City Council

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nnva.gov AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING JULY 11, 2017 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Pastor Justin White, City Life Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations 1. Introduction: Commander Michael C. Grubb, Commanding Officer - USS Newport News (SSN 750) E. Public Hearings 1. Ordinance Authorizing and Directing the City Manager to Execute A Deed of Easement for an Easement Across City-owned Property Located at 15330 Warwick Boulevard for the Atkinson Boulevard Project F. Consent Agenda 1. Minutes of the Work Session of June 27, 2017 2. Minutes of the Regular Meeting of June 27, 2017 G. Other City Council Actions 1. Resolution Authorizing and Directing the City Manager to Execute the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration Which Provides for Purchase of Credits from the Hampton Roads Sanitation Department (HRSD) (Re: Sustainable Water Initiative for Tomorrow (SWIFT) Program)  2. Resolution Granting Permission to Use the City's Rights-of-Way for the Purposes of Display of Public Art, and Authorizing the City Manager to Execute a Temporary, Non-Exclusive, Revocable License Agreement (TNRLA) 3. Resolution to Establish a Serious Habitual Offender Comprehensive Action Program (SHOCAP) Committee H. Appropriations 1. Department of Engineering – Federal and State Grant Funds: Atkinson Boulevard Project – $55,690,686 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. Woodbury 5. Bateman 6. Cherry 7. Harris 8. Price 9. Scott 10. Vick 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 – Pastor Justin White, City Life Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing and Directing the City Manager to Execute A Deed of Easement for an Easement Across City-owned Property Located at 15330 Warwick Boulevard for the Atkinson Boulevard Project ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION ENERGY VIRGINIA, FOR AN EASEMENT ACROSS CITY-OWNED PROPERTY LOCATED AT 15330 WARWICK BOULEVARD FOR THE ATKINSON BOULEVARD PROJECT. BACKGROUND: The easement request accommodates improvements as part of the Atkinson Boulevard Project. A request to receive bids was properly advertised in the Daily Press on June 19, 2017 and on June 26, 2017. City Council received one bid for this easement at its June 27, 2017 meeting. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Atkinson Blvd Proj Easement sdm15526 Authorizing re Deed of Easement between City and VA Powr (15330 Warwick Blvd) F. Consent Agenda 1. Minutes of the Work Session of June 27, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session of June 27, 2017 F. Consent Agenda 2. Minutes of the Regular Meeting of June 27, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting of June 27, 2017 G. Other City Council Actions 1. Resolution Authorizing and Directing the City Manager to Execute the Hampton Roads Water Quality Credit Agreement for Chesapeake Bay Restoration Which Provides for Purchase of Credits from the Hampton Roads Sanitation Department (HRSD) (Re: Sustainable Water Initiative for Tomorrow (SWIFT) Program) ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE HAMPTON ROADS WATER QUALITY CREDIT AGREEMENT (AGREEMENT) FOR CHESAPEAKE BAY RESTORATION WHICH PROVIDES FOR PURCHASE OF CREDITS FROM THE HAMPTON ROADS SANITATION DEPARTMENT (HRSD) TO MEET, IN PART, THE CITY'S TOTAL MAXIMUM DAILY LOAD (TMDL) REQUIREMENTS UNDER ITS VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT. (RE: SUSTAINABLE WATER INITIATIVE FOR TOMORROW (SWIFT) PROGRAM. BACKGROUND: The Agreement is between HRSD and the City of Newport News for the development and implementation of the Sustainable Water Initiative for Tomorrow (SWIFT) Program. The SWIFT program assures significant reduction of pollutant loads into the Bay from treatment facilities and to utilize reclaimed water that can be injected into aquifers. This represents a substantial reduction in nutrient and sediment waste loading to the Chesapeake Bay. The Agreement will allow the City to obtain up to 95% of its compliance requirements for waste load allocations, and defines HRSD and the City of Newport News roles, responsibilities, and obligations regarding the SWIFT program. HRSD shall be responsible for implementing the SWIFT program under the terms of the Agreement. The localities agree to cooperate with HRSD and agree to a HRSD rate increase of 6.5%.  The City Manager recommends approval FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re HR Water Quality Agrmnt w-HRSD sdm15555 Authorizing re HR Water Quality Agrmnt with HRSD-SWIFT G. Other City Council Actions 2. Resolution Granting Permission to Use the City's Rights-of-Way for the Purposes of Display of Public Art, and Authorizing the City Manager to Execute a Temporary, Non-Exclusive, Revocable License Agreement (TNRLA) ACTION: A RESOLUTION GRANTING PERMISSION TO USE THE CITY'S RIGHTS-OF-WAY FOR PURPOSES OF DISPLAY OF PUBLIC ART, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A TEMPORARY, NONEXCLUSIVE, REVOCABLE LICENSE AGREEMENT (TNRLA) BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE NEWPORT NEWS PUBLIC ART FOUNDATION (THE FOUNDATION). BACKGROUND: The existing TNRLA between the City and the Foundation, approved by City Council in 2012, will expire on August 14, 2017. The Foundation has requested that the TNRLA be renewed for an additional five-year term and agreed that the provisions of the new instrument should be consistent with that which was previously approved. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re NN Public Art TNRLA sdm15543 Granting a TNRL Agmt between City and NN Public Art Foundation G. Other City Council Actions 3. Resolution to Establish a Serious Habitual Offender Comprehensive Action Program (SHOCAP) Committee ACTION: A REQUEST TO APPROVE A RESOLUTION TO ESTABLISH A SERIOUS HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM (SHOCAP) COMMITTEE. BACKGROUND: The Department of Criminal Justice Services established a Serious and Habitual Offender Comprehensive Action Program (SHOCAP) in 1993. SHOCAP is a multi-disciplinary interagency case management and information sharing system which enables the juvenile and criminal justice system, schools, and social service agencies to share information and make more informed decisions regarding juveniles who repeatedly commit serious criminal and delinquent acts. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Establishment of SHOCAP sdm15553 Establishing a Serious or Habitual Offender Comprehensive Action Program Committee sdm15553 RESOLUTION NO. ____________________ A RESOLUTION TO ESTABLISH A SERIOUS OR HABITUAL OFFENDER COMPREHENSIVE ACTION PROGRAM (SHOCAP) COMMITTEE. WHEREAS, violent crime continues to be a concern in Virginia and in the city, and the problem of serious juvenile offenders is an area of particular concern; and WHEREAS, the 1992 Commission on Violent Crime recommended legislation to allow communities to develop a Serious or Habitual Offender Comprehensive Action Program (SHOCAP) to address the way that information regarding juvenile offenders is maintained with the two goals of enhancing community safety and insuring comprehensive, coordinated service delivery to serious juvenile offenders; and WHEREAS, in 1993, the Virginia General Assembly adopted Sections 16.1-330.1 et seq of the Code of Virginia, enabling cities and counties to establish SHOCAP committees composed of representatives from law enforcement, schools, social services, the Commonwealth’s Attorney, youth and family services, court services units, corrections, and juvenile and domestic relations courts, and providing for the facilitation of information sharing among the representatives on SHOCAP committees and between the SHOCAP committees of separate jurisdictions in order that communities might better provide for the safety of their citizens and better provide services to these juveniles in order to redirect their future activities away from criminal behavior; and WHEREAS, the Newport News City Council (the “Council”) finds that the establishment of a SHOCAP committee in the City of Newport News is necessary and appropriate; and WHEREAS, the Council, by way of this resolution and in accord with Section 16.1-330.1 of the Code of Virginia, 1950, as amended, desires to establish a SHOCAP committee for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That a SHOCAP committee for the City of Newport News be established, consisting of at least one representative from each agency specified in Section 16.1-330.1(C) of the Code of Virginia, 1950, as amended. 2. That the SHOCAP committee hereby established is directed to discharge its duties in accordance with Article 14.1 of Chapter 11 of Title 16.1 of the Code of Virginia, 1950, as amended, and in accordance with regulations and guidelines established by the Department of Criminal Justice Services. 3. That the City Clerk is hereby directed to forward an attested copy of this Resolution to the Department of Criminal Justice Services, as required by Section 16.1-330.1 of the Code of Virginia. 4. That this resolution shall be in effect on and after the date of its adoption, July 11, 2017. 2 H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Department of Engineering – Federal and State Grant Funds: Atkinson Boulevard Project – $55,690,686 H. Appropriations 1. Department of Engineering – Federal and State Grant Funds: Atkinson Boulevard Project – $55,690,686 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $55,690,686 IN FEDERAL AND STATE GRANT FUNDS FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR THE ATKINSON BOULEVARD PROJECT. BACKGROUND: The scope of the Atkinson Boulevard project will include a new roadway between Warwick Boulevard and Jefferson Avenue, north of Denbigh Boulevard and south of Ft. Eustis Boulevard. The City began preliminary engineering of the project in 2013, and construction is scheduled for fall of 2017, with completion in the fall of 2020. FISCAL IMPACT: The City competed for and successfully secured Urban Formula Regional Surface Transportation Program and SmartSCALE grant funds from VDOT. No local match is required. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re Atkinson Blvd Proj Appropriation Attachment Location Map Atkinson Boulevard sdm15556 Appropriation re Atkinson Boulevard Project  S R T RIA K L DR DU IN PA W N REDWOOD CT I-64 N CYPRESS CT N WILLOW CT N PECAN N MAPLE CT JEFF CT D S WO O ER S SPRUCE CT S CEDAR TR ON S DO G CT CT E W AV US OO CONGRESS PAINE ST HARVEST FORT ST L D O L D COLO N I A LN E ST WAY ST I-64 WYN DR FLOWERS TER ASHTON GREEN BLVD S NG R LUCINDA KI E D G D DR RI MICHAEL IRVIN DR N TRELLIS CT S TRELLIS CT T JOEL C GRE E N CHRISTIAN ST N GROV E L ERTREE AY CYPRESS WOODHAVEN RD PROJECT CAM B W TER GIN LOCATION GR O G TR ER L DAHL STALLINGS CT VE IA CT TEA RDROP LL CT LN CA CT A JEAN CT INKAPIN T CH E A URE C A PINEL MARY TRL CIR ROBERT LN DR S N CLIFF CAND ND THOR TR INESS PL LE LN HAPP DG LN CO X Y ON WA ATKINS OW I-64 SNID D BLV I RW WA CK LN VD S BL LOI MM DR CO N UN LE WAL IT Y LE LN CITY OF NEWPORT NEWS, VIRGINIA µ ATKINSON BOULEVARD PROJECT sdm15556 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE AND STATE REVENUE TO ATKINSON BOULEVARD PROJECT. 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 Atkinson Boulevard Project, as follows: Appropriation From: Federal Revenue 4300-000-00-0000-483000-000000-2012- J3024-J3024 $ 46,092,694.00 State Revenue 4300-000-00-0000-482000-000000-2012- J3024-J3024 $ 9,597,992.00 Appropriation To: Atkinson Boulevard Project 4300-250-70-700J-579420-000000-0000- J3024-J3024 $ 55,690,686.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Woodbury Bateman Cherry Coleman Price Scott Vick 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.”