Minutes 09/12/2006 - Laserfiche WebLink

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September 12. 2006 WHEREAS, the Commonwealth of Virginia in the interest of highway safety has provided by law programs for probation, education, and rehabilitation of persons charged with driving motor vehicles under the influence of alcoholic beverages and other self-administered drugs, such programs being collectively known as Virginia Alcohol Safety Action Program or VASAP; and WHEREAS, since 1975, one of those programs, known as Southeastern Alcohol Safety Action Program, has been serving the cities of Portsmouth, Chesapeake, Suffolk and Franklin; the Town of Smithfield; and the counties of Southampton and Isle of Wight providing probation, education, and rehabilitation of persons charged in violation of Virginia Code Section 18:2-266 and other services approved by the Commission on VASAP; and WHEREAS, Sections18.2-271.1 and 18.2-271.2 of the Code of Virginia establish a Commission on VASAP; said Commission to establish procedures for the operation of local ASAP programs; and on April 3, 1987; said Commission issued directives that all local ASAP programs would establish and implement an independent Policy Board, representative of localities served, to operate the program; NOW, THEREFORE, BE IT RESOLVED that, pursuant to Sections 15.2-1300 and 18.2-271.1 of the Code of Virginia, the City of Portsmouth hereby reaffirms its position as a participating locality in the Southeastern Alcohol Safety Action Program, endorses the establishment of an independent Policy Board, and agrees to the following: 1. The Board may consist of up to fifteen (15) members. One person shall be appointed by the governing body of each participating jurisdiction for a term of three (3) years; 2. Other members of the Board shall be selected by majority vote of the appointed members to serve terms of two (2) year each and shall include persons representing education, police, courts and citizens; 3. The Program shall be operated by the Board in compliance with the VASAP Commission Policies and Procedures and in conjunction with requirements of the local administrative and fiscal agency; 4. Each fiscal year, the Program Director shall prepare a budget and submit it for approval to the Board and the Commission on VASAP. The VASAP Commission shall be responsible for funding any deficit occurring in the operation of the Southeastern ASAP Program; 5. This agreement shall remain in effect continuously from year to year until termination either by the Policy Board, local jurisdiction, or the Commission on VASAP. Participating cities or counties may withdraw at any time by official action of its governing body and appropriate notice to the Policy Board. If a locality withdraws, its representatives shall no longer serve on the Policy Board; and 6. Title of property acquired by the Board shall be vested with the Board as long as two or more local jurisdictions continue to participate in its operation. In the event that all local units of government withdraw and the Commission on VASAP withdraws its endorsement, the property owned by the Board shall be sold at public auction and the proceeds of such sale shall be apportioned and paid to those units of local government which have participated since September 1, 1987, each to be paid an equal percentage of the proceeds." Ayes: Heretick, Moody, Randall, D. Smith, R. Smith, Holley Nays: None