In the alternative, an accompanying sign containing this wording in letters of the same height may be placed adjacent to each sign required by subsection (a) above. (d) Vehicles may be towed from designated fire lanes approved by the fire department on private parking areas open to the public on which are posted signs as required by subsection (a) above, provided that such fire lanes are properly marked, including the posting of above grade signs stating FIRE LANE-TOWING ENFORCED. 95 (e) It shall be unlawful for any tow truck service or 96 operator to tow or otherwise move a vehicle from any privately 97 owned land or property wi thin the city, unless such land or 98 property is properly signed in accordance with this section. 99 (f) An owner or operator of private property who enforces 100 parking restrictions on the property by use of a tow truck service 101 shall offer a copy of the survey and comment form developed by the 102 Towing Advisory Board to anyone who contacts the owner, operator, 103 or any employee or representative of the owner or operator, 104 regarding a vehicle that has been towed or released after hookup 105 from the owner's property. 106 CO~ENT 1 0 7 This amendment requires businesses to offer a towing survey and comment form to anyone who 108 contacts the business regarding a vehicle that was towed or released after hookup from the business's 1 0 9 parking lot or area. 110 111 Sec. 21-422.1 Written authorization required 112 No tow truck service or operator shall remove any trespassing 113 vehicle from private property without first obtaining, at the time 114 the vehicle is towed, specific written authorization of the owner 115 of the property from which the vehicle is towed, or the owner's agent. Such written authorization shall identify the vehicle to be 116 117 towed and shall be in addition to any written contract between the tow truck service and the owner of the property or his agent. For 118 119 purposes of this subsection, nagent" shall not include any person 120 who either (i) is related by blood or marriage to the tow truck 121 service or operator or (ii) has a financial interest in the tow 122 truck service's business. 123 CO~ENT 124 This amendment requires tow truck services to obtain specific written authorization of the 125 property owner or agent before towing a trespassing vehicle from the property. This written 12 6 authorization will identify the specific vehicle to be towed. This provision should curtail the practice of 127 "predatory cruising" by tow truck operators. Additionally, if the property owner's agent is related to 128 the tow truck service or operator or has a financial interest in the tow truck service's business, the agent 12 9 is not permitted to authorize towing from the property. 130 131 Sec. 21-423. Business license requirements; identification of tow 132 trucks. 133 (a) No tow truck service or operator shall remove any vehicle 134 from public or private property unless the tow truck service 135 possesses a valid business license issued in accordance with 136 Chapter 18 of this Code. 137 (b) All tow trucks operated by a tow truck service shall 138 display the name, address and telephone number of the owner thereof 139 on both sides of the tow truck on permanently mounted signs or 140 painted directly on the body of the truck in reflectorized letters 141 large enough to be readily legible, but in no case less than two 142 (2) inches in height. It shall be unlawful to operate a tow truck 143 displaying an incorrect name or address, or a telephone number 144 which is incorrect or not in service. 145 Sec. 21-424. Release of vehicle to owner or custodian prior to 146 towing. 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 (a) If the owner or custodian of any vehicle not authorized to be parked in a private parking area returns after a tow truck service has arrived but before the vehicle has been towed from the private parking area, he may reclaim the vehicle whether or not it is fully hooked up to the tow truck, and it shall be unlawful for the tow truck service or operator to refuse to release the vehicle. However, if the vehicle has been hooked up, or is in the process of being hooked up, the tow truck operator may charge a drop fee not to exceed twenty-five dollars ($25.00) before releasing the vehicle or discontinuing the towing process. The process of hooking up shall be defined as (i) the removal and/or unreeling of any towing equipment from the tow truck after the truck is positioned to effect the tow, whether or not the equipment has been attached to the vehicle, or (ii) the lowering of a hydraulically-operated lift in preparation for loading the vehicle. (b) If the owner or custodian is unable or refuses to pay the fee set forth in subsection (a) above, the vehicle may be towed and the tow truck service may charge its basic fee for the tow. Whenever a vehicle is towed under these circumstances, the tow truck operator shall permit the owner or custodian to remove personal items from the vehicle prior to the tow. (c) No tow truck operator shall request payment of the fee set forth in subsection (a) above or tow any vehicle thereafter if the charge is not paid unless he shall first provide to the owner 171 or custodian of the vehicle a copy of this section. The tow truck 172 operator, upon receiving such payment, shall provide to the owner 173 or custodian a legible receipt containing the name of the towing 174 service, the date, time and place of vehicle release, and the name 175 of the tow truck operator. A copy of the receipt shall be retained 176 by the tow truck service for a period of one (1) year and shall be 177 made available for inspection by city police or the commissioner of 178 the revenue during the normal business hours of the tow truck 179 service. 180 (d) Notwithstanding any provision of this section to the 181 contrary, if a police officer determines that a vehicle is needed 182 as evidence in a criminal matter, or concludes that, based upon 183 surrounding circumstances, the failure to release a vehicle is 184 likely to result in a disturbance of the public peace and good 185 order, such officer may order release of the vehicle without 186 immediate payment by the owner or custodian thereof of the fee set 187 forth in subsection (a) above; provided, however, that nothing 188 herein shall preclude a tow truck service or operator from civilly 189 pursuing payment of such fee at a later date from the owner or 190 custodian of the vehicle, or from the owner, lessee or agent of the 191 parking area. 192 Sec. 21-425. Po1ioe Public Information Office to be notified of 193 removal of vehiole. 194 (a) At the time of removal of any vehicle by a tow truck 195 service operator, or no later than thirty (30) minutes thereafter, 196 the police diop.::ltcher City's Public Information Office shall be 197 notified of such removal, specifying the location of the storage 198 yard to which the vehicle will be towed and the telephone number 199 which the owner should call to reclaim the vehicle. The police 200 diop.::ltcher Public Information Office shall be given the license 201 number and state of issuance of the license and, if known, the 202 vehicle identification number and the make, model, and year of the 203 vehicle towed or to be towed. 204 (b) If notified by the diop.::ltcher Public Information Office 205 or any law enforcement officer that the vehicle is subject to 206 seizure by law enforcement authorities for evidentiary purposes, 207 the tow truck operator or towing service shall forthwith relinquish 208 the vehicle to such authorities and shall not be entitled to 209 recover any costs or fees. 210 CO~ENT 211 Tow companies no longer contact the Police Department regarding vehicles towed but instead 2 12 contact the City's Public Information Office. This amendment reflects that change in procedure. 213 214 Sec. 21-426. Charges for towing and storage of vehicle; receipt 215 required. 216 (a) No tow truck service or operator operating within the 217 city shall, at any time, charge a basic towing fee greater than the 218 fees set forth below: 219 TABLE INSET: Gross weight of vehicle Maximum fee 11,000 pounds or less $ 85.00 11,001 pounds or more 285.00 220 The basic fee shall be inclusive of any additional towing services 221 such as the use of a dolly. This subsection shall apply only when a 222 vehicle is moved or towed without the prior consent and agreement 223 of the owner or custodian of the vehicle. 224 (b) No tow truck service or operator shall assess any charges 225 for storage for the initial twenty-four (24) hours, nor charge more 226 than twenty dollars ($20.00) per twenty-four-hour period 227 thereafter, for any vehicle with a gross weight of 11,000 pounds or 228 less removed from private property without the consent of the owner 229 or custodian of the vehicle, whether such tow originates in this 230 city or any other jurisdiction. For vehicles with a gross weight of 231 more than 11,000 pounds, a storage fee not to exceed twenty dollars 232 ($20.00) per twenty-four-hour period may be assessed after the 233 first twenty-four (24) hours. Delays caused by storage yard 234 personnel shall not be included when computing storage charges. 235 (c) I f any vehicle is not redeemed wi thin seven (7) days 236 after it is towed, the tow truck service shall be entitled to 237 recover an additional fee, not to exceed fifty dollars ($50.00), as 238 payment for the cost of any search conducted to determine the 239 registered owner and lien holder, if any, of the vehicle. 240 (d) No tow truck service or operator shall charge any fee for 241 mileage, or any other fee in addition to the basic towing fee set 242 forth in subsection (a) above. In order to ensure that no tow 243 truck service or operator collects more than the fees authorized by 244 this section, tow truck services and operators shall provide change 245 for cash payments made by any person whose vehicle has been towed 246 or released after hook up. 247 (e) A monetary receipt for each and every fee collected must 248 be given to those persons whose vehicles have been towed by a tow 249 truck service, or released after hook up, upon release of the 250 vehicle. The information on the receipt must be clearly legible and 251 include the time, date and place of the tow, the name of the tow 252 truck operator who made the tow, and the name of the tow truck 253 service for which said operator works. The receipt must also list 254 the amount of money paid for the release of the vehicle, any 255 additional charges incurred in the tow" and the reason for said 256 additional charges. The following shall be printed conspicuously on 257 every receipt: "NOTICE: Virginia Beach City Code 5 21-426 (f) 258 requires the tow company to offer you a Survey and Comment Form 259 with this receipt." A copy of the receipt must be retained by the 260 tow truck service for a period of one (1) year and shall be made 261 available for inspection by city police or the commissioner of the 262 revenue during normal business hours of the tow truck service 263 owner. 264 (f) A survey and comment form, developed by the Towing 265 Advisory Board, shall be offered to those persons whose vehicles 266 have been towed by a tow truck service, or released after hookup, 267 upon release of the vehicle. 268 CO~ENT 2 69 This amendment requires tow truck services and operators to provide change for cash 2 7 0 payments. 271 272 Sec. 21-427. Requirements for storage yard. 273 (a) At the storage yard of each tow truck service, there 274 shall be a sign prominently displayed specifying tow and storage 275 rates. 276 (b) If an attendant is not on duty twenty-four (24) hours a 277 day, seven (7) days a week, to return vehicles upon the payment of 278 towing and storage charges, the sign provided for in subsection (a) 279 hereof shall also contain a telephone number where the owner, 280 manager or attendant of the tow truck service storage yard may be 281 reached at any time so that a towed vehicle may be reclaimed by its 282 owner in a minimum amount of time, not to exceed two (2) hours. 283 (c) Each tow truck service storage yard shall provide 284 reasonable security and protection for all vehicles towed, whether 285 such tow originates in this city or any other jurisdiction, 286 including illumination of the storage area during hours of 287 darkness, and including a fence enclosing the storage yard if an 288 attendant or security guard is not on duty twenty-four (24) hours a 289 day, seven (7) days a week. 290 (d) During the hours of darkness, the operator shall provide 291 an area sufficiently illuminated to enable an owner to inspect a 292 vehicle prior to removing it from the storage yard. 293 (e) It shall be unlawful to operate any tow truck service 294 storage yard or to deposit, impound or store any towed vehicle 295 herein, unless said yard is in full compliance with the sign, 296 security and lighting requirements of this section and with all 297 applicable zoning regulations, licensing requirements and use 298 permits, established by this Code. 299 Sec. 21-428. Tow truck service operator's log. 300 Tow trucks service operators shall, within thirty (30) minutes 301 of vehicle hook up, complete a record of the make, model, year and 302 vehicle identification number, if known, of the vehicle, its 303 license number and state of issuance, the time, date and place of 304 removal, the name of the tow truck operator who made the tow and, 305 for each entry of tow, the signature of the owner of the private 306 lot, or his representative, requesting and authori zing the tow 307 shall be required. A letter of authorization from the owner of the 308 private lot or his representative, when carried in the tow truck 309 making the tow, shall be sufficient to meet this latter 310 requirement. Such record shall be retained by the tow truck service 311 for not less than one (1) year, and shall be available for 312 inspection by city police during normal business hours of the tow 313 truck service owner, including any time that a vehicle is being 314 impounded or reclaimed. Failure to keep and retain such a record, 315 or omitting to make a true and complete entry for each vehicle 316 towed, or failure to surrender such record to any police officer 317 upon request shall be unlawful. 318 Sec. 21-429. ~scellaneous prohLbited acts by tow truck service or 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 operator. Except when acting as an agent in the legal repossession of a vehicle, it shall be unlawful for any tow truck service or operator to: (1) Tow or otherwise move a vehicle from any area or portion of a public street without either the consent of the owner or custodian of the vehicle or authorization from a police officer or other designated official of the city. (2) Block the movement of or tow or otherwise move a vehicle from any private road, driveway or any other privately owned land or property within the city without the consent of the owner or custodian thereof, unless: (i) The vehicle is parked in a designated parking space of a decal-controlled parking area and is not displaying a decal or other form of authorization issued by the owner, lessee or agent of such parking area; 336 (ii) The vehicle is parked in a designated parking space 337 of a non-decal-controlled parking area during any 338 period when the business (es) serviced by the 339 parking is (are) open, and the tow truck operator 340 obtains the written consent of the owner, lessee or 341 agent of such parking area prior to towing the 342 vehicle; or 343 (iii)The vehicle is parked in a non-decal-controlled 344 parking area during any period when the 345 business(es) serviced by the parking area is (are) 346 closed, and towing is enforced twenty four (24) 347 hours a day by such business (es) ; or 348 (iv) The vehicle is parked on any portion of a parking 349 area In such manner as to block ingress or egress 350 to the parking area, or to block access to a 351 dumpster or properly marked service or delivery 352 area, or is otherwise parked in a portion of the 353 parking area that is not specifically designated, 354 by lines, curbs or similar markings, as an area for 355 the parking of vehicles. 356 No vehicle shall be towed pursuant to subsections (i) (ii), 357 (iii), or (iv) unless there is a written contract between the tow 358 truck service and the owner, lessee or agent of the parking area to 359 remove all unauthorized vehicles from the parking area, the tow 360 truck operator has a copy of such contract ln his or her 361 possession, and the owner, lessee or agent has complied with all of 362 the signage requirements set forth in section 21-422. 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 (3) Tow or otherwise move a vehicle from any private road or driveway, or from any other privately owned land or property within the city to a place out of the city without the consent of the owner or custodian of the vehicle; provided that, after a period of not less than twenty-four (24) hours following the initial towing of a vehicle, as recorded in the police dispatcher's log, any such vehicle may be moved to a storage area located outside of the city, with prior notification to and approval of the police department. Notwithstanding the above, if a tow truck service or operator owns or leases a storage area located outside of the city, and such storage area is closer to the location from which a vehicle is towed than the closest in-city storage area owned or leased by the tow truck service or operator, such vehicle may be initially towed to the storage area located outside of the city, provided the tow truck service or operator is authorized to do business in both ci ties, charges a fee not greater than that fee authorized ln Virginia Beach and invoices the tow in Virginia Beach. (4) Block any vehicle, other than when on the property of the tow truck service, to prevent the movement thereof by its owner or custodian who has appeared prior to the vehicle being hooked up and desires to move the vehicle. 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 (5) Wait for employment by standing or parking on public property. (6) Drive a tow truck or wrecker along any street to solicit towing. (7) Tow or otherwise move a vehicle from any place in the ci ty utilizing a wrecker or tow truck which is not insured as required by section 18-55.1 of this Code. (8) Provide false information to any police dispatcher concerning any vehicle towed. (9) Require the owner of any towed vehicle to wait for a period exceeding two (2) hours for release of a vehicle. Any delay over two (2) hours caused by failure to monitor or respond to calls placed to the operator's designated telephone number shall constitute a violation of this section. (10) Move any vehicle to any intermediate place of storage, or to any location other than to the registered secure storage yard of a tow truck service, unless specifically requested by the owner or custodian of said vehicle. (11) During the initial twenty-four (24) hours after the vehicle is towed and upon request by any owner or custodian of a currently licensed vehicle, deny or prevent access to said vehicle for the purpose of removing personal items, whether or not the owner or custodian is then able to reclaim the vehicle. After the initial twenty-four (24) hours has expired and upon the request by 408 any owner or custodian of a currently licensed vehicle, no tow 409 truck service or operator shall refuse to allow such owner or 410 custodian access to such vehicle once per day between the hours of 411 8:00 a.m. and 5:00 p.m. 412 (12) Assess or collects any charge or fee in excess of, or in 413 addition to, the charges and fees authorized by this division. 414 (13) Fail to provide a monetary receipt, for each and every 415 fee collected, containing the notice provision outlined in section 416 21-426(e) 417 (14) Fail to make the survey and comment form developed by the 418 Towing Advisory Board available when the vehicle is retrieved. 419 CO~ENT 4 2 0 This amendment prohibits a tow truck service or operator from collecting more than the fees 421 authorized by this City Code division. 422 423 BE IT FURTHER ORDAINED that this ordinance shall become 424 effective July 1, 2006. 425 426 Adopted by the City Council of the City of Virginia Beach, 427 Virginia, on this day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ~~r City Attorney's Office CA9917 H:\PA\GG\OrdRes\Proposed\Tow Truck Service ORD v2 R-6 April 4, 2006 - 22- Item v'L2. RESOLUTION/ORDINANCES ITEM #55084 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND Section 2-224.1 through 2-224.8 of the City Code re Minority participation in City contracting Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None April 4, 2006 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 E-efforts: 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 Beid ~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 Minority 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 76 o',:ned buoineooeo th:J.t :J.re eng:J.ged in buoineoo :J.O prime 77 eonotruetion contr:J.ctoro. Such liot oh:J.ll 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 m:J.int:J.ined purou:J.nt 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$501000.00) shall be required to contain a 90 ot:J.teffient oetting forth the good f:J.i th minority o',:ned buoineoo 91 p:J.rticip:J.tion efforto c.Jhich the bidder h:J.o undert:J.ken in the p:J.ot 1 92 :J.nd c.,hich the bidder intendo to undert:J.Jce in connection ',;ith 93 perform:J.nce of the contr:J.ctproposed Woman and Minority 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 (cEi) The purchasing agent shall :J.loo ffi:J.int:J.in :J. liot of 99 minority o',:ned buoineooeo th:J.t :J.re eng:J.ged in ~J:J.riouo fieldo of 4 100 conotruction oubcontr~cting. Such lint nh~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~yment, ~ll contr~ctoro muot provide 109 document~tion reg~rding the ~ctu~l good f~ith minority o..med 110 buoineoo p~rticip~tion efforto undert~lcen in connection ..Jith the 111 contr~cto. 112 113 114 115 Sec. 2-224.4. Same--Contracts for provision of goods and services. 116 (~) The purch~oing ~gent oh~ll m~int~in ~ lint of minority 117 o..med buoineooeo th~t oupply v~riouo good ~nd oerviceo. Such liot 118 oh~ll be provided, upon requeot, to ~ny intereoted p~rty. 119 {B+ 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 SBflsection 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 (ab) Every proposal submitted in response to a rcqueot for 140 propOO.J.lo ("RFP.!L.j- shall be required to contain a ot.J.tement oetting 141 forth the good f.J.i th minority m:ned buoineoo p.J.rticip.J.tion efforto 142 '....hich the reoponding p.J.rty h.J.o undert.J.k.en in the p.J.ot [ .J.nd '.Jhich 143 the reoponding p.J.rty intendo to undert.J.k.e In connection '.dth 144 perform.J.nce of the contr.J.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. 152 153 154 155 Sec. 2-224.6. Responsible and responsive bidder; qualified offeror. 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 "good f~ith minority o~ned 168 buoineoo p~rticip~tion 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 4th day of April , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Qt~ fA/)fi~/.~J11J4 Flnance epartment CA9931 H:\PA\GG\OrdRes\Proposed\2-224 et al Minority Contracts Ord R-4 March 27, 2006 9 - 23 - Item v'L3.a. RESOLUTION/ORDINANCES ITEM #55085 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of April 11, 2006: Ordinance to AUTHORIZE temporary encroachments: 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 - LYNNHA VEN) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 - 24- Item v'L3.b. RESOLUTION/ORDINANCES ITEM #55086 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY: Ordinance to AUTHORIZE temporary encroachments: 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) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 - 25 - Item V.L 4. RESOLUTION/ORDINANCES ITEM #55087 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: 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 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 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 IN' 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 In' 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 In' 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 4 day of April , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I ') J/1iIYLi. C ( +t~ City Attorney's . fice Manag CA9966 X:\PA\GG\OrdRes\Rock n Roll Half Marathon ORD R-4 March 24, 2006 fage lot 1 Lee Hedberg ,........._~._...........-..................~...'...,.,.'.,...'...........,............. ......;.;........;..........;,;.;...;......,........._.~.~........,....;;.;.~...;..-~.;.....;....;.:.:..~....._....:~_...........~...........__._....,,;.._..;........;......;..,..;.........;._.....:.;......._..............,..._............___._____ ....~,.,.....n._..,........................ From: Jam!e C. Lewls(Jarr'lie.Lewis@dht.vlrginla.govJ Sent: Thursday, Feqn.lary 23, 200610:41 AM To: Lee Hedberg SubJed~Unk to. 2005 AppropriatIon Act Mf. Hedberg, Pet our phQne conversatiM, here Is a link to the 2005 ApproprrationAct frornthe Code of Virginia thatsho\vs theorganizatlof\s that were awarded fIscal year 2006 grants, The listing begins on page 522 and the grant we havebeenttscusslngls Hstedon page 525 (VirginiaBeachCcnventlOl1and Visitor's Bureau, $75,000), ltis Qurunderstandingperthegrantapplication that this <:l\.vard lsfortheRockand8ollHalf Marathon, Please let me ImowH'1 carl be of further assistance. http :!flegJ ..~l~te, Vq.V$./9.5 t/P\,Jp/lJVQg~tQ9.pqf Jarnle Lewis Financial. AnalysliGrants Manager Department of. Historic. ResourceS 10 CourthOU$e Avenw:! Peh':lr$burg,. VA 23803 804-862-6416 2/23/2006 & 9 HI 11 12 13 14 IS 16 11 111 19 20 11 2Z 23 24 ,~ -:> 26 ~~ "J Zg Z9 30 31 32 33 34 35 :'>6 37 ,~~ 39 40 4i 42 43 44 45 4ll ,n 4& 49 50 51 52 53 54 ,-"l'} ~l~ i.TEM531, Item lletai!s{$} FixstYeer Secil-.tld Ycar FV2I.l0$ I"'0,006 ApI)l'I)priitH(lIlS($) First Y~J' S~(:()nd Y~~r rY20l>S FY2/)l)6 STATE GRANTSTONONSTATE1{N'f,lTmS 2 ~.1-134,.l. STATe GR.ANTSTONONST.4 Tcl.;'AGENClBS (9.~~j .3 53/. 4 I"!><<incl('! AssiSli).Jlt~ f(.'f' ellifllm! t;1ldArtiJ'lic Aj)'!1irs (}43{){)j. ..," ..;.... ......... ;oo;..;... .... ,..............;.;.. ......,....;. ,.....,.... $J4.1l9]49 $X'jJJGO :5 Fund: S:O{.(r(:t~s~'('rener.at; ,..~... 'H~'" ..... c, -.,";. "...........-;,.....-....,... $25.oexJ $34.119,749 (} A. Ora,':zs provided for in lllls itt:m shall be: {;diniiiiste.ted. i:~,/.-:he 1)~paf1'metlf .of.fhi5'f()l"ic Re_sourc~s. 7 8. PriOI' i!J !h~ distribi.!io[l ,:~f CllY funds, lhe (?tga.~izdtioN- - oj. f:tUily--xiullt. ,>>.akt~., ai:'l#icaliol! }O the Dfpa,~-tm(~rd ih tl forma, Pf'f~scr~,!)ed: by the i){~parln'Wnt. 7/1': ,;~pplic(J:~~{jn ~yj;.:~U SUHt ~~l-:hO:Jh~~r ,gl~{.:gf liuuts P,(f)~;'lu't~i.l :tu~de~'" tlt:i! irem' "..,,~~it!, :bt'_u$eci - Ivy purposes:. of op~~rai{:n.?__ _~YUj"'P;,)rt, or :cujJt_t(~!;'. (u~t!aY(:N~~ :shaU :r)I.<:r~dd_e_':u, s !a.tC?~~,~:n{ - -;jt~_sc~ii)i.ng _ -rh" - or g_afH~(l_{i()!l'~r' _ ~;r ~n:tl?'~$ !~(;(Jn()J:>}ic ber~i'.jft -;0', rhe, ,Cuitunl)nWt"!utth- ir~" fe,nn~' :<;f ::'isitc~fonl p4y,.ol!, : or, :_ ~!~t,i(, " er.()JN:;~~ic: : c()ntn~uUDfl;{' t/n.li?~.;" tnhef1vis'f! .rpecfti(~d:, i.1{ ,this_ _ i!~n:-l_ _the Ina.1\,'h[n!{ "malmt.> jor gr{.:Ilt!flind~.dfrQm.lhiJ'.ilcm.may be.cash ..?r .lll.killd C!mlribuliQlls. as .r<!qil.J!t!ed. by the .111.1#}'tal'! org(JI1izGtiiQ!l in iU. appfi/.'at/oll fi.'r .ftM~ .srant ji.lI1ds; Th( ,Deparf1Nen! .shaU -USe: :appUcablf-.lerlerai-guid~dh~(~s in a>.sl!uin,'?fite v,llue 0/ itl.k.ind (;Ol!iributioils to f),? ~t;;~dasHla.u.-:h.ing :ar~/.nm!:t. C.,:..'lnY/;!.i.J(U;.(:f~,f not df"(:~"..'n.. .dCh'.H by n::cipie::; o(!;(~niw,~i(l.'1x()n .lu"/! .W,. 2006.1n:'m oppr(;prialim)S in this- :i;,~tn- :Sh(~!fl:ot:n{it;ri. {O. ::11(: -ie:fujrCl!. fund" :0:</ :sh<:Jl b~ . ca.rn:e4: ji.il"W(:rd, (,'H . th:e:!;~'-()~~ . 0.(. ,thole c: ()tl}jjlrf}U(~r" Th<-S<1bah;,n.ces .~i>At! .,rerrwh;. qvaHrrbi~ ji>r di$trlbu#of! to : qil~c{td : f!rgn~':(h(f!lvn.$ -",:;til' JU:~te - 30, ,2007,:, ia ' ..,.)hi(~h tiln.e:., any ,urrdis'I/:'i!)#-uui bal.a:nc€J", shall. rever: : to.:: ,the g~Mr(ll fur:(1. .f,-UcjJl. thtH. ill the .we 4oyga/ii~ati(Jl:ti '.-\'hkh lut~te . not: :Jfled ':t.(i. (iPfi~'<tafion: .to, rec.~i:~:{~ t}u!i~ a[JpT(;p,.ia!i{w~s .f;yD~~cember- -1; 1005~ .f.h.e_ Gc',;'~rn~)r rMY . dit.('C'I. tfW uk ./U1.distrilw:!ed lm!f.i,U-'f"'l;e. rcver!ed 1<' .llu; genera! jwu/olI chat. d~;;J;'; The. GO\I(mWT shall Yepor{.a~'n()!-Snt.s_ . reverted: and. the - -afl~c;;:d. j)y-ga,~liZ{)'lk."'frrs In.. the .2006. }fu:d,gr;~t - Hil!. f.'t. The (Jpprr;pria16:u? to thoSt. t~nti.tizsin. thi.r. iw'Yn. that r.,"J'(i'lUlrKed }<)[th ~m.';Hlfrjsk (*ish(l!l not br: .~ubft:.C:tt() the. match;'!:.!::: r~~'t.iJfireu;en :s(~f -~ '4..5.-05 of Jhi.~ ac!.' E:. (;r(i'~ts. .are, - Ji.fY-f.by /Jiade _ If: e{J{;h :o/'. tiu~-- f,,'Ho.wii1g t)rgfJ~ihfjt!:dn:S' : a~1,f ?u~titi~~s . S"~~l~iect:: tL~ ,-:rjU! c~jJ1(jainns::iU J~')r!h (," p:t.!ragraphs /L,.B.,(;.nd ,C.a.f lh~'s Henl: 4.lJ 1,'d:,cai/mwi(:llm;;rs, Mthe. hrglltta NiP,', .1.mfu:rSl Coumy JHu.,-eul!1 (~ltd Histor!c(;I.1 Socjery Ah"Pdtt."?e ..1.fuS1;Uf)JI(.;"DuNdatio,f! Ariingli>n ,':ig.llcwre Th,,'atre lvalltJr7a-flvlus,llfln t?flhp. V.S~ A.r>>;.y,Ui the A:rrny ifistoFi.cat J~-'o~((!(iG(ion. {o.r Arf'M:,s@.Ill()fWarl'm Virgirda A.ns alid Educaf-b.--m it: (,,'ofJcr.r1- A'\,i)~....~rJ. tv1iu~'u,m~~' .a:.nd .Hisi:"J(f:i:~ot $(Jcie;> fJa}$chv,>i Cu!mrCltAr[.~' G'I1.Mt' rk(:~'orr 'r:~"(J# r Year! 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Smmr,:; CIl<1m.pioruhip Hor,',' Show, ~o the Virginil14 .Hfor Ch{~~alJer.1ke:Aj-hoh'!tuin Ch!hiren's ':\1useuj1tq(\."h~~fll'h:t Chd:$ti{u!.~'bur,~ -1nSlitu}<,\Jvfns~~urn cmd'A rch{vc Chrysler Muse.ail ClmrdfQU<.1r!t'r Coal A1i;u'5(s A1i1JluiriaJ CoW Ww. ;"1<~~(%~'; t.~oult;-;i!fetforth(2 H L~!(j,..kCtlvMtry lJauli:j: C(.'tIJwrHm',~~ {,....n:ib -(Jit..~ka.>'d JWusd~iiri_a1>ld Pfdtteer, Pail:';: bJf:~ [),m)>W"M~I,fe lim of/"lne An.." Cll1dNLwory Dinwiddi;t bi'sfl'tute . [)OJ!F..s:: In, E. Trillk.le' R~g{tmaj. Visitors Ce!;t~r.f() tM 70W,1 o/H'ythe\,illefc,'r E{;'umeJ~i~,<<[. Cmnm.miryHelpingO!he i)' (ECHO) b}liJ.~i.(~w P/(IJi;iltl.':(j.lt E;VS ,{'o({tf(((;tion eft .lih7ni]~tnlal Afii.a/u:('ffbrSttll:CtIrsFoh'\{?lnen f I~~$se.xCt.'unrY !duSejj.H~ 1~:rfeJ.' C('ille.r Fi1irli1:(,)'ttUion- Kajfnxld J'f::scwr: Fai:r7e}df~uuldati(}H First Frf!l!d!.)m:C~"~1t~r f'redukHliur'g A,.t'., Mw;e"m a!uj C:.lltm-al ('@l('/' l~ret:40~~fj}{us;;uni: ,_ ._'.'. . Pre.l'.dow P;Jrk..b:-Janies CilY ('O/lJ1.t:'i Frc,nck and IndiaIlWcn'PolllUla#ofl f'rim~ds <if !!teF'air!m; Slmia/l Frr:(~nds 1)".( '~VUden~e;~!: Bd:.tlejie!d (Jt:.'$-eraf. Charles P(1tHOH it-lerc-erL~faveSit!~' (iencral- !)ough't->}..f(lt'Airhar Foundatic'l/. GeOtRe C, l4arshallPoululali(}tl (7~<lrg(~'}'v'c~$hir:g;()n.:~ J.'f~rry:Fan'? G'redi Bric({fft Bantejli!ld VixitorCrm.rer 6'reenW{:~f Court lh~;l,d ljVoJ.A')'ho~:.'J A t'/ (~.en:er ffal'~~1~:-e)+C<)l?~,"!u(\iriry Cf.'N:er ~fc:lr:."'l,!~n' :~{'.!S'r).~~l1t f()rAjl;i~;'(!;~,-A fnffi~,'W~. Cu.[(s.trt~ .r1t:'HYIC:US- !-O~UU.I(H1i.iil fJio'mrlc ,Imr;e.WJWIle,f<j A P~f.4thr fJ isi6d.ca] Old $t~,tr{e..J.-[!J;h,Scht;of ,ifj L(J!.r.i,Ul l-{is1of'J-J.1f(~(:"f!:' and :rJi~.u)rh;aJ. So(:ietyof ~.1~t~Sb?>~n VirSmi!l Ho!ida.y Ho/,'se . H<< 1m/: Plf.,yerii Je.wL')h :Conurnu;'i.t:>; Celacto,(ly(;rtl:ern Virgf~Ji:a Item IMulls($'J I;'irst Y ear S~::{Jud Yell!" FI'Zi}l}S FY211a6 (I (} o () o () (! o o (1 o o o o () D o o o (I (I (; o o (f (-.:" o o " v () o (J u o () (} o () f) () () 0' " v o {) (I (I o () o (j U " c' " " 1) {j (I o I) o o (; o (; Appl'i.lprtll.tionsC$) First Yf!at" SC('.QudYear f'Y2U05 FY2()06 25,000 50,(100 50,000 37.500 Il.5(Xi 50J)(J(i 500{}O 6'7,500 12:,500 ;,i)/)(J(J }7,500 Z5,(1(.~} 150/)(J{} 50,:{){}O 50,0(1) 7.,,000 25,000 20u;()()Q 25.01/) 27.50Q 300,00(; 2'~~/O(J(} 540}JOO' 7;500 !2.50(;~ J 25J)()O 50/fiX} 25.ftOD 52,500 ./2.76(; }2,50(,l 25.,000 12.500 Z5,(){}(} 50, (.lOC) 25, (){}(! 5, Ot)() 15.N}{) 100FOOO 7.500 J2,500 } 25l)OO 520,.000 100,000 50,(;(.>() 10,000 }'/J 50!) }O,OOO '. (>00 50,00.0 IOu~OOO j 50, 000 125.000 j 2, 5(1) 150,000 25,000 50, W!) 55,()IX) 200,WO 50,000 3 'J. JOD 2S}){)(; l5,OOO 50,OOt} 1 :: ~) 4 :5 (} 7 8 9- HI 11 12 13 14 13 16 1/ t8 [9 ;W 21 22 23 24 25 26 27 2li 29 30 31 3Z 33 ~~:1 3S 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SO 51 5:2 53 54 55 56 57 58 59 @ <;1 62 63 64 514 ITJ~M5:n. Item IMal1s($) FkstYcar $l!'(!1JndYcllr FY2005 1<"<'2006 .fe.wishCmli!di/or flie. At-flit /(~'r'/~~}~ _ toundarion for, Gr:o;.;.p 'H,1tn.!!S .fe>"i.Jh, Fow,datiOH J~l1' Gr<;:<p HomM, Rtmo,<.y.m>.ms Rwish. SO('U# S(}i'vi.ceAg~nC>, h.tx,j EW'!;f H<.\m,t'pi{H.:e, !O [he; lIJ.b<J! A. /:'(,rl)' PreserY(ItUm Trust foJ' Kerr Piace/vfJ<S(um,w the EaslemSt,,(fr.(:Hi;rtoricuiS(<(dety!or 'Ki:ng and QU.t.'en ,4.4(ltri~~;u School' PJ'(.~if~ct K insa.li,-}'(;i;:j,:da1.ioi: La Cr,)ss!!BCltel LMHu.Ubfo.n.~h)ll l.et~HaU Tmill Depot 1~!'f.IjuF'eNd(,i!l Ho~:..~~, RK{:Jair.'t Uf:;erju H()us/! Lit11t~ .f~;:gk:~ndCh(fpef", (~J the- !~ltwtawn"tsp)'(J~.:er./ta~t ((f!<! <:h..icCI:J.'b!or {arum Commll11l1yAcritiil C.mla l.~ynchf.iiirg- ~4 (;{;.iJc:.>1i.;',()/-Fil1t: A H:$ Lynn;U[..rf~.ri 11(;~/.se. L-:.'1Yic: Thea.tre M(wCa.Ur/JIIl>k,rK. }d:;.I<"umand ("'ard~rl:" l>,fari'twCor,{)S U(!ritage FOUlrdmiOl, M.1ry &t!l\t'a.rh!.I/~}on. Mu.l'<,utrt tmdLib rat)' A1l';~n()kln. Fo-unJaN"o;,v: Mtrn'iwms/fow:. Cilwch M,wo Richmond Sparr.!.' Bad<ers ;\4(JI;:p~li~r _Ce."Jler f(u' A,Y/s aniIEducatl(H; l'r1onlpeiief' Fi.)I..il1dtalon MNhy lhmse Ml($~lI.Ill ly!.oiO/lCon.ll11lJtlity C,~1lt>:r ~'.f U:)i~f.tJ!; -of {h.~, Sht.h(llf.doah. V<jilr:y iV~lionai- Reh,jbUi:i;JiOl/.:&Redi-sc()V€lY ,I<'"(;fi,;u.iaii!;n tJ~tu~al f1Yid~~e- -Votui1.;~~er F'lre' Deparnnen{ biey.:.~<)rt~e I{nusl'! .l~l1U:.~~u:~n and- CU!::;t.('{;rce.,(~;i!r NO/folk Bo:tQnical Gardem }./() tf.A._ 'R(~gi(;n(ti Park .fl~4Jhnrity ()(Jklj;,ncJ~ tQ: dte ,\I~ht(!li, ('cmn{.': }4usi:.~ ~lln, ~'if fII.<~u'jfYfi.) r (1(J,~iJ SCH:f.{i}O(cirer:r_ _10: the (:Uv of P(N.tSJt;ij~uh for ()arlonds . ' - , Old Brick Ht)JJs!~ FOl,'nd(1!J'(>}1. Our fil:a!lh,. hoc; Pala(;~_."l).u:!al~r it;. ,(;ope ,Cht;r!e.<; Pa r~1)).~Di~nt-Tftea tr(f ?atri~kCof-/I1:Y' .~.1usi(' Asso(:ia:~i.on p,urivtPrc.jed Pc.rmdtu:';nL~1urker -...far.the 400rh ,lnn i-i:er.';ary~lo -[he .lCJfne..\'!Ol-FU . Y{)rA:~c.wn F'()Hndi;.i:i(fnj~)j' #:e Po(:ahan:::!S. :lnc. Popiar Fores, P<,';([S,(HoJ(/h Lil>n~;:.y-, :t<; the C/ty.of P(}rlslrt.oU-lhj"or the p {lh:uki--r'i;1~ A (IS' Cf:tUtji" plJ]mki 7hM,Mr RdiirOD:d /\1!I.feUn1: --.- :r:lt(Jtht;,~~;t{"~ : (jlt: P.i~fsylva~?i(i }f~~,};{r:;riG;al Socie.(.; for R(tilj"oa41Yfus~11m. df Vlrglni(( Ralph Si4'j~c!Y M:IS('.i<(r:(lllIiTradit,o!l!~I MOlm#li/l Musk Ce/l{U Red f:1i!.t.Sirrlt!t:; to -ihl~ :!)<.ilrick l1enryMerfJ-c)rial: :fn~/!<i(l;ion,Jor Reedviillf ,r'i:dt!?rmQ.n,'s:!~fuse:un f(i~Jn{;:* Area ~~e.di~~(~l1-i~<:jthEiped:.lton {ltA}\.1} Nl~:ildJl /i.r{iC't~nter Richmond Hr.!ier Ri<.1Un(;nc!- K()r(~n SeniorCiri::.an A.vsoc, Riddickfs :Poliy..lnc. Rip,t?O/tLD~-1gt' R:Jan.(d~:..S\;tnDhvnv ROSt:n.watd_: S~h<)()[ 8~~il~1~~n~~!d 6r'~~fls~~~tl('. . C~lu!/.t)'f(Jr R{;.fr.~~'rl/ef-1; F(H'.JlJ.<<-#d!! o () {} () o () o o () I) (; () o 0: (l o f) I) (} o o o o o {) () (I () o o () o f) o o () o () (.I o i) :) Q o () o {) () o 0- o (}- o () (} () () {l o (; (I I) o Appr{>priI$1k<ll~($! Fk;;t Year StCllnd Yeur FY2JllIS FY2(}06 J 2l)(){J 45,000 5/),000 40,000 12,5(}() 15,000 SO, 000 }a,OOO 125,O(J() X',OOO 5&\O()O 5CUKf(} 62..5W 7( $[}{) 15,O(X) 4JO.O()() J5.{.;{}{) 5/xJO 22,500 t..w. I.XX) ) O. O()O ?a,OW 2.\000 .50,000 5.000 ZOO, 000 {2,500 ;, S.D(}(; 3BCi.O{){) 25 ,C~1() 40, OiJO 37,;00 50, DOG IOO,DOO 50,000 40,000 53.7:50 75,000 WO,viJO J2;;'jiJO 2:0,000 l21500 ),-O(;U 50AJOO 9.000 70o.Doo lOO,OO(} 12,50(,) 37~500 121500 JOO.Oi){} 50,000 ! 2,5(10 100/YJO 25.000 135.()()G -;5//00 is/X)[I 4,233 :'Jf), {)DO 5/)00 25~.OOO 45.000 8 9 HI t1 12 13 14 lS l~ 1'7 IS 19 tiJ 11 ZZ ZJ 24 1-5 !f; .,., H' ~a 2'1 3U 31 32 33 34 .~5 36 37 38 39 40 41 42 43 44 45 46 *7 48 49 SO .., ~A 52, S3 S4 S5 56 57 5ll cS9 m~l\f 531. 1 2 "- ,> 4 5 6 7 ~ 525 Sakm ffWorical Soci(!fv Sc/roi>MrYirginia ..' Scifilll;e Museum ,~f "Ve.llMnV;'qjinia Sr.dcll'a Ce.nur SM.rraruiod.. Valley 8allk/ield.;' Pt>undatic!/l Sht.n<ma'oah. Vaile.,'1Disco \'tn'}Musf.um SpN:ia!.r OI:pllpi"S Q/Viqrinia, '(nc. St .lohn $ Chun'h Fo~{nd<<iio!1 St~ .I\1a)T '~'i lfea/!A -tVag6n S~~~H~n.i{;h Per:/'i)nn.i:n.g 'Ar(~~' C'erHer Steamboat,'.'fust'!tU; S!OJ;.cv..:al! Camp #380: f,:,) porrsnwulA C."'Gnfedtr!lte--J~1onr,Mnt~/U [iJi" Stral{ord lkill The B(,lrt;s(J{R(lcl'~hm 'l7MBrJi'rer Foun.amlon Tfu:atti! it' Thk"~~lt(.r CellretfCJt Sp~,<~(h <1n4.l.angllage. Di.wrt!{:rs n}I.I!,~rlli!1 Herimg<< .+fu,ellln Tod i. restl>'((!. to.}w City of PortM!Ql<ihj'or lile T()'wn .<~r r:')cah{)nl~~:; "FraU-_af the ,L.()i'i.eson~e Pbl( Tre vlllic;JJ .Srati(.l;fL B(.:-uJ~J7eld Foun.dcu;"vn USS ~:1rtO!{bf,~'rC~lllir c[fh~/:1otirh~FS lW~,.W~u:n~ t!~.!ginia: B,~({.chC(J!n't'!n.ti()Ji&. Visi[orsB~jn~av, Vien.ncfV()i~~f-:f:et..f' Fi.rf:' Lieparfl:mH~f ViUag(~, 'f~~'{:W l/():'n~.:iati(,J!s Virginia Air,ana' jj)("(<.;Y; .:\1ir.:~;eHln Virginip A_!!.~f{}}'i~{}J1.and!tilaYiN~ :ScieJt~::f.f Center Virsb~k: ilr;s.f~~;~:iv<1.f, Wgini,~ Urad1 Perform[r't Am ('miter Virg:ma COUIl(i<' OiJ Inaiwl. V[rginia Ecollomic Bridge, 1}!{~. VirgiJlial<'(JI<I!da#c'(1 fol'. HOCfSil'!! Pre)'efi'<aioll VirglN/<{HiS1oril;a{ 511CI.t.'ty Vi,rg[;liaU'"in8 !\fuse/lIrI Virginia !\111;x~ :{Jtr f~r""'ran5pOrfafi(HI VirgilfiaOpua VJ~~ginf11-Pe!fcrffJng ~4"fs P"df.u:da(i{).n Vif:Sfinic~tRur-a:{ _ ~y al{~t''''\sJvr:iati()n Vir gin<<I,Sen for- (J(ui1.;:~' Vh~,~_b1f.a -Sr}('~'~e.: Flight A cCtdetJ1}' Vi7''t'!}1}.aSjJ()f',$.' :!iatt :0/ F(Ji7ii; Virgin i"-_~~.~;:t A1tis~uJI;.f o_utjdaa(N~: }IiJ'!()ric_!f(!ry{<.'(~~' Virginia War [l:fil.l'(!llmfi::llw<lu(irJn His!(fFicServf,;.e.;',CQU,;fy'S Mill V~t8~~it; ',7 E~'(pll)re: l.'Jar,}:, Wakt'd7.ddFiiJ/.l'ldaliQIl YVa1.t6t: - J.,1tJun,ain ,tYfusrum-li', lVa-';wiik: Cf"J<,?t.h:1~t5 i! Wayne1'h.((,i/./";: AUiaJlt:e ;,fa)';}"id~-_:'Jl~e(i: er WI'.l'!mo(,~laM f'oor &.i!oo{ Soder)'.... .il-iUiatil. Ki'f;;g :Regu);~al A nxC~({!f~f' yVolTTra.p -Fa~!..nd(J!iol?j(:;r rhe: PCrfOY01fng An.., ~~;:'()od.row: ~\l'iIJ.:ln Pi(~)'u:le.rHi(;l.l.ib>YI.ry Yourh-{)~/l('(~{:~'hS'Cr",'iceJ, Ui the Youth (.'arporati:ur. (~~c.f"'r TO,[;.!L To::;,l fot tiiare -Grcwts ,to _,~on.,~.t4t~: :A.gl!nci~s-,_._....;...o"""'" .f\md 'Sm,r('i;'.,:(;mlel'ai.. ,. ...c....... ,. ....... ...... .,.... .c..... .......... -., hem !Mails($) I,'jn;i Yell'r Seco21cP{ear f\'!005 I-'Y2006 (} 25,000 o I) o I) () I:.' o o () () (J (! o o o () o o $25,(J()() $25,000 $34) ]9, 749 Apprcpriations{$) firat Ye;lt SeClmdYear FY~OO5 l<'Y1(ffh'i '0 () o (! o o {} () (} (I () o o o (j (; (.l () o o o 50,000 35.0,000 75/)(j() 4O/X)(} NO,tXJO 480.(J()() iOO.()().() 25/.XI(.! 25,(rJO 3EIJ,OOO is, fJOf) 7. 500 100,000 5.000 I.U90,000 J2;,5OLi 10. ()()f) 7,56v ;p.),OW U)(){} / D, O{):) 25.000 lA90.0W 75,{)rXJ 50/J(JO 15,O()U 375CO J,04lJ,vOO -.: /0.. OW 540.0(}() 2:(0.00 75J){){) 25/)00 200.000 !, 490. (!(.'U .225,000 1'5.000 8,50lJ..OOO 5,000 37.500 i2tSOO 100,000 12(500 (] ~... (J ,., v i, ;,; u o o o {) :./ D o () o 13,O!.iO :?O(J,{HiD is,aOO 17; 500 25~ ()(iO 500;000 !O,@O 25.000 2('~O., (l(lti ; ,57U.(,~)r) i. pm. OOG 25~{!{}D $.'I4..11.9,7.f9 $Z5,(J!JO +~,>~ ,,~'}4,IH',749 644 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 government; 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 S 4-5.05 NONSTATE 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 S 2.2-1505, Code of Virginia. 18 2. Allotment of appropriations to nonstate agencies shall be subject to the following criteria: 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 appropriations 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 S 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 S 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 S 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. - 26 - Item V.L5. RESOLUTION/ORDINANCES ITEM #55088 ADD-ON Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND City Code Chapter 23 re abusing public property, including monuments, statues, etc. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 1 AN ORDINANCE TO AMEND CHAPTER 23 OF THE CITY 2 CODE PERTAINING TO ABUSING PUBLIC PROPERTY 3 SECTION REPEALED: ~ 23-39 4 SECTIONS AMENDED: ~~ 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 -3 9 is repealed; and Section 23 -3 9.1 1S 9 amended and reordained as Section 23-39, to read as follows: 10 Soc. 23 38. Damaging, dofacing, otc., proporty gonerally. 11 (0. ) If any peroon, unla.lfully but not feloniouoly, deotroyo, 12 defuce3, damageo or remove3 .vd thout the intent to oteal any 13 property, real or peroonal, not hi3 o~n, he 3hall be guilty of 0. 14 Cla03 3 miodemeanor. 15 (b) If any per30n intentionally caU3e3 3uch injury, he 3h~11 16 be guilty of 0. Claoo 1 miodemeanor. The puni3hment for any ouch 17 violation 1n Q;hich the defacement io (i) more than 20 feet off the 18 ground, (ii) on 0. railroad or highQ;ay overpaoo, or (iii) committed 19 for the benefit of, at the direction of, or in a330ciation .;ith any 20 criminal 3treet gang, 0.3 that term io defined OJ Code of Virginia ~ 21 18.2 46.1, ohall include ~ mand~tory minimum fine of five hundred 22 dollaro (C500.00). The amount of 1000 cauoed by the deotruction, 23 defacing, damage or removal of 3uch property muy be eotabliohed by 24 proof of fair marh:et coot of repair or fair market replacement 25 value. Upon conviction, the court may order that the defendant p~y 1 26 rcotitution. 27 (c) ~ftcr gi~ing noticc to thc O\ffiCr and lco3cc, if any, of 28 any privatc building or facility that ha3 bccn dcfaccd that, \Jithin 29 fiftccn (15) duyo of rcccipt of 3uch noticc, if thc O\ffiCr or lC33cc 30 doca not clcan or covcr thc dcfaccmcnt or objcct to thc rcmo~al of 31 thc dcfaccmcnt, thc city may clcan or covcr thc dcfaccmcnt at thc 32 city '3 cJCpcnac. 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, iump, 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 stroets, lancs 43 or public squares. 44 45 E.v.cry pcraon \Jho ahall malicioualy, \mntonly or carclcooly 46 mark \d th chalk or daub \d th paint, cut, brcak or othcn;i3c injurc 47 or dcfacc uny fcncc, \mll, poat, lamppoat, lamp or lantcrn, trcc, 48 trcc box, aho'v; 'v;indo'v;, houac or othcr building or 3idc\ialJc in or 49 upon any of thc atrccta, lanco or public 3quarca of thc city, 3hall 50 bc guilty of a Claaa 1 miodcmcanor. 51 2 52 Sec. 23-39.~ Cutting, etc., of trees, shrubs or other vegetation 53 upon city property. 54 (a) It shall be unlawful and a Class 1 misdemeanor for any 55 person to cut, trim, damage, deface or remove any tree, shrub or 56 other vegetation upon city property, or to cause, procure or direct 57 the cutting, trimming, damaging, defacing or removal of any such 58 tree, shrub or other vegetation, without the written authorization 59 of the landscape services administrator or the city arborist. If 60 any person shall commit any of the acts prohibited herein upon more 61 than one tree or shrub, a separate violation of this section shall 62 be deemed to have occurred with respect to each such tree or shrub. 63 (b) The provisions of this section shall not apply to any cutting 64 or trimming of vegetation required by section 23-50 of this Code or 65 to routine trimming of shrubbery upon city property, and shall not 66 apply to city personnel engaged in the performance of their duties. 67 Adopted by the City Council of the City of Virginia Beach, 68 Virginia, on this 4th day of April, 2006. 3 Item V-J.1. - 27- APPOINTMENTS ITEM # 55089 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE OCDEANA LAND USE CONFORMITY COMMITTEE SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA April 4, 2006 - 28 - Item V-J.2. APPOINTMENTS ITEM # 55090 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Charles R. Malhon, Jr. Unexpired term thru 06/30/2009 SHORE DRIVE ADVISORY COMMITTEE (SDAC) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 - 29- Item V-J. 3 APPOINTMENTS ITEM # 55091 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dr. Susan D. Moore Unexpired term thru 06/30/2007 SOCIAL SERVICES BOARD Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None April 4, 2006 - 30 - Item V-J. 4 INTRODUCTION ITEM # 55092 Mayor Oberndorf and Councilman Villanueva recognized the members of the Minority Business Council in attendance and expressed appreciation for their dedicated contributions to the City and business world. Vice Chairman Daniel Pearsall Linda M. Bright Barbara Booker-Williams Minority Business Council Coordinator April 4, 2006 - 31 - Item V-M. ADJOURNMENT ITEM # 55093 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:13 P.M. .~ '- (~\::::J//;;!{~'f-yJ Chief Deputy City Clerk ~~, City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia No speakers were registered for Public Comments relative Non Agenda Items. April 4, 2006