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Regular Agenda for June 12, 2007
Regular Agenda for City Council meeting June 12, 2007
(SHOWN LIVE ON NEWPORT NEWS CITY CHANNEL 48)
AGENDA
Newport News City Council
June 12, 2007
City Council Chambers
7:00 p.m.
Presentation
A. Resolution of Recognition: H. Reed Fowler, Jr.
B. Presentation: American Public Works Association (APWA) Top Ten Leader Award (Presented to H. Reed Fowler, Jr. by APWA)
7:30 p.m.
1. Invocation - Reverend David Cook
Christ United Methodist Church
2. Pledge of Allegiance to the Flag of the United States of America
3. Public Hearings
A. Harwood’s Mill Manganese Filter Project – Centrate Pipeline
1. Appropriation of Funds
2. Authorization to Acquire Easements
B. Grant of Utility Easement – 1001 Old Denbigh Boulevard
C. Withdrawal from the Peninsula Stadium Authority
D. Verizon Cable Television Services Franchise
E. Adjustment of Boundaries in Election District One, Involving the Greenwood, McIntosh, and Richneck Precincts
F. Lease of East End Health Facility to Peninsula Institute for Community Health
4. Consent Agenda
A. Minutes of Work Session of May 22, 2007
B. Minutes of Special Meeting of May 22, 2007
C. Minutes of Regular Meeting of May 22, 2007
D. City Code Amendment – Assessment for Courthouse Security
E. Extension of Conditional Use Permit CU-06-196 David L. Feuer
F. Correction of Schedule for Water System Development Fees
G. EMS Charges and Collection Fees
H. Adoption of Future State Motor Vehicle and Traffic Laws by Reference
5. Hampton Roads Regional Sanitary Sewer Infrastructure Consent Order
6. Professional Engineering Services Agreement for a Sanitary Sewer Capacity, Management, Operations and Maintenance Risk Assessment Study
7. Amendment to the Vehicle Licensing Fee Ordinance
8. Little Creek Dam Drainage Channel Improvement Project
A. Appropriation of Funds
B. Award of Bid
9. Appropriations
A. Collector Street Resurfacing Program
B. School Division Capital Projects
10. Citizen Comments on Matters Germane to the Business of City Council
*11. New Business and Councilmember Comments
City Manager
City Attorney
City Clerk
Bateman
Frank
Haskins
McMillan
Scott
Whitaker
Allen
*THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL.
Item 1. Invocation - Reverend David Cook
Christ United Methodist Church
Item 2. Pledge of Allegiance to the Flag of the United States of America
Item 3. Public Hearings
A. Harwood’s Mill Manganese Filter Project – Centrate Pipeline
1. Appropriation of Funds
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL APPROPRIATE $179,900 FROM WATERWORKS CIP PROJECTS BALANCE FOR THE ACQUISITION OF EASEMENTS AND INSTALLATION OF A PIPELINE FOR THE HARWOOD’S MILL MANGANESE FILTER PROJECT.
BACKGROUND: ! This project involves the purchase of pressure filters, which will remove manganese from the residuals recycle flow.
! The waste stream from the pressure filters and centrifuge centrate water will leave the Harwood’s Mill plant and tie into an existing HRSD force main.
! A 1,700 foot portion of pipeline will traverse two easements to be acquired from Foxwood Association, Inc. and the Kiln Creek Country Club, LLC.
! The third and final phase of this project will require a subsequent appropriation by City Council for actual construction of the manganese filter facilities.
Item 3. Continued
Item 3. Public Hearings
A. Harwood’s Mill Manganese Filter Project – Centrate Pipeline
2. Authorization to Acquire Easements
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL AUTHORIZE THE ACQUISITION OF TWO EASEMENTS FOR CONSTRUCTION OF THE HARWOOD’S MILL MANGANESE FILTER PROJECT.
BACKGROUND: ! Easement one contains 3,719 square feet and is owed by K C C C, LLC.
! The second easement contains 6,746 square feet and is owned by Foxwood Association, Inc.
Item 3. Continued
Item 3. Public Hearings Continued
B. Grant of Utility Easement – 1001 Old Denbigh Boulevard
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT AUTHORIZES THE EXECUTION OF A DEED GRANTING A UTILITY EASEMENT OVER CITY-OWNED PROPERTY AT 1001 OLD DENBIGH BOULEVARD TO DOMINION VIRGINIA POWER.
BACKGROUND: ! City Council received and opened the only bid received for this easement at its
May 22, 2007 meeting.
! This proposed grant of a utility easement was advertised pursuant to State Code requirements pertaining to such transactions that are for a term of greater than five years.
! This easement involves approximately 4,883 square feet and is needed for the transmission and distribution of electric power to 1001 Old Denbigh Boulevard.
Item 3. Continued
Item 3. Public Hearings Continued
C. Withdrawal from the Peninsula Stadium Authority
ACTION: A REQUEST TO ADOPT A RESOLUTION WITHDRAWING THE CITY’S MEMBERSHIP AND INTEREST IN THE PENINSULA STADIUM AUTHORITY.
BACKGROUND: ! In compliance with a condition for the City’s withdrawal from the Authority, the Chairman of the Authority has certified that the City of Newport News has no outstanding financial obligation to the Peninsula Stadium Authority.
! In anticipation of the City’s withdrawal of its membership from the Authority, the City’s approved Fiscal Year 2008 Operating Budget does not include the annual contribution for the Stadium’s operation.
! The City of Hampton is holding a similar public hearing to approve of the City of Newport News’ withdrawal from the Authority and Hampton’s desire to continue to operate the facility in the future.
Item 3. Continued
Item 3. Public Hearings Continued
D. Verizon Cable Television Services Franchise
ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT AUTHORIZES THE EXECUTION OF THE VERIZON VIRGINIA, INC. FRANCHISE THAT GRANTS AUTHORITY FOR THE COMPANY TO OCCUPY THE CITY’S PUBLIC RIGHTS-OF-WAY TO PROVIDE CABLE TELEVISION SERVICES IN THE CITY OF NEWPORT NEWS.
BACKGROUND: ! This proposed franchise has a term of fifteen (15) years retroactive to April 18, 2007, which is the date that Verizon began offering cable television service in the City.
! The provisions of this proposed franchise reflect the requirements contained in the recently approved Virginia Cable Law.
Item 3. Continued
Item 3. Public Hearings Continued
E. Adjustment of Boundaries in Election District One, Involving the Greenwood, McIntosh, and Richneck Precincts
ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL EXPAND THE BOUNDARIES OF THE GREENWOOD, MCINTOSH, AND RICHNECK VOTING PRECINCTS, AND THE REMOVAL OF CERTAIN TERRITORY FROM THE GREENWOOD PRECINCT.
BACKGROUND: ! These precinct boundary changes result from the recent action to annex land from York County, as well as the removal of 87+ acres at the Yorktown Naval Weapons Station from the Greenwood Precinct which was annexed by York County.
! Subsequent to City Council’s approval of these changes, they will be submitted as required to the U. S. Department of Justice for approval.
Item 3. Continued
Item 3. Public Hearings Continued
F. Lease of East End Health Facility to Peninsula Institute for Community Health
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT AUTHORIZES THE EXECUTION OF A LEASE WITH THE PENINSULA INSTITUTE FOR COMMUNITY HEALTH FOR THE EAST END HEALTH FACILITY.
BACKGROUND: ! PICH is a not-for-profit healthcare provider that provides comprehensive primary healthcare services to the underserved residents of Southeast Newport News, the Peninsula, and the City of Suffolk.
! The East End Health Facility is City-owned and located at 1033 28th Street.
! PICH currently leases space on the first floor of this facility, and with approval of this proposed lease, intends to expand its services to improve access to its services and address concerns identified in the recent Health Needs Assessment report prepared by the Peninsula Health District.
! This proposed lease includes a provision for the continued sublease of space in the facility to the State Department of Health.
Item 4. Consent Agenda
A. Minutes of Work Session of May 22, 2007
Item 4. Continued
Item 4. Consent Agenda Continued
B. Minutes of Special Meeting of May 22, 2007
Item 4. Continued
Item 4. Consent Agenda Continued
C. Minutes of Regular Meeting of May 22, 2007
Item 4. Continued
Item 4. Consent Agenda Continued
D. City Code Amendment – Assessment for Courthouse Security
ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL AMEND THE CITY CODE RELATIVE TO THE COURT COST ASSESSMENT FOR COURTHOUSE SECURITY TO INCREASE THE FEE FOR CONSISTENCY WITH A RECENT STATE CODE CHANGE.
BACKGROUND: ! The most recent General Assembly approved this change effective July 1, 2007, which increased the maximum amount a local governing body may assess against a defendant as part of court costs to fund courthouse security.
! The fee will increase from $5.00 to $10.00 per
case.
! This increase in revenue is included in the approved Fiscal Year 2008 Operating Budget.
Item 4. Continued
Item 4. Consent Agenda Continued
E. Extension of Conditional Use Permit CU-06-196, David L. Feuer
ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL EXTEND CONDITIONAL USE PERMIT CU-06-196, FOR AN ADDITIONAL TWELVE (12) MONTHS.
BACKGROUND: ! City Code provisions allow City Council to approve extensions of conditional use permits for periods up to twenty-four (24) months.
! In this particular instance, the applicant has requested a twelve (12) month extension.
Item 4. Continued
Item 4. Consent Agenda Continued
F. Correction of Schedule for Water System Development Fees
ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL AMEND THE CITY CODE TO CORRECT AN ORDINANCE APPROVED ON JANUARY 24, 2006, WHICH INCREASED WATERWORKS SYSTEM DEVELOPMENT FEES, BUT OMITTED THE INCREASES APPLICABLE FOR EACH WATER METER SIZE.
BACKGROUND: ! The January 24, 2006, approved ordinance increased the Water System Development Fee by 8% annually over the next ten years.
! The increases are assessed based on a meter’s capacity to withdraw water from the distribution system.
! The System Development Fees, however, were not changed in that approved ordinance to reflect the annual 8% increase for each meter size.
Item 4. Continued
Item 4. Consent Agenda Continued
G. EMS Changes and Collection Fees
ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL AMEND THE CITY CODE RELATIVE TO EMERGENCY MEDICAL SERVICES TO AUTHORIZE THE IMPOSITION OF A $35.00 COLLECTION FEE FOR ADMINISTRATIVE COSTS.
BACKGROUND: ! The imposition of this fee is applicable to situations in which the Basic Life Support fees or Advanced Life Support fees are not made in a timely manner.
! The estimated revenue from this new collection fee is reflected in the City’s approved Fiscal Year 2008 Operating Budget.
Item 4. Continued
Item 4. Consent Agenda Continued
H. Adoption of Future State Motor Vehicle and Traffic Laws by Reference
ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL AMEND THE CITY CODE TO CLARIFY THAT FUTURE STATE MOTOR VEHICLE AND TRAFFIC LAWS ARE INCORPORATED IN THE CITY CODE BY REFERENCE.
BACKGROUND: ! Section 26-8 of the City Code incorporates by reference the provisions of Title 46.2 of the Code of Virginia pertaining to motor vehicles.
! The City’s General District Courts expressed concern about the clarity of this section of the City Code and its applicability to future State Code Amendments.
! This proposed ordinance clarifies that future amendments to State Laws are incorporated in the City Code by reference.
Item 5. Hampton Roads Regional Sanitary Sewer Infrastructure Consent Order
ACTION: A REQUEST TO ADOPT A RESOLUTION APPROVING THE CITY AS A SIGNATORY TO A CONSENT ORDER OF THE STATE WATER CONTROL BOARD, THE ASSOCIATED MEMORANDUM OF AGREEMENT, AND AUTHORIZING THE SUBMISSION OF THE REGIONAL CONSENT ORDER PACKAGE TO THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY PERTAINING TO THE PLANNING AND UPGRADING OF THE HAMPTON ROADS REGIONAL SANITARY SEWER INFRASTUCTURE.
BACKGROUND: ! The Hampton Roads Sanitation District and all the Hampton Roads localities have worked together through the Hampton Roads Planning District Commission to develop this regional approach to providing reliable sanitary sewer system infrastructure.
! With this State Consent Order, the City, and the other signatories, will have a relatively certain and achievable plan for handling sanitary sewer overflows, and there is less chance of harsh federal penalties and extensive delays that might otherwise be imposed.
Item 6. Professional Engineering Services Agreement for a Sanitary Sewer Capacity, Management, Operations and Maintenance Risk Assessment Study
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT AUTHORIZES THE EXECUTION OF A PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH THE FIRM OF GREELEY & HANSEN, LLC FOR A RISK ASSESSMENT STUDY OF THE CITY’S SANITARY SEWER SYSTEM OPERATION AND MAINTENANCE.
BACKGROUND: ! The objective of this study is the mitigation and elimination of sanitary sewer overflows within the City’s sanitary sewer system through the application of a management program.
! That management program will be modeled from U. S. Environmental Protection Agency’s standards.
! This study will conclude with recommendations for changes in practices, policies and procedures to bring them into conformance with the CMOM general standards.
! This study will be paid for from monies appropriated in the Public Works Operating Budget for Fiscal Year 2008.
Item 7. Amendment to the Vehicle Licensing Fee Ordinance
ACTION: A REQUEST TO ADOPT AN ORDINANCE THAT WILL AMEND THE CITY CODE PERTAINING TO THE VEHICLE LICENSING FEE (VLF) BY ALLOWING VEHICLE OWNERS TO TRANSFER THE PERVIOUSLY PAID VEHICLE LICENSE FEE TOA NEW VEHCILE UPON THE SALE OR DISPOSITION OF THE PREVIOUS VEHICLE FOR WHICH THE FEE WAS PAID.
BACKGROUND: ! The paid VLF covers a vehicle for the subsequent calendar year beginning on January 1 of each year.
! The old City decal ordinance provided for the transfer of a decal to a new vehicle, but the new VLF ordinance does not provide for this transfer.
! This proposed amendment provides authority to the City Treasurer to process a taxpayer’s request to record the transfer of a previously paid vehicle license fee from a vehicle that has been sold or disposed of to a newly acquired vehicle.
Item 8. Little Creek Dam Drainage Channel Improvement Project
A. Appropriation of Funds
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL APPROPRIATE $245,400 FROM WATERWORKS CIP PROJECTS BALANCE FOR CONSTRUCTION AND PROFESSIONAL ENGINEERING CONSTRUCTION SERVICES FOR THE LITTLE CREEK DAM DRAINAGE CHANNEL IMPROVEMENTS PROJECT.
BACKGROUND: ! Funding for this project is programmed in the City’s Fiscal Years 2008-2012 Capital Improvements Plan.
! Little Creek Dam is a 70-feet high earthen impoundment structure that created the Little Creek Reservoir located in James City County.
! This project will correct an eroded rip rap and concrete-lined storm runoff channel which collects runoff from the surrounding terrain and a county road ditch, and discharges it to Little Creek downstream.
Item 8. Little Creek Dam Drainage Channel Improvement Project
B. Award of Bid
ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO AWARD THE BID FOR THE LITTLE CREEK DAM DRAINAGE CHANNEL IMPROVEMENT PROJECT TO THE LOWEST BIDDER, ULTRA SERVICES, INC. IN THE AMOUNT OF $214,000.
BACKGROUND: ! The Waterworks’ consulting engineer for this project reviewed the low bid and verified references and the financial records and recommended the award as stated.
Item 9 . Appropriations
ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO ADOPT AS A BLOCK THE FOLLOWING APPROPRIATIONS.
A. $1,000,000.00 from Fiscal Year 2007 Bonds Authorized and Issued for Streets and Bridges.
B. $8,585,000 from Fiscal Year 2007 Bonds Authorized and Issued for various scheduled school division capital projects.
Item 9. Continued
Item 9. Appropriations
A. Collector Street Resurfacing Program
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL APPROPRIATE $1,000,000.00 FROM FISCAL YEAR 2007 BONDS AUTHORIZED AND ISSUED FOR STREETS AND BRIDGES TO THE CITY’S COLLECTOR STREET RESURFACING PROGRAM.
BACKGROUND: ! This is an ongoing program, with annual appropriations, to resurface collect streets throughout the City to keep these roadways passable and safe.
! The majority of funding needed this year is programmed in the City’s current Capital Improvements Plan.
! The remaining amount of funding needed for this year’s program in the amount of $477,459.90 is included in the Public Works Department’s approved Operating Budget.
Item 9. Continued
Item 9. Appropriations Continued
B. School Division Capital Projects
ACTION: A REQUEST TO ADOPT A RESOLUTION THAT WILL APPROPRIATE $8,585,000 FROM FISCAL YEAR 2007 BONDS AUTHORIZED AND ISSUED FOR VARIOUS SCHEDULED SCHOOL DIVISION CAPITAL PROJECTS.
BACKGROUND: ! The capital projects intended for this proposed appropriation were included in the Schools category of the bond authorization approved by City Council last June.
! To date, $1,415,000 of the $10,000,000 allocated for the School Division in that authorization has been appropriated.
! The remaining portion of the allocation, which is represented by this proposed new appropriation, involves roof, HVAC repairs, window replacements, and project design fees.
Item 10. Citizen Comments on Matters Germane to the Business of City Council
Item 11. New Business and Councilmember Comments
City Manager
City Attorney
City Clerk
Roll Call for New Business
Bateman
Frank
Haskins
McMillan
Scott
Whitaker
Allen
*THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER "CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL.
