Minutes 04/13/2010 - Laserfiche WebLink

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April 13. 2010 Next Steps Following Council Action: . If the funds are appropriated, the Director of DBHS will ensure the funds are utilized to provide services to NGRI acquittees. Motion by Mr. Heretick, and seconded by Ms. Psi mas, to adopt the following ordinance, and was adopted by the following vote: "ORDINANCE APPROPRIATING $500 OF DISCHARGE ASSISTANCE FUNDS ALLOCATED BY THE DEPARTMENT OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES TO THE PORTSMOUTH DEPARTMENT OF BEHAVIORAL HEAL THCARE SERVICES AND APPROPRIATING SAID FUNDS IN THE FY 2009-2010 BEHAVIORAL HEAL THCARE SERVICES FUNDS TO PROVIDE SERVICES FOR PERSONS FOUND NOT GUILTY BY REASON OF INSANITY WHO RESIDE IN THE CITY." Ayes: Heretick, Moody, Psi mas, Randall, Smith, Whitehurst, Holley Nays: None 10 - 176 - Adoption of an ordinance concerning two Good Neighbor Agreements, one with the Southeastern Public Service Authority of Virginia and the other with Wheelabrator Portsmouth Inc., and also authorizing conveyance of certain real estate. Vision Principle: Bold New Directions. Background: . Since approximately 1983, SPSA has operated certain Waste-to-Energy ("WTE") Facilities in Portsmouth. On a chronic basis since that time, the WTE Facilities have created problems with community quality and the environment. SPSA is now about to divest itself of the WTE Facilities by selling them to Wheelabrator Portsmouth Inc. ("Wheelabrator"). In connection with that sale, Portsmouth has negotiated agreements to ensure that the WTE Facilities will be operated properly in the future. In exchange for these enforceable rights, Portsmouth will convey certain minor real estate interests to SPSA. The real estate in question is needed for the continued proper operation of the WTE Facilities, which provide electricity and steam to the United States Navy. Discussion: . There are two agreements, both called "Good Neighbor Agreements." One is for the principal WTE facilities, which will ultimately be owned and operated by Wheelabrator. The other is for a small property that will be retained by SPSA, primarily for vehicle maintenance and related purposes. . The Good Neighbor Agreements address issues of air emissions, odor, water runoff, soil contamination, a vehicle control plan, the appearance of the WTE Facilities, the appearance of the approach roads, responsible corporate citizenship, and payment of taxes. . The agreements result from nearly a year of negotiations with Wheelabrator and SPSA. They are expected to result in tangible improvements to community quality and to the environment. . The agreements and the real estate conveyance are contingent on SPSA consummating its sale of the WTE Facilities to Wheelabrator. Financial Impact: . The agreements themselves will not have any material financial impact on the City. However, once the WTE Facilities are sold to Wheelabrator, the facilities will become taxable. Their revised assessed value will have to be determined by the City Assessor. Wheelabrator will owe real estate taxes based on the new assessed value starting in 2011. In addition, once the closing is complete, SPSA will pay to Portsmouth the sum of $850,000 to settle an outstanding dispute over a service charge from SPSA to Portsmouth.