HomeMy WebLinkAboutJUNE 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
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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;
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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
"
, .
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with respect to safety on Shore Drive.
Specifically, the Task
Force is charged with the following responsibilities:
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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
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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
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2 3 33'
3 4 15'
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A 4 111'
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SITE PLAN
PUlU'OSX: NEW BUI..KIIE.AD AND
DOCK
ACENT PROPERTY OWNERS:
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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