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 11, 2013 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation - Rev. Synetheia N. Newby, Gethsemane Baptist Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations 1. Resolution of Appreciation: Kenneth L. Jones E. Public Hearings None Advertised F. Consent Agenda 1. Minutes of the Special Meeting of May 23, 2013 2. Minutes of the Special Meeting of May 24, 2013 3. Minutes of the Work Session of May 28, 2013 4. Minutes of the Special Meeting of May 28, 2013 5. Minutes of the Regular Meeting of May 28, 2013 6. Minutes of Special Meeting of June 5, 2013 7. Ordinance Amending City Code, Chapter 2, Administration; Article XXXVI., Administration of Self-Insurance Funds; Division 3., Rules Applicable to Both Funds; Section 2-745, Notice to Self-Insurance Administrator G. Other City Council Actions 1. 1 of 2: Resolution Authorizing the Interim City Manager to Execute a Governor's Development Opportunity Fund (GOF) Performance Agreement by the City of Newport News, Virginia, the Economic Development Authority (EDA) of Newport News, and ISF (USA), LLC (High Liner Foods (USA), Inc.) 2. 2 of 2: Resolution Authorizing the Acceptance of a $250,000 Governor's Development Opportunity Fund (GOF) Grant through the Commonwealth of Virginia and Appropriating the $250,000 Grant to the Economic Development Authority (EDA) of the City of Newport News, Virginia 3. Resolution Authorizing the Interim City Manager to Execute a Modification of Lease between John R. Lawson and the City for Space Located at 611 Dresden Drive for Use by the Newport News Police Department (NNPD) Central Precinct 4. Ordinance Amending and Reordaining City Code, Chapter 29, Parks, Squares and Recreational Facilities; Article I., In General; Section 29-5; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc.; Sections 29-23; 29-24; 29-53; and Article IV., Virginia War Museum; Section 29-76; and Repealing Article II., Section 29-22.1; 29-23.2; All Related to Fees/Charges 5. Ordinance Amending and Reordaining City Code, Chapter 29, Parks, Squares and Recreational Facilities; Article I., In General; Sections 29-4; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc.; Sections 29-20; 29-27; 29-28; 29-29; 29-31; 29-32; 29-33; 29-34; 29-36; 29-37.1; 29-38; 29-39; 29-40; 29-42; 29-43; 29-45; 29-46; 29-47; 29-47.1; 29-48; 29-49; 29-50; 29-51; 29-52; and Repealing Article I., In General; Sections 29.1; 29.2; 29.9; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc.; Sections 29.35; and Article IV., Virginia War Museum; Sections 29.74 and 29.75; All Related to Miscellaneous Revisions 6. Ordinance Amending and Reordaining City Code, Chapter 29, Parks, Squares and Recreational Facilities; Section 29-6; and Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc.; Sections 29-25 and 29-26; All Affected by Constitutional Law H. Appropriations 1. Newport News Police Department (NNPD) - Department of State Police: Eliminate Auto Theft (H.E.A.T.) Grant - $1,696 2. Department of Juvenile Services (DJS) - Juvenile Accountability Block Grant (JABG) - $27,365 3. Newport News Police Department (NNPD) - Asset Forfeiture Funds: Training and Equipment Purchase - $125,000 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. Vick 5. Whitaker 6. Woodbury 7. Bateman 8. Coleman 9. Price 10. Scott 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. Synetheia N. Newby, Gethsemane Baptist Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. None Advertised F. Consent Agenda 1. Minutes of the Special Meeting of May 23, 2013 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of Special Meeting of May 23, 2013 F. Consent Agenda 2. Minutes of the Special Meeting of May 24, 2013 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of Special Meeting of May 24, 2013 F. Consent Agenda 3. Minutes of the Work Session of May 28, 2013 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of Work Session of May 28, 2013 F. Consent Agenda 4. Minutes of the Special Meeting of May 28, 2013 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of Special Meeting of May 28, 2013 F. Consent Agenda 5. Minutes of the Regular Meeting of May 28, 2013 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of Regular Meeting of May 28, 2013 F. Consent Agenda 6. Minutes of Special Meeting of June 5, 2013 ACTION: N/A BACKGROUND: N/A FISCAL N/A IMPACT: Supporting Material Minutes of Special Meeting of June 5, 2013 F. Consent Agenda 7. Ordinance Amending City Code, Chapter 2, Administration; Article XXXVI., Administration of Self-Insurance Funds; Division 3., Rules Applicable to Both Funds; Section 2-745, Notice to Self-Insurance Administrator ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 2, ADMINISTRATION; ARTICLE XXXVI., ADMINISTRATION OF SELF- INSURANCE FUNDS; DIVISION 3., RULES APPLICABLE TO BOTH FUNDS; SECTION 2-745, NOTICE TO SELF-INSURANCE ADMINISTRATOR BACKGROUND: l In its recent session, the General Assembly moved Section 8.01-222, regarding six (6) months notice be provided to municipalities on tort claims to Section 15.2-209 of the Code of Virginia. l This proposed ordinance amendment to City Code reflects the change in State law. l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Ord Amdmnt on Self-Insurance Ord Amending Sec. 2-745 sdm11754 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXXVI., ADMINISTRATION OF SELF-INSURANCE FUNDS, SECTION 2-745, NOTICE TO SELF- INSURANCE ADMINISTRATOR. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 2, Administration, of the Code of the City of Newport News, Virginia, Article XXXVI., Administration of Self-Insurance Funds, Section 2-745, Notice to self-insurance administrator, be, and the same hereby is, amended and reordained as follows: CHAPTER 2 ADMINISTRATION ARTICLE XXXVI. ADMINISTRATION OF SELF-INSURANCE FUNDS DIVISION 3. RULES APPLICABLE TO BOTH FUNDS Sec. 2-745. Notice to self-insurance administrator. An officer, employee or volunteer against whom an automobile liability claim or a general liability claim is asserted shall forthwith notify the self-insurance administrator or the office of the city attorney in writing. (1) The notice so given shall not be deemed to make such officer, employee or volunteer an agent of the claimant for purposes of Section 10.04 of the Charter of the city or Section 8.01-22215.2-209 of the Code of Virginia, nor shall it be deemed to constitute a waiver by the City of Newport News of such charter or statutory rights to notice. (2) The notice so given shall contain sufficient particulars to identify the officer, employee or volunteer and to determine the time, place and circumstances of the occurrence, including the names and addresses of persons injured and witnesses. (3) An officer, employee or volunteer of the city who is served with legal process shall forthwith deliver it to the office of the city attorney.  2. That this ordinance shall be in effect on and after the date of its adoption, June 11, 2013. 2 G. Other City Council Actions 1. 1 of 2: Resolution Authorizing the Interim City Manager to Execute a Governor's Development Opportunity Fund (GOF) Performance Agreement by the City of Newport News, Virginia, the Economic Development Authority (EDA) of Newport News, and ISF (USA), LLC (High Liner Foods (USA), Inc.) ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING AND DIRECTING THE INTERIM CITY MANAGER TO EXECUTE A GOVERNOR'S DEVELOPMENT OPPORTUNITY FUND (GOF) PERFORMANCE AGREEMENT BY AND AMONG THE CITY OF NEWPORT NEWS, VIRGINIA, THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) OF THE CITY OF NEWPORT NEWS, VIRGINIA, AND ISF (USA), LLC (ISF or the COMPANY) FOR THE EXPANSION OF HIGH LINER FOODS (USA), INC. BACKGROUND: l The Company has announced a significant expansion of certain operations to increase its capacities in the City of Newport News. l The Company’s total investment for this expansion includes $6.6 million in real estate and machinery and tools improvements, and the creation of approximately 57 new jobs at the facility. l In order for the City to receive the GOF grant from the Commonwealth of Virginia, a tri-party GOF Performance Agreement is required between the City, the EDA and ISF. l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re High Liner Foods Expansion Reso Authorizing Execution of Governor's Development Opportunity Fund Performance Agreement sdm11755 RESOLUTION NO. ____________________ A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, A GOVERNOR’S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT BY AND AMONG THE CITY OF NEWPORT NEWS, VIRGINIA (“THE CITY”), THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA (“THE EDA”), AND ISF (USA), LLC (“ISF”). WHEREAS, ISF has announced the expansion of certain operations in Newport News to increase its capacities in the manufacturing of value-added frozen seafood products at its manufacturing facility in the City of Newport News, Virginia ( “the Facility”), and the creation of a significant number of new jobs at the Facility; and WHEREAS, ISF plans to invest $1.65 million in new real estate improvements in the Facility and $4.95 million in new machinery and tools at the Facility, and to create approximately 57 new jobs at the Facility with annual salaries averaging $35,422 (collectively, the “ISF Project”); and WHEREAS, the City has been awarded a grant of and expects to receive $250,000 from the Governor’s Development Opportunity Fund (a “GOF Grant”) through the Virginia Economic Development Partnership Authority for the purpose of inducing ISF to expand, equip and improve the Facility; and WHEREAS, in order for the City to receive the GOF Grant from the Commonwealth of Virginia, a tri-party Governor’s Development Opportunity Fund Performance Agreement is required between the City, the EDA and ISF; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby authorizes and directs the City Manager to execute and the City Clerk to attest, on behalf of the City of Newport News, Virginia, any and all documents necessary to effectuate and implement a Governor’s Development Opportunity Fund Performance Agreement by and among the City of Newport News, Virginia, the Economic Development Authority of the City of Newport News, Virginia, and ISF (USA), LLC.. 2. That the City Attorney shall review and approve all such documents as to form and legality prior to their execution.  3. That this resolution shall be in effect on and after the date of its adoption, June 11, 2013. G. Other City Council Actions 2. 2 of 2: Resolution Authorizing the Acceptance of a $250,000 Governor's Development Opportunity Fund (GOF) Grant through the Commonwealth of Virginia and Appropriating the $250,000 Grant to the Economic Development Authority (EDA) of the City of Newport News, Virginia ACTION: A REQUEST TO APPROVE A RESOLUTION ACCEPTING $250,000 FROM THE GOVERNOR'S DEVELOPMENT OPPORTUNITY FUND (A "GOF GRANT") THROUGH THE COMMONWEALTH OF VIRGINIA FOR THE ISF EXPANSION PROJECT (HIGH LINER FOODS (USA), INC.) AND APPROPRIATING THE $250,000 GOF GRANT TO THE ECONOMIC DEVELOPMENT AUTHORITY (EDA) OF NEWPORT NEWS, VIRGINIA BACKGROUND: l The City has been awarded a GOF grant in the amount of $250,000 for the purpose of inducing ISF to expand, equip and improve its facility. FISCAL IMPACT: l Acceptance of the $250,000 and the appropriation of the funds to the EDA is necessary to facilitate the ISF Expansion Project. l The Interim City Manager recommends approval. Supporting Material Appropriation re Governor's Opportunity Fund Grant and Acceptance sdm11779 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM GOVERNOR’S OPPORTUNITY FUND TO PAYMENT/GOVERNOR’S OPPORTUNITY FUND. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Governor’s Opportunity Fund to Payment/Governor’s Opportunity Fund, as follows: Appropriation From: Governor’s Opportunity Fund 6400-750-39-3930-464014-000000- 0000-00000 $ 250,000.00 Appropriation To: Payment/Governor’s Opportunity fund 6400-750-39-3930-596416-000000- 0000-00000 $ 250,000.00 G. Other City Council Actions 3. Resolution Authorizing the Interim City Manager to Execute a Modification of Lease between John R. Lawson and the City for Space Located at 611 Dresden Drive for Use by the Newport News Police Department (NNPD) Central Precinct ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A MODIFICATION OF LEASE BETWEEN JOHN R. LAWSON AND THE CITY OF NEWPORT NEWS, VIRGINIA, FOR APPROXIMATELY 8,000 SQUARE-FEET OF SPACE LOCATED AT 611 DRESDEN DRIVE FOR USE BY THE CITY OF NEWPORT NEWS POLICE DEPARTMENT (NNPD) CENTRAL PRECINCT. BACKGROUND: l The City of Newport News (City) leases approximately 8,000 square-feet of space located at 611 Dresden Drive for use by NNPD as its Central Precinct. l The original lease, created April 20, 1998, expires on June 30, 2013. l City Administration has determined extending the lease for two (2) consecutive five-year periods is advantageous to the City. FISCAL IMPACT: l Other than extending the term and reducing the escalation percentage from 10% to 7.5% per five- year-period, all other terms of the original lease shall remain in effect. l The Interim City Manager recommends approval. Supporting Material CM Memo re Lease Modification for NNPD Central Precinct Authorizing Ord re Modification to Lease between John R. Lawson and City sdml 1743 RESOLUTION NO A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN MODIFICATION TO LEASE DATED APRIL 20, 1998 BY AND BETWEEN JOHN R. LAWSON, SUCCESSOR TO MINKOFF, POWELL & CRITES (LANDLORD), CITY OF NEWPORT NEWS (TENANT) AND DRUCKER & FALK, LLC (AGENT), DATED THE 1 l DAY OF JUNE, 2013. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: 1. That it hereby authorizes and directs the City Manager to execute and the City Clerk to attest, on behalf of the City ofNewport News, Virginia, that certain Modification to Lease Dated April 20, 1998 by and between John R. Lawson, successor to Minkoff, Powell & Crites (Landlord), City ofNewport News (Tenant) and Drucker & Falk, LLC (Agent) dated the 11 ofJune, 2013. 2. That a copy of the said Modification to Lease is attached hereto and made a part hereof. 3. That this resolution shall be in effect on and after the date of its adoption, June 11, 2013.  MODIFICATION TO LEASE DATED APRIL 20, 1998 BY AND BETWEEN JOHN R. LAWSON, SUCCESSOR TO MINKOFF, POWELL & CRITES (LANDLORD), CITY OF NEWPORT NEWS (TENANT) AND DRUCKER & FALK, LLC (AGENT) This Modification to the Lease dated April 20, 1998 is made as of this 11th day of June, 2013, By and Between John R. Lawson, successor to Minkoff, Powell & Crites, herein called Landlord, City of Newport News, herein called Tenant, and Drucker & Falk. LLC, herein called Agent. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, and the arrangements herein contained, it is covenanted and agreed by the parties as follows: WHEREAS, by Lease dated April 20, 1998 Landlord leased Tenant certain premises being part of the property situated at 611 Dresden Drive, Newport News, Virginia, and more particularly described in the aforementioned Lease, and; WHEREAS, Landlord and Tenant desire to renew said Lease. THEREFORE, Landlord and Tenant mutually agree to extend the Lease under the following conditions: FIRST: The renewal Term will be for a period of five (5) years commencing July 1, 2013 and continuing through June 30, 2018. Landlord and Tenant mutually agree to modify the base rent structure as follows: Period Monthly Period Total July 1,2013—June 30, 2018 $4,769.42 $286,165.20 The total base rent payable over the Renewal Term is Two Hundred Eighty Six Thousand One Hundred Sixty Five Dollars and 20/100 ($286,165.20). SECOND: Tenant shall have one five-year renewal option. To exercise said option, Tenant must provide written notice to Landlord by February 28, 2018. Base rent for the renewal option is as follows: Period Monthly Period Total July 1,2018—June 30, 2023 $5,127.13 $307,627.80  _____________________________ MODIFICATION TO LEASE DATED APRIL 20, 1998 BY AND BETWEEN JOHN R. LAWSON, SUCCESSOR TO MINKOFF, POWELL & CRITES (LANDLORD), CITY OF NEWPORT NEWS (TENANT) AND DRUCKER & FALK, LLC (AGENT) The total base rent payable over the Renewal Term is Three Hundred Seven Thousand Six Hun dred Twenty Seven Dollars and 80/100 ($307,627.80). THIRD: Landlord notice address is John R. Lawson, do W. M. Jordan, 11010 Jefferson Ave nue, Newport News, Virginia 23601. This Modification dated June 11, 2013 is hereby made a part of the Lease dated April 20, 1998 and is incorporated and made a part thereof except so much as to be inconsistent with the provi sions herein. Should you have any questions prior to signing this Modification, please consult an attorney. LANDLORD: JOHN R. LAWSON By: (Date) TENANT: CITY OF NEWPORT NEWS By: Interim City Manager (Date) ATTEST: City Clerk APPROVED AS TO FORM: City Attorney AGENT: DRUCKER & FALK, LLC By: Drucker & Falk, Inc., its Manager By:______________________ Alan E. Meetze Director G. Other City Council Actions 4. Ordinance Amending and Reordaining City Code, Chapter 29, Parks, Squares and Recreational Facilities; Article I., In General; Section 29-5; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc.; Sections 29-23; 29-24; 29-53; and Article IV., Virginia War Museum; Section 29-76; and Repealing Article II., Section 29-22.1; 29-23.2; All Related to Fees/Charges ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 29, PARKS, SQUARES AND RECREATIONAL FACILITIES; ARTICLE I., IN GENERAL; SECTION 29-5; ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., SECTIONS 29-23; 29-24; 29-53; AND ARTICLE IV., VIRGINIA WAR MUSEUM; SECTION 29-76; AND REPEALING ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., SECTIONS 29- 22.1; AND 29-23.2; ALL RELATED TO FEES/CHARGES BACKGROUND: l The City Attorney's office and the Department of Parks, Recreation and Tourism has reviewed City Code and its ordinances related to the Parks and Recreation division. l They have determined that revisions were needed to Chapter 29 to ensure compliance with other State and/or Federal statutes. l The proposed Ordinance modifications in this item for City Council action require formal codification of different fees and charges for Parks and Recreation facilities, programs and events to ensure a more competitive posture in the market serving these facilities. l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Parks and Rec Code Amdmnts Ord Amending Parks and Rec - Fees sdm11759 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 29, PARKS, SQUARES AND RECREATIONAL FACILITIES, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, SECTION 29-5, APPOINTMENT, QUALIFICATIONS AND GENERAL POWERS AND DUTIES OF DIRECTOR OF PARKS AND RECREATION; ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., SECTION 29-23, GOLF COURSE FEES AND REGULATIONS; SECTION 29-24, HUNTINGTON PARK TENNIS CENTER FEES; SECTION 29-53, ESTABLISHMENT OF FEES FOR THE USE OF CITY-OWNED WATERFRONT FACILITIES; ARTICLE IV., VIRGINIA WAR MUSEUM, SECTION 29-76, CHARGES FOR ACCESS AND USE; AND REPEALING SECTION 29-23.2, LADIES’ DAY. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 29, Parks, Squares and Recreational Facilities, of the Code of the City of Newport News, Virginia, Article I., In General, Section 29-5, Appointment, qualifications and general powers and duties of director of parks and recreation; Article II, General Regulations Governing Parks, Squares, Beaches, Golf Courses, Etc., Section 29-23, Golf course fees and regulations,; Section 29-24, Huntington Park Tennis Center fees; and Section 29-53, Establishment of fees for the use of city-owned waterfront facilities; Article IV., Virginia War Museum, Section 29-76, Charges for access and use, be, and the same hereby is, amended and reordained as follows: CHAPTER 29 PARKS, SQUARES AND RECREATIONAL FACILITIES ARTICLE I. IN GENERAL Sec. 29-5. Appointment, qualifications and general powers and duties of director of parks and recreation. (a) The director of parks and recreation shall be appointed by the city manager. The director of parks and recreation shall be the head of the department of parks and recreation, and such director shall be a person trained and experienced in recreation activities with experience in the administration of public recreation or parks. (b) The director of parks and recreation shall have general management and control of the several bureaus, divisions and other units of the department of parks and recreation.  (c) The director of parks and recreation shall have the authority to establish charges and fees for use of certain parks and recreation facilities, events, and activities. Such charges and fees shall be subject to final written approval by the city manager prior to implementation. ARTICLE II. GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC. Sec. 29-23. Golf course fees and regulations. (a) The following fees and regulations shall be charged and enforced for the nontournament use of any golf course owned by the city: 1. Deer Run Championship Course: a. 18 holes--$16.00 weekdays and $17.00 on weekends and holidays. b. 18 holes for elementary and high school student members on weekdays and after 1:00 p.m. on weekends and holidays--$5.75. c. 18 holes for members sixty (60) years of age and older on weekdays and after 1:00 p.m. on weekends and holidays--$9.00. d. The use of a motorized golf cart is required for play on the Deer Run Championship course and a cart rental fee as set by the City Manager must be paid. 2. Cardinal Course: a. 18 holes--$16.00 on weekdays and $17.00 on weekends and holidays. b. 9 holes--$9.00 on weekdays and $10.00 on weekends and holidays. c. 18 holes for elementary and high school student members on weekdays and after 1:00 p.m. on weekends and holidays--$5.75. d. 9 holes for elementary and high school student members on weekdays and after 1:00 p.m. on weekends and holidays--$3.75. e. 18 holes for members sixty (60) years of age or older, on weekdays and after 1:00 p.m. on weekends and holidays--$9.00. 2  f. 9 holes for members sixty (60) years of age or older, on weekdays and after 1:00 p.m. on weekends and holidays--$6.00. g. If a golfer wishes to use a motorized golf cart, a rental fee for same as set by the City Manager must be paid. 3. To be eligible for membership rates, elementary and high school students must register at the course and show proof of age or show student identification cards. 4. To be eligible for membership rates, senior citizens must show proof of Virginia residency and proof of age. 5. The city manager is hereby authorized to establish golf course fees and regulations that modify the fees and regulations specified herein. The fee structure authorized by the city manager for the City’s golf facilities shall ensure a competitive posture with regard to the market served by those facilities. 6. Inclement weather policy: a. If a player has hit his tee shot on the first hole and has not completed the ninth hole, he shall receive a refund for nine (9) holes of play. b. If a player has hit his tee shot on the tenth hole, he shall be charged for eighteen (18) holes of play. (b) Regulations and charges governing tournament play on any golf course owned by the City: 1. Tournament charges: a. Club and championship tournament rates on the Championship Course shall be thirty-six dollars ($36.00) per person, including motorized golf cart for eighteen (18) holes. b. Club and championship tournament rates on the Cardinal Course shall be twenty-seven dollars ($27.00) per person, without motorized golf cart and thirty-six dollars ($36.00) per person, including motorized golf cart. c. Club and championship tournament rates for tournaments sponsored by the Deer Run Men's Golf Association, the Old Dominion Golf Association, and the Deer Run Ladies Golf Association shall be thirty-one dollars ($31.00) 3  per person, including motorized golf cart, for eighteen (18) holes on the Championship Course. d. Club and championship tournament rates for tournaments sponsored by the Deer Run Men's Golf Association, the Old Dominion Golf Association, and the Deer Run Ladies Golf Association on the Cardinal Course shall be thirty-one dollars ($31.00) per person, including motorized golf cart, for eighteen (18) holes and twenty-two dollars ($22.00) per person, without motorized golf cart for eighteen (18) holes. e. Club and championship tournament rates for tournaments sponsored by the Deer Run Men's Golf Association, the Old Dominion Golf Association, and the Deer Run Ladies Golf Association on the Cardinal Course shall be sixteen dollars and fifty cents ($16.50) per person, including motorized golf cart, for nine (9) holes and twelve dollars ($12.00) per person, without motorized golf cart for nine (9) holes. f. Club tournament charges shall be paid to the golf professional no later than six (6) days prior to the start of the tournament. g. Championship tournament organizers shall be required to make a two thousand six hundred dollar ($2,600.00) cash deposit or to furnish a two thousand six hundred dollar ($ 2,600.00) payment bond with the golf professional no later than six (6) days prior to the tournament, with the remaining fees being paid before the first tee time of the tournament. h. No refunds shall be paid for participants who fail to show up for tournaments. i. Tournament inclement weather policy: (1) The final decision to play or not is the responsibility of the golf professional. He may discuss the condition of the course with the golf course superintendent (green keeper) and one tournament official before making his decision. (2) Should it be decided that the weather conditions are too severe to commence play, every effort will be made to reschedule the event to a date that is satisfactory to both the city and the tournament sponsor. If a date cannot be agreed upon, the sponsor will be refunded the total cash deposit. (3) Should it be decided to discontinue play because of inclement 4  weather conditions once the tournament has begun, players on the course shall have the right to complete their round. However, the tournament sponsor shall be responsible for the cost of playing said round or any portion thereof, in conformance with the following policy: (i) If a player has hit his tee shot on the first hole and has not completed the ninth hole, the tournament shall be charged for nine (9) holes of play for that player. (ii) If a player has hit his tee shot on the tenth hole, the tournament shall be charged for eighteen (18) holes of play for that player. (iii) In the event a tournament is not rescheduled, all fees for partial and complete rounds will be deducted from the tournament sponsor's deposit. (iv) If the tournament is rescheduled and any rounds have to be replayed, cost for additional nine (9) and/or eighteen (18) hole rounds will be borne by the tournament sponsor. j. The green, fees herein set out, shall in no case be suspended or relieved without the approval of the city manager. The director is authorized to establish a schedule of charges for use and access to the golf courses owned and operated by the city. Such fees and charges shall be approved in writing by the city manager before implementation. Sec. 29-24. Huntington Park Tennis Center fees. (a) The following fees shall be charged for use of the courts at the Huntington Park Tennis Center: (1) Day rates:$4.00 per court per hour. (2) Night rates:$5.00 per court per hour. (b) Players who begin play after the hour, but before the half hour, will be required to pay the full hourly rate in accordance with above rate schedule. Players who begin play after the half hour will be required to pay one-half (½) the amount indicated in the above rate schedule. 5  (c) The city manager is hereby authorized to establish fees that modify the fees specified herein. The fee structure authorized by the city manager for the Huntington Park Tennis Center shall ensure a competitive posture with regard to the market served by those facilities. The director of parks and recreation is authorized to establish a schedule of charges for use and access to any tennis courts owned and operated by the city. All tennis center fees and charges shall be approved in writing by the city manager before implementation. Sec. 29-53. Establishment of fees for the use of city-owned waterfront facilities. Leeward Marina. Any person who moors or ties a vessel to any portion of the Leeward Marina, or to another boat so moored or tied, shall first obtain the permission of the marina manager for such docking privileges and shall pay the followingrequired fees. The director of parks and recreation is authorized to establish a schedule of charges for vessels using the marina. Such fees must be approved in writing by the city manager prior to implementation. (1) Pleasure vessels; overnight mooring (twenty-four (24) hours): (a) Using no power: One dollar ($1.00) per boat foot, including water. (b) Using thirty-amp power: One dollar ($1.00) per boat foot plus three dollars ($3.00) per day. (c) Using fifty-amp power: One dollar ($1.00) per boat foot plus five dollars ($5.00) per day. (2) Pleasure vessels; monthly agreement: (a) Five dollars and fifty cents ($5.50) per slip foot per month, including water. (b) A seventy-five dollar ($75.00) per person, per month fee will be assessed, in addition to normal monthly rates, for those individuals living aboard their vessel. (3) Pleasure vessels; six-month agreement: (a) Five dollars and fifty cents ($5.50) per slip foot per month, including water. (b) A seventy-five dollar ($75.00) per person, per month fee will be assessed, in addition to normal monthly rates, for those individuals living aboard their vessel. (4) Pleasure vessels; twelve-month agreement: 6  (a) The fee shall be four dollars and fifty cents ($4.50) per slip foot per month, including water. (b) A seventy-five dollar ($75.00) per person, per month fee will be assessed, in addition to normal monthly rates or annual discount rates, for those individuals living aboard their vessel. (5) Pleasure vessels; twenty-four- and thirty-six-month agreements: (a) Four dollars and fifty cents ($4.50) per slip foot, per month, for first twelve (12) months, including water. Subsequent twelve-month rates shall be the rate set out in this section provided that the agreement shall include a provision which limits increase to no more than ten (10) percent per year. (b) A seventy-five dollar ($75.00) per person, per month fee will be assessed, in addition to normal monthly rates or annual discount rates, for those individuals living aboard their vessel. (6) The sewage pump-out fee: (a) No charge for those vessels having an active lease, the rent for which is currently paid, in Leeward Marina. (b) Five dollars ($5.00) for those vessels not leasing in Leeward Marina. (7) [Late charge.] The director of parks and recreation shall establish "late charge" procedures and assess late charges for any fees due the marina. (8) [Exceptions to rates.] Exceptions to rates contained within this chapter may be granted by the city manager or his assignee, by lease or otherwise, for pleasure vessels which do not coincide with any category enumerated herein. The city manager is hereby authorized to establish fees that modify the fees specified herein. The fee structure authorized by the city manager for the Leeward Marina shall ensure a competitive posture with regard to the market served by those facilities. (9) [Rules and regulations.] The director of parks and recreation shall have the authority to promulgate rules and regulations for the operation of the marina. (10) (Vessels not meeting above criteria.] Vessels not meeting the criteria enumerated above may lease slips at the Leeward Marina on a daily or monthly basis only in accordance with the rules and regulations for the operation of the marina. 7  ARTICLE IV. VIRGINIA WAR MUSEUM Sec. 29-76. Charges for access and use. The city managerdirector of parks, recreation and tourism is authorized to establish a schedule of charges for admission and program attendance for public access and use of the museum. Such fees and charges shall be approved in writing by the City Manager before implementation. 2. That Chapter 29, Parks, Squares and Recreational Facilities, of the Code of the City of Newport News, Virginia, Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc., is hereby amended by repealing Section 29-22.1, Club membership (other), and Section 29-23.2., Ladies’ day. 8 G. Other City Council Actions 5. Ordinance Amending and Reordaining City Code, Chapter 29, Parks, Squares and Recreational Facilities; Article I., In General; Sections 29-4; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc.; Sections 29-20; 29-27; 29-28; 29-29; 29-31; 29-32; 29-33; 29-34; 29-36; 29-37.1; 29-38; 29-39; 29- 40; 29-42; 29-43; 29-45; 29-46; 29-47; 29-47.1; 29-48; 29-49; 29-50; 29-51; 29-52; and Repealing Article I., In General; Sections 29.1; 29.2; 29.9; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc.; Sections 29.35; and Article IV., Virginia War Museum; Sections 29.74 and 29.75; All Related to Miscellaneous Revisions ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING AND REORDAINING CITY CODE, CHAPTER 29, PARKS, SQUARES AND RECREATIONAL FACILITIES; ARTICLE I., IN GENERAL; SECTIONS 29-4; ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOF COURSES, ETC.; SECTIONS 29-20; 29-27; 29-28; 29-29; 29-31; 29-32; 29-33; 29-34; 29-36; 29-37.1; 29-38; 29-39; 29-40; 29-42; 29-43; 29-45; 29- 46; 29-47; 29-47.1; 29-48; 29-49; 29-50; 29-51; 29-52; AND REPEALING ARTICLE I., IN GENERAL; SECTIONS 29-1; 29-2; 29-9; ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC.; SECTIONS 29-35; AND ARTICLE IV., VIRGINIA WAR MUSEUM; SECTIONS 29-74 AND 29-75; ALL RELATED TO MISCELLANEOUS REVISIONS BACKGROUND: l The City Attorney's office and the Department of Parks, Recreation and Tourism have determined that revisions were needed to Chapter 29 to ensure compliance with other State and/or Federal statutes. l The proposed Ordinance modifications in this item for City Council action addresses compliance with State statutes and provide additional clarification or eliminate outdated restrictions. l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material Ord Amending Chapter 29 - Misc Revisions sdm11760 ORDINANCE NO. __________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 29, PARKS, SQUARES AND RECREATIONAL FACILITIES, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, SECTION 29-4, GENERAL RESPONSIBILITIES OF DEPARTMENT OF PARKS AND RECREATION; ARTICLE II. GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., SECTION 29-20, APPLICATION OF ARTICLE; DEFINITIONS; SECTION 29-27, SALE OF FOOD AND SOFT DRINKS; CANTEEN CONCESSIONS; SECTION 29-28, OPERATING OR PARKING VEHICLES IN RECREATIONAL FACILITIES GENERALLY; SECTION 29-29, VEHICLES ENTERING RECREATIONAL FACILITIES; DRIVING IN INDICATED DIRECTION; SECTION 29-31, WASHING, REPAIRING OR SERVICING VEHICLES; SECTION 29-32, USE OF NATURE TRAILS, PEDESTRIAN PATHS, ETC.; SECTION 29-33, OPERATION OF NONLICENSED MOTORIZED VEHICLES; SECTION 29-34, SKATEBOARDING; SECTION 29-36, THROWING OR DISCHARGING MISSILES; SECTION 29-37, MAKING FIRES; SECTION 29-37.1, SMOKING, USE OF TOBACCO AND TOBACCO PRODUCTS PROHIBITED; SECTION 29-38, ENTERING TOILETS OF OPPOSITE SEX; SECTION 29-39, INJURING, MOLESTING, ETC., BIRDS AND ANIMALS; SECTION 29-40, REGULATIONS FOR HORSES AND PONIES; SECTION 29-42, CLIMBING, OR ATTACHING SWING OR HAMMOCK TO TREES; SECTION 29-43, DAMAGING, ETC., RECREATION AND PARKS EQUIPMENT, ETC.; SECTION 29-45, ENTERING PROHIBITED AREAS; SECTION 29-46, CONSUMPTION AND POSSESSION OF ALCOHOLIC BEVERAGES IN OR ON RECREATION FACILITIES; EXCEPTION FOR DEER RUN GOLF COURSES, THE DOWNING-GROSS CULTURAL ARTS CENTER, LEE HALL MANSION, ENDVIEW PLANTATION, THE NEWSOME HOUSE, THE VIRGINIA WAR MUSEUM, AND THE NEWPORT NEWS PARK CAMPSITES; INTOXICATED PERSONS PROHIBITED; SECTION 29-47, CONTROL OF LITTER, ETC., AT RECREATIONAL FACILITIES; SECTION 29-47.1, PROHIBITED ITEMS ON BEACHES AND ADJACENT AREAS; SECTION 29-48, USE OF RECREATIONAL FACILITIES BY CHILDREN UNDER THE AGE OF SIX; SECTION 29-49, USE OF ELECTRONIC METAL-DETECTING DEVICES; SECTION 29-50, REGULATIONS FOR DOGS; SECTION 29-51, FISHING; AND SECTION 29-52, USE OF PROGRAMS AND FACILITIES, ETC.; AND REPEALING ARTICLE I., IN GENERAL, SECTION 29-1, NAMING AND DEDICATION OF HUNTINGTON PARK; SECTION 29-2, DEDICATION OF BLOCK 49, POINTS OF PINES AND LAKEVILLE, AS PARK; AND SECTION 29-9, REPAIR OF BUILDINGS, DRIVES AND WALKS IN PARKS; ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., SECTION 29-35, CARRYING WEAPONS; AND ARTICLE IV., VIRGINIA WAR MUSEUM, SECTION 29-74, AUTHORIZED USES OF BUILDING; AND SECTION 29-75, RESTROOMS. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia:  1. That Chapter 29, Parks, Squares and Recreational Facilities, of the Code of the City of Newport News, Virginia, Article I., In General, Section 29-4, General responsibilities of department of parks and recreation; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, Etc., Section 29-20, Application of article; definitions; Section 29-27, Sale of food and soft drinks; canteen concessions; Section 29-28, Operating or parking vehicles in recreational facilities generally; Section 29-29, Vehicles entering recreational facilities; driving in indicated direction; Section 29-31, Washing, repairing or servicing vehicles; Section 29-32, Use of nature trails, pedestrian paths, etc.; Section 29-33, Operation of nonlicensed motorized vehicles; Section 29-34, Skateboarding; Section 29-36, Throwing or discharging missiles; Section 29-37, Making fires; Section 29-37.1, Smoking, use of tobacco and tobacco products prohibited; Section 29-38, Entering toilets of opposite sex; Section 29-39, Injuring, molesting, etc., birds and animals; Section 29-40, Regulations for horses and ponies; Section 29-42, Climbing, or attaching swing or hammock to trees; Section 29-43, Damaging, etc., recreation and parks equipment, etc.; Section 29-45, Entering prohibited areas; Section 29-46, Consumption and possession of alcoholic beverages in or on recreation facilities; exception for Deer Run Golf Courses, the Downing-Gross Cultural Arts Center, Lee Hall Mansion, Endview Plantation, the Newsome House, the Virginia War Museum, and the Newport News Park campsites; intoxicated persons prohibited; Section 29- 47, Control of litter, etc., at recreational facilities; Section 29-47.1, Prohibited items on beaches and adjacent areas; Section 29-48, Use of recreational facilities by children under the age of six; Section 29-49, Use of electronic metal-detecting devices; Section 29-50, Regulations for dogs; Section 29- 51, Fishing; and Section 29-52, Use of programs and facilities, etc., be, and the same hereby is, amended and reordained as follows: CHAPTER 29 PARKS, SQUARES AND RECREATIONAL FACILITIES ARTICLE I. IN GENERAL Sec. 29-4. General responsibilities of department of parks and recreation. The department of parks and recreation shall be responsible for: (1) Organizing and conducting recreation programs for all age groups in various parts of the city; (2) Operating all public parks, grounds, playfields and playgrounds of the city, both within and without its boundaries, except those under the jurisdiction of the school board; (3) Operating all city cemeteries; 2  (43) Operating and maintaining nurseries for flowers, vines, shrubs and trees for use in the public parks, grounds, streets and ways of the city; (54) Planting and care of all flowers, vines, shrubs and trees in the public parks, grounds, streets and ways of the city; (65) Operating all buildings, museums, gardens, monuments, lakes, swimming pools, rest rooms, restaurants, refreshment stands and other facilities and establishments situated in the public parks and grounds under the jurisdiction of the department; (76) Promoting, sponsoring and managing public concerts, entertainment and other recreational activities; and (87) Exercising and performing such other powers and duties as may be assigned to the department by ordinance. ARTICLE II. GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC. Sec. 29-20. Application of article; definitions. (a) The rules and regulations embodied in this article shall apply to all park lands and waters, roadways therein, recreation facilities, structures, monuments and fountains, bathing beaches, golf courses and the flora and fauna located on park or recreation property and in waters or other properties owned by or under the jurisdiction of the city and under the temporary or permanent control or management of the department of parks and recreation.. (b) As used in this article, the term "director" means the director of parks and recreation or his duly authorized representative. (c) As used in this article, the term "recreational facility" shall be construed to mean and include all areas named in section 29-20(a). (d) As used in this article, the term "member" means those individuals with permanent addresses in the Commonwealth of Virginia. Sec. 29-27. Sale of food and soft drinks; canteen concessions. (a) The sale of food, soft drinks or other like goods is prohibited in any park or recreational facility, except from canteens, or concessions or vending machines as operated by 3 concessionaries authorized by the director. (b) The director is hereby authorized to advertise for bids for the rental of canteen concessions at any park or recreational facility on a flat rental basis payable monthly in advance to the city, and to award a contract for the operation of such concessions; based on the most advantageous bid to the city, taking into account the character, reputation, financial responsibility of the bidder and qualifications of the bidder to operate the concession in a proper and satisfactory manner. The city manager shall have the right to accept or reject any such bid. Sec. 29-28. Operating or parking vehicles in recreational facilities generally. (a) It shall be unlawful for any person to operate or park any vehicle in any park or recreational facility of the city, except on the roadways and parking areas provided for this purpose and in other areas designated for such purpose by the director. Nor shall any vehicles be parked in a manner as to impede or obstruct the normal safe flow of traffic. (b) All the provisions of Chapter 26 shall be applicable to all park or recreational facilities owned by or under the jurisdiction of the city, except those provisions specifically changed or modified by this article. Sec. 29-29. Vehicles entering recreational facilities; driving in indicated direction. No person driving a vehicle shall enter or leave any park or recreational facility except directly by the highway and then only by the roadways as laid out in such facility for that purpose, nor shall a person drive a vehicle in any direction over the roadways other than as indicated or directed by signs placed by city authority along such roadways unless designated otherwise by the director. Sec. 29-31. Washing, repairing or servicing vehicles. No person shall use any park or recreational facility for washing, repairing or servicing, other than replacing a flat tire, of any vehicle designed for self-propulsion. Abandonment of such vehicles is prohibited. If mechanical disablement occurs, immediate steps must be taken for removal. Sec. 29-32. Use of nature trails, pedestrian paths, etc. No persons other than those authorized by the director shall operate a motorized vehicle upon natural trails, pedestrian paths, bikeways or bridle paths, bikeways or bridle paths specifically designated and established for such use. Nothing in this code prevents the use of motorized 4 wheelchairs or similar devices used by persons with disabilities. Sec. 29-33. Operation of nonlicensed motorized vehicles. No person shall operate a nonlicensed motorized vehicle in any park or recreational facility unless in an area specifically designated for such use by the director. Nothing in this code prevents the use of motorized wheelchairs or similar devices used by persons with disabilities. Sec. 29-34. Skateboarding. No person shall ride or use a skateboard in any park or recreational facility unless in an area designated for such use by the director. When skateboarding in any designated area, helmets are required and must be worn. Sec. 29-36. Throwing or discharging missiles. No person shall throw or discharge any missiles, paintballs, projectiles of any type, golf balls or the like, whether by hand, slingshot, pneumatic gun or otherwise, in any park or recreational facility except in areas which are expressly set aside by the director for this particular purpose. Sec. 29-37. Making fires. No person shall make a fire in any park or recreational facility other than in grills, fireplaces or other areas as designated and approved for such use by the director. All fires shall be closely monitored and completely extinguished by persons starting and using them before those persons leave the immediate vicinity. Sec. 29-37.1. Smoking, use of tobacco and tobacco products may be prohibited or restricted. Smoking ismay be prohibited or restricted in all parks, squares, playgrounds, recreational facilities and beaches owned or operated by the City by regulations developed by the director of parks and recreation and approved in writing by the city manager. For the purpose of this section: 5  (a) Recreational facility means an area that is within 100 yards of any playground equipment, any soccer field, any baseball field, any softball field, any volleyball court, any basketball court and any football field, or within the stands or seats in proximity to said recreational facility; and (b) Smoking means the carrying or holding of any lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting of, or inhaling or exhaling the smoke of, a pipe, cigar or cigarette of any kind, or the use of tobacco or tobacco products. Sec. 29-38. Entering toilets of opposite sex. No person shall enter at any park or recreational facility or toilet set aside for the opposite sex. Sec. 29-39. Injuring, molesting, etc., birds and animals. No person shall inureinjure, molest or disturb any animals or birds, their homes or their young; nor shall any person give, make suffer or attempt to give any such animal or bird any noxious, injurious or disagreeable food, article or substance. Sec. 29-40. Regulations for horses and ponies. No person shall bring, ride or drive a horse or pony within the limits of any park or recreational facility not provided with city-maintained bridle paths or other areas designated or approved for such use by the director. Where such areas are provided, no person shall leave a horse or pony unattended. Sec. 29-42. Climbing, or attaching swing or hammock to trees. No person shall climb a tree, nor attach a swing, hammock or other object to any tree, located in any recreational facilityshrub, landscape planting or other vegetation located on city property. Sec. 29-43. Damaging, etc., recreation and parks equipment, etc. No person shall damage, deface, destroy, remove, injure or improperly use any recreation and parks property including equipment, facilities or the natural environment. Nor shall any person remove, relocate or rearrange any furniture, equipment or structure in any park or recreational facility without the approval of the director or his authorized representative. No 6 person shall stand or sit upon any fence in any recreational facilityPersons guilty of damaging, defacing, or destroying property shall be guilty of a Class 1 misdemeanor. Sec. 29-45. Entering prohibited areas No person shall enter or go upon any enclosure, lawn, slope, trail or any other area of a park or recreational facility where there is a sign prohibiting ingress. Sec. 29-46. Consumption and possession of alcoholic beverages in or on recreation facilities; exception for Deer Run Golf Courses, the Downing-Gross Cultural Arts Center, Lee Hall Mansion, Endview Plantation, the Newsome House, the Warwick Courthouse, the Leeward Municpal Marina, the Virginia War Museum and the Newport News Park campsites; intoxicated persons prohibited. (a) It shall be unlawful for any person to consume any alcoholic beverage or have in his possession any opened alcoholic beverage container while in or on a recreation facility owned by the city. (b) The Deer Run Golf Courses, the Downing-Gross Cultural Arts Center, Lee Hall Mansion, Endview Plantation, the Newsome House, the Warwick Courthouse, the Leeward Municipal Marina, the Virginia War Museum and the Newport News Park campsites shall be exempt from the operation of the prohibitions contained in subsection (a) of this section when authorized by the city manager (or his designee) and when authorization to sell or distribute beverages on premises and to consume same is granted by the appropriate alcoholic beverage control permit or license. (c) It shall be unlawful for a person who is intoxicated, whether such intoxication results from alcohol, narcotic drug or other intoxicant or drug of whatever nature, to be on the grounds or in the buildings or structures of the Deer Run Golf Courses, the Downing-Gross Cultural Arts Center, Lee Hall Mansion, Endview Plantation, the Newsome House, the Warwick Courthouse, the Leeward Municial Marina, the Virginia War Museum and the Newport News Park campsites. (d) It shall be unlawful for any person under the influence of alcohol or self- administered drugs to enter upon or utilize any other park or recreation facility owned or operated by the city. (e) Any person violating this ordinance shall be guilty of a Class 4 misdemeanor. 7 Sec. 29-47. Control of litter, etc., at recreational facilities. No person shall throw, deposit or leave any litter, refuse or rubbish of any kind in any park or recreational facility except in public receptacles and in such manner that the litter, refuse or rubbish will be prevented from being carried by the elements. Where public receptacles are not provided, all such litter, refuse or rubbish shall be carried away from the area by the person responsible for its presence and properly disposed of elsewhere. Sec. 29-47.1. Prohibited items on beaches and adjacent areas. It shall be unlawful for any person to take, carry, or have in his possession upon the sand beaches or upon any parking area or right-of-way adjacent to any of the sand beaches of the city, or any City-owned pool or pool area, any glass container. Sec. 29-48. Use of recreational facilities by children under the age of sixten. No person or guardian shall permit a child under the age of six (6)ten (10) years to make use of any park or recreational facility without providing for direct supervision for the entire period of visit. Sec. 29-49. Use of electronic metal-detecting devices. No person shall utilize any type of electronic metal-detecting device in any park or recreational facility without first obtaining written approval from the director, except for the sandy portion of the beaches of Huntington Park, Anderson Park and King-Lincoln Park. (This code shall not pertain to Parks, Recreation and Tourism employees working in an official capacity).. Sec. 29-50. Regulations for dogs. (a) No person shall permit his animal to run at large in or on any park or recreational facility, with the exception of any area designated by the City as a “dog-park”. In the case of a dog, the dog’s owner or his agent must secure the animal by a collar with a chain, cord or leash not exceeding eight (8) feet in length, and have the animal under complete and immediate control while in or on the recreational facility, except that a dog may be off-leash so long as it is in such areas and during such times as have been specifically designated for off-leash in writing by the Director of the Newport News Department of Parks and Recreation . 8  (b) The term “off-leash” for purposes of this section means that the dog is not secured by its owner or owner’s agent by a collar with a chain, cord or leash not exceeding eight (8) feet in length. Sec. 29-51. Fishing. No person shall fish from the bank or by boat in any reservoir or body of water owned by or under the jurisdiction of the city except in areas specifically designated for such use by the director of parks, recreation and tourism. Sec. 29-52. Use of programs and facilities, etc. No person shall engage in or make use of any activity, program or facility for which a fee is charged without first paying same and adhering to the rules and regulations governing use of said park or recreational facility. Issuance of a permit does not exempt any person from the rules and regulations as set forth, and the director has the authority to revoke any and all permits upon the finding of violation of any rules or regulations by any person. 2. That Chapter 29, Parks, Squares and Recreational Facilities, of the Code of the City of Newport News, Virginia, Article I., In General, is hereby amended and reordained by repealing Section 29-1, Naming and dedication of Huntington Park; Section 29-2, Dedication of Block 49, Points of Pines and Lakeville, as park; and Section 29-9, Repair of buildings, drives and walks in parks. 3. That Chapter 29, Parks, Squares and Recreational Facilities, of the Code of the City of Newport News, Virginia, Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, Etc., is hereby amended and reordained by repealing Section 29-35, Carrying weapons. 4. That Chapter 29, Parks, Squares and Recreational Facilities, of the Code of the City of Newport News, Virginia, Article IV., Virginia War Museum, is hereby amended and reordained by repealing Section 29-74, Authorized uses of building; and Section 29-75, Restrooms. 9 G. Other City Council Actions 6. Ordinance Amending and Reordaining City Code, Chapter 29, Parks, Squares and Recreational Facilities; Section 29-6; and Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, etc.; Sections 29-25 and 29-26; All Affected by Constitutional Law ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING AND REORDAINING CITY CODE, CHAPTER 29, PARKS, SQUARES AND RECREATIONAL FACILITIES; ARTICLE I., IN GENERAL; SECTION 29-6; AND ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., SECTIONS 29-25 AND 29-26; ALL AFFECTED BY CONSTITUTIONAL LAW. BACKGROUND: l The City Attorney's office and the Department of Parks, Recreation and Tourism have determined that revisions were needed to Chapter 29 to ensure compliance with other State and/or Federal statutes. l The proposed Ordinance revisions in this item for City Council action addresses the current conflict with Constitutional Law, such as freedom of speech and expression issues. l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material Ord Amending Chapter 29 - Constitutional Law sdm11757 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 29, PARKS, SQUARES AND RECREATIONAL FACILITIES, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, SECTION 29-6, RULES AND REGULATIONS OF DIRECTOR OF PARKS AND RECREATION; ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., SECTION 29-25, THEATRICALS, PARADES, MEETINGS, ETC. AND SECTION 29-26, POSTING SIGNS OR ADVERTISEMENTS; SALE OF GOODS GENERALLY. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 29, Parks, Squares and Recreational Facilities, of the Code of the City of Newport News, Virginia, Article I., In General, Section 29-6, Rules and regulations of director of parks and recreation, Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, Etc., Section 29-25, Theatricals, parades, meetings, etc. and Section 29-26, Posting signs or advertisements; sale of goods generally, be, and the same hereby is, amended and reordained as follows: CHAPTER 29 PARKS, SQUARES AND RECREATIONAL FACILITIES ARTICLE I. IN GENERAL Sec. 29-6. Rules and regulations of director of parks and recreation. (a) The director of parks and recreation shall have the authority to promulgatemake rules and regulations governing the operation and use of, and conduct in, parks, squares, playgrounds, recreation buildings and other recreation areas owned or operated by the city. When such rules and regulations are approved by the city council, it shall constitute a Class 4 misdemeanor for any person to violate any of the provisions thereof.Rules and Regulations adopted by the director and the ordinances contained in Article II of Chapter 29 as referenced in Section 29- 20 (a), apply to City festivals and special events on private and other public property (such as City Center at Oyster Point Fountain Plaza and on School Board property) on which the City has been granted permission to conduct such festivals or events. (b) The director of parks and recreation shall also have the authority to make rules and regulations, consistent with the Charter and ordinances of the city, for the conduct of the business of the department of parks and recreation. (c) The director of parks and recreation shall have the authority to make rules and regulations governing the application for special event and activity permits, under his purview, and for the operation and conduct of special events and activities on city property, and on other property for which the city has received consent to conduct or sponsor a special event or activity. Notwithstanding the above, the department of engineering may issue special event permits for activities conducted on the city’s streets and sidewalks outside of city park lands and other recreation facilities. (d) When such rules and regulations are approved by the city council, it shall constitute a Class 4 misdemeanor for any person to violate any of the provisions thereof. ARTICLE II. GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC. Sec. 29-25. Theatricals, parades, meetings, etc. and musical entertainment. No person shall have or give any theatrical or musical entertainment, nor shall any parade, procession, public gathering, public meeting, public speaking or "soap-box oratory" of any kind take place in any recreational facility, unless authorized by the directora special activity permit is issued or written consent is given by the department of parks and recreation. Sec. 29-26. Posting signs or advertisements; sale of goods generally. (a) No person, other than employees of the City of Newport News or other governmental agencies working in their official capacity, shall post, distribute, circulate or display affix any sign, notice, banner, advertisement or printed material in any recreational facility without permission of the director. (b) No person shall offer for sale or rent any goods, articles, privileges, commodities or services whatsoever or solicit for any purpose in any recreational facility, without obtaining written permission from the director, and for such time and at such places as the director may determine. This section shall not be construed to apply to the sale of food, soft drinks and other like goods pursuant to section 29-27. 2 H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Newport News Police Department (NNPD) – Department of State Police: Eliminate Auto Theft (H.E.A.T.) Grant – $1,696 2. Department of Juvenile Services (DJS) – Juvenile Accountability Block Grant (JABG) – $27,365 3. Newport News Police Department (NNPD) – Asset Forfeiture Funds: Training and Equipment Purchase – $125,000 H. Appropriations 1. Newport News Police Department (NNPD) - Department of State Police: Eliminate Auto Theft (H.E.A.T.) Grant - $1,696 ACTION: A REQUEST TO ADOPT A RESOLUTION APPROPRIATING $1,696 FROM THE HELP ELIMINATE AUTO THEFT (H.E.A.T.) GRANT (STATE FUNDING) TO THE NEWPORT NEWS POLICE DEPARTMENT (NNPD). BACKGROUND: l The City applied for and received funding for a Help Eliminate Auto Theft (H.E.A.T.) Grant to be used by NNPD. l The grant will provide $1,696 for two officers to attend a one-week seminar in Charlotte, North Carolina. FISCAL IMPACT: l No local match is required. l The Interim City Manager recommends approval. Supporting Material CM Memo re HEAT Grant to NNPD Appropriation re Help Eliminate Auto Theft (HEAT) Grant sdm11726 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM S-HEAT GRANT - VA ST POL-13 TO TRAVEL-TRAINING/MEETING EXPENSE. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from S-HEAT -VA ST POL-13 to Travel- Training/Meeting Expense, as follows: Appropriation From: S-HEAT Grant - VA St Pol-13 2600-000-23-2389-482000-000000-0000- 23N23-23N23 $ 1,696.00 Appropriation To: Travel-Training/Meeting Expense 2600-000-23-2389-555040-000000-0000- 23N23-23N23 $ 1,696.00 H. Appropriations 2. Department of Juvenile Services (DJS) - Juvenile Accountability Block Grant (JABG) - $27,365 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $27,365 FROM THE JUVENILE ACCOUNTABLITY INCENTIVE BLOCK GRANT PROGRAM (FEDERAL FUNDING) TO BE USED BY THE DEPARTMENT OF JUVENILE SERVICES (DJS). BACKGROUND: l The City has been awarded a federal grant from the Juvenile Accountability Incentive Block Grant Program for use by DJS. l This program was created by Congress to promote greater accountability in the juvenile justice system. l The grant funds will be used by DJS to continue its current programming. l The programs help reduce detention population; allow for a connectivity project to review linkages with local juvenile justice agencies and courts; and support for the Juvenile Justice Subcommittee of the Community Criminal Justice Board in developing accountability-based sanctions. FISCAL l The funding source for the local participation in this grant is IMPACT: the FY 2013-2014 Local Grant Match funds in the General Fund in the amount of $2,736. l No other local funding is required for this grant. l The City Manager recommends approval. Supporting Material CM Memo re JABG Grant to DJS Appropriation re Juvenile Accountability Block Grant (JABG) 2013 sdm11771 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM L-JUV ACC BLK GRT-13 AND F-JUV ACC BLK GRT-13 TO OTHER PROFESSIONAL SERVICES. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from L-Juv Acc Blk Grt-13 and F-Juv Acc Blk Grt-13 to Other Professional Services, as follows: Appropriation From: L-Juv Acc Blk Grt-13 2620-000-28-2890-481000-000000-0000- 23C13-23C13 $ 2,736.00 F-Juv Acc Blk Grt-13 2620-000-28-2890-483000-000000-0000- 23C13-23C13 $ 24,629.00 Appropriation To: Other Professional Services 2620-000-28-2890-530020-000000-0000- 28C13-28C13 $ 27,365.00 H. Appropriations 3. Newport News Police Department (NNPD) - Asset Forfeiture Funds: Training and Equipment Purchase - $125,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $125,000 FROM THE NEWPORT NEWS POLICE DEPARTMENT (NNPD) ASSET FORFEITURE FUND TO USE FOR TRAINING AND EQUIPMENT PURCHASES. BACKGROUND: l Asset Forfeiture funds are funds that are transferred to the Police Department as a result of officers participating in state and federal criminal cases where the defendant’s assets are seized. l NNPD will use the funds to purchase equipment and send police personnel to specialized training. FISCAL IMPACT: l The current balance in unappropriated asset forfeiture funds is $494,156 and approval of this appropriation will reduce this amount by $125,000. l The Interim City Manager recommends approval. Supporting Material CM Memo re NNPD Asset Forfeiture Funds Appropriation re Poice Asset Forfeiture Funds sdm11772 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM USE OF FUND BALANCE-S-VDCJS-13 TO TRAVEL-TRAIN/MEETING AND 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 Balance-S-VDCJS-13 to Travel- Train/Meeting and Machinery & Equipment, as follows: Appropriation From: Use of Fund Balance-S-VDCJS-13 2601-000-23-0000-452000-000000-0000- 23Y13-23Y13 $ 125,000.00 Appropriation To: Travel-Train/Meeting 2601-000-23-0000-555040-000000-0000- 23Y13-23Y13 $ 55,000.00 Machinery & Equipment 2601-000-23-0000-570010-000000-0000- 23Y13-23Y13 $ 70,000.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments Interim City Manager City Attorney City Clerk Vick Whitaker Woodbury Bateman Coleman Price Scott 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.”