Minutes 09/08/2009 - Laserfiche WebLink

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September 8. 2009 Motion by Ms. Psi mas, and seconded by Mr. Heretick, to adopt the following resolution, and was adopted by the following vote: "RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXCEED BY 25% OR MORE THE EBONY HEIGHTS NEIGHBORHOOD IMPROVEMENTS CONTRACT IN ORDER TO EXPAND SIGNIFICANTLY THE SCOPE OF THE ORIGINAL PROJECT. WHEREAS, the City Engineer's Office recently solicited bids for the construction of certain drainage outfall improvements in Ebony Heights, one of the City's four priority neighborhoods for neighborhood drainage and street improvements; and WHEREAS, the lowest bid would allow the City to expand the scope of the improvements in the current phase to include additional piping currently scheduled in a later phase of the total project; and WHEREAS, the cost of expanding the scope of the current project phase will exceed the original contract amount by more than 25% but will still remain within the original project budget of $1 ,764,847; and WHEREAS, Section 12-183 of the City Code requires Council approval to exceed an original contract amount by more than 25% or $50,000, whichever is greater; and WHEREAS, the original contract amount is $756,753, and the projected cost of the piping is an additional $350,000. NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia that, pursuant to Section 12-183 of the City Code, the City Engineer is authorized to expend the additional funds necessary to include the proposed piping within the current phase of the Ebony Heights project." Ayes: Heretick, Psi mas, Randall, Smith, Whitehurst, Holley Nays: None - City Manager's Report - 09 - 460 - Adoption of an ordinance to repeal the present Section 24-255 of the Code of the City of Portsmouth (2006) and to replace it with a new Section 24-255 pertaining to unlawful excessive sound. Vision Principle: Bold New Directions. Background: . Portsmouth, like most other localities, has for many years had an ordinance prohibiting excessive sound or noise. It is so complicated and difficult to enforce that it has rarely if ever been enforced in recent years. A few months ago, the Supreme Court of Virginia declared the Virginia Beach excessive sound ordinance to be illegal. While the Virginia Beach ordinance was not identical to ours, this court decision gave us the impetus to revise our old ordinance in order to make it both practical for enforcement purposes and legal. Many localities throughout Virginia are now in the process of updating their sound ordinances because of the recent court decision. Discussion: . The new ordinance makes excessive sound illegal. . Certain types of excessive sound are illegal per se, with no requirement of a sound meter. . Other types of excessive sound require measurement by a sound meter. . The ordinance has been reviewed and approved by the Commonwealth's Attorney.