Minutes 11/22/2005 - Laserfiche WebLink

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November 22. 2005 Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley Nays: None 05 - 534 - Adoption of an ordinance to amend Chapter 11 of the City Code, by repealing Articles 1 and 2, and adopting a new Article 1 pertaining to erosion and sediment control. There will be no financial impact on the City. Vision Principle: Neighborhood and Community Transformation. Background: . OCR implemented statewide Erosion and Sediment Control (E&SC) regulations in the mid seventies, requiring cities to implement E&SC programs to protect state waters by minimizing the amount of sediment loss and controlling erosion from construction sites. The Virginia Erosion & Sediment Control Law (VESCL) requires that OCR periodically conduct program reviews of all local erosion control programs and assess them for effectiveness. . The City adopted its E&SC ordinance in November 1975 as part of Chapter 32 of the Portsmouth City Code. It is now in Chapter 11 of the Portsmouth City Code. . The City's Erosion and Sediment Control program was reviewed by OCR and found to be "inconsistent" with the state's current mandated program. Correction of this deficiency requires substantial revision of the City's existing E&SC ordinance or adoption of OCR's model ordinance, the latter being their preference. Discussion: . In the South Hampton Roads area, the cities of Chesapeake, Hampton, Poquoson, Virginia Beach and Suffolk use the state's model ordinance. Other localities such as Norfolk and Newport News use custom ordinances that are based on the state's model ordinance. . The major differences found between the state's Model Ordinance and the City's current ordinance include: the state uses variances, the City uses waivers; the state requires the penalty for violations to be a Class I misdemeanor, the City specifies misdemeanor; the state exempts state agencies, the City does not; the state reflects the latest E&S Law revisions, the City does not; the state specifies the required biweekly inspection schedule, the City specifies periodic inspections; and the City insufficient definitions for several required words. . Financial Impact: There will be no financial impact on the City. Staff Recommends: Adoption of an ordinance to amend Chapter 11 of the City Code, by repealing Articles 1 and 2, and adopting a new Article 1 pertaining to erosion and sediment control. There will be no financial impact on the City. Vision Principle: Neighborhood and Community Transformation. Next Steps Following Council Action: . Provide a copy of the adopted model ordinance to OCR. . The Department of Public Works will continue to implement the E&SC program. Motion by Ms. Psi mas, and seconded by Ms. Randall, to adopt the following ordinance, and was adopted by the following vote: "ORDINANCE TO AMEND CHAPTERS 11 AND 11.1 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA BY REPEALING ARTICLES 1 AND 2 OF CHAPTER 11 AND BY ADOPTING A NEW ARTICLE 1 THERETO AND BY ADOPTING NEW SECTIONS 11.1-7 AND 11.1-8 PERTAINING TO EROSION AND SEDIMENT CONTROL." Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley Nays: None 05 - 535 - Adoption of an ordinance to enable service-connected disability retirees with City-provided health insurance and annual retirement allowances under $20,000 to receive health insurance at reduced rates (active employee rates versus retiree rates). Vision Principle: Bold New Directions.