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City Council

Regular Meeting

Newport News, VA · April 10, 2012

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Agenda

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nngov.com AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING APRIL 10, 2012 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation - Reverend Synetheia N. Newby, Gethsemane Baptist Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations 1. Proclamation: National Volunteer Week - April 15 - 21, 2012 E. Public Hearings 1. City Manager's Fiscal Year 2013 Recommended Operating Budget and Proposed Tax Increases 2. Ordinance Granting a 20-foot Pipeline Easement and a 30-foot Temporary Construction Easement on Portions of City-owned Property at Diascund Creek Reservoir 3. Ordinance Amending that Certain Lease Between the City and Interocean American Shipping Corporation (IAS) for the 23rd Street Pier F. Consent Agenda 1. Minutes of the Work Session of March 27, 2012 2. Minutes of the Regular Meeting of March 27, 2012 G. Other City Council Actions 1. Resolution Authorizing Participation in a Study of Regionalization of the Sanitary Sewer Collection System, Conducted by the Hampton Roads Planning District Commission (HRPDC) H. Appropriations 1. Newport News Police Department (NNPD) - Virginia Department of Emergency Management (VDEM): FY 2011 Port Security Grant Program - Surveillance Cameras - $50,000 2. Department of Engineering - FY 2012 Bond Authorization: Streets and Bridges Category - Hoopes Road Drainage and Road Improvements Project - $120,000 3. Department of Engineering - FY 2012 Bond Authorization: Sanitary Sewer Category - Pump Station No. 37 Replacement Project - $3,000,000 4. Jefferson Avenue Corridor Utilities Relocation and Streetscape Improvements Project - $6,410,000 I. Citizen Comments on Matters Germane to the Business of City Council *J. New Business and Councilmember Comments 1. City Manager 2. City Attorney 3. City Clerk 4. Bateman 5. McMillan 6. Price 7. Scott 8. Vick 9. Whitaker 10. Woodbury K. Adjourn *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." A. Call to Order B. Invocation – Reverend Synetheia N. Newby, Gethsemane Baptist Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. City Manager's Fiscal Year 2013 Recommended Operating Budget and Proposed Tax Increases ACTION: CITY COUNCIL WILL RECEIVE COMMENTS FROM THE PUBLIC ON THE CITY MANAGER'S FISCAL YEAR 2013 RECOMMENDED OPERATING BUDGET. BACKGROUND: l This is the first of two advertised public hearings on the City Manager's recommended operating budget for the next fiscal year. l The second public hearing will be held at 7:00 p.m. on Thursday, April 12, 2012, at Mary Passage Middle School, located at 400 Atkinson Way. FISCAL l N/A IMPACT: E. Public Hearings 2. Ordinance Granting a 20-foot Pipeline Easement and a 30-foot Temporary Construction Easement on Portions of City-owned Property at Diascund Creek Reservoir ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING EASEMENTS ON WATERWORKS PROPERTY IN NEW KENT COUNTY TO VIRGINIA NATURAL GAS AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE TRANSACTION. BACKGROUND: l Virginia Natural Gas has submitted a bid to be granted permanent easements, along with temporary construction easements, to install and maintain a natural gas transmission pipeline across City-owned property in New Kent County adjacent to, and crossing Diascund Creek Reservoir. l The natural gas pipeline is proposed in order to provide service to northeastern New Kent County and to the Town of West Point. l A fair market appraisal was provided by the applicant, reviewed by the Newport News City Assessor and valued at $8,700. l On March 27, 2012 Council received and opened one bid submitted by Virginia Natural Gas for $8,700. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo Easements for Diascund Creek Reservoir Authorizing Ord re Deed of Easement between City and VNG sdm 10693 ORDINANCE NO. AN ORDINANCE AUTHORIZL TG AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, A DEED OF EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND VIRGINIA NATURAL GAS DATED THE 10T1{ DAY OF APRIL, 2012, GRANTING A FORTY (40) YEAR EASEMENI FOR UTILITY PIPELINES UNDER &ND ACROSS PORTIONS OF THE CITY’S DIASCUND RESERVOIR IN NEW KENT COUNTY. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia, that it hereby authorizes and directs the City Manager to execute and the City Clerk to attest, on behalf of the City of Newport News, Virginia, a Deed of Easement by and between the City of Newport News, Virginia, and Virginia Natural Gas dated the 1 day of April, 2012, which Deed of Easement shall first be approved by the Office of the City Attorney, granting a forty (40) year easement for utility pipelines under and across portions of the Diascund Reservoir in New Kent County, as more specifically shown on the plats attached hereto as Exhibits A Dl. - NOTES: 1. THIS P1.AT WAS PREPARED WiTHOUT THE BENEFIT OF A TITLE REPORT AND THEREFOR E MAY NOT SHOW ALL EASEMENTS OR PROPERTY REFERENCES THAT AFFECT THIS PROPERTY. 2. MERIDIAN SOURCE: ViRGINIA COORDINATE SYSTEM OF 1983 (SOUTh ZONE) NA083 (1993) HARN. COORDINATE VALUES ARE SHOWN IN U.S. SURVEY FEET. 3. PROPERTY LINE IS THE 30’ CONTOUR, AS SHOWN ON VARIOUS ACQUISITION DEEDS AND PLATS. AND BASED ON VERTICAL DATUM NGVD 1929, AS STATED ON CONSTRUCTION PLANS FOR ThE DIASCUND RESERVOIR SPILLWAY AND PUMP STATION PROVIDED BY NEWPORT NEWS WATERWORKS ENGINEERING DEPARTME NT. ROUSE-SIRINE ASSOCIATES, LTD. (RSA) COLLECTED ELEVATIONS ON DIASCUND RESERVOIR GEODETIC CONTROL DISKS D3, D6, D7 AND UGS DISK U470. SPILLWAY ELEVATION, AS SHOWN ON AFOREMENTIONED PLANS, EQUALS 25.0 (NGVD 1929). ThE MEAN DIFFERENCE BE1WEEN NGVD 1929 AND NAVD 88 UTILIZING THE ABOVE POINTS ELEVATIONS ON DIASCUND RESERVOIR CONTROL DISKS FROM NGVD 1929 TO IS -0.99±. TO CONVERT NAVD 88, SUBTRACT 0.99± FROM NGVD 1929 VALUES. THEREFORE, THE NGVD 1929 30’ CONTOUR LINE EQUATES TO A NAVD 8829’ LOT 5 CONTOUR LINE SHOWN WAS ESTABLISHED BY A TOPOGRAPHIC SURVEY BY RSA, CONTOUR LINE ±. THE UTILIZING VERTICAL DATUM NAVD NOW OR FORMERLY 88. ANDREW J. MIHALCOE,. AND DEBORAH S. HINTON () PROPERTY OF TAX MAP: 45.6-5 (D.B. 208, P. 57) (PB. 12, P. 133) CITY OF NEvvPORT NEWS TAX MAP 45.22 NOW OR FORMERLY MARTIN B. JOHNSON VALERIE HARDY V () PROPERTY OF CITY OF NEWPORT NEWS TAX MAP: 45-22 (D.8. 44, P. 378- P.B. 3A, P.53) (D.B. 44, P.498. P.B. 3A. P. 87) (1)8.48, P.35- PB. 3A. P. 70) (D,B. 48, P. 115- P.B. 3A, P.73) (D.B. 48, P.216 P.S. 3A, P.81) - NOW OR FORMERLY BENJAMIN C. HOWSER SHEET 1 OF 1 I LONA M. HOWSER TAX MAP: 45-82 AREA TABLE Virginia Natural Gas (0.5. 107, P.471) 20’ PERMANENT UTII.fri ASE TEMPORARY CONSTRUCTION EASEMENT LANEXA TO WEST POINT EXTENSION (0.8. 107, P. 473-PLAT) SQ. FT. ACRES SQ. FT. ACRES (P.B. 9, P. 53) 45-22 29.473 0.677 45.928 PLAT TO ACCOMPANY RIGHT-OF-WAY 1.054 LEGEND AGREEMENT WITH CITY OF NEWPORT NEWS 20’ PERMANENT UTILITY EASEMENT 0 5 100 [] 30 TEMPORARY CONSTRUCTION EASEMENT - GRAPHIC SCALE 200 300 FEET RSA J,O.#1 3127 ACAD: 131 27—EASEMENT--T.P.45—22—038.dwg ________________________ APPROX. LOCATION OF 30’ CONTOUR 100’ DOMINION ViRGINIA— ow 5tpff (0.8.59. P. 451) 30’ TEMPORARY—— CONSTRUCTION EASEMENT L3 /MASL.WALLS,etaI (SEE NOTE 3) (VEPCOP.B 1,P.N-8B) r—--—-•---.--- — / (8.1’R122) VEflOC) ,._.—.k 1 L I TAX MAP. 45-18 (0.8.229, P. 104) \ S662V34W 287.77 - - 2V8flE ’ 237 14’ - - \N3,687.228.077,228.074 20’ PERMANENT-i (P.8.11, P.81) E: 11,944,896.045 UTIUW EASEMENT _MRY EASEM T ““ N’ 3,887,467.894 DIASCUND CREEK () \ \ / RESERVOIR .- E: 11,945443.917 RESERVOIR PROPERTY UNE IS PROPERTY OF CITY OF NEWPORT NEWS TAX MAP-. 45-22 (D.B. 48. P.284- P.8. 3A, P.89> \ APPROX LOCATION / NOWOFORMERLY THOMAS L. WAIiS, et al TAX MAP: 45-9 (0.8.44, P. 498 PB. 3k P. 67) - OF 30’ CONTOUR (1) B 69, P. 97) (SEE NOTE 3) \ (P.0.19, P. 122) AREA TABLE TAX PARCEL 20’ PERMANENT UTiLTY EASEMENT 30’ TEMPCRARY CONSTRUCTION EASEMENT SQ. FT. ACRES SQ. FT. ACRES 45-22 9,973 0.229 13,706 0.315 LINE TA&E ME NO. BEARING )ISTANCE NOTES: LI Sl?22’54E 13.00’ 1.2 N01’45’34’E 19.00’ 1. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND ThEREFORE MAY NOT SHOW ALL L3 S7433)rW 19.90’ EASEMENTS OR PROPERTY REFERENCES THAT AFFECT ThIS PROPERTY. L4 N6659’28’W iaii’ 1.5 N4300’04’W 17.OT 2. MERIDIAN SOURCE: VIRGINIA COORDINATE SYSTEM OF 1983 (SOUTH ZONE> NAD83 (1993) I-IARN. COORDINATE 18 S0432’lB’W lOST VALUES ARE SHOWN IN U.S. SURVEY FEET. 3. PROPERTY LINE IS THE 30 CONTOUR, AS SHOWN ON VARIOUS ACQUISITION DEEDS AND PLATS, AND BASED ON VERTICAL DATUM NGVD 1929, AS STATED ON CONSTRUCTION PLANS FOR THE DIASCUND RESERVOIR SPILLWAY AND PUMP STATION PROVIDED BY NEWPORT NEWS WATER.NORKS ENGINEERING DEPARTMENT. ROUSE-SIR INE ASSOCIATES, LTD. (RSA) COLLECTED ELEVATiONS ON DIASCUND RESERVOIR GEODETIC CONTROL DISKS 03,06, D7 SHEET IOFI AND UGS DISK U470. SPILLWAY ELEVATION, AS SHOWN ON AFOREMENTIONED PLANS, EQUALS 25.0 (NGVD 1929). SO’8R THE MEAN DIFFERENCE BETINEEN NGVD 1929 AND NAVD 88 UTILIZING THE ABOVE POINTS IS .0.99*. TO CONVERT ELEVA11ONS ON DIASCUND RESERVOIR CONTROL DISKS FROM NGVD 1929 TO NAVD 88, SUBTRACT 099* FROM NGVD lie. No. 2647 Virginia Natural Gas 1929 VALUES. ThEREFORE, THE NGVD 1929 30 CONTOUR LINE EQUATES TO A NAVD 8829’ CONTOUR LINE LANEXA TO WEST POINT EXTENSION ±. THE CONTOUR LINE SHOWN WAS ESTABLISHED BY A TOPOGRAPHIC SURVEY BY RSA, UTILIZING VERTICAL DATUM O. NAVD 88. b sus PLAT TO ACCOMPANY RIGHT-OF-WAY LEGEND AGREEMENT WITH CITY OF NEWPORT NEWS 20’ PERMANENT UTiLITY EASEMENT COUNTY STATE 0 25 50 100 150 FEET NEW KENT VIRGINIA 30’ TEMPORARY CONSTRUCTION EASEMENT GRAPHIC SCALE SURVEYED BY ROUSE-SIRINE ASSOCIATES, LTD. 121 Ii SCALE 150’ DATE 01!26!12 NO. 044 RSA JO. #13127 ACAD: 131 27—EASEMENT—T.P.45—22—044.dwg _________________ EXHIBIT - 1LC1 PIN(F) NOW OR FORMERLY RILEY R. HAZELWOOD TAX MAP: 45-2-4 pt..rw.o pp.op.pjy VARIABLE W1DTH DOMINION (DO. 445, P. 1043) UNEAS SHOWN ON VIRGINIA POWER EASEMENT— (PB. 9, P.111) RB. 9 P.11 (D.B. 59, P. 451) (VEPCO P.8.1 P. N-BA) APPROX. LOCATION N243349’E (SEE NOTE3) \,.324t NOW OR FORMERLY AREA TABLE JOSEPH H. CARR AND TAX PARCEL 20’ PERMANENT UTiLITY EASEMENT 30’ TEMPORARY CONSTRUCTiON EASEMENT DONNA M. CAU)WELL TAX MAP. 45-2-3 i 1• 30 TEMPORARY- / ‘ 45-22 SQ. FT. 1.210 ACRES 0.028 SQ. FT. 1.393 ACRES 0.032 (D.B. 297, P. 123) CONSTRUCTION (P8.9, P.111) EASEMENT --PROPERTY LINE IS i 30’CONTOUR 55.614 j L’c:’ (SEE NOTE 3) N 3686623 507 U.ITYEASEMENT PROPERTY OF ‘ J- CITY OF NEWPORT NEWS — — 24 8542 TAXMAP:45-22 PROPERTY LINE IS N 43.006 (D.B. 44, P. 510- P.8. 3A, P.68) 4Ho 3(YCONTOUR (SEE NOTE 3) DIASCUND CREEK NOTES: RESERVOIR 1. ThIS PLkT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND THEREFOR E MAY NOT SHOW ALL EASEMENTS OR PROPERTY Lic. No. 2647 REFERENCES THAT AFFECT THIS PROPERTY. 2. MERIDIAN SOURCE: VIRGINIA COORDINATE SYSTEM OF 1983 (SOUTh ZONE) NAD83 (1993) HARN. COORDINATE VALUES ARE SHOWN IN U.S. SURVEY FEET. 3. PROPERTY LINE IS THE 3(Y CONTOUR, AS SHOWN ON VARIOUS ACQUISITION DEEDS AND PLATS, AND BASED ON VERTICAL DATUM NGVD 1929. AS STATED ON CONSTRUCTION PLANS FOR ThE DIASCUND RESERVOIR SPILLWAY AND PUMP STATION PROVIDED BY NEWPORT NEWS WATERWORKS ENGINEERING DEPARTMENT. ROIJSE-SIRINE ASSOCIATES, LTD. (RSA) COLLECTED ELEVATIONS ON DIASCUND SHEET I OF 1 RESERVOIR GEODETIC CONTROL DISKS D3, D6, D7 AND UGS DISK U470. SPILLWAY ELEVATION , AS SHOWN ON AFOREMENTIONED PLANS, EQUALS 25.0 (NGVD 1929). ThE MEAN DIFFERENCE BETWEEN NGVD 1929 AND NAVD 88 CONVERT ELEVATIONS ON DIASCUND RESERVOIR CONTROL DISKS FROM NGVD LJTIUZING THE ABOVE POINTS IS -0.99±. TO Virginia Natural Gas 1929 TO NAVD 88, SUBTRACT 0.99± FROM NGVD 1929 LANEXA TO WEST POINT EXTENSION VALUES. THEREFORE, THE NGVD 1929 3O CONTOUR LINE EQUATES TO A NAVD 88 29’ CONTOUR LINE ±. ThE CONTOUR LINE SHOWN WAS ESTABLISHED BY A TOPOGRAPHIC SURVEY BY RSA, UTILIZING VERTICAL DATUM PI..AT TO ACCOMPANY RIGHT-OF-WAY NAVD 88. LEGEND AGREEMENT WITH CITY OF NEWPORT NEWS 20’ PERMANENT UTILITY EASEMENT COUNTY STATE 0 20 40 6OFEET NEW KENT VIRGINIA 1 30 TEMPORARY CONSTRUCTION EASEMENT GRAPHIC SCALE I SURVEYED BY ROUSE-SIRINE ASSOCIATES, LTD. RSA J.0.#131 27 ACAD: 1 3127—EASEMENT—T.P.45—22—048.dwg Il 21 lii SCALE 120’ DATE 01127112 NO. 048 0 z - -— 0 0 CII C.’, “I) ‘I. F FL z w 1I U, w FL C’, N 0 ‘C C) ‘C CLU C. C’., I., 0 ‘C U, IX \ EXHIBIT 20’ PERMANENT DIASCUND CREEK UTiLITY EASEMENT RESERVOIR S4098’24E 2850.79’ N40 18’24W 2847.31 Co Co N4016’24l 2842.07 uJ 30’ TEMPORARY • 1817 DOMINION VPGINIA U) z PROPERTY OF CONSTRUCTION EASEMENT POWER EASEMENT Co CITY OF NEWPORT NEWS (0.8.59, P.451) z (VEPO P.B.1, P. N-B) TAX MAP: 45-22 (0.8.91, P. 129) 5 (0.8.44, P.364-P.O. 3A, P.52) (VEPCO P.0.1, P. N-b) — — — — — _(D.B.44,P.416-P.B.3A.P.55)- (D.B. 44, P. 509- P.S. 3A, P.68) — (0.8.44. P. 510- P.B. 3A. P.88) DIASCUND CREEK 20’ PERMANENT RESERVOIR rUTIUTY EASEMENT N: 3,682,747.449 S4018’24E 2850.79’ E: 11,945,129.199 / N40 18’24’W 284731 • /N — N409824’W UAXLEW — 2842.07 ; 1617 OO88NION RGIIA ‘ ‘ CONSTRUCTK)N EASEMENT (0891, P 129) (VEPCO P.8.1, P. N-b) ‘- PIN(F) () NOW OR FORMERLY \ — WIWAMBARNES \ —— —s— —— — PROPERTY OP W 1 \, CITY OF NEWPORT NEWS TAX MAP: 45-22 I IIJt rAm SHEET 2 OF 2 (D.B. 44, P.364- P.8. 3A, P.52) JNENO JISTANC (DB. 44, P.416. P.8. 3A, P. 56) LI L2 N3352’317E N21703’39’E 38.65’ 102.31’ Virginia Natural Gas (D,B. 44, P.509- PB. 3A. P. 68) LANEXATO WEST POINT EXTENSION (D.B. 44, P.510 P.B. 3A, P.68) 13 S20’03’39’W 8989’ tJc. No. 2647 - 14 LEGEND 15 3335230’W N33’57317E 54.39’ 10.19’ . ‘14, 27 O1/ 1 PLAT TO ACCOMPANY RIGHT-OF-WAY AGREEMENT WITH LB N20’03’39’E I20.9Y b Li S41’30’36E 19.47 suw’ CITY OF NEWPORT NEWS 20’ PERMANENT UTILITY EASEMENT LB N8651’STh 42.76’ COUNTY STATE SEE SHEET I FOR NOTES AND AREA TABLES. NEW KENT VIRGINIA 317 TEMPORARY CONSTRUCTION EASEMENT 0 50 100 200 300 FEET SURVEYED BY ROUSE-SIRINE ASSOCIATES. LTD. RSA J.0.#1 3127 ACAD: 131 27-EASEMENT—T.P.45—22—050.dwg GRAPHIC SCALE lI Il 21 Iii SCALE 1100’ DATE 01(27112 NO. 050 E. Public Hearings 3. Ordinance Amending that Certain Lease Between the City and Interocean American Shipping Corporation (IAS) for the 23rd Street Pier ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, TO THAT CERTAIN LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND INTEROCEAN AMERICAN SHIPPING CORPORATION (IAS). BACKGROUND: l At its January 10, 2012 City Council Meeting, Council approved a new lease for the 23rd Street Pier to IAS. l IAS has since requested that the lease be amended to include a cancelation provision in the event federal funding is not appropriated during the remainder of its managing contract with The United States Maritime Administration (MARAD). l Amending the lease in this manner is a reasonable request, as such provisions are commonplace for entities that derive funding from elected bodies. l All other terms and conditions of the lease will remain in effect. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo IAS Lease Amndmnt Reso Authorizing Execution of Addendum One b117320 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN ADDENDUM ONE TO THAT CERTAIN LEASE BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND INTEROCEAN AMERICAN SHIPPING CORPORATION DATED THE 10T1 DAY OF JANUARY, 2012. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: 1. That it hereby authorizes and directs the City Manager to execute and the City Clerk to attest, on behalf of the City of Newport News, Virginia, Addendum One to that certain Lease between the City of Newport News, Virginia, and Interocean American Shipping Corporation, dated the 101h day of January, 2012. 2. That a copy of the said Addendum One is attached hereto and made a part hereof. 3. That this ordinance shall be in effect on and after the date of its adoption, April 10, 2012. __________ ADDENDUM ONE TO LEASE THIS ADDENDUM ONE, made as of this 10 th day of April, 2012, to that certain Lease dated January 10, 2012, (the Lease), between the City of Newport News, Virginia (the City), and Interocean American Shipping Corporation (the Lessee). In consideration of the mutual promises and covenants set out herein and in the original Lease, the parties hereby agree that the second paragraph on page 1 in the Lease, shall be amended to read as set forth below: The tenri of this lease shall be for a period of forty-one (41) months and one (1) week beginning February 21, 2012, and ending July 31, 2015. However, Lessee’s responsibility under this Lease is subject to congressional appropriation in support of its contract with the United States to maintain vessels for the ready reserve fleet. In absence of such congressional appropriation, Lessee may terminate this Lease upon sixty (60) days written notice to City. Unless otherwise canceled or terminated by either party, the Lease shall automatically renew itself on a month-to-month basis beginning July 1, 2015, for an aggregate period which shall not exceed five (5) years from February 21, 2012, thus expiring on February 20, 2017, the Termination Date, subject to receipt by the City of adequate consideration therefor. The Lessee shall vacate the Leased Premises subject to this Lease as otherwise provided herein on or before the Termination Date. In as much as this Lease was not contemplated to be or advertised as a lease exceeding five (5) years, no further renewals of this Lease after the Termination Date shall be allowed. All other provisions of the Lease thereto remain in full force and effect. WITNESS the following signatures and seals: CITY OF NEWPORT NEWS, VIRGINIA By: City Manager ATTEST: City Clerk ___ APPROVED AS TO FORM: City Attorney INTEROCEAN AMERICAN SHIPPING CORPORATION By: Title b11732 1 F. Consent Agenda 1. Minutes of the Work Session of March 27, 2012 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Work Session of March 27, 2012 F. Consent Agenda 2. Minutes of the Regular Meeting of March 27, 2012 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Regular Meeting of March 27, 2012 G. Other City Council Actions 1. Resolution Authorizing Participation in a Study of Regionalization of the Sanitary Sewer Collection System, Conducted by the Hampton Roads Planning District Commission (HRPDC) ACTION: A REQUEST TO APPROVE A RESOLUTION THAT WILL AUTHORIZE THE HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC) TO CONDUCT A STUDY OF THE POTENTIAL ACQUISITION OF THE SANITARY SEWER SYSTEMS IN THE ENTIRE REGION. BACKGROUND: l HRPDC will conduct the study, which will be completed in about a year, and the Hampton Roads Sanitation District (HRSD) will pay for it. l The purpose of the study is to ascertain the potential for consolidating the entire regional sanitary sewer collection, transmission and treatment system under the HRSD. l Localities are not bound to any recommendations and will have the opportunity to review and consider any actual regionalization effort. l Other localities have approved similar resolutions. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo HRPDC Sewer System Study HRSD Regionalization Study of Sewer System sdm10692 RESOLUTION NO. ____________________ A RESOLUTION AUTHORIZING PARTICIPATION IN A STUDY OF FURTHER REGIONALIZATION OF SANITARY SEWER SERVICE AND ASSETS. WHEREAS, the City of Newport News (“the City”) owns and operates a sanitary sewer collection system directly connected to the regional sanitary sewer system owned and operated by the Hampton Roads Sanitation District (“HRSD”), a political subdivision of the Commonwealth of Virginia; and WHEREAS, HRSD and thirteen of the seventeen localities within Hampton Roads Planning District entered a Special Order by Consent with the State Water Control Board on September 26, 2007 (“the Order”) for the purpose of resolving certain alleged violations of environmental laws and regulations; and WHEREAS, in the course of planning actions to meet the requirements of the Order, the potential to develop a more cost effective set of actions to satisfy the requirements of the Order through consolidation of sanitary sewer assets under a single regional entity has been identified; and WHEREAS, consolidation of all sanitary sewer assets directly connected to HRSD has the potential to reduce total sanitary sewer operation and maintenance costs for the Hampton Roads region in addition to the potential capital cost savings for the Hampton Roads regional ratepayers within the localities under the Order; and WHEREAS, consolidation of all sanitary sewer assets directly connected to HRSD also presents several challenges for localities, including impact on system operation and maintenance, land use management, debt allocation, customer service and the potential for inequitable application of resources: and WHEREAS, data gathering, analysis and study are required to determine whether the benefits that may be identified within Hampton Roads from further regionalization outweigh the challenges of regional consolidation of sanitary sewer service and assets; NOW, THEREFORE, BE IT RESOLVED that the City hereby requests that the Hampton Roads Planning District Commission (“HRPDC”) conduct a comprehensive, non-binding study of further regionalization of sanitary sewer service and assets (“the Study”), to include analysis of both benefits and challenges to the individual localities. The Study shall be funded by HRSD in an amount agreeable to HRSD and completed by July 1, 2013; and BE IT FURTHER RESOLVED that the City will provide access to information, data, assets, staff and otherwise cooperate with the HRPDC and any agent, contractor or consultant hired by HRPDC for the purpose of conducting the Study of regional consolidation of sanitary sewer assets, and the City will participate in a thorough evaluation of the Study results; and BE IT FURTHER RESOLVED that this request does not bind the City to participate financially in the Study or to accept, adopt or comply with any conclusions or recommendations of the Study; and BE IT FURTHER RESOLVED that the Study will impact the City’s ability to accomplish all of the work required under the Order and as such, the conduct of the Study is expressly contingent on receiving an appropriate deferral of activities required by the Order as necessary to 2 (1) allow existing sewer managers and staff to participate fully in the Study, and (2) to limit sewer system rehabilitation, upgrades, or replacements that may not be regionally cost effective should further regionalization of sewer service and assets be achieved as a result of the Study. 3 H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Newport News Police Department (NNPD) – Virginia Department of Emergency Management (VDEM): FY 2011 Port Security Grant Program – Surveillance Cameras - $50,000 2. Department of Engineering – FY 2012 Bond Authorization: Streets and Bridges Category – Hoopes Road Drainage and Road Improvements Project - $120,000 3. Department of Engineering – FY 2012 Bond Authorization: Sanitary Sewer Category – Pump Station No. 37 Replacement Project - $3,000,000 4. Jefferson Avenue Corridor Utilities Relocation and Streetscape Improvements Project - $6,410,000 H. Appropriations 1. Newport News Police Department (NNPD) - Virginia Department of Emergency Management (VDEM): FY 2011 Port Security Grant Program - Surveillance Cameras - $50,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $50,000 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT (VDEM) FY 2011 PORT SECURITY GRANT PROGRAM FOR USE BY THE NEWPORT NEWS POLICE DEPARTMENT (NNPD). BACKGROUND: l The City applied for and received funding from VDEM to purchase surveillance cameras to be installed along the Port of Hampton Roads. FISCAL IMPACT: l The grant will provide $50,000 for the purchase of the cameras. l No local grant match is required. l The City Manager recommends approval. Supporting Material CM Memo NNPD Suveillance Cameras Appropriation re NNPD - Surveillance Cameras sdm10695 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM F-DHS-SURVELL CAMERAS-12 TO SPECIALIZED POLICE EQUIPMENT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from F-DHS-Survell Cameras-12 to Specialized Police Equipment, as follows: Appropriation From: F-DHS-Survell Cameras-12 2600-000-23-2389-483000-000000-0000- 23G22-23G22 $ 50,000.00 Appropriation To: Specialized Police Equipment 2600-000-23-2389-570017-000000-0000- 23G22-23G22 $ 50,000.00 H. Appropriations 2. Department of Engineering - FY 2012 Bond Authorization: Streets and Bridges Category - Hoopes Road Drainage and Road Improvements Project - $120,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $120,000 FROM THE FY 2012 BOND AUTHORIZATION STREETS AND BRIDGES CATEGORY FOR THE HOOPES ROAD DRAINAGE AND ROAD IMPROVEMENTS PROJECT. BACKGROUND: l The project proposes to widen the road to the City standard 30 feet and increase pedestrian safety. l Included are curb and gutter, sidewalk, and drainage improvements along Hoopes Road. FISCAL IMPACT: l Funding in the amount of $120,000 is available from the FY 2012 Bond Authorization Streets and Bridges Category. l The City Manager recommends approval. Supporting Material CM Memo HoopesRd Drainage Proj Location Map sdm10688HoopesRd H. Appropriations 3. Department of Engineering - FY 2012 Bond Authorization: Sanitary Sewer Category - Pump Station No. 37 Replacement Project - $3,000,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $3,000,000 FROM THE FY 2012 BOND AUTHORIZATION SANITARY SEWER CATEGORY FOR THE PUMP STATION NO. 37 REPLACEMENT PROJECT. BACKGROUND: l The Pump Station No. 37 area is a source of frequent sanitary sewer overflows during large rain events. l The project will replace undersized sewer lines near the station and replace the undersized pump station. FISCAL IMPACT: l Funding in the amount of $3,000,000 is available from the FY 2012 Bond Authorization Sanitary Sewer Category. l The City Manager recommends approval. Supporting Material CM Memo Pump Station No37 Proj Attachment - Location Map Pump Station No. 37 Replacement O WO ER SH L DP E RS HO N RU N GL G PIN H OP S TR OD N RW O ER E H E N T S CE PUMP STATION 37 DR INO A LOM P LVD BLAND B RW WA B ICK LVD SA TI NW OO D LA DR D ER OO RIV WAY CE ST TRA BO W XW EA OO D LA WN SHA R CI µ CITY OF NEWPORT NEWS, VIRGINIA PUMP STATION 37 REPLACEMENT bll7342 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO PUMP STATION NO. 37 REPLACEMENT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bonds Authorized and Unissued to Pump Station No. 37 Replacement, as follows: Appropriation From: Bonds Authorized and Unissued 4104-250-70-700L-579000-000000- 2012-00000-L0000 $ 3,000,000.00 Appropriation To: Pump Station No. 37 Replacement 4104-250-70-700L-579420-000000- 2012-00000-L6001 $ 3,000,000.00 H. Appropriations 4. Jefferson Avenue Corridor Utilities Relocation and Streetscape Improvements Project - $6,410,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $6,410,000 FOR CONSTRUCTION OF THE JEFFERSON AVENUE UTILITIES RELOCATION AND STREETSCAPE IMPROVEMENTS PROJECT. BACKGROUND: l In November 2009, City Council appropriated funding for the design of utilities relocations and streetscape improvements along the south Jefferson Avenue corridor from 25th Street to 36th Street to advance the strategic priority for Southeast Redevelopment. l Relocation of the overhead utility lines underground has been undertaken by Cox, Verizon, and Dominion Virginia Power and is nearing completion. l The streetscape construction will recapture the vibrancy and convenience of a pedestrian-friendly, active, mixed-use Jefferson Avenue and provide an attractive environment for private investment in the community. l The waterline improvements will upgrade the pipeline, originally installed in the early 1900's, and will result in improved flow for fire protection, improved service for current customers, and accommodate future area growth. FISCAL l The total appropriation of $6,410,000, will allow IMPACT: $5,800,000 for streetscape construction and $610,000 for waterline improvements. l The City Manager recommends approval. Supporting Material CM Memo JeffAveUtilitiesRelocation bll7344ResoAppropJeffAveUtilitiesRelocation *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Bateman McMillan Price Scott Vick Whitaker Woodbury K. Adjourn *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.”

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