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JUNE 6, 2006 AGENDA r CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF. At-Large VICE MA YOR LOUIS R. JONES. Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District! REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT. At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON. At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESliE L. liLLEY CiTY CLERK - RUTH HODGES SMITH. MMC 6 JUNE 2006 I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. TOURISM ECONOMIC IMPACT James Ricketts, Director, Convention and Visitors Bureau B. SWIMMING ADVISORIES Update Charlie Meyer, Chief Operating Officer II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 240 I COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 4:30 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Robert Cooper Pastor, 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 May 23, 2006 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENTATION 1. PROCLAMATION FOR YEAR OF REGIONAL CITIZENSHIP E. Dana Dickens, III, President and CEO, Hampton Roads Partnership I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. AMEND ~ 18-65 re bail bondsmen b. AMEND and REORDAIN ~ 18-49 re alcoholic beverages ~ 18-50 re mixed beverages 2. Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Memorandum of Agreement re Hampton Roads Regional Groundwater Mitigation Program. 3. Resolution to AUTHORIZE and DIRECT the City Manager to implement recommendations of the Shore Drive Safety Task Force. 4. Ordinance to DISSOLVE and RECONSTITUTE the Virginia Beach Towing Advisory Board. ~, 5. Resolution to REFER to the Virginia Beach Towing Advisory Board Ordinances re nonconsensual tows from private property and Police Department Wrecker List criteria revisions. 6. Ordinance to AUTHORIZE temporary encroachments by Curtis E. and Robyn M. Bailey into the City's right-of-way at the rear of 4532 Black Cove Road on Lake Joyce re construction of a dock, piles, existing bulkhead and riprap. DISTRICT 5 - L YNNHA VEN i I, :! !; 7. Ordinance to APPROPRIATE $7,441 from the Norfolk Foundation to the Library Department's FY 2005-06 Operating Budget re access to online databases. K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION - HRPDC INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASK FORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD TRANSPORT A nON DISTRICT COMMISSION OF HAMPTON ROADS - TTDC L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** Agenda 06/06/2006mb www.vbgov.com CITY COUNCIL SESSIONS RESCHEDULED July 4, 2006 July 11, 2006 July 18, 2006 July 19 - August 7, 2006 August 8, 2006 ALL SESSIONS CANCELED Briefing, Informal and Formal Sessions Briefing, Informal and Formal Sessions City Council Vacation Resume Regular Schedule ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** !I I . -..... -.--. "" -. ~._,.._- -. -,-.- I. CITY MANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. TOURISM ECONOMIC IMP ACT J ames Ricketts, Director, Convention and Visitors Bureau B. SWIMMING ADVISORIES Update Charlie Meyer, Chief Operating Officer II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS J V. INFORMAL SESSION A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION -.----.. .... . - Conference Room - 4:30 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Robert Cooper Pastor, 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 May 23, 2006 G. - AGENDA FOR FORMAL SESSION I Ittsnlutintt CERIU'lCATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL "'tiEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW,ll1.l!;REFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION 1. PROCLAMATION FOR YEAR OF REGIONAL CITIZENSHIP E. Dana Dickens, III, President and CEO, Hampton Roads Partnership I. CONSENT AGENDA J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. AMEND ~ 18-65 re bail bondsmen b. AMEND and REORDAIN S 18-49 re alcoholic beverages ~ 18-50 re mixed beverages 2. Ordinance to AUTHORIZE and DIRECT the City Manager to execute a Memorandum of Agreement re Hampton Roads Regional Groundwater Mitigation Program. 3. Resolution to AUTHORIZE and DIRECT the City Manager to implement recommendations of the Shore Drive Safety Task Force. 4. Ordinance to DISSOLVE and RECONSTITUTE the Virginia Beach Towing Advisory Board. 5. Resolution to REFER to the Virginia Beach Towing Advisory Board Ordinances re nonconsensual tows from private property and Police Department Wrecker List criteria revisions. 6. Ordinance to AUTHORIZE temporary encroachments by Curtis E. and Robyn M. Bailey into the City's right-of-way at the rear of 4532 Black Cove Road on Lake Joyce re construction of a dock, piles, existing bulkhead and riprap. DISTRICT 5 - L YNNHA VEN 7. Ordinance to APPROPRIATE $7,441 from the Norfolk Foundation to the Library Department's FY 2005-06 Operating Budget re access to online databases. /' ~~""'- #~~~&;, ('<f""'~-- ,;;-.~} f~!$. ::.~'"(\i) ~~i~ . - -E~~ (~:~: ' ~.~!J "~"'t.t.....~....J ~~y , , CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Amend and Reordain Section 18-65 of the City Code Pertaining to Bail Bondsmen MEETING DATE: June 6,2006 . Background: The General Assembly updated and changed the process for the licensing of bail bondsmen, effective July 1, 2005. Property bail bondsmen remain subject to local licensing and taxation, while surety bail bondsmen are subject to licensing and regulation by the State Corporation Commission as property and casualty insurance agents. This ordinance updates the City Code to reflect the changes to the Code of Virginia. . Considerations: The Commissioner of the Revenue will continue to license and tax property bail bondsmen. The State Corporation Commission will license and regulate surety bail bondsmen. . Public Information: Information will be disseminated to the public through the normal Council agenda process. . Recommendations: Approval . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue CilyManager~ V~ 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-65 OF THE CITY CODE PERTAINING TO BAIL BONDSMEN SECTION AMENDED: ~ 18-65 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 18-65 of the City Code is hereby amended and 9 reordained, to read as follows: 10 Sec. 18-65. Property Bai1 Bondsmen. 11 (a) The license tax rate for every;::::::::::: Property Bail 12 Bondsman who shall, for compensation, enter into any bond or 13 bonds for others, whether as principal or surety, shall be 0.36 14 percent of the gross receipts in such business during the 15 preceding calendar year. 16 (b) The term "Property Bail Bondsman," as used in this 17 section, shall mean a person licensed pursuant to sections 9 .1- 18 185 to 9.1-186.14 of the Code of Virginia who, for compensation, 19 enters into a bond or bonds for others, whether as a principa~ 20 or surety, or otherwise pledges real property, cash or 21 certificates of deposit issued by a federally insured 22 institution, or any combination thereof as security for a bond 23 as defined in section 19.2-119 of the Code of Virginia that ha~ 24 been posted to assure performance of terms and conditions 25 specified by order of an appropriate judicial officer as a 26 condition of bail. .m 1-. - ".:-e-re " j;: :: :: :: ::::", -:. :: :.::: e€. :.:: ::::::. :: :: :: ~:. :::: , 43 44 45 27 -&::::2.2. ':'-iT:: 2. :.: :k: :;;::::-*:::::::.:. ::::::2. :::mdmf.:::: J..,~~ :: g-::::::: _U.1 -".1 28 ':'-:-:D:'~::::'::j~ - - =':'0~ 0f ~--~u:run~':C, a;::::::: in:::::::-.::.:. :::/, H4:: 2.':' :: :/ .:.::::. 29 .c....o..-" - ~ ..." =~~-~~.1 :ioinc; ]....,,~~~~~- ...J..,~ :.:::9-:::::- ~::a- '::-:':'~2 ~~."r-_u- ~~, 30 ~.~ -~ ~~~ .t""-- v --.......-....- ~.;: ......._-+-~_............ ..... -- ............-....- :: ~ . ~ ~ 4-~ ~ ':)0 ') ~120 of ...~ the Code of 31 ~T~ _ ' . '"T"":t:'"':t":::l ........A...........' ..: _ ~ ...... l,......._ _,_ ..............._ 0U1....U..) ::.fre.-:::: :: :: ::- .: .c _ ... 1 ~, ~--o:t:..' oo.:L...J,.., s-e-&:: .: -:;;::p-:::::::-::::::::':, ~ 32 :::;;:::;;::::.:110. 33 (c) Any person who shall, for compensation, enter into any 34 bond for others, whether as principal or surety, without having 35 obtained a license shall be guilty of a class three misdemeanor. 36 ttR-:: , :::: ::::::~~:::: ~horoo';:, ....~......" 1.-..._ ~~~=i ~~-: ~2~':: ~~.:.:::: ;5~ 37 ;- 5 ~ ~ . g.~ +-1.-..__ .;:~- :::::::h of::::::.::::. ::-.~::: 38 (d) No license, the tax for which is set out in this 39 section shall be issued unless there is presented to the 40 commissioner of ~...~.;:~ ~_...- ~--_......._- -- Property Bail Bondsman revenue a 41 license from the Department of Criminal Justice Services. j udgo 42 o f the ::.:.::-&&.:. :: :: ;;:;;: ::- :: ..-4-R-<j' .4-1. _ ,-~lC l.,:,,:,uo.n::O ee-:.: ::-:: of the licono::: ::::a .n D I -: :..~:. 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JUd9~0 of tho c:::.:::-:: ',:.fi-:.:::: * 50 ~.:;, ..... _...1- ..: ,,__ ........:..;.........1....1:...9 a&t~l~G:i~.~U.l~L - , un.a o},.o.ll bc +,,,~.....1-.~~ ~,~~..... .....~-.... ~:: -:Be ~oJ ;::.. 51 ~-~2~~~2 ~~ Jccti::~ hO.~-2:21 0= -:~&-~::~c of Vir;~~~~ 52 ~:: 2. ~4-H-; ++'\ -, ~':"28iT&e 1 "'~ ~__~~U 53 .....1-.~~ ...._-+-~_......... - -- ....--....., ::'ffi::.:: +-..................... e-e.-: :: g-:: ~-: 54 ::~:r.~::.:::::q..t.e.:: , ~~~.~~ -::Z', =~a::2.~-:j~0~ &&e~rl~ eompo.ny r&=::'::'::&e 55 2'...:::2&::-:~::~ I J.... \ ,-, .....1-.._........_ -- - .. -, 2~::2.~::~-:::.:: 4=:-:: 56 --_.....,+-~_.... ~+' .....1-.~ ~+' ~ 1 1 ::=rR-~2 .::..&:'-~~-_.....~ ~':::1':::1~-':::1~~- ~_.._----- 57 1~~J....~'~........ ------- -.1 .:::: 2.:::: 2::d f r ::::'. _"I:~--"""'" -......-.....-- 9-= 58 1-.~_ :: :: ~ .:. -: s-:: ::- .....-0..-....-..:+-...... -- ~ - - -- - -.1 ::;;;;':::J7cd by th:: 9-r ~__1 59 '+, -r_ _..1-..1-..... ...._ _..._. ~ _. _ .I.. ................-...............:.'.1 ....1.:&. .....u.;.;~ ,:)f :: 3'€-~ -: 60 fido2.~ -::z- 2 e::'...:.:: ~ -: :z'-ee:::;; :::::z........a.:: ~~; .....n_~_~~_ 61 :: a-::~:. 8:::: ffi:: 9-= ':>0 ") 2100 t:: ;;pe.:;,-':'2':' ::~ 62 \7i rg :.::.:::, ...._-I-..: , 1-.~ ~1-. ~ 1 1 :::: ...,,~~ +'~1~..J 63 in f:J.::-: ........: .....1,.... .....1-.~ _.: -_......:.... -......--................ a;::~-: ..... ..I- +- __ __ __ ... .. ~---~..-.J 64 -fs": 2..:' s<:::.::::d '[;'n~~.. .:::r<r--.J und::.:: ~---_.. 65 w-i-t,1-. -: ~ e---eJ::: .:: ~: ~+' .....1-.~ _..:_-.,.,-:+- --.... -+- ~+' .....1-.~~ 66 tho fift~ :::-a-r-:: = &a-::~ ___+-1-.. "'~L_...r_...... , , .: .......L.. ..........I......J..... _ .c u-"'. 67 <On. ~ :. g ~~.. ,- - 0b:-4-;~~~ .c o.:&.. the " ~ ..l..o.o_ :.,.::, ."'-40...; 68 me-~-:~, ::4--:~ -::Jgoth::.:: .....1-.~ -~ u..... .L-1.. . ,-.&:'lC ---....-..1- -......-................. 69 Je.::~~-;- 70 71 (~) A license, the for which , , "e!'l.O c >.:"Or ~~hich io , "eo.2~ oct tax 9-':: ..... +- +- --......- -..... .t=...._+- ~.t= section, may be revoked any time e-,' - - --_U_.J ..:.......+-- bone. , ~-= -:~-e at ~".J ::~i-::~ 1-.~ 1-._~ -~..... .....~~- ......1-.~ ::'.:::: ~(ct "w..:.~ :.:.:: ::~ +- -....- _..:__......:..J- ----------.... "::ot:=~, :l gt:::.::::~ -: 8€, ~~a.::::'.~~ -::r', -:ho o+--+-- '...:~ ':>0 ") 2~~ ~.t= ~::~ Cod:: ~~ 1-.~~ :::: '...: 'ffi:::: ~ -::r- .....~ - ~..... ~~~ _......~.._~ ---- .... ~.t= ::~~ .....1-.~ ...1-.":_ --_.....:......- ---....--...... 2 ~:: 2.-2. =~2.? _..: ....... -- ....;J , 1......._- .................-- ....t-....._ -~..... " , 0...1....1.. ~utot:lnding .....~~...J~ =rR- d:lY of the ;;::::::::ding . " , pcno...I.."eY r- ox: ~1-. 2'...:sft is in this set out .....1-._ ...:..~_.t= ~......~.....,-'- ~::e-:::..=:::.::: ~ 72 c::'...:.::-: for failure to comply with any of the terms or conditions 73 set out in this section. 74 (h) No business license shall be required for any surety 75 bail bondsman licensed under sections 9.1-185 to 9.1-186.14 of 76 the Code of Virginia who is also licensed by the State 77 Corporation Commission as a property and casualty insurance 78 agent, and who sells, solicits, or negotiates surety insurance 79 as defined in section 38.2-121 of the Code of Virginia on behalf 80 of insurers licensed in the Commonwealth, pursuant to which the 81 insurer becomes surety on or guarantees a bond, as defined in 82 section 19.2-119 of the Code of Virginia, that has been posted 83 to assure performance of terms and conditions specified by order 84 of an appropriate judicial officer as a condition of bail. Any 85 bondsman claiming exemption under this subsection must file a 86 copy of his State Corporation Commission license with the 87 Commissioner of the Revenue. 88 COMMENT 8 9 This ordinance updates the City Code to reflect changes made by the General Assembly. 90 Property bail bondsmen remain subject to local licensing and taxation. The State Corporation 91 Commission regulates surety bail bondsmen as property and casualty insurance agents. 92 93 Adopted by the Council of the City of Virginia Beach, 94 Virginia, on the day of , 2006. Approved As to Content: ?Jlc / ~~~L Commiss~oner of-the Revenue CA9734 H:\PA\GG\OrdRes\Proposed\18-65 R-5 May 26, 2006 Approved As To Legal Sufficiency: I, () " )IlJn1Y C /(JA/ ~ City Attorney's Gbffice Bondsmen ORD / ,,~~ .r...~~"7t~ f..Pf;I""'- ~.~~ Jot:- -:' "'."~ ~z, ~~~-.,;.' . ~~; 6.':::'" . .1 I} t.(~.,.:"4"..._---:~"'.l'~ ~\.~~..r " " CITY OF VIRGINIA BEACH AGENDA ITEM ./ ITEM: An Ordinance to Amend and Reordain Section 18-49 of the City Code Pertaining to Alcoholic Beverages-Generally and Section 18-50 of the City Code Pertaining to Mixed Beverages MEETING DATE: June 6, 2006 . Background: The Virginia Code allows for various classifications of ABC licenses. License taxes are assessed based on these classifications. The General Assembly amended Virginia Code section 4.1-233, effective July 1, 2005. This ordinance amends City Code sections 18-49 and 18-50 to include updated classifications consistent with current state law. . Considerations: This ordinance is necessary to make the City Code consistent with the Code of Virginia. The changes are anticipated to result in additional revenue of less than $20,000 to the City. . Public Information: Information will be disseminated to the public through the nonnal Council agenda process. . Recommendations: Approval . Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue/; , CityManag~ b-~ " 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN SECTION 18-49 OF THE CITY CODE PERTAINING TO ALCOHOLIC BEVERAGES-GENERALLY AND SECTION 18-50 OF THE CITY CODE PERTAINING TO MIXED BEVERAGES SECTIONS AMENDED: ~ 18-49 & 18-50 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That Sections 18-49 and 18-50 of the City Code are hereby 11 amended and reordained, to read as follows: 12 Sec. 18-49. ~coho1ic beverages--Generally. 13 (a) Every person engaged in manufacturing, bottling, 14 selling and dispensing alcoholic beverages shall pay license 15 taxes in the following sums, per annum: 16 (1) For each distiller's license, if more than 5,000 17 gallons of spirits are manufactured during the license 18 year, including bottling, $1,000.00. 19 (2) For each winery license, ~:,~OO.OO $50.00. 20 ( 3 ) For each brewery license, including bottling, 21 $1,000.00. 22 ( 4 ) For each bottler's license, $500.00. (5 ) For each wholesale beer license, $250.00. (6 ) For each wholesale wine distributor's license, $50.00. -R; ~::= ~-~]... '..'.fl.e-2. :::::::}.:: ~~;.:..::~':: 1.:_____ ~:~.OO. ...........y-......--, - 10\ L"1__ s-a-:::: ~:::::~:::: l~~~_~~ ~S.~ \ ~ I ----......--, 23 24 25 26 27 (~7) For each retail on-premises wine and beer license for 28 a hotel, restaurant, gift shop, gourmet shop, 29 convenience grocery store or club; for each retail 30 off-premises wine and beer license; and for each on 31 and off-premises wine and beer license, $150.00. 32 (~~) For each retail on-premises beer license for a hotel, 33 restaurant or club; for each retail off-premises beer 34 license; for each on- and off-premises beer license; 35 and for each druggist license, $100.00. 36 /1 1 \ -, --..- I f":'1_.... _....._1.-. ==~~~ ~~2~~~~~='= , ~ -::::.,-...... - - ----....--, ~2.,5C)0.OO. 37 /1 ") \ -, --I f:.- - a-a-=:-. 1-___~ ....._, , ~ ~____ U~~.I:"~___ --~_..~-, ~2.c).OO. 38 (~9)For each bed & breakfast license, $40.00. 39 (b) The licenses referred to in subsection (a) above shall 40 be as respectively defined by the Alcoholic Beverage Control Act 41 of the state, as amended, and the terms "alcoholic beverages", 42 "alcohol", "spirits", "beer" and "wine", wherever used in this 43 section shall have the meanings respectively ascribed to them by 44 such act. 45 (c) No license shall be issued under this section to any 46 person, unless such person shall hold or shall secure 4 7 simultaneously therewith the proper state license required by 48 the Alcoholic Beverage Control Act. Such state license shall be 49 exhibited to the commissioner of revenue. 50 (d) Any license issued under this section may be amended 51 to show a change in the place of business within the city. Any 52 such license may be transferred from one person to another; 53 provided the person to whom transferred holds, at the same time, 54 a similar license from the state alcoholic beverage control 55 commission. 56 ( e) In imposing wholesale merchant's license taxes 57 measured by purchases and retail merchant's license taxes 58 measured by sales and restaurant license taxes measured by sales 59 under the provisions of this chapter, other than the provisions 60 of this section, alcoholic beverages shall be included in the 61 base or ?ases for measuring such license taxes the same as if 62 the alcoholic beverages were nonalcoholic. ~~~ No alcoholic 63 beverage license tax levied under this section shall be 64 construed as exempting any licensee from any merchant's or 65 restaurant license tax, and such merchant's and restaurant 66 license taxes shall be in addition to the alcoholic beverage 67 license taxes levied hereby; provided, however, that in 68 determining the liability of a beer wholesaler or wholesale wine 69 distributor to merchant's license taxation under thi's chapter, 70 there shall be deducted from such merchant's license tax the 71 amount of the specific license tax imposed under this section 72 and paid by such beer wholesaler or wholesale wine distributor. 73 Sec. 18-50. Same--~xed beverages. 74 (a) Every person engaged in the business of selling mixed 75 alcoholic beverages shall pay a license tax in the following 76 sums: 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 (1) Persons operating restaurants, including restaurants located on the premises of and operated by hotels or motels: a. $200.00 per annum for each restaurant with a seating capacity at tables for ~~ ~p to 100 persons; c. $350.00 per annum for each restaurant with a seating capacity at tables for more than 100 but not more than 150 persons; and $500.00 per annum for each restaurant with a seating capacity at tables for more than 150 b. persons. (2) A private, nonprofit club operating a restaurant located on the premises of such club, $350.00 per annum. 92 (3) A mixed beverage caterer, $250.00 per annum. 93 (4) An amphitheater, $300.00 per annum. 94 (b) No license shall be issued under this section to any 95 person, unless such person shall hold or secure simultaneously 96 therewith the proper state license required by the Alcoholic 97 Beverage Control Act of the state, as amended. 98 (c) Any license referred to in this section may be amended 99 to show a change in the place of business within the city. Any 100 such license may be transferred from one person to another; 101 provided the person to whom it is transferred holds, at the same 102 time, a similar license from the state alcoholic beverage 103 control commission. 104 (d) No local license tax shall be either charged or 105 collected for the privilege of selling alcoholic beverages in 106 passenger trains, boats, airplanes, or rooms designated by the 107 Board of establishments of air carriers of passengers at 108 airports in the Commonwealth for on-premises consumption only. 109 Adopted by the Council of the City of Virginia Beach, 110 Virginia, on the day of , 2006. COMMENT This ordinance updates the City Code to reflect changes made by the General Assembly to ABC license classifications and taxes. The City does not currently charge local license tax for the privilege of selling alcoholic beverages in passenger trains, boats, airplanes, or airports. The provision prohibiting tax in these circumstances is added to ensure consistency with the state code. Approved As to Content: rM/{( &U! Cornmiss~ner'of the Revenue CA9729 H:\PA\GG\OrdRes\Proposed\18-49 R-5 May 26, 2006 Approved As To Legal Sufficiency: ~ JaJD .~.. ~UJt~ City Attorney's rPffice Alcoholic Beverages Ord \{) ,,'" ,,,,,,,,,,,,,,,,,,,,,,,,,',,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM I ".'"""""""""""",.'"", ,1",..",,,,,,,,,,,,,1,,,,,,_,,,,,,,,,,,,,1,,,,,,',,,,,",JlIIICIlIIIIIII.. """""""""".."""",,,,,,,,,.,,',,,,,,,,,,,,,,,, ITEM: An Ordinance Authorizing And Directing The City Manager To Execute On Behalf Of The City Of Virginia Beach A Memorandum Of Agreement Pertaining To The Hampton Roads Regional Groundwater Mitigation Program MEETING DATE: June 6, 2006 . Background: Virginia Beach, along with other jurisdictions in Hampton Roads, has participated in a regional groundwater mitigation program since 1994. The Hampton Roads Planning District Commission (HRPDC) administers this program, which has two purposes. The first is to facilitate mitigation payments to owners whose wells have been adversely impacted by municipal pumping. Municipal groundwater permits mandate these payments. The second is to equitably distribute these costs to the various jurisdictions that are operating municipal wells simultaneously. . Considerations: Virginia Beach's regional cost share would be about 17% of the total program cost. In FY 2007, this would be approximately $17,000. Virginia Beach does not own any municipal wells and it would not be assessed any mitigation payments. However, in the unlikelv event that Norfolk was operating its municipal wells during a drought and Lake Gaston water was not available, Virginia Beach would share any mitigation payments assessed to Norfolk as provided by the water services agreement. . Public Information: This item will be advertised as part of the City Council agenda. . Alternatives: The alternative to participating in the regional groundwater mitigation program is to reject the resolution and not participate. The mitigation program would go forward, but without the City's participation. This would be counterproductive as the regional utilities cooperate on a number of water and wastewater issues that benefit the City. . Recommendations: Adopt ordinance authorizing the City Manager to execute the participation agreement. . Attachments: Ordinance Recommended Action: Approval Submitting Department! Agency: Public Utilnies Dept. j h ~A/) CltyManag~Vfr 1 2 3 4 5 6 7 8 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT PERTAINING TO THE HAMPTON ROADS REGIONAL GROUNDWATER MITIGATION PROGRAM WHEREAS, ln August 1994, the Hampton Roads Planning 9 District Commission and its fifteen (15) member jurisdictions 10 entered into an agreement establishing the Regional Groundwater 11 Mitigation Program (the "Program"); and 12 WHEREAS, the City of Virginia Beach has been a participant 13 in the Program since its inception; and 14 WHEREAS, the agreement has expired and must be renewed in 15 order for the Program to continue; and 16 WHEREAS, the purposes of the Program are to provide a 17 mechanism by which persons whose groundwater wells are adversely 18 affected by drawdowns associated with the operation of a public 19 water supply system may seek mitigation of losses caused by such 20 drawdown and to establish an administrative framework used by 21 local governments in Hampton Roads to obtain technical analysis 22 of requests by private groundwater well owners for mitigation; 23 and 24 WHEREAS, since its inception, the Program has been 25 successful in accomplishing its purposes; and 26 WHEREAS, it is in the best interests of the City and its 27 groundwater well owners, as well as the other participating 28 localities and their respective groundwater well owners, to 29 continue the City's participation in the Program; 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 That the City Manager is hereby authorized and directed to 33 execute, on behalf of the City, the Regional Ground Water 34 Mitigation Program Administration Memorandum of Agreement, a 35 summary of the material terms of which is hereto attached and a 36 copy of which is on file in the City Clerk's Office. 37 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, -on the day of , 2006. 40 CA-9907 OID/ORDRES/groundwater MOUres.doc R-2 May 30, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jh~&t4/~ Public Utilities Depart~ent ijJiJjJ/J~ I~ tllw! City Attorney's Office 2 REGIONAL GROUND WATER MITIGATION PROGRAM ADMINISTRATION MEMORANDUM OF AGREEMENT SUMMARY OF MATERIAL TERMS PURPOSE: Renew an agreement that establishes a process by which local governments in Hampton Roads may obtain technical analyses related to requests by private well owners for groundwater mitigation payments in cases of well failures allegedly caused by pumping of groundwater wells by localities Provide a process for handling claims that localities' groundwater withdrawals have caused private well failures PARTIES: Cities: Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson Portsmouth, Suffolk, Virginia Beach, Williamsburg Counties: Gloucester, Isle of Wight, James City, Southampton, Surry, York Qther: Hampton Roads Planning District Commission (HRPDC) TERM: Five (5) years (through December 31, 2010). COSTS: Program costs allocated on a pro-rata basis among the local governments. Base buy-in of $3,000 per local government, with balance of annual costs allocated according to the local share of regional population. The City's cost in FY 2007 would be about $17,000. DUTIES: HRPDC: . Conduct technical analyses of the impacts of groundwater withdrawals upon request of local governments to determine impacts of a ground water withdrawal. . Develop recommendations for allocation of mitigation responsibilities among the local governments. Provide reports documenting the results of technical analyses to all signatory local governments, and to any mitigation panels that are convened. . Provide other technical support to the signatory local governments for other ground water analyses. Localities: . Serve as point of contact for aggrieved parties. Request mitigation analyses from HRPDC following receipt of a claim, and provide available relevant data to the HRPDC for use in analyses of mitigation claims. . Provide timely technical review of the HRPDC analyses and conclusions. . Establish the appropriate mitigation panels, in accordance with local mitigation plans, to hear appeals of initial mitigation responsibility determinations. /' ~~ ~~ .... "t.~~tb ~~.~~~. '{~l f..:: &, ',' ~~, ffi' . .. .~, (~i~ . '-E~) (~",':.'~,. l~~ G>,,"4~ ,.F" .,.,..,......~.l'J "'\".~o;;;..r , \. CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: A Resolution Authorizing and Directing the City Manager to Implement Recommendations from the Shore Drive Safety Task Force MEETING DATE: June 6, 2006 . Background: In response to increasing citizen concern surrounding recent fatal accidents along the Shore Drive Corridor, the Virginia Beach City Council established the Shore Drive Safety Task Force (the "Task Force") on December 20, 2005. The mission of the Task Force was to evaluate the Shore Drive Corridor and make recommendations to improve the safety of both drivers and pedestrians. The Task Force was comprised of staff members from Planning, Police, Public Works, and Parks and Recreation as well as citizen members from the Shore Drive Advisory Committee (the "SDAC") and the Shore Drive Community Coalition (the "SDCC"). The Task Force identified short, mid and long term recommendations to improve safety along the Shore Drive Corridor. . Considerations: The Task Force was established to advise City Council with respect to safety along Shore Drive and to provide short, mid and long term safety recommendations. The Task Force identified the section of Shore Drive between Independence Boulevard and the entrance to First Landing State Park as the limits of the corridor to be evaluated. Pursuant to the resolution, short term recommendations should be completed within six months, mid term within six to 18 months, and long term within 18 to 36 months. Due to their complexity, some of the recommendations may not be able to be completed within 36 months. The Task Force established three categories for the recommendations: regulatory, infrastructure and public involvement. . Public Information: Pursuant to the resolution, on April 20, 2006 the Task Force presented their report to the Shore Drive Advisory Committee for their comments and recommendations. On April 27, 2006 the Shore Drive Advisory Committee held a Public Meeting at which the Task Force presented the report to the public for comment. Pursuant to the resolution, on May 16, 2006 the Task Force presented the report, including the Shore Drive Advisory Committee's comments, to the City Council. On May 23, 2006 City Council held a Public Hearing to receive comments on the Task Force's recommendations. . Recommendation: Adoption. . Attachments: Shore Drive Safety Task Force Report Copy of the December 20, 2006 resolution creating the Shore Drive Safety Task Force Resolution Recommended Action: Approval Submitted b~~ 5J.~~ager's Office City Manager ie--/ ~ 1 2 3 4 5 6 7 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO IMPLEMENT RECOMMENDATIONS FROM THE SHORE DRIVE SAFETY TASK FORCE WHEREAS, on December 20, 2005, the Virginia Beach City 8 Council adopted a resolution creating the Shore Drive Safety 9 Task Force ("the Task Force") to address citizen concerns 10 regarding the safety of pedestrians and vehicular traffic in the 11 Shore Drive corridor; and 12 WHEREAS, the Task Force completed its investigation 13 and made recommendations regarding safety in the Shore Drive 14 corridor, which recommendations were presented to the Shore 15 Drive Advisory Committee ("SDAC") on April 20, 2006. The SDAC 16 held a public hearing on the recommendations on April 27, 2006, 17 and City Council also held a public hearing on May 23, 2006; and 18 WHEREAS, the City Council is committed to improving 19 the safety of pedestrians and vehicles in the Shore Drive 20 corridor. 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 1. That the Council hereby directs and authorizes the 24 City Manager to implement the recommendations of the Task Force 25 contained in its April 20, 2006 report that are economically 26 feasible within this year's available funding. 27 2. The Council will review the year-end funds to 28 determine if there are available funds to implement additional 29 Task Force recommendations. 30 3. That the SDAC shall receive at least quarterly 31 updates from the Manager or his designee as to the progress of 32 the implementation of the recommendations. 33 4. That Council thanks the members of the Shore Drive 34 Task Force for their exemplary service. 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia, on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ~~v- City Attorney's Office CA-I0042 OID\Land Use\Ordres\SDSTFRES.doc R-4/May 30, 2006 18 Task " 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 (-14 15 16 17 RES - 03158 Requested by Vice-Mayor Louis R. Jones and Councilmember James L. Wood A RESOLUTION ESTABLISHING THE SHORE DRIVE SAFETY TASK FORCE WHEREAS, recent fatal accidents on Shore Drive have raised concerns in the community and among members of City Council about the safety of Shore Drive, especially for pedestrians; WHEREAS, it is the sense of City Council that immediate action must be taken to improve the safety of Shore Drive; WHEREAS, City Council also seeks mid- artd long-term improvements to Shore Drive to enhance driver and pedestrian safety; NOW; THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY. OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby establishes the Shore Drive Safety Task Force (the "Task Force"); 2. That the City Manager shall appoint as members of the Force Task and leader Force from his office a 19 representatives from the departments of Planning, Police, Public 20 Works, and Parks and Recreation; 21 3 . That the Shore Drive Advisory Committee and the Shore 22 Drive Community Coalition shall be asked to select one 23 representative from their respective organizations to serve as 24 members of the Task Force i 25 f \. 4 . That the purpose of the Task Force shall be to serve 26 in an advisory capacity to City Council and the City Manager " , . 27 ( 28 29 30 31. 32 33 34 35 36 37 38 ( 39 40 41. 42 43 44 45 46 47 48 49 ( with respect to safety on Shore Drive. Specifically, the Task Force is charged with the following responsibilities: - b. 50 51 a. To propose immediate short-term solutions to improve the safety of drivers and pedestrians on Shore Drive. Such solutions shall be ones that can be implemented .in less than 180 days. The Task shall inform Manager the City Force expeditiously of such recommendations so his staff may take prompt action to improve the safety of Shore Drive. Such solutions may be temporary in nature; To propose mid-term solutions to improve safety on Shore Drive. ones Such solutions shall be that can be implemented in 6 to 18 months. The Task Force shall communicate its recu......endations to the Shore Drive Advisory Committee and shall consider that committee's input in finalizing proposed mid-term solutions. The Task Force shall then and its findings present recuuLI..endations to the City Council and the City Managerj c. To propose long-term solutions to improve safety on Shore Drive. Such solut'ions shall be ones that require 18 to 36 months to implement. Such solutions shall address, among other things, a '. . 52 ( 53 54 55 56 57 58 59 60 61 62 63 C~4 65 66 67 68 69 70 continuous pedestrian trail system. The Task Force shall communicate its recommendations to the Shore Drive Advisory Committee and shall consider that committee's input in finalizing proposed long-term solutions. The Task Force shall then its present findings and recommendations to the City Council and the City Manager; d. To submit monthly written reports to City Council and the Shore Drive Advisory Committee, with the first report to be submitted within 30 days of the adoption of this resolution; 5. That the Task Force is hereby tasked and challenged to propose innovative solutions; and 6. That the Task Force's work shall not supplant but instead shall be in addition to the ongoing work on the Shore Drive Intersections Demonstration Project (CIP 2-115) . Adopted by the Council of the City of Virginia Beach, Virginia on the 2D-n:\day of Q('t:=:JV\lZE2 ,2005. Approved as to Legal Sufficiency: R~~ City Attorney's Office CA9836 ( H:\PA\GG\OrdRes\Shore Drive STF RES.doc ", December 15, 2005 R5 Shore Drive Safety Task Iforce Report to the SDAC April 20, 2006 Table of Contents Introduction..... ............... ..................................... ................................ ....... .... ............ 3 Section I - Safety Recommendations ........................ ................ ................................ 5 Section II - Communication/Public Involvement Plan ...........................................14 Section III - Comprehensive Plan ...........................................................................16 Section IV - Summary of Recommendations .........................................................17 2 Introduction In response to the increasing citizen concern surrounding recent fatal accidents along the Shore Drive Corridor, the City of Virginia Beach City Council established the Shore Drive Safety Task Force (the "Task Force"). The mission of the Task Force was to evaluate the Shore Drive Corridor and make recommendations to improve the safety of both drivers and pedestrians. The Task Force was comprised of staff members from Planning, Police, Public Works, and Parks and Recreation as well as citizen members from the Shore Drive Advisory Committee (the "SDAC") and the Shore Drive Community Coalition (the "SDCC"). The Task Force leader was Mr. Charlie Meyer, Chief Operating Officer. Council Member Jim Wood also participated in the Task Force. The Task Force was established to specifically advise City Council with respect to safety along Shore Drive and to provide short, mid and long term safety recommendations. The Task Force identified the section of Shore Drive between Independence Boulevard and the entrance to First Landing State Park as the limits of the corridor to be evaluated. Pursuant to the resolution, short term recommendations should be completed within six months, mid term within six to 18 months and long term within 18 to 36 months. Due to complexity, some recommendations may not be able to be completed within 36 months. The Task Force established three categories for the recommendations: regulatory, infrastructure and public involvement. These recommendations were developed through a series of meetings, a field trip and staff input. The process began on January 10, 2006 with a Task Force meeting in which a list of safety concerns and suggestions were generated. All ideas generated at this meeting were evaluated. The ideas and suggestions generated at the first meeting were discussed in greater detail at the subsequent meetings. At these meetings, some ideas were combined and some were determined to be beyond the purview of this Task Force. After the third meeting, staff began to evaluate the ideas and suggestions. The recommendations were then categorized by regulatory, 3 infrastructure and public involvement, as well as short term, mid term and long term. A general scope of work, schedule and cost estimate were developed for all the recommendations. All estimates are "order of magnitude" estimates based on recent cost trends. Actual costs will vary depending on when design and construction begin, changes in the construction markets, and conditions encountered during actual design. Actual improvements implemented will be contingent upon the amount of funding provided and the costs at the time of implementation. In evaluating the corridor it was determined that Shore Drive Demonstration Projects Phases I, II, and III and Lesner Bridge Replacement Project would provide improvements to about 75% of the evaluated area; Phase IV of the Demonstration Projects would increase the improvements to 90%. The limits of the demonstration projects are Phase I - Treasure Island Drive to Marlin Bay Drive, Phase II - South Oliver Drive to Treasure Island Drive, Phase III - Vista Circle to Croix Drive, and Phase IV - Marlin Bay Drive to Stratford Drive. According to cost estimates prepared for the Task Force, the funding required to fully fund Shore Drive Demonstration Projects Phases I, II, and III and to fund Phase IV through 35% design is approximately $13.8 million. Shore Drive Demonstration Project Phase I is currently funded through construction. However, a sidewalk requested for the north side of Shore Drive within the project limits of Phase I is not funded at this time. Shore Drive Demonstration Project Phase II and Phase III are currently funded through 35% design. The Lesner Bridge Replacement Project is currently funded through 35% design. Shore Drive Demonstration Project Phase IV is not funded at this time. The Task Force recommends fully funding these projects and a package of short term improvements to improve corridor safety. With or without the Shore Drive Demonstration Projects, the Task Force recommends that a separate Capital Improvement Project be established to fund the selected recommendations. The Task Force also recommends that the Planning Commission revisit land use issues along the corridor. 4 Section I - Safety Recommendations Regulatory Recommendations Short Term 1. Remove Fatal Accident Sign and Replace with Community Signs (with Safety Related Theme) Department: Public Works Scope: Remove existing signs and replace with updated signs at up to eight locations. Schedule: Can be implemented within 120 t0180 days Cost: $4,000.00 2. Install Yield to Pedestrian Signs and Pedestrian Warning Signs Department: Public Works Scope: Install signs at all signalized intersections along Shore Drive. Also install at locations known to have a high volume of pedestrian traffic. Schedule: Can be implemented within 30 to 60 days Cost: $11,000.00 3. Legal Evaluation of Speed Limit Adjustments in Work Zones Department: City Attorney's Office Scope: Determine legal requirements for establishing work zones and speed limit adjustments within work zones. Schedule: 6 months Cost: To be determined. Mid term 4. Evaluate Eliminating Right Turn on Red Movements at Signalized Intersections Department: Public Works 5 Scope: Perform an analysis to determine the impacts of removing the Right Turn on Red movements at the signalized intersections along Shore Drive. If the analysis determines that the movements should be removed from the signal, then the signals will be retimed to accommodate the change. Traffic Counts will be collected at all intersections and new signal timings will need to be developed. Due to the seasonal nature of the corridor, counts will be taken in the peak season and the off season. Schedule: Can be implemented within 12 to 15 months Cost: $21,000.00 5. Evaluate Eliminating Right of Way Encroachments Department: Planning Scope: Zoning and Code Enforcement will research the Shore Drive Corridor to determine what if any encroachments are authorized. Develop a strategy for working with property owners to eliminate encroachments. Schedule: 12 to18 months Cost: $5,000.00 LODe: term 6. Evaluate Higher Fines for Traffic Violations along Shore Drive Department: City Attorney's Office Scope: To be determined by City Attorney's Office Schedule: To be determined Cost: To be determined 7. Evaluate Lower Speed Limit along Sections of Shore Drive Department: Public Works Scope: This alternative would involve a traffic engineering speed study and investigation to be performed on the Shore Drive Corridor. This study will include the section of Shore Drive at the entrance to Fort Story Base. Schedule: This would be completed within 15 to 18 months because of the seasonal nature of the corridor. The longer duration is needed to accommodate year round and seasonal data collection. Cost: $24,000.00 6 Infrastructure Recommendations Short Term 8. Repair Damaged Sidewalks Department: Public Works Scope: Inspect the Shore Drive Corridor and identify areas where existing sidewalks are damaged. Damaged sidewalks will be removed and replaced with in kind facility. Repairs will be made by city forces and/or annual services contract. Schedule: Can be implemented within 60 to 120 days Cost: $225,000.00 9. Sidewalks Installed (Minor Complexity) Department: Public Works Scope: Inspect the Shore Drive Corridor and identify areas where sidewalks can be installed. Sidewalks will be installed contiguously to existing structures and with in kind materials. Work to be completed by city forces or annual services contract. Schedule: Can be implemented within 90 to 120 days Cost: $25,000.00 10. Refresh Pavement Striping and Marking (Minor Complexity) Department: Public Works Scope: Inspect the Shore Drive Corridor and identify areas where pavement striping and markings can be enhanced or installed. Existing crosswalks and pavement markings will be re-striped to provide better visibility. Installations will be completed by annual services contract. Schedule: Can be implemented within 90 to 120 days Cost: Varies with application $3,000.00 per mile per line for 4 inch edge line $7,500.00 to $9,000.00 per intersection for crosswalks (Approximate total cost $240,000.00) 7 11. Pedestrian Signals (Adding Countdown Heads - Minor Complexity) Department: Public Works Scope: Add count down pedestrian counters to all signalized intersections in the Shore Drive Corridor. Installations will be completed by City forces or annual services contract. Schedule: Can be implemented within 90 to 120 days Cost: $15,000.00 12. Have Sidewalks Installed with Developments - On-going Department: Planning Scope: The Development Services Center will require all future developments along Shore Drive to install sidewalk contiguous to adjacent parcels. Where there is no sidewalk on the adjacent parcels, DSC will coordinate with Public Works for the sidewalk location. Schedule: Can be implemented within 30 days Cost:' Site plan requirement 13. Verify Stop Signs at all Non-signalized Intersections Department: Public Works Scope: Public Works will inspect and inventory the Shore Drive Corridor to insure all side streets to Shore Drive are properly signed. Schedule: Can be implemented within 30 days Cost: $5,500.00 14. Maintenance of Existing Landscaping Department: Landscape Services Scope: Evaluate the Shore Drive Corridor to see if there are areas where the existing landscaping and trees need to be trimmed or cut back. Schedule: Can be implemented within 90 days Cost: Work will be completed by City forces. 8 Mid term 15. Continuous Sidewalk (Moderate Complexity) Department: Public Works Scope: Inspect the Shore Drive Corridor for sites where sidewalks can be added with moderate complexity issues. Examples of moderate complexity issues would be minor drainage issues, lack of edge treatment but sufficient clear zone or right of way, i.e. no right of way required, and only minor utility conflicts with private utility companies. Schedule: Can be implemented within 12 to 15 months Cost: $4,800,000.00 16. Channelizing Pedestrians (plants and/or Fencing) Department: Public Works and Landscape Services Scope: Evaluate the Shore Drive Corridor to determine areas where mid block crossing movements occur most and evaluate types of channelizing methods that would be appropriate. Schedule: Can be implemented within 12 to18 months Cost: $475,000.00 17. Evaluate Pedestrian Activated Signal East of Great Neck Road Department: Public Works Scope: Evaluate the feasibility of a pedestrian activated signal on the Shore Drive Corridor east of Great Neck Road. Improvements, if feasible, will include crosswalk and signal. Schedule: Within 12 to 18 months Cost: $120,000.00 18. Evaluate Access Points (Side Streets) Department: Public Works Scope: Evaluate the Shore Drive Corridor to determine if closing some side streets or median openings to Shore Drive will benefit mainline and pedestrian flow. Analysis will be performed by annual service contract and include public meetings. Schedule: Can be completed within 12 to 18 months Cost: $4,250,000.00 9 19. Perform a Warrant Analysis on Unsignalized Intersections Department: Public Works Scope: Evaluate the Shore Drive Corridor to determine if additional signal locations are warranted. Analysis will be performed by annual services contract. The cost estimate includes adding two new signals. Schedule: Can be completed within 12 to 18 months Cost: $500,000.00 20. Retime Signals Department: Public Works Scope: Collect data necessary to retime Shore Drive Corridor and evaluate with respect to pedestrian movements to insure adequate crossing time at signalized intersections. Analysis will be performed by annual services contract. Schedule: Can be completed within 6 to 12 months Cost: $30,000.00 21. Research Other Temporary Safety Needs Department: Public Works Scope: Research new technologies and methods for pedestrian and vehicle safety in densely populated areas with pedestrian activity. Examples of types of safety treatments would be rumble stripes, flashing pedestrian lights, etc. Analysis will be performed by annual services contract. Schedule: Can be completed within 12 to 18 months Cost: $20,000.00 22. Evaluate Crosswalks at Signalized Intersections Department: Public Works Scope: Evaluate the signalized intersections along the Shore Drive Corridor to determine if any modifications to crosswalks are necessary. Modifications will include, but not limited to, additional crossings, stamped asphalt, countdown pedestrian heads and other signal modifications. Schedule: Can be implemented within 15 to 18 months. Cost: $90,000.00 10 Lon!!' term 23. Evaluate Inconsistent Edge Treatments Department: Public Warks Scope: Evaluate the Shore Drive Corridor to determine appropriate edge treatment for the various uses as well as the design improvements. The intent is to provide consistency throughout the corridor such that continuous sidewalks can be installed. Through this process the city can also employ access management practices to eliminate undesirable driveway cuts. Design and construction will be completed through the RFP and bid process. Schedule: 36+ months (assuming no right of way acquisition) Cost: $4,600,000.00 24. Sidewalk under North Side of Northampton Boulevard Overpass Department: Public Works Scope: Examine alternatives for providing a 4 to 5 feet sidewalk on the westbound side of Shore Drive under Northampton Boulevard. Coordinate with and obtain approval from Virginia Department of Transportation (VDOT) and Federal Highway Administration (FHW A). Design and construction will be completed through annual service contracts. Schedule: Can be completed within 24 to 36 months Cost: $900,000.00 25. Shoulder Improvements Department: Public Works Scope: Evaluate the Shore Drive Corridor to determine appropriate shoulder improvements for areas that will not be a curb and gutter section. Shoulders will be designed to promote a contiguous sidewalk. Design and construction will be completed through the RFP and bid process. Schedule: 36+ months (assuming no right of way acquisition) Cost: $1,895,000.00 26. Improve Waterway Crossings at Lake Joyce Department: Public Works Scope: Evaluate Lake Joyce waterway crossings to determine appropriate shoulder improvements to allow for 4 to 5 feet sidewalks. Design and construction will be completed by annual services contracts. 11 Schedule: 36+ months (This recommendation will be prolonged due to environmental requirements. ) Cost: $600,000.00 27. Improve Street Lighting Department: Public Works Scope: Evaluate existing lighting along Shore Drive to determine where additional lighting will be most effective in aiding pedestrians and vehicles. Design will be completed with an annual service contract and construction by Dominion Virginia Power. Schedule: 36+ months Cost: $325,000.00 for 20% increase in total number of lights $3,000,000.00 to replace all existing lights with new lights and increase the total number of lights by 20% 28. Improve Lesner Bridge Approaches Department: Public Works and Parks and Recreation Scope: Evaluate existing conditions and design interim improvements to provide safer access for crossing of Lesner Bridge until the bridge is replaced. As these approaches are mutually exclusive of one another, this project can be phased. If phased, the north side could be completed faster as is less complex than the south side. Design and construction will be completed by annual service contracts. Schedule: 24 to 36 months Cost: $750,000.00 29. Evaluate Sidewalk under South Side of Northampton Boulevard Overpass Department: Public Works Scope: Design and install 4 to 5 feet asphalt sidewalk behind guardrail of eastbound lanes. Coordinate with and obtain approval from Virginia Department of Transportation (VDOT) and Federal Highway Administration (FHW A). Installation will be completed by annual services contract. Schedule: Can be implemented within 18 to 24 months Cost: $140,000.00 12 30. Fund Shore Drive Demonstration Projects Phases I, II, III & IV Department: Public Works Scope: These four projects will accomplish almost the entire short, mid and long term recommendations along the Shore Drive Corridor. If funded and accelerated the corridor would have a much more cohesive appearance, be safer, and the cumulative cost will be less than the individual recommendation approach. The recommended improvements include but are not limited to installation of consistent edge treatments, eliminating multiple driveways, drainage improvements, contiguous sidewalk on both sides of Shore Drive, signal optimization and synchronization, improved pedestrian crossings, increased street lighting, pedestrian access under Northampton Boulevard overpass, improvements to the Lesner Bridge approaches, access to the Cape Henry Trail, and pedestrian signage. Schedule: 36 to 48 months (Contingent upon environmental permitting, private utility relocations, and right of way acquisition) Cost:' $13,800,000.00 31. Fully Fund Shore Drive Demonstration Projects Phase IV Depa'rtment: Public Works Scope: The recommended improvements include but are not limited to installation of consistent edge treatments, eliminating multiple driveways, drainage improvements, contiguous sidewalk on both. sides of Shore Drive, signal optimization and synchronization, improved pedestrian crossings, increased street lighting, and pedestrian slgnage. Schedule: 48 to 60 months Cost: $6,000,000.00 13 Section II - Public Involvement/Communication Plan Goals To increase the safety of residents and visitors who travel by foot, by car and by bike in the Shore Drive corridor. To enhance public awareness of the City of Virginia Beach's efforts to maximize safety along the Shore Drive corridor. Target Audiences Primarv Audiences 1. Shore Drive Corridor Residents and Visitors 2. Shore Drive Advisory Committee 3. Shore Drive Community Coalition 4. Civic Associations 5. Shore Drive Business Association 6. Bikeways and Trails Advisory Committee Secondarv Audiences 1. Virginia Beach Residents At-Large 2. Municipal Employees Objectives 1. To inform residents and visitors about pedestrian, driving and biking safety. 2. To inform residents and visitors about measures the City of Virginia Beach is taking to maximize safety along the Shore Drive corridor. Strategies Use available integrated communications tools to inform Shore Drive corridor residents and visitors, aswell as internal stakeholders. Tactics - Short Term 1. Shore Drive Advisory Committee Presentation. Charlie Meyer/April 20, 2006 2. News Release publicizing Shore Drive Safety Task Force Final Report and the City Council Public Hearing. Charlie Meyer/MCG/May 16,2006 3. Face-to-face meetings or written communication, e.g., The Shore Drive Breeze, as appropriate, with key stakeholder groups including: the Shore Drive Advisory Commission and the Shore Drive Community Coalition. PlanninglMay and June 2006 4. Submit articles providing progress reports to: City Manager's Update. Planning/Public W orkslParks and RecreationlPolice/Ongoing 14 5. Establish and maintain a section on safety issues and improvements at the Shore Drive Advisory Committee's Web page on VBgov.com's "Hot Topics" Web site. PlanningIMCG/Ongoing 6. Using written and audio-visual materials, signs, and word of mouth, inform the public about physical improvements and safety while driving, walking or recreating along Shore Drive. . News releases . City Page articles . Beach magazine article . VBTV . Parks & Recreation Guide article in the Fal12006 issue on "How to Safely Use Trails" . Articles for civic association newsletters . Fund posters to be posted in local businesses and brochures on safety . Develop a presentation featuring Shore Drive Safety Task Force Recommendations and the responsibilities of pedestrians, drivers and bikers; schedule the presentations Planning! Public WorkslParks & Recreation!Police/MCG/SDAC/SDCC/Ongoing 15 Section III - Comprehensive Plan Comnrehensive Plan and Related Ordinances and Policies Department: Planning Scope: Revisit the adopted Comprehensive Plan, Shore Drive Corridor Plan, Article 17 of the City Zoning Ordinance, the Shore Drive Design Guidelines, and other related ordinances or adopted land use policies to address any modifications or refinements that may be necessary to more fully address pedestrian, bicycle, transit and vehicular safety issues related to Shore Drive, and enact revisions deemed appropriate following opportunities for full public interest review. Central to this evaluation will be the understanding that Shore Drive serves as the sole east-west transportation corridor in the City north of the 1-264 / Virginia Beach Boulevard corridor. As such, from a land use perspective, it needs to be considered as a multimodal corridor and not soleI y as a vehicular corridor. Increased densities of develvpJ..uent in the corridor demand that pedestrian amenities are more fully addressed in all aspects of the development process, from the rezoning and conditional use permit stage through to the development plan approval and inspection stage. The goal of improving the level of transportation services for a wide vari~ty of users - pedestrians of all types, cyclists, in-line skaters, varied recreational users, transit users, as well as vehicle operators - and the interrelationships between these various users and land uses in an area characterized as being first and foremost as a resort community and not as a resort destination is suggested. Accordingly, both public and private proposed development criteria need to be evaluated from a multimodal perspective to ensure that the needs of these varied users are addressed. Since increasing roadway capacity in the area has strict limits, given the City Council directive that Shore Drive remain a four lane facility for the foreseeable future, greater emphasis needs to be placed on reducing intra-corridor trip demand, particularly where non- vehicular transit among various uses in the corridor can be promoted and encouraged. The Planning Commission has been given the enabling authority thorough State legislation to be the key stakeholder in this review and evaluative process, and is directed to undertake this role in a manner with full public participation. The Planning Commission should consider its work in conjunction with the other recommendations contained in this report. It is envisioned that the Planning Department staff will initiate this process by working primarily with the Planning Commission liaison members of the Shore Drive Advisory Committee to solicit public input and develop draft recommendations as appropriate for refining the adopted Comprehensive Plan, Shore Drive Corridor Plan, Article 17 of the City Zoning Ordinance, the Shore Drive Design Guidelines, and other related ordinances or adopted land use policies. These recommendations will then be forwarded for review by the full Shore Drive Advisory Committee, where there will be additional opportunities for public input, and ultimately consideration by the Planning Commission and the City Council in a full public input and review manner. Schedule: 6 to 18 months Cost: $10,000 16 Section IV - Summary Table of Recommendations Regulatory Recommendations Short Term 1. Remove Fatal Accident Sign and Replace with Community Signs 2. Install Yield to Pedestrian Signs and Pedestrian Warning Signs 3. Legal Evaluation of Speed Limit Adjustments in Work Zones 4. Evaluate Eliminating Right Turn on Red Movements at Signalized Intersections Mid Term 5. Evaluate Eliminating Right of Way Encroachments Lonfl Term 6. Evaluate Higher Fines for Traffic Violations along Shore Drive 7. Evaluate Lower Speed Limit along Sections of Shore Drive Regulatory Total Infrastructure Recommendations Short Term 8. Repair Damaged Sidewalks 9. Sidewalks Installed (Minor Complexity) 10. Refresh Pavement Striping and Marking (Minor Complexity) 11. Pedestrian Signals (Adding Countdown Heads - Minor Complexity) 12. Have Sidewalks Installed with Develupments - On-going 13. Verify Stop Signs at all Non-signalized Intersections 14. Maintenance of Existing Landscaping Mid Term 15. Continuous Sidewalk (Moderate Complexity) 16. Channelizing Pedestrians (plants and/or Fencing) 17. Evaluate Pedestrian Activated Signal East of Great Neck Road 18. Evaluate Access Points (Side Streets) 19. Perform a Warrant Analysis on Unsignalized Intersections 20. Retime Signals 21. Research Other Temporary Safety Needs 22. Evaluate Crosswalks at Signalized Intersections Lonfl Term 23. Evaluate Inconsistent Edge Treatments 24. Sidewalk under North Side of Northampton Boulevard Overpass 25. Shoulder Improvements 26. Improve Waterway Crossings at Lake Joyce 27. Improve Street Lighting 28. Improve Lesner Bridge Approaches 29. Evaluate Sidewalk under South Side of Northampton Boulevard Overpass 30. Fund Shore Drive Demonstration Projects Phases I, II, III & IV (partial) 31. Fully Fund Shore Drive Demonstration Projects Phases IV (Remaining) Infrastructure Total 17 Cost $4,000.00 $11,000.00 $21,000.00 $5,000.00 $24,000.00 $65,000.00 Cost $225 ,000.00 $25,000.00 $240,000.00 $15,000.00 $5,500.00 $4,800,000.00 $475,000.00 $120,000.00 $4,250,000.00 $500,000.00 $30,000.00 $20,000.00 $90,000.00 $4,600,000.00 $900,000.00 $1,895,000.00 $600,000.00 $325,000.00 $750,000.00 $140,000.00 $13,800,000.00 $6,000,000.00 $39,805,000.00 Comprehensive Plan Recommendations Comprehensive Plan and Related Ordinances and Policies $10,000.00 Total Recommendations Cost $39,880,500.00 Total to Fund Shore Drive Demonstration Projects Ph I, II, $19,800,000.00 III, & IV Total to Fund Individual Recommendations $20,080,500.00 18 ~ ~il~ Q~~"""f.a, [t}:I:~,..~{~) ~._''',:~:--:> ~L.:~t.j,~~ \\\i:"~ jjJ ~:~...~..~~ .~~ '" , CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance Dissolving and Reconstituting the City of Virginia Beach Towing Advisory Board MEETING DATE: June 6, 2006 . Background: State law requires City Council to seek the advice of a towing advisory board prior to adopting or amending any ordinance regulating the towing of unauthorized vehicles from private property. On July 6, 1993, City Council established the City of Virginia Beach Towing Advisory Board for that purpose. Effective July 1, 2006, a change in state law (1) mandates that the voting membership of local towing advisory boards include equal numbers of representatives of the towing industry and law enforcement, plus only one member of the general public; (2) requires that the board meet at least once per year; and (3) sets forth the procedure whereby the chairperson of the advisory board is elected. . Considerations: This resolution will change the composition of the board to bring it in accordance with the new state requirements. The current board will be dissolved and reconstituted with one Police representative, one representative of the towing industry, and a citizen. Current members will be eligible for appointment to the new board. . Alternatives: The board may consist of any number of members, so long as there is only one citizen and an equal number of Police and towing representatives. . Public Information: Public information will be handled through the normal Council agenda process. . Attachments: Ordinance Recommended Action: Adoption City Manage~ V ~ 1 AN ORDINANCE DISSOLVING AND 2 RECONSTITUTING THE CITY OF VIRGINIA 3 BEACH TOWING ADVISORY BOARD 4 WHEREAS, state law requires City Council to seek the advice 5 of a towing advisory board prior to adopting or amending any 6 ordinance regulating the removal of unauthorized vehicles from 7 pri vate property; 8 WHEREAS, on July 6, 1993, City Council established the City 9 of Virginia Beach Towing Advisory Board for the purposes of (1) 10 reviewing any proposed City Code amendment pertaining to the 11 removal of unauthorized vehicles from private property 12 (including the fees charged for such removal); and (2) making 13 recommendations to City Council regarding the provisions of any 14 such amendment; and 15 WHEREAS, effective July 1, 2006, a change in state law (1) 16 mandates that the voting membership of local towing advisory 17 boards include equal numbers of representatives of the towing 18 industry and law enforcement, plus only one member of the 19 general public; (2) requires that the board meet at least once 20 per year; and (3 ) sets forth the procedure whereby the 21 chairperson of the advisory board is elected. 22 NOW, THEREFORE, BE IT ORDAINED: 23 1. That the current City of Virginia Beach Towing 24 Advisory Board is hereby dissolved and reconstituted 25 to be comprised of the following voting members: one 26 representative of the Police Department; one 27 representative licensed towing recovery and of 28 operators; and one member of the general public; 29 2 . That upon adoption of this ordinance, the terms of the 30 current members of the Towing Advisory Board shall 31 expire, but current members shall be eligible for 32 reappointment to the newly constituted Board; 33 3 . That the voting members, by majority vote, shall elect 34 one of the voting members to serve as chairperson, 35 wi th such election occurring during the first meeting 36 of the board following adoption of this ordinance, and 37 annually thereafter; and 38 4. That the chairperson shall call a meeting of the board 39 whenever so requested by City Councilor the City 40 Manager, or whenever circumstance otherwise warrant. 41 In any event, the chairperson shall call a meeting of 42 the board at least once per year. 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia on the , 2006. day of APPROVED AS TO LEGAL SUFFICIENCY: ;;/c:~ "( r \ . "-.J . C~ty Attorney's Off~ce CA-9965 H:\PA\GG\OrdRes\Towing ORD R-6 June 1, 2006 ~.. .., -. ~~~'~"~h U , ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM ,I. A Resolution Referring to the Reconstituted City of Virginia Beach Towing Advisory Board (1) An Ordinance to Amend the City Code Pertaining to Towing from Private Property and (2) A Revision to the Police Department's Wrecker List Criteria MEETING DATE: June 6, 2006 . Background: State law requires City Council to seek the advice of a towing advisory board prior to adopting or amending any ordinance regulating the towing of unauthorized vehicles from private property. A change in state law authorizes the City to require, by ordinance, specific written authorization of a property owner or agent prior to a vehicle being towed without the owner's consent. State law also permits the Police Department to require tow truck service providers to accept one or more credit cards as payment for police-directed tows from public property. . Considerations: This resolution refers the proposed "written authorization" provision, as well as the attached revised Police Department Wrecker List Criteria, to the reconstituted Towing Advisory Board and directs the board to provide City Council with its advice prior to City Council's meeting on June 27,2006. . Public Information: Public information will be handled through the normal Council agenda process. . Attachments: Resolution Proposed ordinance Revised Police Department Wrecker List Criteria Recommended Action: Adoption CitYManager~ ~ 1 2 3 4 5 6 7 8 9 10 A RESOLUTION REFERRING TO THE RECONSTITUTED CITY OF VIRGINIA BEACH TOWING ADVISORY BOARD (1) AN ORDINANCE TO REQUIRE SPECIFIC WRITTEN AUTHORIZATION BEFORE A VEHICLE IS TOWED FROM PRIVATE PROPERTRY WITHOUT THE VEHICLE OWNER'S CONSENT; AND (2) A REVISION TO THE POLICE DEPARTMENT'S WRECKER LIST CRITERIA 11 WHEREAS, state law requires that the City's Towing Advisory 12 Board review proposed ordinances pertaining to the use of tow 13 truck services to enforce parking restrictions on private 14 property; 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That the Ordinance to Require Specific Written 18 Authorization Before a Vehicle Is Towed from Private Property 19 Without the Vehicle Owner's Consent and the revision to the 20 Police Department's Wrecker List Criteria, copies of which are 21 attached hereto, are hereby referred to the Towing Advisory 22 Board for its consideration and advice. The Towing Advisory 23 Board is directed to convene a meeting and review the ordinance 24 in time to provide City Council with its advice prior to City 25 Council's meeting on June 27, 2006. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia on the day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: R~~ City Attorney's~Office CA-I0052 H:\PA\GG\OrdRes\Tow Ed Refer Ord R-2 June 1, 2006 1 AN ORDINANCE TO REQUIRE SPECIFIC WRITTEN 2 AUTHORIZATION BEFORE A VEHICLE IS TOWED FROM 3 PRIVATE PROPERTY WITHOUT THE VEHICLE OWNER'S 4 CONSENT 5 SECTION ADDED: ~ 21-422.1 6 SECTION AMENDED: ~ 21-428 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 21-422.1 of the City Code is hereby added, and 11 Section 21-428 is hereby amended and reordained, to read as 12 follows: 13 Sec. 21-422.1 Written authorization required. 14 No tow truck service or operator shall remove any trespassing 15 vehicle from private property without first obtaining, at the time 16 the vehicle is towed, specific written authorization of the owner 17 of the property from which the vehicle is towed, or the owner's 18 agent. Such written authorization shall identify the vehicle to be 19 towed and shall be in addition to any written contract between the 20 tow truck service and the owner of the property or his agent. For 21 purposes of this subsection, "agent" shall not include any person 22 who either (i) is related by blood or marriage to the tow truck 23 service or operator or (ii) has a financial interest in the tow 24 truck service's business. 25 CO~NT 2 6 This amendment requires tow truck services to obtain specific written authorization of the 27 property owner or agent before towing a trespassing vehicle from the property. This written 2 8 authorization will identify the specific vehicle to be towed. This provision should curtail the practice of 29 "predatory cruising" by tow truck operators. Additionally, if the property owner's agent is related to 3 0 the tow truck service or operator or has a financial interest in the tow truck service's business, the agent 31 is not permitted to authorize towing from the property. 32 33 Sec. 21-428. Tow truck service operator's log. 34 Tow trucks service operators shall, within thirty (30) minutes 35 of vehicle hook up, complete a record of the make, model, year and 36 vehicle identification number, if known, of the vehicle, its 37 license number and state of issuance, the time, date and place of 38 removal, and the name of the tow truck operator who made the tow 39 __ -1 ............-, ~~- ::::.J.ch c:-:::.::-:z- :::::: ::.::::::, +-1-.~ .:.:;:-:.::::.::.::-a-.::: ::.:::::: &wfl:::::::- 3-:: ....1-.~ 40 ........-..: ...............- ,-~ 1:'--..-....- ----, ~~ ~~2 =~~=&&~~~~~~~2, =~~=~~~; ~~i ~~~~~=~=~~; ....l-.~ 41 ~T ~l-._" 1.-..~ ~..-e..__ __ _~,...,.,.,..: __.....J --"J.-----. ~ ~::::::.::.::::::- 3-= .::::.::.::::::::-.:.:.::::..::::::-: =::-::::= ::.:::::: OIm::::::- * 42 -::.:::::: ~::-.: ...~:::: 1_+- __ \.......:_ ::-::::~::- a-s-:::::-:::..::::..: .;::::, .1-. '~-1 ' ........"'t't'~:: ::::==:'.:::=-e.. :..:: ::.:::::: ::. 9W- 43 4-_,.._1, ..............1,.:......_ +-\....._ __ __.. _.._.._u~ ...._TT ....-.. , ~1-. _, , ~:::: .:::.~::.:::::::::. ~:: ~9-~~ -I-'h";.... ~::::'::'2-r 44 ~~::.~::-::::=~. Such record shall be retained by the tow truck service 45 for not less than one (1) year, and shall be available for 46 inspection by city police during normal business hours of the tow 47 truck service owner, including any time that a vehicle is being 48 impounded or reclaimed. Failure to keep and retain such a record, 49 or omitting to make a true and complete entry for each vehicle 50 towed, or failure to surrender such record to any police officer 51 upon request shall be unlawful. 52 CO~ENT 53 This amendment makes this section consistent with the provisions of the new section 21-422.1. 2 54 BE IT FURTHER ORDAINED that this ordinance shall become 55 effective on July 1, 2006. 56 57 CO~ENT 58 A change to state law allows the City to enact Section 21-422.1, which requires written 59 authorization of the property owner or agent prior to a tow from private property. The state law, 60 however, does not go into effect until July 1, 2006. Accordingly, the addition ofthat section to the City 61 Code will be effective on July 1, 2006. 62 63 Adopted by the City Council of the City of Virginia Beach, 64 Virginia, on this day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ;:e ~ t:: City Attorney's ~ffice CA-I0053 - H:\PA\GG\OrdRes\Proposed\Tow Written Auth R-2 June 1, 2006 3 VIRGINIA BEACH POLICE DEPARTMENT WRECKER LIST CRITERIA Revised May 31, 2006 I. Statement of purpose: A. The Virginia Beach Police Department administers a wrecker list for the purpose oftowing vehicles for police necessity. Reasons for the requests include driver arrests, motor vehicle accident disability, traffic hazards and illegal parking on city property. B. Those wrecker services on the list have agreed to abide by the criteria as indicated on this Wrecker List Criteria. The Criteria do not include protocols for every conceivable towing problem or issue that may arise; wrecker list services are expected to use common sense and courtesy when dealing with the public, the police department and their fellow wrecker services. C. The police department intends to ailm;11ister the list in a fair manner. However, there is no guarantee that each wrecker service on the list will have any specified number of calls, nor is there a guarantee that all wrecker list services will have an equal number of calls. D. Tow truck services accepted for the Police Wrecker List will be used on wrecker requests in the areas nearest their places of business. In the event multiple wrecker companies are located in close proximity, they will be called in rotation as needed. E. Due courtesy and professionalism are required of all wrecker service's staff. F. The criteria are in the best interests of the citizens, tow truck services and the City of Virginia Beach. They are subject to change with thirty days notice to all companies on the police wrecker list. G. Adherence to these criteria does not exempt any tow truck service operator from complying with Chapter 21, Article XI, Division 3 ofthe Code of the City of Virginia Beach or any applicable state laws regulating tow truck service operations. H. A violation of these criteria or applicable laws may result in the suspension or removal of a wrecker service from the Police Wrecker List. Compliance and violations are the purview and determination of the Chief of Police or his designee. Wrecker services are to fully cooperate with any investigation conducted by the police department. II. Qualifying criteria: A. An application is to be filed by the owner or manager for a wrecker service. This applicant must have control over the business practices and policies of the wrecker company. After each two-year period on the list, wrecker services must reapply. A wrecker service applicant can voluntarily have his wrecker service removed from the list at anytime with adequate notice to the Special Operations' Administrative Officer. B. The applicant may not have a conviction for any felony or any misdemeanor assault, fraud or larceny within 10 years of the application date. C. A wrecker service must have and maintain a current City of Virginia Beach business license and have been operating in good standing for at least a year prior to application. D. A wrecker service's business office and storage facility/compound must be collocated within the boundaries of Virginia Beach. E. A wrecker service's facilities must be in compliance with all provisions of the City Zoning Ordinances applicable to tow truck operations and storage of motor vehicles. F. The wrecker service facility must have signage indicating the business name that is capable of being read from the street on which its address is indicated. G. The office area where customers are received during business hours must have signage which can reasonably be seen from the outside of the business; this signage must list the name of the business, the hours of operation, and a method of contacting the business for vehicle recovery after business hours. H. In addition to above signage requirements, a sign shall be prominently displayed (so that it can be seen by customers in the parking lot) specifying the tow and storage rates. I. The office of a wrecker must have an entrance for customers that is outside of the locked fenced storage compound, or an unencumbered method for customers to enter the fenced compound to get to the office, or a means for a customer to contact an on-site staff member to gain entry. J. The office must be a building with a working heat source. A clean toilet facility must be available for customer use. A telephone must also be made available for customer use. K. A fenced locked compound (or capable of being locked during non-business hours) is required. The fencing is to be a minimum six-foot chain link fence with barbed wire across the top; if City Zoning Ordinances do not allow for this type of fencing in the zone where the wrecker service is located, then other a.J:'.J:'~opriate security fencing is required. L. Wrecker services must have sufficient lighting to illuminate their customer parking area and the fenced compound area. III. Business operations: A. Every wrecker service must carry insurance meeting the requirements of the City's Office of Risk Management as specified in section 18-55.1 of the Code of the City of Virginia Beach. The applicant wrecker service must send a copy of their certificate of insurance to the Special Operations' Administrative Officer where it will be kept on file. Whenever the policy is renewed, the wrecker service is to send an updated copy of the insurance certificate. It is imperative that the Special Operations' Administrative Officer be informed of any changes to a company's insurance. B. All tows done under police authority shall be charged using rates not exceeding those specified under City Code 21-407 for non-consensual tows from private property, except as noted below. 2 C. Notwithstanding the tow charge authorized in IIIB of these criteria, for vehicles towed at police request from accident scenes, arrest scenes or as recovered stolen vehicles, an additional recovery charge is authorized in the following circumstances: the wrecker service has been on scene in excess of 30 minutes and the vehicle, due to its location or circumstance, requires the use of a winch for recovery. Such location or circumstance that would justify recovery costs are: the vehicle is in a ditch, down a slope, over a guard rail, in a body of water, intruding into a building or structure, abutting or adhering to a tree or similar object, within a wooded area, where the vehicle is overturned or in cases in which more than one wrecker is required for recovery. The allowable recovery charge in these circumstances is half the authorized tow rate (as stated in IIIB) per 30-minute period beyond the first 30 minutes a wrecker is on scene. In order to document this recovery time, a wrecker driver may request the on scene investigating officer (or his designee) to record the arrival and completion times on the police department tow form (PD50-6). If it is determined that a wrecker service is intentionally delaying the time for recovery or misrepresenting the recovery time, that will be grounds for removal of that wrecker service from the police wrecker Ii st. D. In circumstances in which police have requested a wrecker for which a driver is unavailable at the time of the request and an eligible driver arrives on the scene while the vehicle is being hooked up or after hook up but prior to leaving the scene, the vehicle is to be released for a drop fee in keeping with the rate not to exceed that specified in City Code 21-405. E. Wrecker service offices are to be staffed at a minimum of Monday - Friday from 9:00 A.M. to 5:00 P.M. During non-business hours, a wrecker service representative must be reachable to release a towed vehicle or allow release of personal property within the vehicle to the owner/custodian (as defined in City Code 21-400) in a minimum amount of time not to exceed two hours. However, in a case in which the vehicle was towed due to the arrest of the driver, the owner/custodian may only reclaim it between 9:00 A.M. to 5:00 P.M. seven days a week, or during normal business hours (if those hours exceed the hours stated above). In no case should a vehicle be released to a driver/custodian who appears to be alcohol or drug impaired. F. Tow trucks are to respond promptly when summoned. Reasonable response times are no longer than 20 minutes for a call during business hours and 30 minutes after business hours. If a delay in response occurs, the wrecker service is to immediately notify E911 Communications. There are exceptions for responses needed in rural areas or other extenuating circumstances. However, the importance of prompt response cannot be over-.:-mphasized. When a wrecker service is called for a police requested tow, the operator is to advise the dispatcher of an E.T.A. G. In addition to cash pavment of fees. the acceptance of at least one of two commonlv used. nationallv recognized credit cards is mandated bv the Citv. Customers must be given reasonable notice of which maior credit card is acceptable as pavment. This notice is to be offered via telephone when a customer calls about retrieving a vehicle and posted on the office si2I1age. If cash 3 is offered for oavment. the wrecker service will orovide change for customers who do not have the exact fee amount due. H. Wrecker operators may not accept a call from E911 Communications and then pass the call to another company. I. Any wrecker service unable to accept calls for a period of longer than two hours shall notify E911 Communications. Likewise, the wrecker service is to advise E911 Communications when it is again available for police calls. It is not necessary to notify E911 Communications each time a wrecker service is occupied with other than a police call, unless that wrecker service is going to be tied up longer than two hours. J. Companies must provide 24-hour service for the towing of vehicles at police request. K. Vehicles towed at police request must be towed to the company's Virginia Beach location and maintained there until otherwise lawfully removed. L. Each wrecker service must produce an invoice for each police requested tow. That invoice is to reflect that the tow was made from Virginia Beach. Additionally, the customer copy of the invoice or receipt will have the following conspicuously printed on it (or on a sticker attached to it): "NOTICE: Virginia Beach City Code 21-426(f) requires the tow company to offer you a Survey and Comment Form with this receipt." The Survey and Comment Form will be made available to those retrieving vehicles towed at City request. M. For vehicles that have not been retrieved by their owners within seven days of the tow, a VSA 41 Form (Mechanics or Storage Lien Application) is to be submitted to the Virginia Division of Motor Vehicles. Should a wrecker service encounter a problem while completing this process, they may contact the below listed police employee: Ms. Janice Little Virginia Beach Police Department Support Division - Records 2509 Princess Anne Road Virginia Beach Police Department Fax # 427-4089 Desk # 427-8172 If a vehicle is not recovered within seven days, wrecker services may charge a fee, not to exceed the amount authorized for private non-consensual tows in City Code 21-407(c), for the owner or lien holder search. N. Police requests to tow trailers, including boat trailers with boats, will be handled as motor vehicles for towing purposes. However, the Virginia Department of Game and Inland Fisheries is the agency for obtaining owner registration and lien holder information on boats. Assistance in this matter can be obtained from Ms. Janice Little, as noted in HIM above. O. For cases in which a vehicle was impounded under the authority of Virginia State Code 46.2-301.1 and a court order had been issued for release of that vehicle, the wrecker service will release that vehicle to the owner/custodian. If the court order notes that the vehicle is to be released without cost to the owner, the wrecker service shall release it without charging the owner/custodian; the wrecker service may then submit paperwork to the court for reimbursement of his tow and storage 4 services as authorized by Virginia State Code 46.2-301.1B. However, ifrelease of the vehicle is ordered but the court order does not specify that the release is to be without cost to the owner, then the vehicle may be released upon payment of applicable tow and storage charges by the owner/custodian. P. For cases in which a wrecker service tows a verified stolen vehicle (as determined by the assigned investigating officer), the wrecker service will release the vehicle to the owner/victim without charge. The wrecker company may then submit paperwork for reimbursement of tow and storage services as authorized by Virginia State Code 46.2-1209. Q. In order to maintain public peace and good order, a police officer may order the release of a vehicle for city requested tows in keeping with circumstances outlined for private non-consensual tows as noted in City Code 21-406( d). IV. Wrecker requirements: A. Tow trucks must be of sufficient size and adequately equipped to handle any vehicle (up to 8,000 pounds) involved in an accident or otherwise disabled. B. Each tow truck must be equipped with a winch with a minimum pulling or hoisting power of 8,000 pounds. C. In addition to standard lighting required on motor vehicles, tow trucks must be equipped with flashing, blinking or alternating (rotating) amber lights as required by Virginia State Code 46.2-1025. D. Tow trucks are required to have either permanently mounted signs or signs painted directly on the sides in keeping with the direction of Virginia Beach City Code 21-404. Removable magnetic signs are not acceptable. Lettering must be at least two inches in height. These signs must state the name, Virginia Beach address and phone number of the wrecker company. E. Tow truck operators are responsible for the clean up and removal of debris from an accident scene before departing as required by section 18.2-324 of the Code of Virginia. Therefore, wreckers are to be equipped with a broom, shovel, debris container, and a minimum of five gallons of a fluid absorbing substance; this five gallons is the minimum that is to be carried on board; however, if more is needed, wrecker operators are to have quick access to more. If two or more wrecker operators are summoned to police scenes, they are equally responsible and cooperation is expected for clean up. Debris from clean up is not to be deposited into a vehicle towed from the scene. F. Wrecker operators are not to remove a vehicle from an accident or arrest scene until directed to do so by the investigating officer or his designee. Officers should stand by the scene of a tow until the tow truck operator has completed any necessary clean up and is ready to depart the scene with the vehicle. G. All wreckers to be used on police requested tows will be inspected by the Police Department Special Operations' Administrative Officer. Any and all deletions, additions and replacements of wreckers must be reported immediately to the Police Department's Special Operations' Administrative Officer so inspection can be performed. 5 H. Wrecker operators must possess a valid operator's license. Operators of wreckers in excess of26,000 pounds must also possess a Class "A" commercial operator's license and current medical examiner's card. All wrecker drivers must be sober, reliable and responsible in the operation oftheir equipment. V. Special Considerations for Resort Area Towing: A. Those wrecker companies on the Police Wrecker List located in close proximity to the Oceanfront may be considered for use in towing police requests for RPP violations, city parking deck/lot violations, and other city parking violations. Those wrecker services used for this purpose will be at the discretion of the Chief of Police or his designee. B. Those wrecker companies selected to assist the City by towing for these violations must also staff their offices between 7:00 P.M. and 4 A.M., seven days a week from Friday of Memorial Day weekend through Labor Day. C. When a wrecker has been requested to tow a vehicle using the RPP sticker system, the wrecker service shall report the tow information regarding that vehicle to E911 Communications within 30 minutes ofthe tow. If a vehicle is gone upon arrival of the requested wrecker service, that wrecker service shall report that fact to E911 Communications within 30 minutes of that discovery. D. Response to police requests for RPP towing will be as soon as practical. However, other (accident, arrest and traffic hazard) police calls are to take priority. Approved: A. M. Jacocks, Jr., Chief of Police Kathy D. Rountree, Public Safety Attorney 6 /' 4~~ .c~~...-li;;, l6"~~' . ;",.."."~' (~{-:\ >:. '.,,;,'~'''i'7.) ~u..' 1.--_;>)0 ~~\~' . Ii} \,lr"';-" ,~~ '-:~~o.::oJ " " ITEM: CITY OF VIRGINIA BEACH AGENDA ITEM ,/ Request for Encroachments into the City property known as Lake Joyce from the adjacent property owners, Curtis E. Bailey and Robyn M. Bailey MEETING DATE: June 6, 2006 . Background: Curtis E. and Robyn M. Bailey have requested permission to maintain an existing timber bulkhead and rip rap. In addition, the Bailey's would also like to construct and maintain a 10' X 15' dock, piles, and vinyl bulkhead. Their property is located at 4532 Black Cove Road and they would be encroaching into a portion of Lake Joyce. . Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Joyce. . Public Information: Advertisement of City Council Agenda . Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. . Recommendations: Approve the request subject to the terms and conditions of the Agreement. . Attachments: Ordinance, Agreement, Plat, Location Map, and Pictures. Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate ~1'}. City Manager~ b fr · Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE JOYCE BY CURTIS E. BAILEY AND ROBYN M. BAILEY, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Curtis E. Bailey and Robyn M. Bailey desire to maintain an existing timber bulkhead and rip rap and construct and maintain a proposed 10' X 15'dock, piles, and vinyl bulkhead in a portion of the City's property known as Lake Joyce located at the rear of 4532 Black Cove Road. WHEREAS, City Council is authorized pursuant to ~~ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Curtis E. Bailey and Robyn M. Bailey, their heirs, assigns and successors in title are authorized to maintain an existing timber bulkhead and rip rap and construct and maintain a proposed 10' X 15' dock, piles, and vinyl bulkhead for the temporary encroachments in the Ci ty' s property known as Lake Joyce as shown on the map entitled: Exhibit nAn, nSITE PLAN CURTIS BAILEY 4532 BLACK COVE ROAD VIRGINIA BEACH, VA", a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subj ect to those terms, conditions and criteria contaiaed ill the Agreement between the City of Virginia Beach and Curtis E. Bailey and Robyn M. Bailey (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Curtis E. Bailey and Robyn M. Bailey and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2006. PREPARED: 4/21/06 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ C. cMw.5t1n ~NATURE . '0~ DbJORTMENT , . 11 Wu-./{lyJ CITY A'I<1'ORNEY CA-9869 X: I OlD I REAL ESTATEIEncroachmentslpw OrdinanceslCA9869 Bailey.doc 2 PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEIvll' 1 hV FROM RECORDATION TAXES UNDER SECTION 58.l-811(C) (4) THIS AGREEMENT, made this 6th day of February, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CURTIS E. BAILEY and ROBYN M. BAILEY. husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "3" as shown on "SUBDIVISION OF BLACK COVE POINT BA YSIDE BOROUGH VIRGINIA BEACH , VA. SCALE 1" = 50' SEPTEMBER 28, 1964", as recorded in Map Book 62, Page 37 in the Clerk's Office of the City of Virginia Beach, Virginia and being further designated and described as 4532 Black Cove Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing timber bulkhead and rip rap and construct and maintain a 10' X 15' dock, piles, and vinyl bulkhead, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the City property known as Lake Joyce, located at the rear of 4532 Black Cove Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. GPIN: 1479-69-2054-0000 1 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into The Encroachment Area as shown on that certain plat entitled: "SITE PLAN CURTIS BAILEY 4532 BLACK COVE ROAD VIRGINIA BEACH, VA", a copy of which is attached hereto as Exhibit "A", DATE: 3/15/05 and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of 2 any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force ail-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so 3 occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Curtis E. Bailey and Robyn M. Bailey, the said Grantee have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalfby its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS LEFf INTENTIONALLY BLANK) 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) AITbST: City Clerk 0.k;.- t6 t.~ Curtis E. Bailey (~/II fu RobYn M. Bailey - ~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by . CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER who is personally known to me. Notary Public My Commission Expires: . 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF r\Hlill.'A . ( f) .. CITY/E~~~:~~ OF ~f , to-wit: The foregoing instrument was acknowledged before me this ~~"l f'LI.f\I"'\ -=' 2006, by Curtis E. Bailey. . 0 /, day of My Commission Expires: /llfZr7llIL-L ./ I /' ...,' . -. ,/ / Notary PublIc , I jd J!;XDj !; STATE OF_ 0'tC,i (ItA n . . CITY/EQt~:~':. 6F -----h,.brirJI/<.. , to-wit: The foregoing instrument was acknowledged before me this t day of /;!bruA d- - 1.006, by Robyn M. Bailey. /1)/" ..:1/ /J I ;.'../ /..1/ ;/1(. ,{?;):l~ ! / Notary PublIc //" f' My Commission Expires: id fij /?:k::Jc; 6 APPROVED AS TO CONTENTS ~tc C. ~~ ~NATURE Pro KfIJ €s1il DEPARTMENT APPROVED AS TO LEGAL SU.lf.lflCIENCY AND FORM 0) WfL ~ a OIL ~ :)t.7ilA 7 !I r i_i1'LI vv d . G:\USERS'SHARED\WP80\RE\Real Estate Fonns\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 7 -&. LA"G' :5()yC~ - c:r'lj' Of- Vlll6jJV1~ i!tMt<t ~~ Qr!r~~t ~$J ~OW ""'- /7,,1 .4., ~l.ISiH>"aOt:>~A11Ig PIU:.t ..., ~.,.... , " AJ€(,J /0' '&15' rl20p O&.rw~a @. ~ ~""'--,<-,,-__;(.i) I I,~ l)~''''_,jA? .(N~(,~~ C'1Vo(VA ~ J........ '~~~~~fR~a" ..,..... ......, ,~.-.,....:.~ ' . . ~/Zci ~'.f{'= z..=A-*--~~j - -'-=~ . . :'" ~ .M;'vV'IJv'Lau~,",AJ) Etl':>\' <= R\9 ~~f> r n I.F -+ ;'1~~U~rt.JS \'\TClI;rr ~\"n~d ~ PT TO 1I 1 2 2 3 '3 4 ~I' 4 :) O~IL 5 ., (j) A 1 A A 2 A 3 A 4 {t A 5 .. A (; B ra - I') I ~f O'-ii'L @)' I J'~Cf() I . :,..1 .1 "2- 't. S1b~.., f1fl.I~ ~ ftt~ € d ~.sJ'2 .~ I ( .- ,- , " .: : :: '/1 -' ,-.. DIm' 6' 33' 15' 14' " 87.5' 93.5' 183' 111' 126' 121' - - - . - . - ~ ' , . ~ . ...... - " -. . ..t. " " . .. ' ':, :Ai U.l,{; NORMAL WA~.f;.k ~l'l'E PLAN ~'\J.tli.POSE: NEW BtlI..K..w!.AD AND :DOCK rACENT PRUl"ERTY O~"ERS: r - IN: I..AKE JOYCE I 1. ~ ( Ke- .. ,_ ), \,;o~:n~ .B~V I AT: BLACK COVE PO~"'T I ~,t21j\j DF{A.r?flC[.H 45~~~~~ APPLICANT:cmmsBAILri ' I . ;jf>,.;o(l .A ../1" A. II " ~~/i"i ,:"~"..\; ~, ~~" .;~T~ 1 \ ;) r':" i, j '\.'1 ---------------------------------------------------------------- 'i:l C SCAlE: 1" = 400' .;AllEY.DGN M.}.S. PREPARED BY p,..w ENG. CADD DEPT. / ~@. fi~~~t~ tf";l"" '.'.in f,;, ~ fj ~-."'i)J (5: -, .~ -~~~ ~.:-..-., . ;:.> ,\:~-~ -. .lff '1:..'''''t;~....~...r.J \.\.~..r , '- CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Appropriate $7,441 from the Norfolk Foundation to the Library Department's FY 2005-06 Operating Budget to Provide Access to Online Databases MEETING DATE: June 6,2006 . Background: Non-profit organizations frequently rely on public libraries to provide information on available grants. The Foundation Center is a nonprofit organization dedicated to strengthening the nonprofit sector by advancing knowledge about philanthropy.The largest local source of grant information is the Hampton Public Library, which as a Cooperating Library of the Foundation Center receives many materials free of charge. The Virginia Beach Public Library has applied twice to be a Cooperating Library, but it has not been accepted because the City's facilities are within fifty miles of Hampton's. In order to make grant information available in the South Hampton Roads area, in December 2002, the Virginia Beach Public Library received a regional grant of $9,180 from The Norfolk Foundation. This grant enabled the City to provide access to two on-line grant databases that provide up-to-date, easily accessible information on available grants and grant-making organizations. These two databases, "Grant Select" and "Foundation Directory Online," have been available since December 2002 to customers of the Virginia Beach Public Library. During FY 2003-04, the Norfolk Foundation renewed this grant for three years to enable the Virginia Beach Public Library to continue providing this service. . Considerations: On April 27, 2004, City Council accepted the three-year grant from the Norfolk Foundation and appropriated $9,180 as the first of three annual awards. City Council appropriated the second year funding of $9,180 on February 22, 2005. The amount funded for the third year, $7,441, is less than the previous two years because one of the two databases, GrantSelect, will be discontinued as of February 28, 2007. The cost of this database has been pro-rated for the period of availability. No matching funds are required by the City. . Public Information: Public information will be handled through the normal City Council agenda process. . Recommendations: It is recommended that the $7,441 grant be appropriated. . Attachments: Ordinance and Grant agreement Recommended Action: Approval of ordinance Submitting Depa,&nLgency: Virginia Beach Department of Public Libraries ~ City Manage~ v ~ 1 2 3 4 5 6 7 AN ORDINANCE TO APPROPRIATE $7,441 FROM THE NORFOLK FOUNDATION TO THE LIBRARY DEPARTMENT'S FY 2005-06 OPERATING BUDGET TO PROVIDE ACCESS TO ONLINE DATABASES WHEREAS, during FY 2003-04 City Council accepted a three- 8 year grant from the Norfolk Foundation to provide access to 9 online databases, and City Council has appropriated the first 10 two years of the grant. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 1. That $7,441 from the Norfolk Foundation is hereby 14 appropriated to the Library Department's FY 2005-06 Operating 15 Budget to'provide access to online databases. 16 2. That revenue from donations is hereby increased in the 17 FY 2005-06 Operating Budget by $7,441. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia, on the day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~~~ Manag~men t stfviyes CA10035 X:\PA\GG\OrdRes\Norfolk R-3 May 25, 2006 I~~ (0, i -LJAA _ City- Attorney's cdfice Foundation Grant ORD TlieNORFOLK . . FQUNDATION J...IJ.-r.. . . ."'..' -riJlt,- Lck~" <.-"l rIll fl. . "- t I GRANT AGREEMENT The granf to YOVf organization from The Norfolk FoundaTion is for iheexpiidt purpo.$ests) described below and is subject to your acceptance of the following cond1tions. To acknowledge .this agreement and to accept the grant PLEASE SIGN AND RETURN.... .THEO. JU.GiNALAGREEMENTro THE NORFOLK FOUNDATION. .- ,. .. .. .- -- -- . . Grant No. 20040005 Amo:utlfofGrant:$27~540.00 . r l j l j I Grantee: . Virginia Beach. Public LIbrary Program or?roject Title; To .prQvid~ .a~ce$$.to.the Foundoticm.Oiteefory OnUne and Grdl'1tsele'Ct databases Grant Period Begins; P.ayment.Schedule: 04/0l/2004 End$:0313l!2007 Threeannuaf installments of $9..180 paid in Mar<:hof 2004,2()OSand 20()6 ~ :: ~ .1 . Special. Conditions of the Grant Raglandl access must be maIntained Fined Report Due: 03/31/2005 QrlcH)3/31/2006 G3/3112007 1 :...~ I I , ! :1 ~~: . InterIm Report. Due.= .Special. Provisions: None All gtdntsoJ'~mQdeinaccordanceWlthcurrent dndapplicable.faws and pursuont. to thEi'~ntemcH Revenue Code. osamended,.andfhereglJlofionsi$sved hereunder. Please readthe.following carefully: . t AnnouncingGronts The grantee agency is stronglyencQuraged to make public annovncements about the project. The grantee is requested tOdcknowiedge The Norioik Foundation asgrantmoker In c.lll media communications, pubHcannouncements or printed moterials concemk19 the project. , . . ~2- Coplesofsl..ichcQrnrnunicqtions and announcements. and of published referencestotr,egrantshovldbesenl to The Norfolk Foundation forUs records. Ii Inadditian,grants approved byThe Norfolk Foundation's Soard ofDiredors are reported to the community through The Norfolk Foundcrnon's newsleiter.annucl report and periodic Hsting of grants. The NorfoikFoundation also ~ssues press releases describing inoMdvol projeci's orprograms. H. E)(pl:mditureoffunds This grant rs to be used only for the purpose describedoboveondin dccordance with the approved budget. Th$ progromissubjecffomodlflcation only With The NOrfolk Foundafion's prior written approval. A. thegrdnteeshdll return to The NoriolkFoundaffoo.anYLloexpandedfundsand any vnpcdd.gront funds will be rescinded: l}Ar the end of thegront period, or- 2) if The-Noriofkfoundafion determlnesthotthegtQotee bds not . perfu~l nedin.accordanceWithth=is ogreementond approved program/budget ,or B. No funds prqvidedby The NorfolK foundation maybeLlsed for any political campaign, or to support attempts to influence iegislationbyany governmenial body,otherfhan throughmakingavoiloble the results of nonportison.analysls,study and .tesearch. C. UnlessspedficoUYOl}fhorized by The Norfolk Foundafior). expens.es charged qgainstthisgt<iht moy not be incurred prior tathe effective. date of thegront or subseque.nt tofhefemflinafiondoteandmay be incurred o'l1!Yos necessary to cony outthe purpo.ses Ol1d .6ctivities .of th.e cpproveoprogram. D. The grantee organization is responSible fer the . .expenditure of funds and for maintaining odequa1esuppotting records consistenf wUh generalfyoccepted acc.ountlng.practices. -,3- lit Reports to The Norfotk Foundation Graniee organizations are expected to report to The Norfolk Foundation on the progre$softheir program orprojectaccordingtofhe schedule describedin fhis grant agreement. I Thenna!report must summarize the C1chievemenfsofand.lessons learned from theproleCl and provide.a. finqnda! accounting for the..expenditure of grant funds. Reports wmbe<consioered iote if received ofterthe dates specified on page one of the AgreernenLThetimeliness and quality of both the l1orrativeandfinondal sections of progressreportswHl be factors in evaluating the grantee for fUTure funding. tv. UmifOlCommttment Unless otherwise stipulated in writing, fhis.granlis mode with thelJnderstondlng. thQt The NbrfolkFqundatioh has no obligation to proVideotheroroddifiono!$upport t.o.thegrQnte~. The Norfolk Foundation: Grantee: LL......~ a....~. ... ..........~.......~.................... A,rg~. .llie. a D,UghfC/ P~ent ~~ihM~ ~h6riZed Signaturej .I~ /,~Y fjfe James oK. Sbore.~~.tvM.<ln;:H,!pr Print Name and Title ~o4 '%0, U)clf ~ ' Date G~\Grtlrll fto.dmin\ft'Am\GRANT AG~e(;MENT.doc :-.'- K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICT COMMISSION - HRPDC INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEAL TAX TASKFORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMu1 1::'.E P ARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS IwEW A TER COMMUNITY COLLEGE BOARD IIVEW A TER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS - llVC I, I! . .._~. --. .. -' L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: May 23,2006 C E S L D C M R C A W I J L A N R H N I PAGE: 1 E D 0 A D D E M U L W Z Y N N D 0 E I E S 0 AGENDA E E E A 0 R V D V 0 0 ITEM # SUBJECT MOTION VOTE L R S N X f E T A N D I-A BRIEFING: A. TOWING ADVISORY BOARD Barry Shockley, RECOMMENDA nONS Administrative Services Manager, Management Services B. SEGW A Y PILOT PROGRAM Michael Eason, Resort Programs Administrator, Convention and Visitors Bureau lI/ffiI IVNI IVI V-E CERTIFICATION OF CLOSED SESSION CERl U'1r.U 10-0 Y Y Y Y Y Y Y Y Y Y A F-I MINUTES - May 9, 2006 APPROVED 10-0 Y Y Y Y Y Y Y Y Y Y A GIH-I PUBLIC HEARING 3 speakers REAUPERSONAL PROPERTY TAX - Proposed Exemptions I -I PUBLIC COMMENT 10 speakers SHORE DRIVE SAFETY Il\1PROVEMENTS JI Resolutions re legislation designating TAX ADOt' 1 r.u, BY 10-0 Y Y Y Y Y Y Y Y Y Y A K-la EXEMPT on state/local real/personal Y'''y~.;j: CONSENT Goodwill Industries of H.....y;vu Roads The Nature Conservancy Hampton Roads Soccer Council Ib Resolutions re legislation designating TAX DENIED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A EXEMPT on state/Iocal real/personal property: CONSENT Commonwealth Support Systems, Inc. Contemporary Art Center of Virginia District 8 Little League Dolphin Scholarship foundation Equi-Kids Therapeutic Riding Program Kid's Quest Child Development Center Northwestern Human Services of P A, Inc. Sara's Mentoring Center, Inc. Spina Bifida Association of Tidewater Summer Shakes, Inc. Virginia State Crime Clinic Young Musicians of Virginia, Inc. -, . CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I !; M B L DATE: May 23,2006 C E S L D C M R C A W I J L A N R H N I PAGE: 2 E D 0 A D D E M U L W Z Y N N D 0 E I E S 0 AGENDA E E E A 0 R V D V 0 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D Ic Resolution re legislation designating TAX REFERRED 10-0 Y Y Y Y Y Y Y Y Y Y A EXEMPT on statellocaJ real/personal property TO THE COG for SI. Gregory the Great Catholic Church COMMTITEE TO RECONSIDER, BY CONSENT 2 Resolution to EXPRESS SUPPORT for ODU ADOPTED, AS 10-0 Y Y Y Y Y Y Y Y Y Y A opening a "four-year branch campus" at Virginia CORRECfED, I' Beach Higher Education Center BY CONSENT :' 3a Ordinance to AMEND City Code ~7-59.2 re ADO!" 1 t:lJ, BY 10-0 Y Y Y Y Y Y Y Y Y Y A riding on the beachlboardwalk. The City will CONSENT be indemnified from any liability 3b/c Ordinance to AMEND the City Code: DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y A b. AMEND ~~21-422121-426121-429/ADD ~ JUNE 27,2006, 21-422.1 re towing from private property BY CONSENT c. AMEND ~21-426 remaximum basic towing fee 4 Ordinance to GRANT franchise to Cox ADO!" 1 t:lJ, BY 10-0 Y Y Y Y Y Y Y Y Y Y A Communications Hampton Roads, LLC re CONSENT cable system 5 Ordinance to GRANT franchise agreements for ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A Open Air Cafes in Resort Area: CONSENT a. 21 Fun, LLC tla Sharx b. TC JR, Inc. tla T -Caspers Bar and Grill c. Shrey, Inc. tla Tropical Smoothie 6 Ordinance to AUTHORIZE a Deed of ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A ReleaselExchange with John Baum re ARP CONSENT 7 Ordinance to AUTHORIZE MgmtlOp ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A As,,;..:...,ent with APV A re Lynnhaven House CONSENT 8 Ordinance to AUTHORIZE acquisition of r-o-w ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A leasements re increasing the capacity for First CONSENT Colonial RoadlVirginia Beach Boulevard intersection 9 Ordinance to AUTHORIZE encroachments by ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y Y A Heritage Park, LLC, into City's r-o-wat CONSENT Heritage Park DrivelSandbridge Road re sign! inigation linelelectricalline DISTRICT 7 - PRINCESS ANNE 10 Ordinance to TRANSFER $395,340re Police ADOPTED, BY 9-1 Y Y Y N I Y Y Y Y Y Y A recruiting tests CONSENT I I I I I I I I I . CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L I : ~ DATE: May 23,2006 C E S L D C M R C A W I J L A N R H N I PAGE: 3 E D 0 A D D E M U L W 2 Y N N D 0 E I E S 0 AGENDA E E E A 0 R V D V 0 0 ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D LI Bobby DanielslFaith for Deliverance REFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y A Outreach Center for CUP at 649 Newtown PLANNING Road DISTRICT 2 - KEMPSVILLE COMMISSION, BY CONSENT Ml Closure at Jersey Avenue'Va Beach Blvd re APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y Y A reservation for future development CONDITIONED, DISTRICT 2 - KEMPSVILLE BY CONSENT a. Cornelius F./Antonina Boynton b. LopeJMercy Pile 2 Variance re lot size to ~.4(b) of Subdivision APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y Y A Ordinance re lots meet requirement CZO for CONDITIONED, HERBERT R. SNELLING, JR to develop two BY CONSENT single-family dwellings at Old Forge RoadIW oodlake Road DISTRICT 3 - ROSFHALL 3 BURTONINANCY C. JUDA CUP re APPROVEDI 7-2 Y Y Y N Y A Y Y Y N A residential kennel for dogs at 205 Coventry CONDITIONED, B Road DISTRICT 2 - KEMPSVILLE BY CONSENT S T A I N E D 4 COURTHOUSE COMMUNITY UNITED APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y Y A METHODIST CHURCH CUP re Family Life CONDITIONED, Center at 2708 Princess Anne Road BY CONSENT DISTRICT 7 - PRINCESS ANNE 5 UPTON I, LL.C."CUP to develop Child Care APPROVEDI 10-0 Y Y Y Y Y Y Y Y Y Y A Education Center at Upton Drive/Old Dam Neck CONDITIONED, Road. DISTRICT 7 - PRINCESS ANNE BY CONSENT 6 CARUANA CONSTRUCTION, INC. CO2 APPROVED AS 10-0 Y Y Y Y Y Y Y Y Y Y A from AG-2 to Conditional R-20 at PROFFERED, SeaboardlPrincess Anne Roads to develop single- BY CONSENT family homes in Transition Area DISTRICT 7 - PRINCESS ANNE 7 DANNY K MARTIN C02 from R-5D to DEFERRED TO 9-0 Y Y Y Y A Y Y Y Y Y A Conditional I-I at 5840 Burton Station Road to JUNE 13,2006 develop an office-warehouse DISTRICT 4 - BA YSIDE 8 DELAWARE CORPORATION C02 from R- APPROVED AS 10-0 Y Y Y Y Y Y Y Y Y Y A 20 to Conditional 1-2 on London Bridge/Harpers PROFFERED, Roads to develop office-warehouse/storage BY CONSENT within Strategic Growth Area 10, South Oceana Area. DISTRICT 7 - PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V 0 I M B L DATE: May 23, 2006 C E S L D C M R C A W I J L A N R H N I PAGE: 4 E 0 0 A 0 0 E M U L W Z Y N N 0 0 E I E S 0 AGENDA E E E A 0 R V D V 0 0 ITEM # SUBJECf MOTION VOTE L R S N X F E T A N D -.-... 9 Lawson HaD Associates, LL.C. COZ from R- APPROVED AS 9-0 Y Y A Y Y Y Y Y Y Y A 10 to Conditional A-12 with a PD-H2 Overlay at PROFFERED, B 5525 Lawson Hall Road to develop age-restricted BY CONSENT S multi-family residential within Primary T Residential Area. DISTRICf 4 - BA YSIDE A I N E D N APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S ARTS AND HUMANITIES COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMll 11::1:: GREEN RIBBON COMMITTEE HAMPTON ROADS PLANNING DISTRICf COMMISSION - HRPOC INVESTMENT PARTNERSHIP ADVISORY COMMu 11::1:: - PPEA MEAL TAX TASK FORCE MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICf COMMISSION 'OF HAMPTON ROADS - TIDC ADD Resolution to REFER to the Planning ADDED TO THE 8-] N Y Y Y A Y Y Y Y Y A ON Commision an Ordinance to AMEND the AGENDA Comprehensive Plan re commercial uses in sulr area ] IPrincess Anne Corridor ADO Resolution to REFER to the Planning MOTION TO ON Commision an Ordinance to AMEND the ADOPT F AlLEO Comprehensive Plan re commercial uses in sulr due to lack of a area IlPrincess Anne Corridor second OIP-I ABSTRACf OF VOTES - May 2, 2006, CITY CLERK TO B Y C 0 N S E N S U S COUNCILMANIC and SCHOOL BOARD RECORD Election UM/ ADJOURNMENT 8:23 P.M. N