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JUNE 6, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR 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 I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY 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 - 3:00PM 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 V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf 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. ~ 18-65 re bail bondsmen b. ~ 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 non consensual 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. 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 P ARKS AND RECREATION COMMISSION SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION TOWING ADVISORY BOARD TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS - TTDC L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** 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 * * * * * * * * * * * Agenda 06/06/2006mb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY:CQUNCIL Virginia Beach, Virginia 6 June 2006 Vice Mayor Louis R. Jones Presided and called to order the CITY MANAGER'S BRIEFING re TOURISM ECONOMIC IMPACT in the Council Conference Room, City Hall, on Tuesday, June 6, 2006, at 3:00 P.M Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Attending Us. Conference of Mayors , 7lh Annual Meeting] Jim Reeve [Entered: 3:30 P.M.] Peter W Schmidt [Meeting in Chesapeake, Entered: 4:00 P.M) Ron A. Villaneuva [Entered: 3: 15 P.M.] June 6, 2006 - 2 - CITY MANA GER 's BRIEFING TOURISM ECONOMIC IMPACT ITEM # 55260 3:00 P.M. Vice Mayor Jones introduced James Ricketts Director, Convention and Visitors Bureau, to present information re the Economic Impact. of Tourism. Mr. Ricketts reviewed the Annual Impact Study ofGil Youchum, Professor of Economics - Old Dominion University. These surveys are conducted each year by Continental Research. The 2006 "Red skins Beach Blitz" was held June 2-4, at the new Convention Center. A black-tie dinner was held at the Cavalier Hotel and a golf tournament was played at Tournament Players Club. Mike Stevens, Vice President - Marketing for the Red Skins, "Federal Expressed" a 3-minute video highlighting the Redskins Football Beach Blitz.(cheerleading clinics, Tailgate Party, et cetera) and requested this be shown to City Council. This is a recap a great partnership between the City and the Redskins, a family event and one that would marry the "tourists" to the Redskins. Forty (40) players accompanied by their families and head coaches attended. Mr. Ricketts advised this event was produced by the Convention and Visitors Bureau. The two (2) members of the dedicated staff hired to produce this event performed amazingly: Buddy Wheeler (recuperating from a punctured lung and two (2) cracked ribs), and Nancy Helman, Sports Marketing. For the next three (3) years, the Washington Redskins will be vacationing in Virginia Beach. The Redskins and the City's Convention and Visitors Bureau have entered into a three-year agreement to produce the "Redskins Beach Blitz", a fan appreciation festival. Mr. Ricketts introdued Dr. Gilbert R. Yochum, College of Business and Public Administration, Old Dominion University, who reviewed the 2005 Virginia Beach Tourism Economic Impact Study". The United States Government has set the standards for defining and measuring the tourist industry. The series of definitions central to defining the tourist industry are those of the U.S. Department of Commerce. These definitions form the basic building blocks of this study: Visitor: A visitor is a person who either travels outside of his or her "usual environment" for a period of less than a year or who stays overnight in a hotel or motel. The person may travel for personal pleasure or on industry or government business. " Usual Environment: The usual environment is defined as the area within 50-100 miles of home, depending on available data sources. Tourism: The activities of visitors while traveling Tourism Commodities: Tourism commodities are the commodities typically purchased by visitors directly from producers. Tourism Employment: Alljobs that involve the production of tourism output Tourism Industries: Industries that include tourism commodities as a primary product are classified as tourism industries. Tourism Industry Total Output: a measure of the value of domestically produced goods and services for tourists and all supporting production. June 6, 2006 - 3 - CITY MANA GER 'S BRIEFING TOURISM ECONOMIC IMPACT ITEM # 55260 (Continued) Essentially this study encompasses the "United States Department Tourism Satellite Account" technique directly applied to Virginia Beach. One image useful to comprehending the total economic impact of visitor spending, the source of which originates from outside of an area, is to think of the way energy is released from a tidal wave. The wave may hit a breakwater that absorbs some of its momentum but it will continue on to wash over the beach hinterland until all of its energy is spent. Likewise, dollars spent by visitors to Virginia Beach flow through the City's economy creating taxes, spending, earnings and jobs. Though the initial energy of the spending is absorbed by taxes at the point of sale, as well as by those industries that have direct contact with visitors, the effect of the spending flow continues through the City's economy. Some of the goods and services are "imported" from suppliers located outside of Virginia Beach so that the economic energy of visitor spending leaks away and is incrementally dissipated. However, some suppliers to the industries that have direct contact with visitors are located in Virginia Beach. Output, earnings and jobs are created in Virginia Beach within these "indirect" industries that meet the factor demands of the industries with director visitor contact. The final burst of economic energy created by the flow of visitor spending is expended by subsequent purchases from Virginia Beach industries whose source is spending "induced" by the household earnings created in the direct and indirect industries. Visitors to Virginia Beach spent an estimated $828-MILLION in 2005. Based on the simulating effect of this spending, we estimate the local economic impact of visitor spending, the sum of the direct, indirect and induced effects described above, is roughly $1.3-BILLION of output form Virginia Beach industries, 14,700 jobs and $350-MILLION in earnings in Virginia Beach in 2005. 2005 visitor spending was responsible for generating more than 10,600 jobs and $70.5-MILLION in taxes and fees paid to Virginia Beach from those industries having direct contact with visitors. To help attract both new and repeat visitors as well as to provide additional services to residents, the City spent an estimated $560.9-MILLION in tourist related expenditures in 2005. Net revenue was $9.6-MILLION, resulting in a net return on expenditures of 15.8% to the City of Virginia Beach. Continental Research performs visitor spending surveys. 1900 boardwalk interviews were conducted in 2005. Sandbridge and Campgrounds in the North end are surveyed every other year. A household survey of friends and families is surveyed by Continental Research. Continental is searching for overnight visitors staying in Virginia Beach and other Hampton Roads cities (who visit Virginia Beach). Another important portion of the data encompasses the United States Bureau of Census (American Community survey of households). City data encompasses Oceanfront and Sandbridge hotel room nights. Professors Yochum and Agarwal write a quarterly article utilizing this data to check out the veracity of the Smith Travel Resource, a gold standard in the industry. Direct Effect of Visitor Spending on Output; Employment and Earnings in Virginia Beach's Private Sector Industries that have Direct Contact with Visitors Output Earnings Employment $ 758. 1-MILLION $205.9-MILLION 10, 672 jobs Indirect Effect of Visitor Spending on Output, Earnings and Employment in Virginia Beach's Private Sector Industries that provide goods and services to Virginia Beach businesses that have Direct Contact with Visitors Output Earnings Employment $260.6-MILLION $ 57.6-MILLION 1,409 jobs - 4- CITY MANA GER 'S BRIEFING TOURISM ECONOMIC IMPACT ITEM # 55260 (Continued) Induced Effect of Visitor Spending on Private Sector Output, Earnings and Employment in Virginia Beach. Induced effects result from the increase in Virginia Beach household income created by the Direct and Indirect Effects of Visitor Spending Output Earnings Employment $279.7-MILLION $ 65.5-MILLION 2,123 jobs Total Private Sector Effect of Visitor Spending on Output, Employment and Earnings in Virginia Beach in 2005 Output Earnings Employment $1,298.4-MILLION $ 329.0-MILLION 14,204 jobs Total Tourism Economic impact in 2005 Output Earnings Employment $1,344.6-MILLION $ 352.7-MILLION 14,723 jobs Each $1-MILLION of additional visitor spending in Virginia Beach creates an estimated: Seventeen (17) new jobs in Virginia Beach $397,000 in additional earnings for Virginia Beach employees and business owners $1. 57-MILLION in additional output in industries located in Virginia Beach Relative the estimated rate of return from the City of Virginia Beach 2005 Tourism Expenditures: $9.6- MILLION Net Direct City Return (taxes and fees) divided by $60.9-MILLION in Direct City Expenditures equals 15.8%. The 2005 Overnight Visitors in Virginia Beach totaled 2. 68-MILLION Mr. Ricketts referenced the Tourism Highlights Summer Canadian visitation was very strong 9.3% as compared to 4.2% in 2002 Consistent, aggressive marketing Appreciation of Canadian dollar Economic growth in Ontario/Quebec Internet usage continues to increase 80% used Internet to obtain vacation information about Virginia Beach compared to 65.2% in 2000. 39.3% used Internet to purchase some travel service from Virginia Beach businesses compared to just 12.5% in 2000 June 6, 2006 - 5 - C IT Y MANA G E R 'S B R IE FIN G TOURISM ECONOMIC IMPACT ITEM # 55260 (Continued) Visitor inquiries - Calendar Year 2005 Total Inquiries Web Sites 2,252,027 2,067,043 Increased 60. 79% Increased 71.56% Among the 2. 68-MILLION overnight visitors to Virginia Beach, 63% of visitation, 64% of room nights booked and 55% of spending occurred between September and May. 2006 is off to a good start: Total inquiries up 14%*According to Smith Travel Research (January thru April) ** Occupancy up 4.9% Average Daily Rate up 5.6% Revenue per available room up 10.8% Room demand up 7.3% Room revenue up 13.2% * Virginia Beach Weekly Inquiry Repot - through May 2006 **Smith Travel Research -April 2006 Virginia Beach Convention Center Virginia Beach Convention Center (VBCC) is a state-of the-art Convention Center that offers sought after amenities to its users VBCC is a shared resource used by citizens and visitors alike VBCC contributes to City Council's objective to evolve Virginia Beach into a quality year round destination. 86% of meetings and conventions take place between September and May In calendar year 2006, thirty-eight (38) conventions and meetings have been booked in the new Convention Center resulting in 135,505 room nights and $47.9-MILLION in economic impact 116 Conventions and Meetings have been booked from July 2005 - 2012 Total Room Nights booked for conventions 476,429 Total Estimated Economic Impact of$175.1-MILLION June 6, 2006 - 6 - CITY MANA GER 'S BRIEFING TOURISM ECONOMIC IMPACT ITEM # 55260 (Continued) Convention Bookings Highlights Assemblies of God Spanish Eastern District Conferencefor April 2007 with 1400 room nights Student Life Youth Ministries for July 2007 and 2008 with 2850 room nights American Bus Associationfor February 2008 with 3,000 room nights National Association of Workforce Development for May 2008 with 2,360 room nights USA Track and Field Annual Conventionfor December 2010 with 3,000 room nights Ruritan National Convention for January 2010 with 2,000 room nights Convention Sales/Sports Marketing St. Patrick's Day Weekend was strong: Registrationfor the Shamrock SportsFest doubled Many Virginia Beach hotels hosted players and fans for the first round of the NCAA Women's Championship (which was held in Norfolk) Book Williams Basketball Tournament the same weekend Soccer tournaments are planned for most weekends this Spring and Summer Redskins Beach Blitz AA U Junior Olympic Games this Summer Rock 'n' Roll Ha!f Marathon on pace to sell out again The "Live the Life" brand promise will create more off season opportunities for promoting soft adventure activities such as birding, hiking, biking and kayaking through increased support from private sector outfitters offering these experiences. These opportunities continue to strengthen the Virginia Beach position as a 'year round destination. The two major concerns and possible impacts are traffic congestion and gasoline prices June 6, 2006 - 7 - CITY MANA GER 'S BRIEFING SWIMMING ADVISORIES Update 4:00 P.M. ITEM # 55261 Charles Meyer, Chief Operating Officer, advised one of Virginia Beach's most recognizable characteristics is, of course, its beaches. It is important to keep the ocean as clean as possible during this season's swim season. The Clean Water Act is a national issue (2000 Federal Mandate). Since 1976, the City tests the waters monthly. Since 2001, (from May through September), twenty-four (24) sites have been tested weekly. A map depicting the Water Monitoring Stations was distributed. Starting in 2004, the City commenced testing for Enterococcus, which is a more stringent indicator of bacteria than fecal coli form. Entrococcus is a bacterium that is often found in the feces of human beings as well as many animals. Those in contact with this bacteria are at a greater risk of developing: skin rashes, eye infections, gastrointestinal illnesses, respiratory infections, urinary tract infections and other diseases. More than 104 parts per 100 milliliters of water triggers a swimming advisory. Last August, the City had one day in which there were two (2) readings above 104 standard, 110 at 45th Street and 150 at 63rd Street. This occurred after a significant rain event. The same type of condition occurred on May 15,2006, 150 at 63rd Street. On May 22,2006, there was a reading of 137 at 78th Street. No significant rain event had occurred. The Virginia Beach Department of Public Health monitors pollution. After all samples have been collected, they are then transported by the State employees to the City of Virginia Beach Public Works lab where they are tested for the bacteria. If lab results show a significant amount of bacteria that exceeds health standards of Entercocci, action then will be taken to notifY the public of the contaminated site. In Virginia Beach, alerts would be made through television stations, signs are posted, advisories are publicized in the newspaper and the beach owner is notified of the conditions. Contamination takes place, when: Wildlife, domestic pets and human wast~ within the ocean waters Storm and Agricultural runoff Boat discharges Breaks in wastewater pipes Sewer overflows (Sanitary/CombinedO Storm runoff from heavy rain and wildlife waste are the most common cause of pollution because they are natural causes that end up in natural waters such as the beach areas. Both of the storm water outfalls on 64s1 and 7<Jh empty out on the beach. June 6, 2006 - 8 - C IT Y MANA G E R 'S B R IE FIN G SWIMMING ADVISORIES Update ITEM # 55261 What the City is doing about the contamination Short Term Public Works, Public Utilities, Hampton Roads Sanitation District working Together Stepped-up inspections Smoke testing Developing monitoring program for storm water system Public Information Television, raid ads flyers, workshops (Lynnhaven 2007) Schools, civic leagues Fats, Oils and Grease (FOG) program Long Term New 6lh Street outfall (3-5 years) 79th Street outfall (3-5 years) Anti-microbial fabric Expanded public information Key message: protecting the quality .of our water protects us all Proactive speakers bureau Media meetings VBGov. com section Skip Scanlon, Director of Environmental Health, Virginia Beach Department of Public Health, advised water samples are pulled at Fort Story. The Navy tests waters at Dam Neck, which are also undergoing rigorous examinations. The City is partnering with the Military also in exploring the interconnecting of our systems. June 6, 2006 - 9 - CITY COUNCIL LIAISON REPORTS 4:24 P.M. ITEM # 55262 Council Members Diezel and Maddox, Liaisons to the Towing Advisory Board, distributed revisions to the Ordinances: Resolution to REFER to the Virginia Beach Towing Advisory Board Ordinances re nonconsensual tows from private property and Police Department Wrecker List criteria revisions. Associate City Attorney Rod Ingram outlined the revisions: The new language in the "written authorization" ordinance appears on lines 22-26 (new subsections (b) and (c). "(b) Written authorization shall not be required if the owner or operator of the private property is a business and the business is closed at the tim eof the tow. " (c) This section shall not apply to the residential parking lots, decks, garages, or spaces. " The new language in the Police Wrecker List Criteria appears in italics, at the bottom of page 3. "G. In addition to cash pavment of fees, the acceptance of at least one of two commonlv used, nationallv recoJ!nized credit cards is mandated bv the Citv for all tows from public propertv (acceptance of credit card pavment for drop fees is not mandated but is within the discretion of the tow truck service provider). Customers must be J!iven reasonable notice of which ma;or credit card is acceptable as pavment. This notice is to be offered via telephone when a customer calls about retrievinJ! a vehicle and must be posted on the office sif[fla~e. If cash is offered for pavment, the wrecker service will provide chanJ!e for customers who do not have the exact fee amount due. " ITEM # 55263 Council Lady Wilson referenced the Resolution re worliforce housing adopted by City Council on September 27,2005: Resolution DIRECTING the Planning Commission to study and propose amendments to the City ~ ''development'' ordinances re production of workforce and affordable housing. Due to the numerous issues with the Base Realignment and Closure Commission (BRA C), the Planning Commission could not work on these issues. Commissioners Joseph Strange and Ronald Ripley have now been assigned to Chair a Task Force re the issues of workforce and affordable housing. This Task Force held their first meeting on Monday, June 5, 2006. Deputy City Attorney will request Minutes be provided to City Council. June 6, 2006 - 10- CITY COUNCIL COMMENTS 4:35 P.M. ITEM # 55264 Councilman Diezel expressed concerns of a disabled husband and wife re evacuation. Has there been any attempt to identify the individuals and provide transportation for them and their pets. The City Manager advised a list is being compiled and Emergency Management is working in conjunction with the CERT volunteers (who identify these individuals in their neighborhoods). The City Manager will respond. Council Lady McClanan advised, under emergency conditions, care of pets is a major concern of the Society for Prevention of Cruelty to Animals (SPCA). . ITEM # 55265 Council Lady McClanan referenced the correspondence of Al Ablowich related to the defeat of the Referendum concerning the creation of a Redevelopment and Housing Authority. Mr. Ablowich is requesting the Comprehensive Plan be revised to remove the language to pursue a Redevelopment Housing Authority. Council Lady McClanan requested the City Attorney research and provide information concerning revision of the Comprehensive Plan. Deputy City Attorney Macali is reviewing and can brief City Council re the procedure. City Council should refer the proposed Amendments to the Comprehensive Plan to the Planning Commission, to be advertised in the newspaper "once per week, for two successive weeks". The Planning Commission could not hear in June, as their next meting in June 14, 2006, and this is not sufficient time for advertising. The Planning Commission could consider the revision in July, which would then be forwarded back to City Council with their recommendation. Mr. Ablowich's proposed amendments go beyond "crossing out" references": to a Redevelopment and Housing Authority. Generally, the City Attorney's office drafts an exact amendment to refer to the Planning Commission. City Council has not provided direction. Council Lady McClanan believes there is anticipation from the public and would like this item scheduled. The City Attorney advised "broad language" could be utilized in a Resolution to be referred to the Planning Commission with copies of Mr. Ablowich's letter. This Resolution could be scheduled for the City Council Session of June 13, 2006. BY CONSENSUS, a presentation shall be scheduled for June 13, 2006, in order for City Council to discuss proposed language and the Resolution concerning the amendment to the Comprehensive Plan would then be scheduled for a future date. June 6, 2006 - 11 - AGENDA RE VIE W SESSION 4:43 P.M. ITEM # 55266 BY CONSENSUS, these items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. S'\18-65 re bail bondsmen b. &'18-49 re alcoholic beverages c. &'18-50 re mixed beverages 2. Ordinance to A UTHORIZE 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 DISSOL VE 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 LYl..~\'li:A VE.V DISTRICT 4 - BAYSIDE 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. Item 5 ADOPT, AS REVISED, BY CONSENT June 6, 2006 - 12 - ITEM # 55267 Vice Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Town Center LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Acquisition and Disposition of Property: Beach District Centerville District Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (4:55 P.M.). Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf (Closed Session: 4:55 P.M. - 5:50 P.M.) (Dinner: 5:50 P.M. - 6:10 P.M.) June 6, 2006 - 13 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 6, 2006 6:15 P.M. Vice Mayor Jones presided and called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 6, 2006, at 6: 15 P.M Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Attending u.s. Conference of Mayors' 74th Annual Meeting] INVOCATION' Vice Mayor Louis R. Jones The Minister being absent doe to an emergency, Vice Mayor Jones remembered in his prayers Peter M. Cassin, a faithful long time City Employee of City/Schools Printing, and his family. Peter passed away on Monday, June 5, 2006. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation,' the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and o.fwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. June 6, 2006 - 14- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55268 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREA~ The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55267, Page 12, and in accordance with the provisions of The Virginia Freedom of Information Ac~ and, WHEREA~ Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NO~ THEREFORE, BE IT RESOL VEl>. 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. ~44 uth Hodges Smith, MMC City Clerk June 6, 2006 - 15 - Item V-F.J. MINUTES ITEM #55269 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS of May 23, 2006. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf Councilman Wood ABSTAINED as he was not in attendance during the City Council Session of May 23, 2006, but was attending the Economic Development Conference (Shopping Centers) in Las Vegas] June 6, 2006 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 16 - ITEM #55270 AGENDA FOR THE FORMAL SESSION June 6, 2006 - 17 - Item V-G.2. RECOGNITION ITEM #55271 Vice Mayor Jones recognized the following Boy Scouts in attendance to fulfill requirements for their badges: Troop 378 Sponsored by Virginia Beach United Methodist Church Zachary Ryblt Troop 364 Sponsored by Bayside Presbyterian Church Tim Costello Joey Fowles Troop 419 Sponsored by Kings Grant Presbyterian Church Glenn Corillo Assistant Scout Master Chad Corillo Innan Wright . Zack Dickerson Ryan Parkinson James Lyon Michael Orr June 6, 2006 - 18 - Item V-H.1. MAYOR'S PRESENTATION PROCLAMATION FOR YEAR OF REGIONAL CITIZENSHIP ITEM #55272 Vice Mayor Jones introduced E. Dana Dickens, III, President and Chief Executive Officer - Hampton Roads Partnership. Mr. Dickens advised the Partnership is comprised of ninety (90) members. The Mayors, Chairs of the Board of Supervisors for all seventeen (17) localities in Hampton Roads, Presidents of institutions of higher learning, the Military Liaisons and a strong contingency of the Chief Executive Officers of the largest businesses in Hampton Roads comprise the Hampton Roads Partnership. The mission is to make Hampton Roads more competitive in the global marketplace. At Cape Henry, April 26, 2006 - April 26, 2007 was recognized as the Year of Regional Citizenship. Seventeen Mayors and Chairs of the Boards of Supervisors signed this Proclamation. E. Dana Dickens, III, read and presented the Proclamation to Vice Mayor Jones. "We the elected leaders of the Cities, Counties and Towns comprising Hampton Roads, Virginia, declare April 26, 2006 - April 26, 2007 to be the Year of Regional Citizenship. During this period, which marks the twelve months preceding the 400th anniversary of the historic landing of the English settlers on the shores off Virginia, we call upon local governments, organizations of all kinds and individual citizens to reflect on our shared history, acknowledge our social and economic interdependence and commit to seek and pursue opportunities for partnerships and alliances. Further, we encourage all residents to celebrate the diversity of our population and variety of our attractions, in order to enhance the commercial vitality and quality of life in this exception community for many years to come. " Signed by the City and Town Mayors, County Board Chairs of their Designated Representatives on April 26, 2006, at Cape Henry on the grounds of Fort Story, Virginia" Mr. Dickens requested two City Council members volunteer to meet to discuss opportunities Vice Mayor Jones advised the Proclamation will be displayed prestigiously. Virginia Beach is proud to participate in the Hampton Roads Partnership. June 6, 2006 - 19- Item v.J. ORDINANCES/RESOLUTIONS ITEM # 55273 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1,2, 3, 4, 5 (AS REVISED) and 6 of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 - 20- Item V.J.l albic. ORDINANCES/RESOLUTION ITEM # 55274 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND the City Code: a. 8'18-65 re bail bondsmen b. 818-49 re alcoholic beverages c. !)\18-50 re mixed beverages Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 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 Bail Bondsmen. 11 (a) The license tax rate for every peroon 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 principal 20 or surety, or otherwise pledges real property, cash or 21 certificates of deposit issued by a federally insured 22 insti tution, or any combination thereof as security for a bond 23 as defined in section 19.2-119 of the Code of Virginia that has 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. The ',:ord "peroon", .:10 uoed in thio oection, 27 oh~ll inolude ~ny profeooion~l bondom~n or hiD ~gont or ~ny 28 ~gent or ~ttornoy in f~et of gu~r~nteo, indemnity, fidelity ~nd 29 oeeurity eomp~nioo, doing buoineoo in the otJte undor the 30 proTJioiono of oeetiono 38.22400 to 38.22120 of the Codo of 31 Virgini~, \.'ho entero into bondo for b~il, ~ppo~rJneeo, oooto or 32 Jppo~lo. 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 ~nd, on con~ietion thoreof, ohJll be fined not 1000 th~n ~50.00 37 nor more th~n ~500.00 for eJoh offenoo. 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 revenue a certific~te Property Bail Bondsman 41 license from the Department of Criminal Justice Services. judge 42 of the cireui t court ~pproving the ioou~nco of the licenoe ~nd 43 eertifying th~t the poroon oooking ouch licenoe io of good ffiorJl 44 ehJrJcter, thJt hiD pJDt conduct before the courtD of thio city 45 hJO not boon unoJtiofJetory ~nd thJt he io DuitJblo to be 46 liconoed. 47 (e) E~ory peroon lioonood under thio oection oh~ll bo 48 oubj eet to Jnd go~orned by ~ny reJoonJble ruleD of conduct or 49 proeodure Dot up by tho judge or judgeD of the oourt in '.Jhioh he 50 io .:tcting .:to .:t bondom.:tn .:tnd oh.:tll bc furthcr oubj oot to the 51 provioiono of oection 58.1 3721 of tho Codo of Virgini.:t. 52 (f) 'No peroon holding .:t licenoe, the t.:t)( for ',Jhioh io oct 53 out in thio ooction, other th.:tn .:tn .:tgent or .:tttorney in f.:tot of 54 .:tny gu.:tr.:tnteo, indemnity, fidelity or oocuri ty comp.:tny referred 55 to in ouboection (b) .:tbovo, oh.:tll enter into .:tny bond, if the 56 .:tggrog.:tte of the pon.:tltieo of .:tll bondo on ',;hioh he h.:to not been 57 relo.:tood from li.:tbility io in e)(cooo of tho true m.:trkot v.:tlue of 58 hie ro.:tl eot.:tte or oeourity .:to .:tpprovod by the oirouit court, or 59 if .:tn .:tgent or .:tttornoy in f.:tot of .:t gu.:tr.:tntee, indomnity, 60 fideli ty or oeouri ty oomp.:tny doing buoineoo in tho ot.:tte under 61 tho provioion of ooctiono 38.2 2100 to 38.2 2120 of tho Codo of 62 Virgini.:t, until ho oh.:tll h.:tve filed hio .:tuthori ty to .:tct .:to 63 .:tgent or .:tttornoy in f.:tct ',:i th tho circuit oourt of the city. 64 (g) Evory peroon lioonoed under thio oection oh.:tll file 65 ,,'i th tho clerk of the circuit court of thio city, not l.:tter th.:tn 66 the fifth d.:ty of e.:tch month, .:t liot of .:tll outot.:tnding bondo on 67 '.Jhioh ho ,;.:to oblig.:ttod .:to of the l.:tot d.:ty of tho preceding 68 month, togothor ,;i th tho .:tmount of tho pen.:tl ty of e.:tch ouoh 69 bond. 70 (~e) A license, the tax for which is set out In this 71 section, may be revoked at any time by the judge of the circuit 72 court 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 89 Adopted by the Council of the City of Virginia Beach, Virginia, on the 6th day of June , 2006. Approved As to Content: fJJc~g;L Commiss oner of the Revenue CA9734 H:\PA\GG\OrdRes\Proposed\18-65 R-5 May 26, 2006 Approved As To Legal Sufficiency: l' Q " IJj)'}{R C J(~/--,__ City Attorney's fflce Bondsmen ORD 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: 5 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. Alcoholic 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, $1,000.00 $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. ("7 ) For c.J.ch '..'holco.J.lc druggiot'o liccnoc, $10.00. (8 ) For c.J.ch b.J.nquct liccnoo, $5.00. 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (~7) For each retail on-premises wine and beer license for a hotel, restaurant, gift shop, gourmet shop, convenience grocery store or club; for each retail off-premises wine and beer license; and for each on and off-premises wine and beer license, $150.00. (~8)For each retail on-premises beer license for a hotel, restaurant or club; for each retail off-premises beer license; for each on- and off-premises beer license; and for each druggist license, $100.00. (11) For CJch fruit diotiller'o liccnoe, ~1,500.00. ~_For CJch hoopitJl liccnoc, ~10.00. (~9)For each bed & breakfast license, $40.00. (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 46 (c) No license shall be issued under this section to any person, unless such person shall hold or shall secure 47 simul taneously 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 bases for measuring such license taxes the same as if 62 63 beverage license tax levied under this ~nd n No alcoholic section shall be the alcoholic beverages were nonalcoholic. 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 this 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--Mixed 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 ~~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. (d) No local license tax shall be either charged or 104 105 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 6tl'd.ay of Junw , 2006. Approved As to Content: Approved As To Legal Sufficiency: Co CA9729 H:\PA\GG\OrdRes\Proposed\18-49 Alcoholic Beverages Ord R-5 May 26, 2006 - 21 - Item V. J. 2. ORDINANCES/RESOLUTIONS ITEM # 55275 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE and DIRECT the City Manager to execute a Memorandum of Agreement re Hampton Roads Regional Groundwater Mitigation Program Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 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, in 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 1n 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 6th day of June , 2006. 40 CA-9907 OID/ORDRES/groundwater MOUres.doc R-2 May 30, 2006 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j j, 0Wla,V !Jj;}lia~ 11. tf/(Ud j 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 Other: 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. - 22- Item V.J.3. ORDINANCES/RESOLUTIONS ITEM # 55276 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to A UTHORIZE and DIRECT the City Manager to implement the recommendations of the Shore Drive Safety Task Force. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 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 6th day of June , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Office CA-10042 OID\Land Use\Ordres\SDSTFRES.doc R-4/May 30, 2006 1 ( 2 3 4 5 6 7 8 9 10 11 12 13 ( 14 15 16 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- and 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"); 17 2. That the City Manager shall appoint as members of the 18 Task Task and leader from his Force office Force 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 2 3 representative from their respective organizations to serve as 24 members of the Task Force; 25 4. That the purpose of the Task Force shall be to serve 26 in an advisory capacity to City Counci 1 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 ( with respect to safety on Shore Drive. Specifically, the Task Force is charged with the following responsibilities: 48 49 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 City Manager the 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; b. To propose mid-term solutions to improve safety on Shore Dri ve . Such solutions shall be ones that can be implemented in 6 to 18 months. The Task Force shall communicate its recommendations to the shore Drive Advisory Committee and shall consider that committee's input in finalizing proposed mid-term solutions. The Task Force shall then its and findings present recommendations to the City Council and the City Manager; c. To propose long-term solutions to improve safety on Shore Drive. Such solutions 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 (,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 findings present 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 -zo--rR day of ~('vlV\F-B2 , 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 Force 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. Mter 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 to 180 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 LOR2 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 Loni.! term 23. Evaluate Inconsistent Edge Treatments Department: Public Works 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 Department: 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 Primary 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 Secondary 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, as well 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 WorkslParks and Recreation/Police/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. Planning!MCG/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 Fa112006 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 & RecreationlPolice/MCG/SDAC/SDCClOngoing 15 Section III - Comprehensive Plan Comurehensive 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 I-264 I Virginia Beach Boulevard corridor. As such, from a land use perspective, it needs to be considered as a multimodal corridor and not solely as a vehicular corridor. Increased densities of development 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 variety 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 Long 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 Developments - 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 Long 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 - 23 - Item v'J.4. ORDINANCES/RESOLUTIONS ITEM # 55277 Upon motion by Councilman Dyer. seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to DISSOL VE and RECONSTITUTE the Virginia Beach Towing Advisory Board. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 1 2 3 AN ORDINANCE DISSOLVING AND RECONSTITUTING THE CITY OF VIRGINIA 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 private 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 of towing and recovery 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 with 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 6th , 2006. June Virginia on the day of APPROVED AS TO LEGAL SUFFICIENCY: Z~d City Attorney's Office CA-9965 H:\PA\GG\OrdRes\Towing ORD R-6 June 1, 2006 - 24- Item v'J.5. ORDINANCES/RESOLUTIONS ITEM # 55278 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, AS REVISED: Resolution to REFER to the Virginia Beach Towing Advisory Board Ordinances re nonconsensual tows from private property and Police Department Wrecker List criteria revisions. The new language in the "written authorization" ordinance appears on lines 22-26 (new subsections (b) and (c). "(b) Written authorization shall not be required if the owner or operator of the private property is a business and the business is closed at the tim eof the tow. " (c) This section shall not apply to the residential parking lots, decks, garages, or spaces. " The new language in the Police Wrecker List Criteria appears in italics, at the bottom of page 3. "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 for all tows from public propertv (acceptance of credit card pavment for drop fees is not mandated but is within the discretion of the tow truck service provider). Customers must be given reasonable notice of which ma;or credit card is acceptable as pavment. This notice is to be offered via telephone when a customer calls about retrievinf! a vehicle and must be posted on the office sif!flaf!e. If cash is offered for pavment. the wrecker service will provide chanf!e for customers who do not have the exact fee amount due. " Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Pete.r W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 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 <t: day of June , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Office CA-10052 H:\PA\GG\OrdRes\Tow Bd Refer Ord R-2 June 1, 2006 --ALTERNATE VERSION-- REQUESTED BY COUNCILMEMBERS DIEZEL AND MADDOX 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRG INIA : 8 That Section 21-422,1 of the City Code ~s hereby added, to 9 read as follows: 10 Sec. 21-422.1 Written authorization required. 11 (a) No tow truck service or operator shall remove any 12 trespassing vehicle from private property without first obtaining, 13 at the time the vehicle is towed, specific written authorization of 14 the owner of the property from which the vehicle is towed, or the 15 owner's agen t . Such written authorization shall identify the 16 vehicle to be towed and shall be in addition to any written 17 contract between the tow truck service and the owner of the 18 property or his agent. For purposes of this subsection, "agent" 19 shall not include any person who either (i) is related by blood or 20 marriage to the tow truck service or operator or (ii) has a 21 financial interest in the tow truck service's business. 22 (b) Written authorization shall not be required if the owner 23 or operator of the private property is a business and the business 24 ~s closed at the time of the tow. 25 (c) This section shall not apply to the residential parking 26 lots, decks, garages, or spaces. 27 COMMENT 2 8 This amendment requires tow truck services to obtain specific written authorization of the 29 property owner or agent before towing a trespassing vehicle from the property. This written 3 0 authorization wiIJ identify the specific vehicle to be towed. This provision should curtail the practice of 31 "predatory cruising" by tow truck operators. Additionally, if the property owner's agent is related to the 32 tow truck servIce or operator or has a financial interest in the tow truck service's business, the agent is 33 not permitted to authorize towing from the property. 34 3 5 Subsection (b) provides that the written authorization is required only when the business that 36 owns or operates the parking lot or area is open. Subsection (c) exempts residential parking lots, decks, 3 7 garages, or spaces from the provisions of this section. 38 39 40 BE IT FURTHER ORDAINED that this ordinance shall become 41 effective on July 1, 2006. 42 43 COMMENT 44 A change to state law allows the City to enact Section 21-422.1, which requires written 45 authorization of the property owner or agent prior to a tow from private property. The state law, 46 however, does not go into effect until July 1, 2006. Accordingly, the addition of that section to the City 47 Code wiIJ be effective on July 1,2006. 48 49 50 Adopted by the City Council of the City of Virginia Beach, 51 Virginia, on this ____ day of , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ~~;f- City Attorney's Office CA-I0053 H:\PA\GG\OrdRes\Proposed\Tow Written Auth alt R-3 June 6, 2006 2 VIRGINIA BEACH POLICE DEPARTMENT WRECKER LIST CRITERIA Revised June 6, 2006 I. Statement of purpose: A. The Virginia Beach Police Department administers a wrecker list for the purpose of towing 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 administer 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 ofthe 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. n. 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 facilitylcompound 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 appropriate security fencing is required. L. Wrecker services must have sufficient lighting to illuminate their customer parking area and the fenced compound area. m. 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 privatefproperty, 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 ~T'\+~":t:1.AnoJl'1:7 A.Qla""l:7..fru'.:1: t.hQt. t:1:n"'1o-fnr ....CU:"L"'\..HO....'I:.7 or ...-.n..."....o-..:\....oso-n:t:1.n_n 'tho. t.'":Ct.on"'l:.'.or,:t. *';~o. .UU;\.,i.L.U.~\J.1..Lu:u:'J UV - ].J..LJ..6 un.... .....ll.1..1v.J..vJ. .1v,",v'VvJ.] VJ. J..l.U.Io3J.\.,,'1.JJ.v v.1.u,J.J.J.6 L.J..l.\..I J.\..I\,.Ivv\..>J.] \'llJ.Lv, that will be grounds for removal of that wrecker service from the police wrecker list. 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 ownerlcustodian (as defined in City Code 21-400) in a minimum amount oftime not to exceed two hours. However, in a case in which the vehicle was towed due to the arrest of the driver, the ownerlcustodian 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 driverlcustodian 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 E9ll Communications. There are exceptions for responses needed in rural areas or other extenuating circumstances. However, the importance of prompt response cannot be over-emphasized. 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 payment of fees, the acceptance of at least one of two commonly used, nationally recognized credit cards is mandated by the City for all tows from public Droperty (acceptance of credit card Dayment for droD fees is not mandated but is within the discretion of the tow truck service provider). Customers must be given reasonable notice of which major credit card is 3 acceptable as payment. This notice is to be offered via telephone when a customer calls about retrieving a vehicle and posted on the office signage. If cash is offered for payment. the wrecker service will provide 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 locatio-n and maintah~d there lli~til otherwise lawfully remov.ed. 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 4 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 services as authorized by Virginia State Code 46.2-301. lB. However, if release 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 ofthe 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 5 Police Department's Special Operations' Administrative Officer so inspection can be performed. H. Wrecker operators must possess a valid operator's license. Operators of wreckers in excess of 26,000 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 of their 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 of the tow. If a vehicle is gone upon arrival of the requested wrecker service, that wrecker service shall report that fact to E9l1 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 as to Content: Approved as to Legal Sufficiency: A. M. Jacocks, Jr., Chief of Police Kathy D. Rountree, Public Safety Attorney 6 - 25 - Item v'J. 6. ORDINANCESIRESOLUTIONS ITEM # 55279 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments by Curtis E. and Robyn M. Bailey into the City's right-ol-way at the rear of 4532 Black Cove Road on Lake Joyce re construction of a dock, piles, existing bulkhead and riprap. DISTRICT 5 -LYNNHAVEN The following conditions shall be required: I. The Temporary Encroachment shall 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. 2. The Temporary Encroachment herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the encroachment area by the applicant; and that the applicant will bear all costs and expenses of such removal. 3. The applicant 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. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of the Planning Department prior to commencing any construction within the encroachment area. 7. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant 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 applicant 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 applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. June 6, 2006 - 26- Item v'J. 6. ORDINANCES/RESOLUTIONS ITEM # 55279 (Continued) 8. The City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the applicant, and collect the cost in any manner provided by law for the collection of local or state taxes,' may require the applicant to remove the Temporary Encroachment; and pending such removal, the City may charge the applicant for the use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant,' 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. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 Requested by Department of Public Works AN ORDINANCE TO AUTHORI ZE 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 !H~ 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 City's property known as Lake Joyce as shown on the map entitled: Exhibit "A", "SITE 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 contained ill the Agreement between the City of Virginia Bea.ch 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 6th day of June , 2006. PREPARED: 4/21/06 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~EJ C,qawstIn NATURE ~~ DtPARTMENT lei a fi Uj~j{;yJ CITY A ORNEY CA-9869 X:IOIDIREAL ESTATEIEncroachmentslpw OrdinanceslcA9869 Bailey.doc 2 PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEMPTED 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 ofthe 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 all-risk property insurance and generalliability 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 oflocal 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 behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK) 4 CITY OF VIRGINIA BEACH By City Managerl Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk e8. f,~ Curtis E. Bailey ~ ~",., /' ~ ( '. . .vOL Robyn . Ball~y U 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 Y\i1W,4 & C CITY/COU~JTY OF r< e.Jlt , to-wit: The foregoing instrument was acknowledged before me this -L day of k~')f1tf\':1-' 2006, by Curtis E. Bailey. ~ ~" ,/~ ii)' <' . r1u~ , I I? / / Notary Public My Commission Expires: oIJ ;l; ;leol !/ STATE OF vjmi t1;Y\ n CITY/COUNTY 6F ;\briol k , to-wit: The foregoing instrument was acknowledged before me this !J,fllA r;}- t day of ..2006, by Robyn M. Bailey. :2' " . ;4;.'1 / // l/ ,. ./ //- . _~#! &z,{ // / Notary Public 1/ t/ My Commission Expires: .id fl;' /U::i;l 6 APPROVED AS TO CONTENTS ~I>>\t( C. O?aws It-... ~~~URE Pro teal €sMt DEPARTMENT ~.)) APPROVED AS TO LEGAL SUFFICIENCY AND FORM : iii fLt7!} tiL11,tftZ],rJ G:\USERS\SHARED\WP80\RE\Real Estate Forms\WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 7 ft..cw --z.., 1! tM I>t ... --- .~ ~"'neo.d ! PT TO tt DIST 1 2 6' 2 3 33' 3 4 15' ~t' .. 5 14' Ot..Jr.Jlt'l 5 6 " (f) A 1 87.Sg A 2 93.5' A 3 183' A 4 111' {t A 5 126' ;, A , B 121' ra . ~ -- J"::.4jO' -'. J. 'Z.. t.. S70~ '7 f1fL I~ 4 FttAr-, € d' "10$:1'2 R10f o~ (b. '0- .a. ~ . (. J , '. ATUM: NORMAL WATER ~ ., (20110 crLlt'i'- Covt Exbibit gA~' .. SITE PLAN PUlU'OSX: NEW BUI..KIIE.AD AND DOCK ACENT PROPERTY OWNERS: 1. j ( K~ I ~ ~ ll'l 0 r {A . r?:f{.Cfi I ~ I #'\ () J\ n~ ClJ'R'rn; BAILEY 4532 BLACK COVE ROAD vm.GINlA BEACH, VA IN: LAKE JOYCE I AT: BLACK COVE POINt ~DpUCANT: CURTIS ~ I I - ---- -~ ------------------- -------------------------------- ------ \J SCALE: 1" = 400' BAllEY.DGN M,J.S. PREPARED BY PM' ENG. CADD DEPT. JAN. 4,2006 - 27 - Item v'J. 7. ORDINANCES/RESOLUTIONS ITEM # 55280 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to APPROPRIATE $7,441 from the Norfolk Foundation to the Library Department's FY 2005-06 Operating Budget re access to online databases. Voting: 10-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf June 6, 2006 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 ln 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 6th day of June , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ Management Jm.y (0.;( ~_ City Attorney's fice CAI0035 X:\PA\GG\OrdRes\Norfolk R-3 May 25, 2006 Foundation Grant ORD A#ri.: ~M.r ~h~ I GRANT AGREEMENT The granf to your organization from The Norfolk Foundation isforlheexp!idt purposes{sldescribed below ond is subject to your acceptance of the following cond1t1ons. To acknowledge .this clgreement and to accept the grant PLEASE SIGN ANDRETURNTHEORIG1NALAGREEMENT TO THE NORfOLK FOUNDATION. Grant No, 20040005 AmountofGront:$27.S40.()O . I I i I 1 I .; ~ ~ ~ r Grantee: Virginfo BeochPubnc Ubrary Program or Project Title; roprovfd~ access to the FoundotionDiredoIyOnUne and Gt<:u'ltSelect databases GIant Period Begffls: 04/0112004 Ends: 03j3l/2007 ." ..~ i P.oyment. Schedule: Threecmnua[ installments of $9,180 paid in March of 2004,.2005 and 2006 ;: ~~ :: : :1 LO~ SpecialConditiolls offhe Grant: Regiondl access mustbemalntafned Interim . Report. Due: 03/31/2005 ond03/3l/2006 03/3112007 "'1 I ! i ! ...~~ final Report Due: Spedal.Provlsions: None All grontsar~mddejnaCcordancewithciJrrenfdnd appHcablefow5 ond pursuant to the internalRevenue Code. asamended,ond th€!r~gv!qtionsissuedhereunder. Pledse read the-follQwing carefully: t AnnoonclngGronts The grantee agency is strongly enCQvraged to make-public announcements about the project, The grantee is requested to acknowledge The Norfolk Foundation as grantmaker in oJ! media communications, pubHc announcernents or prin-led moterials concemk}9 the project. , l . ..2- CopIes of 5.uchcornrnul"lk;qtions qnd announcernents., and of published referencesf'Othegrontshovld. be sent to The ~torfo!k foundation for its records, I lnoddition, grants approved by The Norfolk foundation's Board of DirectQrs are rePQrtedto the community through The Norfolk FoundcWon's newsleiter.anm;ol report and periodic listing of grants. The Norfolk Foundation also issues press releases describing rndlvidual pfojecls or programs. H. E"penditureofFunos This grant fs fo be used only for the purpose desCribedoboveandin accordance with theapprbved budget. The progromissubjecttomodificdtion only with The.Norfolk. Foundation's .prior written approYal. A. Tt1egrohteesholl retum to The Norfolk Foundafloocmy uhexpendedfunds and any unpoldgront funds will be rescinded: 1) At the end of the grant perlod,Qf 2) if The Norfolk Foundation determlnesthotthegrontee has not performed in. accordance with this agreemenlcnd.approved program/budget ,or B. No funds provided by The Norfolk Fo un ddtion maybe used for any pofitical Cdmpdign,or to support attempts to influence legislation by any governmentol body,oiherthan through rnakingavailoble the results ofnonportisan . analysis, study and' research. C. UnlessspedficoUYQvthorized by The. Norfolk Foundation, expenses charged qgainstthisgront may not be incurred prier to the effective dote at fhegront or subsequent tofheterrninafjon date ond may be incurred only os necessary to corry out. the purposes and. octiVitiesof the approved program. D. The grantee organization is responsible forthe.expenditure of funds and for maintaining adequate supporting records consistent with generalry accepted accounting . practices. ~:" ~3- m.Reportsto The Norfolk Foundation Groniee organizations are expected to report to The Norfol.kFoundatiQrlonfhe progress of their program or proJect accordin.g toJhe schedule described in thisgrcmt agreement. I .~ ~ Thefina!report must summarize theachievements.of'ond.lessons learned from the projectand provfdeo financial accounfIng for the expenditure of grant funds. Reports wi!! bacensidered Iate if received after the daies specified on page one of the Agreement, The timeliness and quality of both the narratfveondflnoncia! sections Of progress reports will be factors in evaluating the grantee farft/fure funding. IV. Umit of Commitment Unless otherwise stipulated in writing, this.granl is made with fhevndersfonding that The Norfolk Foundation has no obligation to provide other or ctdditioflolsupport to thegrcmtee. The Norfolk Foundation: Grantee: f ...~ .:ri..... (4.-_:'!:.:_/,1 %~.. ... (:jte James K. Spore.CitY!>hlnar,;er Print Name and Title .:~.~4 \01 ~o4",~~ Date G:\Qrcthl ,4,dmil1\fcrrn\GRf,NT AGREeMENT.doc - 28 - PUBLIC COMMENTS Non Agenda Items Mick Grady, 320 1 (/h Street, Phone: 450-9902, Manager - Parking Lot at 16th and Pacific Avenue, Three (3) policemen were waiting in ambush three Sunday's ago, in the back of the parking lot for the occupants of a car containing a handgun. One of the Police Officers had an Assault Rifle. Mr. Grady expressed concern relative the open display of handguns in his parking area. There were three (3) shootings in his other parking lot (one block to the west of 1 th Street). Mr. Grady requested additional police presence. The most dangerous times are from 1 :30 A.M. to 2: 15 A.M. The City Manager shall confer with Chief Jacocks and provide information Kenneth Pravetz, 4305 Shrew Trail, Phone: 416-1120, President - Virginia Beach Firefighters, represented the Virginia Beach Professional Firefighters and spoke relative the August "Fill The Boott" Campaign. Since 2000, the Virginia Beach Professional Firefighters have raised more than $170,000 for Muscular Dystrophy Association (MDA). Ashley Basford, representing Muscular Dystrophy Association (MDA), advised Virginia Beach is No.3 nationally in the amount of funding raised for "Fill The Boot". 900 families are served locally. June 6, 2006 - 29- ITEM # 55281 Vice Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Town Center Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (6:47 P.M.). Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt VERBAL VOTE (Closed Session: 6:47 P.M. - 7:41 P.M.) June 6, 2006 - 30- ITEM # 55282 Vice Mayor Louis R. Jones RECONVENED the FORMAL SESSION in the Council Conference Room, City Hall, on Tuesday, June 6, 2006, at 7:41 P.M. CERTIFICATION OF CLOSED SESSION Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were 'identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt June 6, 2006 RESOLU'YION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS, The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55281, Page 29, and in accordance with the provisions of The Virginia Freedom of Information Ac~ and, WHEREAS, Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOLVED That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~~ uth Hodge Smith, MMC City Clerk June 6, 2006 Item V-K.1. - 31 - APPOINTMENTS ITEM # 55283 BY CONSENSUS, City Council RESCHEDULED: ARTS AND HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE GREEN RIBBON COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA OCEAN A LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS June 6, 2006 - 32 - Item V-K.2.. APPOINTMENTS ITEM # 55284 Upon NOMINATION by Councilman Dyer, City Council: REAPPOINTED: Mayor Meyera E. Oberndorf Vice Mayor Louis R. Jones Councilman Harry E. Diezel APPOINTED: Councilman-elect John E. Uhrin 2 years 07/01/2006 - 06/30/2008 Council Lady-Elect Barbara M. Henley Unexpired thru 06/30/2007 Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter w: Schmidt June 6, 2006 - 33 - Item V-K.3. APPOINTMENTS ITEM # 55285 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: Robert M. Dyer - City Council Ron A. Villanueva - City Council Rita Sweet Bellitto - Virginia Beach City Schools Delegate John Welch Bill Brown - Member of Minority Business Council Patricia Phillips - Director of Finance or Designee Chris Savvides, Hu Odom, Mike Standing - Restaurant Association Mike Kreider - Hotel/Motel Association Sanford Cohen - Central Business District Stephen Romine - Chamber of Commerce No term MEAL TAX TASK FORCE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt June 6, 2006 - 34- Item V-K.4. APPOINTMENTS ITEM # 55286 Upon NOMINATION by Councilman Dyer, City Council APPOINTED: Louisa M. Strayhorn - Liaison to the Governor No term REAPPOINTED: William R. Brown Daniel Pearsall 2 years 06/01/2006 - 05/31/2008 MINORITY BUSINESS COUNCIL Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W. Schmidt June 6, 2006 - 35 - Item V-K.5. APPOINTMENTS ITEM # 55287 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: Richard A. Maddox Unexpired thru 12/31/2007 RESORT ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt June 6, 2006 - 36 - Item V-K.6. APPOINTMENTS ITEM # 55288 Upon NOMINA TION by Council Lady Wilson, City Council APPOINTED: Susan Parker 4 years 07/01/2006 - 06/30/2010 SOCIAL SERVICES BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt June 6, 2006 - 37 - Item V-K. 7. APPOINTMENTS ITEM # 55289 Upon NOMINATION by Councilman Dyer, City Council APPOINTED: Bruce Meyer 4 years 07/01/2006 - 06/30/2010 TIDEWATER COMMUNITY COLLEGE BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt June 6, 2006 Item V-K.8. APPOINTMENTS - 38 - ITEM # 55290 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: George B. Chafee, Jr. 4 years 07/01/2006 - 06/30/2010 TIDEWATER REGIONAL GROUP HOME COMMISSION Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt June 6, 2006 - 39 - Item V-K.9. APPOINTMENTS ITEM # 55291 Upon NOMINATION by Councilman Villanueva, City Council APPOINTED: Ernest Cooper - Towing Industry Louis Ochave - Citizen Police Chief or Designee 3 years 06/01/2006 - 05/31/2009 TOWING ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt June 6, 2006 - 39 - Item V-K.9. APPOINTMENTS ITEM # 55291 Upon NOMINATION by Councilman Villanueva, City Council APPOINTED: Ernest Cooper - Towing Industry 3 years 06/01/2006 - 05/31/2009 Louis Ochave - Citizen 2 years 06/01/2006 - 05/31/2008 Police Chief or Designee 1 year 06/01/2006-05/31/2007 TOWING ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W. Schmidt June 6, 2006 -40 - Item V-K.10. APPOINTMENTS ITEM#55292 Upon NOMINATION by Council Lady Wilson, City Council REAPPOINTED: Councilman James L. Wood APPOINTED: Councilman-Elect John E. Uhrin 2 years 07/01/2006—06/30/2008 TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS— TTDC Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R.Jones, Reba S. McClanan, Richard A. Maddox,Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and Peter W Schmidt June 6, 2006 -41 - Item V-N. ADJOURNMENT ITEM#55293 Vice Mayor Louis R.Jones DECLARED the City Council Meeting ADJOURNED at 7:45 P.M. Beverlooks, CMC Chief Deputy City Clerk uth Hodges Smith, MMC Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia June 6, 2006