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 JANUARY 10, 2017 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Rev. George Chioros, Saints Constantine and Helen Greek Orthodox Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations - None E. Public Hearings 1. None Submitted F. Consent Agenda 1. Minutes of the Special Meeting of December 13, 2016 2. Minutes of the Work Session of December 13, 2016 3. Minutes of the Regular Meeting of December 13, 2016 4. Resolution Complying with the Virginia Department of Transportation (VDOT) Requirement to Formally Add to the City's Street Maintenance Inventory an Increase in Lane Mileage of Identified Streets for Street Maintenance Payments 5. Resolution Adopting the 2017 Hampton Roads Hazard Mitigation Plan 6. Ordinance Amendment to City Code, Chapter 2, Administration; Article IV., Employee Benefits; Division 1., Generally; Repealing Section 2-93.3; Eligibility of Employees of the Magistrate's Office for Benefits G. Other City Council Actions  1. Ordinance Amendment to City Code, Chapter 1, General Provisions; Section 1-5, Miscellaneous Ordinances Not Affected by Code; (2) Any Ordinance Granting Any Franchise Or Right H. Appropriations 1. None Submitted I. Citizen Comments on Matters Germane to the Business of City Council J. *Old and New Business, and Councilmember Comments 1. City Manager 2. City Attorney 3. City Clerk 4. Cherry 5. Harris 6. Price 7. Scott 8. Vick 9. Woodbury 10. Bateman 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. George Chioros, Saint Constantine and Helen Greek Orthodox 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 December 13, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Special Meeting of December 13, 2016 F. Consent Agenda 2. Minutes of the Work Session of December 13, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session of December 13, 2016 F. Consent Agenda 3. Minutes of the Regular Meeting of December 13, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting of December 13, 2016 F. Consent Agenda 4. Resolution Complying with the Virginia Department of Transportation (VDOT) Requirement to Formally Add to the City's Street Maintenance Inventory an Increase in Lane Mileage of Identified Streets for Street Maintenance Payments ACTION: A REQUEST TO APPROVE A RESOLUTION REQUESTING THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FORMALLY ADD TO THE CITY'S STREET MAINTENANCE INVENTORY AN INCREASE IN LANE MILEAGE OF IDENTIFIED STREETS FOR STREET MAINTENANCE PAYMENTS. BACKGROUND: The City's street maintenance inventory is reported to VDOT for State payment to the locality for maintenance purposes and requires a resolution of Council. The streets have been constructed to the standards required by the State and are eligible for State maintenance funds. This resolution will comply with VDOT's request and will formally add the lane mileage additions. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Increase Lane Mileage to VDOT sdm15121 Requesting VDOT Include Streets for Maintenance Payment Purposes sdm15121 RESOLUTION NO. ____________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, REQUESTING THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION INCLUDE FOR MAINTENANCE PAYMENT PURPOSES THOSE STREETS LISTED HEREIN. WHEREAS, the Virginia Department of Transportation requires a resolution of the Council in order to add and delete streets to the City’s inventory for street maintenance payment purposes; and WHEREAS, the City Manager has reported to the Council that the streets listed herein have been constructed to the standards required by the State and that the streets are, therefore, eligible for state maintenance funds. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That the Virginia Department of Transportation is hereby requested to include the streets listed below within those eligible to receive annual maintenance payments: NAME FROM TO LANE MILES Sea Turtle Way 109' N of Loggerhead Cul-de-sac .04 Drive Loggerhead Drive Leonard Lane 528.04' W .20 Loggerhead Drive Leonard Lane 110' N .04 Leonard Lane Lot 49 292.84' S .12 Leonard Lane Lot 95 611.41' S .24 Leonard Lane Lot 64 641.92' W .24 29th Street Jefferson Avenue 100' SW .04 (deletion) 30th Street Jefferson Avenue 675' SW .26 (deletion) 2. That the streets listed herein to be added meet the construction standards required by the Virginia Department of Transportation.  3. That this resolution shall be in effect on and after the date of its adoption, January 10, 2017. F. Consent Agenda 5. Resolution Adopting the 2017 Hampton Roads Hazard Mitigation Plan ACTION: A REQUEST TO ADOPT A RESOLUTION ADOPTING THE 2017 HAMPTON ROADS HAZARD MITIGATION PLAN. BACKGROUND: Communities in the Hampton Roads Area (Peninsula, Southside and Western Tidewater) have combined their hazard mitigation plans into one coordinated plan. The new Plan is an expansion of the Peninsula Hazard Mitigation Plan involving Newport News, Hampton, Williamsburg, James City County and York County which was adopted in 2006 and updated in 2011. This Plan complies with state and federal requirements; will enhance coordination within and across neighboring jurisdictions; and expedite the receipt of pre- and post-disaster grant funding. This Plan will go into effect in 2017, and the Plan will be reviewed and updated at a minimum of every five years. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re HR Hazard Mitigation Plan sdm15120 Adopting the 2017 HR Hazard Mitigation Plan sdm15120 RESOLUTION NO. _______________ A RESOLUTION ADOPTING THE 2017 HAMPTON ROADS HAZARD MITIGATION PLAN. WHEREAS, the City of Newport News recognizes the threat that natural hazards pose to people and property within our community; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences; and WHEREAS, an adopted Hazard Mitigation Plan is required as a condition of future funding for mitigation projects under multiple FEMA pre- and post-disaster mitigation grant programs; and WHEREAS, the Counties of York and James City and the Cities of Hampton, Newport News and Williamsburg partnered to develop a hazard mitigation plan for the peninsula which was adopted in 2006; and WHEREAS, the Peninsula Hazard Mitigation Plan was updated in 2011; and WHEREAS, as part of the 2017 update process, six separate hazard mitigation plans, including the Peninsula Hazard Mitigation Plan, have been combined into a single Hampton Roads Hazard Mitigation Plan; and WHEREAS, the City of Newport News fully participated in the FEMA-prescribed mitigation planning process to prepare this Hazard Mitigation Plan; and WHEREAS, the Virginia Department of Emergency Management and Federal Emergency Management Agency, Regional III officials have reviewed the 2017 Hampton Roads Hazard Mitigation Plan and approved it contingent upon this official adoption of the participating governments and entities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby adopts the 2017 Hampton Roads Mitigation Plan as an official plan. 2. That a copy of the 2017 Hampton Roads Hazard Mitigation Plan shall be maintained in the Office of the City Clerk. 3. That a copy of this resolution shall be submitted to the Virginia Department of Emergency Management and Federal Emergency Management Agency, Region III officials to enable the Plan’s final approval.  4. That this resolution shall be in effect on and after the date of its adoption, January 10, 2017. 2 F. Consent Agenda 6. Ordinance Amendment to City Code, Chapter 2, Administration; Article IV., Employee Benefits; Division 1., Generally; Repealing Section 2-93.3; Eligibility of Employees of the Magistrate's Office for Benefits ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDMENT TO CITY CODE, CHAPTER 2, ADMINISTRATION; ARTICLE IV., EMPLOYEE BENEFITS; DIVISION 1., GENERALLY; REPEALING SECTION 2-93.3; ELIGIBILITY OF EMPLOYEES OF THE MAGISTRATE'S OFFICE FOR BENEFITS. BACKGROUND: The City serves as a fiscal agent for the offices managed by its Constitutional Officers, as well as several outside entities. The nature of these relationships have been memorialized in a Memorandum of Understanding (MOU) executed by representatives of each entity. The MOUs established that the personnel of these entities are not City employees and that the City only acts as a fiscal agent regarding pay and benefits. The Magistrate's Office was the only entity that did not execute a MOU and in 2015, the City Attorney's Office drafted a MOU for review, approval and signatories. The Magistrate met with State officials regarding the proposed MOU and they revised it. The City Attorney's Office rejected the revision as it incorrectly asserted that the Magistrate's Administrative Assistants were City employees, and it shifted the responsibility of employment matters to the City. In July 2016, the City Attorney's Office offered the original MOU for reconsideration; however, no agreement was reached. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Repeal Sect 2-93.3 sdm14770 Sec. 2-93.3, Eligibility of employees of the magistrate's office for benefits sdm14770 ORDINANCE NO. ____________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, , OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV., EMPLOYEE BENEFITS, BY REPEALING SECTION 2-93.3, ELIGIBILITY OF EMPLOYEES OF THE MAGISTRATE’S OFFICE FOR BENEFITS. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: That Chapter 2, Administration, of the Code of the City of Newport News, Virginia, Article IV., Employee Benefits, is hereby amended and reordained by repealing Section 2-93.3, Eligibility of employees of the magistrate’s office for benefits. G. Other City Council Actions 1. Ordinance Amendment to City Code, Chapter 1, General Provisions; Section 1-5, Miscellaneous Ordinances Not Affected by Code; (2) Any Ordinance Granting Any Franchise Or Right ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 1, GENERAL PROVISIONS; SECTION 1-5, MISCELLANEOUS ORDINANCES NOT AFFECTED BY CODE BACKGROUND: This amendment proposes removing from Chapter 1, General Provisions; Section 1-5 (2) a provision stating that nothing in the City Code shall affect any ordinance granting any franchise or right. All Council approved franchises and licenses to use public property contains language requiring the grantee to comply with all federal, state and local laws, regulations and ordinances. The language to be removed can possibly be misconstrued to be in conflict with the requirement that all persons granted franchises or other rights comply with provisions contained in City Code. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Ord Amdmnt Sect 1-5 rag1161 Amending Sec. 1-5 rag1161 ORDINANCE NO. ___________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 1, GENERAL PROVISIONS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, SECTION 1-5, MISCELLANEOUS ORDINANCES NOT AFFECTED BY CODE. BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 1, General Provisions, of the Code of the City of Newport News, Virginia, Section 1-5, Miscellaneous ordinances not affected by code, be, and the same hereby is, amended and reordained as follows: CHAPTER 1 GENERAL PROVISIONS Sec. 1-5. Miscellaneous ordinances not affected by Code. Nothing in this Code or the ordinance adopting this Code shall affect: (1) Any ordinance promising or guaranteeing the payment of money by or for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness or any contract or obligation assumed by the city; (2) Any ordinance granting any franchise or right; (32) Any ordinance appropriating funds, levying or imposing taxes or relating to an annual budget; (43) Any ordinance relating to salaries of city officers and employees or to compensation or pay plans or classification plans for such officers or employees; (54) Any ordinance annexing territory to the city; (65) Any ordinance authorizing, providing for or otherwise relating to any public improvement; (76) Ordinance No. 1020, being the subdivision ordinance set out in Appendix B of this Code, or any amendment thereto;  (87) Any ordinance adopted for purposes which have been consummated; or (98) Any ordinance which is temporary, although general in effect, or special, although permanent in effect; and all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length in this Code. 2 H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. None Submitted *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Cherry Harris Price Scott Vick Woodbury Bateman 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.”