City Council

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nngov.com AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING JUNE 10, 2014 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation - Rev. George Chioros, Sants Constantine and Helen Greek C. Pledge of Allegiance to the Flag of the United States of America D. Presentations None E. Public Hearings 1. Ordinance Authorizing the City Manager to Execute Any and All Documents Necessary for the Conveyance of a Portion of 11846 Jefferson Avenue via a Quitclaim Deed for the Middle Ground Boulevard Extension Project F. Consent Agenda 1. Minutes of the Work Session of May 27, 2014 2. Minutes of the Special Meeting of May 27, 2014 3. Minutes of the Regular Meeting of May 27, 2014 G. Other City Council Actions 1. Resolution Authorizing the Re-Sale of Wetland and Stream Mitigation Credits Purchased for the King William Reservoir Project and Authorizing the City Manager to Execute Any and All Documents Pertaining to the Re-Sale H. Appropriations  1. Department of Engineering – FY 2014 Bond Authorization, Public Buildings Category: Design Services for Emergency Generators Replacement – $50,000 2. Department of Engineering – FY 2014 Bond Authorization, Public Buildings Category: Justice Building Elevator Renovations – $175,000 3. Newport News Sheriff's Office – Commonwealth of Virginia, Office of the Attorney General: Asset Forfeiture Funds – $249,480 4. Department of Engineering – Congestion Mitigation and Air Quality (CMAQ): Mariners' Museum Multi-Purpose Trail Project – $650,000 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. Price 5. Scott 6. Vick 7. Whitaker 8. Woodbury 9. Bateman 10. Coleman 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 – Rev. George Chioros, Saints Constantine and Helen Greek C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing the City Manager to Execute Any and All Documents Necessary for the Conveyance of a Portion of 11846 Jefferson Avenue via a Quitclaim Deed for the Middle Ground Boulevard Extension Project ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE CONVEYANCE OF A PORTION OF 11846 JEFFERSON AVENUE VIA A QUITCLAIM DEED FOR THE MIDDLE GROUND BOULEVARD EXTENSION PROJECT. BACKGROUND: l The Virginia Department of Transportation (VDOT) is constructing the extension of Middle Ground Boulevard and an additional right-of-way and a temporary construction easement are required on City-owned property. l The City-owned property is located at 11846 Jefferson Avenue on the southeast corner of Jefferson Avenue and Middle Ground Boulevard. l The project requires 0.121 acres of additional right- of-way for widening the northbound approach on Jefferson Avenue at Middle Ground Boulevard. l A temporary construction easement of 0.255 acres is also necessary for construction activities behind the right-of-way. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re MiddleGroundBlvd Expansion Proj Middle Ground Blvd Ext Proj Map sdm12602 Ord Authorizing a Quitclaim Deed between City and VDOT  D B LV N D R OU L EG DD MI Temporary Construction Easement 11846 Jefferson Avenue Proposed Right-of-Way F JE FE RS ON E AV IS FT LO V D BL CITY OF NEWPORT NEWS, VIRGINIA Date: 6/4/2014 µ Middle Ground Boulevard Expansion Project F. Consent Agenda 1. Minutes of the Work Session of May 27, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Work Session of May 27, 2014 F. Consent Agenda 2. Minutes of the Special Meeting of May 27, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Special Meeting of May 27, 2014 F. Consent Agenda 3. Minutes of the Regular Meeting of May 27, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Regular Meeting of May 27, 2014 G. Other City Council Actions 1. Resolution Authorizing the Re-Sale of Wetland and Stream Mitigation Credits Purchased for the King William Reservoir Project and Authorizing the City Manager to Execute Any and All Documents Pertaining to the Re-Sale ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE RE-SALE OF WETLAND AND STREAM MITIGATION CREDITS PURCHASED FOR THE KING WILLIAM RESERVOIR PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS PERTAINING TO THE RE-SALE. BACKGROUND: l In 2009, the City purchased 50 acres of wetland mitigation credits and 19,978 linear feet of stream mitigation credits from York River Wetland Mitigation Bank as part of the mitigation program for the former King William Reservoir Project. l Credits are classified as a commodity, and can be transferred and sold at mutually agreed upon terms. l Those acquired from the York River Wetland Mitigation Bank can only be used to mitigate for project impacts within the Upper York River Basin. l Resale of credits will be on a case-by-case basis, with quantity of credits at a price deemed appropriate by the City Manager and the City Attorney's office. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Resale of Wetland-Stream Mitigation Credits sdm12533 Authorizing re Re-Sale of Wetlands and Stream Mitigation Credits sdm12533 RESOLUTION NO. _______________ A RESOLUTION OF THE NEWPORT NEWS CITY COUNCIL AUTHORIZING THE RE-SALE OF WETLANDS MITIGATION CREDITS AND STREAM MITIGATION CREDITS ACQUIRED FOR THE KING WILLIAM RESERVOIR PROJECT. WHEREAS, in furtherance of the King William Reservoir Project (“the Project”), the City purchased various wetlands mitigation credits and stream mitigation credits; and WHEREAS, on November 9, 2009, the U.S. Corps of Engineers revoked Permit No. 93- 0902-12. The Permit previously authorized the City to construct and operate a water supply reservoir in King William County, Virginia. Due to the termination of the Project by the City, the mitigation credits are no longer needed by the City; and WHEREAS, by Resolution No. 11917-09, the Acting City Manager was “authorized to analyze and recommend appropriate action with respect to...mitigation credits acquired for the Project;” and WHEREAS, the City Manager has recommended that the mitigation credits be re-sold at such times, in such quantities, and at such prices, as he deems appropriate, in light of the existing market for such credits. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia, that: 1. Subject to applicable legal requirements, the City Manager is authorized to re-sell the mitigation credits at such times, in such quantities and at such prices, as he deems appropriate, in light of the existing market for such credits. 2. That the City Manager is authorized to execute any and all documents pertaining to the future re-sale of such mitigation credits, subject to review and approval by the City Attorney’s Office. 3. That the proceeds of all sales of mitigation credits shall be deposited in the Public Utilities Fund. 4. That all such documents shall first be reviewed and approved by the City Attorney’s office. 5. That this resolution shall be in effect on and after the date of its adoption, June 10, 2014. H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Department of Engineering – FY 2014 Bond Authorization, Public Buildings Category: Design Services for Emergency Generators Replacement – $50,000 2. Department of Engineering – FY 2014 Bond Authorization, Public Buildings Category: Justice Building Elevator Renovations – $175,000 3. Newport News Sheriff’s Office – Commonwealth of Virginia, Office of the Attorney General: Asset Forfeiture Funds – $249,480 4. Department of Engineering – Congestion Mitigation and Air Quality (CMAQ): Mariners’ Museum Multi-Purpose Trail Project – $650,000 H. Appropriations 1. Department of Engineering – FY 2014 Bond Authorization, Public Buildings Category: Design Services for Emergency Generators Replacement – $50,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $50,000 FROM THE FY 2014 BOND AUTHORIZATION, PUBLIC BUILDINGS CATEGORY FOR DESIGN SERVICES FOR THE REPLACEMENT OF EMERGENCY GENERATORS. BACKGROUND: l The design services will address the purchase and installation of new equipment and wiring to replace and update the existing emergency generators at various City facilities. FISCAL IMPACT: l Funding in the amount of $50,000 is available from the FY 2014 Bond Authorization, Public Buildings category. l The City Manager recommends approval. Supporting Material CM Memo re Emergency Generators Replacement sdm12614 Appropriation re Replacement of Emergency Generators sdm12614 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND ISSUED TO EMERGENCY GENERATORS. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bonds Authorized and Issued to Emergency Generators, as follows: Appropriation From: Bonds Authorized and Issued 4104-100-70-700G-579000-000000-2014- 00000-G0000 $ 50,000.00 Appropriation To: Emergency Generators 4104-200-70-700G-579401-000000-2014- 00000-G2408 $ 50,000.00 H. Appropriations 2. Department of Engineering – FY 2014 Bond Authorization, Public Buildings Category: Justice Building Elevator Renovations – $175,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $175,000 FROM THE FY 2014 BOND AUTHORIZATION, PUBLIC BUILDINGS CATEGORY FOR THE JUSTICE BUILDING ELEVATOR RENOVATIONS. BACKGROUND: l The City has made many renovations to the Justice Building as recommended in the 2003 Hampton- Newport News Community Services Board (H- NNCSB), Facilities Plan, CSB Central Extract Study. l The final phase of the project will be the upgrading of the existing elevators. l The project consists of the purchase and installation of new equipment and wiring to replace and update the remaining existing elevator at the Justice Building. FISCAL IMPACT: l The total estimated project cost for the remaining elevator, including contingencies is $200,000. l Funding in the amount of $175,000 is available from the FY 2014 Bond Authorization, Public Buildings category. l The remaining $25,000 is available from previously appropriated funds in the Public Buildings category. l The City Manager recommends approval. Supporting Material CM Memo re JusticeBldg Elevator Renovation sdm12607 Appropriation re Justice Building Elevator Renovation sdm12607 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND ISSUED TO JUSTICE BUILDING ELEVATOR RENOVATION. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bonds Authorized and Issued to Justice Building Elevator Renovation, as follows: Appropriation From: Bonds Authorized and Issued 4104-100-70-700G-579000-000000-2014- 00000-G0000 $ 175,000.00 Appropriation To: Justice Building Elevator Renovation 4104-200-70-700G-579420-000000-2014- 00000-G2308 $ 175,000.00 H. Appropriations 3. Newport News Sheriff's Office – Commonwealth of Virginia, Office of the Attorney General: Asset Forfeiture Funds – $249,480 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $249,480 OF FEDERAL REVENUE (ASSET FORFEITURE FUNDS) FROM THE COMMONWEALTH OF VIRGINIA, OFFICE OF THE ATTORNEY GENERAL TO THE NEWPORT NEWS SHERIFF'S OFFICE. BACKGROUND: l The Virginia Attorney General's Office has awarded the Newport News Sheriff's Office asset forfeiture monies in the amount of $249,480. l The funds are the result of a settlement with Abbott Laboratories regarding the unlawful promotion of prescription drugs. l These forfeited funds are permitted to be used as supplemental support for law enforcement needs. l The funds will be used to purchase computer equipment, vehicles, protective vests, a security camera system for the courts, copiers, and a portable generator. FISCAL IMPACT: l No local matching funds are required. l The City Manager recommends approval. Supporting Material CM Memo re Asset Forfeiture Funds for NN Sheriffs Office sdm12603 Appropriation re Sheriff's Office - FY14 Asset Forfeiture sdm12603 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM USE OF FUND BAL-US 0TREAS-14 TO MACHINERY & EQUIPMENT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Use of Fund Bal-US Treas-14 to Machinery & Equipment, as follows: Appropriation From: Use of Fund Bal-US Treas-14 2651-000-26-0000-453000-000000-0000- 26A14-26A14 $ 249,480.00 Appropriation To: Machinery & Equipment 2651-000-26-0000-570010-000000-0000- 26A14-26A14 $ 249,480.00 H. Appropriations 4. Department of Engineering – Congestion Mitigation and Air Quality (CMAQ): Mariners' Museum Multi-Purpose Trail Project – $650,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $650,000 FROM CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT FUNDS FOR THE MARINERS' MUSEUM MULTI- PURPOSE TRAIL PROJECT. BACKGROUND: l The design of the Mariners' Museum Multipurpose Trail is substantially complete. l The construction of this sidewalk along Mariners' Museum property, parallel to Warwick Boulevard, will connect the Avenue of the Arts sidewalk with the arterial sidewalk located to the south at the Harpersville Road intersection with Warwick Boulevard. FISCAL IMPACT: l The revised project estimate has increased to $2,748,220. l City Council previously appropriated $1.1 million of CMAQ grant funds for this project. l The Virginia Department of Transportation (VDOT) has approved additional CMAQ funds in the amount of $650,000 and approved a transfer of $998,220 from two other previously appropriated CMAQ projects. l The City Manager recommends approval. Supporting Material CM Memo re Mariners Museum Multipurpose Trail Attachment Location Map Mariners Museum sdm12613 Appropriation re Mariners' Museum Multipurpose Trail  SE AV RV E ICE TH NUE E A OF RD RT S E U M DR US M GAT EW RD OO DR D EW MA TT H COMMOD O DR R E E PROJECT O LOCATION M W OM R D C D O RE LN D S R N E E LN IN H TA IT D N C N FO H LA PE O C W A R W IC K H .S .E N TR E BO UN D Y AR R D K IC W R D A V W BL CITY OF NEWPORT NEWS, VIRGINIA µ MARINERS MUSEUM MULTIPURPOSE TRAIL sdm12613 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE AND STATE REVENUE TO MARINERS’ MUSEUM MULTIPURPOSE TRAIL. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Federal Revenue and State Revenue to Mariners’ Museum Multipurpose Trail, as follows: Appropriation From: Federal Revenue 4300-000-00-0000-483000-000000-2011- 00000-J3003 $ 520,000.00 State Revenue 4300-000-00-0000-482000-000000-2011- 00000-J3003 $ 130,000.00 Appropriation To: Mariners’ Museum Multipurpose Trail 4300-250-70-700J-579420-000000-0000- 00000-J3003 $ 650,000.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Price Scott Vick Whitaker Woodbury Bateman Coleman 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.”