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 JUNE 27, 2017 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 - None E. Public Hearings 1. Ordinance Authorizing and Directing the City Manager to Execute a Deed of Lease By and Between the City of Newport News, Virginia and JKLM Properties, LLC and Coastal Seafood, LLC for Seafood Industrial Park (SIP) Parcel 5, Located at 801 Jefferson Avenue F. Consent Agenda 1. Minutes of the Special Meeting of June 13, 2017 2. Minutes of the Work Session of June 13, 2017 3. Minutes of the Regular Meeting of June 13, 2017 4. Resolution of Appreciation: The Honorable David F. Pugh, Judge, on his Retirement 5. Resolution in Memoriam: Reverend Frederick R. Carter 6. Resolution of Recognition: City of Greifswald, Germany on its 10th Anniversary as a Sister City to Newport News, Virginia 7. Resolution of Recognition: City of Neyagawa, Osaka, Japan on its 35th  Anniversary as a Sister City to Newport News, Virginia G. Other City Council Actions 1. Receipt for Bids for an Ordinance Granting an Easement over City-owned Property Located at 15330 Warwick Boulevard for the Atkinson Boulevard Project 2. Ordinance Amending City Code, Chapter 41, Vehicles for Hire; Article III., Taxicabs; Division 2., Rates of Fare; Section 41-50., Rates of Fare Prescribed 3. Ordinance Amending City Code, Chapter 43, Weapons; Article I., In General; Section 43-11, Exceptions H. Appropriations 1. None Submitted 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. Woodbury 6. Bateman 7. Cherry 8. Harris 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. Ordinance Authorizing and Directing the City Manager to Execute a Deed of Lease By and Between the City of Newport News, Virginia and JKLM Properties, LLC and Coastal Seafood, LLC for Seafood Industrial Park (SIP) Parcel 5, Located at 801 Jefferson Avenue ACTION: A REQUEST TO APPROVE AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND JKLM PROPERTIES, LLC AND COASTAL SEAFOOD, LLC, FOR SEAFOOD INDUSTRIAL PARK (SIP) PARCEL 5, LOCATED AT 801 JEFFERSON AVENUE. BACKGROUND: At its June 13, 2017 meeting, City Council received one bid in response to a request to receive bids for a Lease of City- owned property at 801 Jefferson Avenue, SIP Parcel 5. The successful bidder was JKLM Properties, LLC and Coastal Seafood, LLC, that will jointly be the tenant under the lease. Coastal will operate an oyster shucking operation, which will result in eight (8) new jobs, as well as offer wholesale and retail sales of other locally caught seafood products. FISCAL IMPACT: The lease provides for the standard annual SIP rental rate (currently $0.386 per square foot), and the standard SIP 3- year rental review cycle will apply. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re New Lease for SIP Parcel 5 Attachment 1 sdm15530 Authorizing Deed of Lease (NNSIP Parcel 5)  SIP Parcel 5 - 801 Jefferson Avenue 03/08/2016 F. Consent Agenda 1. Minutes of the Special Meeting of June 13, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Special Meeting of June 13, 2017 F. Consent Agenda 2. Minutes of the Work Session of June 13, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session of June 13, 2017 F. Consent Agenda 3. Minutes of the Regular Meeting of June 13, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting of June 13, 2017 F. Consent Agenda 4. Resolution of Appreciation: The Honorable David F. Pugh, Judge, on his Retirement ACTION: A REQUEST TO APPROVE A RESOLUTION OF APPRECIATION FOR THE HONORABLE DAVID F. PUGH, JUDGE ON HIS RETIREMENT. BACKGROUND: Judge Pugh was born in Newport News and was educated in the public schools of Newport News. He attended Hampton Institute (now University) in Hampton, Virginia, where he graduated Cum Laude with a Bachelor's Degree in 1968. He served in the U.S. Army, which included participation in the Vietnam War. He earned a law degree in 1973, from the College of William & Mary's Marshall-Wythe School of Law. Judge Pugh began his legal career as an Associate Attorney in Williamsburg, Virginia and in 1988 opened his own solo practice, also in Williamsburg. In 1990, Judge Pugh became the first African-American judge appointed to the General District Court in Newport News, and in 2003 became a Judge of the Newport News Circuit Court, where he served until his retirement in 2017. Judge Pugh participated in numerous professional and community organizations, in addition to being a guest speaker for numerous civic groups, churches, schools, and youth groups throughout the Peninsula. Judge Pugh's professional and civic activities also earned him many awards throughout his career. This Resolution of Appreciation acknowledges his outstanding service, selfless dedication and devoted service to the citizens of the City of Newport News.  The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description sdm15525 Appreciation re The Honorable David F. Pugh sdm15525 RESOLUTION NO. ___________________ RESOLUTION OF APPRECIATION WHEREAS, the Council of the City of Newport News, Virginia, wishes to recognize the Honorable David F. Pugh, Judge, for his outstanding achievements and contributions to the City of Newport News and the Commonwealth of Virginia; and WHEREAS, Judge Pugh was born in Newport News, Virginia and was educated in the public schools of Newport News, graduating from Huntington High School in 1964. He attended Hampton Institute (now University) in Hampton, Virginia, where he graduated Cum Laude with a Bachelor’s Degree in 1968. He served in the United States Army as a First Lieutenant in the Army Security Agency-Military Intelligence from 1968 to 1970. His service included participation in the Vietnam War. Judge Pugh went on to attend the College of William & Mary’s Marshall- Wythe School of Law where he earned a law degree in 1973; and WHEREAS, following his graduation from law school, Judge Pugh began his legal career as an Associate Attorney with the law firm of Stone, Bland and Wood in Williamsburg, Virginia. In 1978, he became a partner of that firm, which became known as Stone, Bland and Pugh. In 1988, Judge Pugh opened his own solo practice, also in Williamsburg; and WHEREAS, in 1990, Judge Pugh became the first African-American judge in Newport News, when he was appointed to the General District Court, where he served as Judge of the Civil Division. Judge Pugh served periodically as Chief Judge during his tenure on the Newport News General District Court. In April 2003, Judge Pugh became a Judge of the Newport News Circuit Court and served until his retirement in 2017. Judge Pugh served as Chief Judge of the Newport News Circuit Court from July 2006 until July 2008; and WHEREAS, Judge Pugh has participated in numerous professional and community organizations, including the Virginia State Bar, Virginia Trial Lawyers Association, Peninsula Bar Association, Tidewater Area General District Court Judges Association, Association of District Court Judges, the Greater Peninsula Women’s Bar Association, World Victory Church and Life Center, Phi Beta Sigma Fraternity, American Legion (Post 368), NAACP, Torch Club, Boy Scouts of America, McIntosh Elementary PTA, Denbigh Youth Basketball League, Williamsburg Men’s Club, Office of Human Affairs, Veterans of Foreign Wars, Jaycees, The Scott Center, and the Newport News Public Schools Task Force for Curriculum and Instruction; and WHEREAS, Judge Pugh has been a guest speaker for numerous civic groups, churches, schools, and youth groups throughout the Peninsula. He also taught as an adjunct professor as Hampton University and Christopher Newport University; and WHEREAS, Judge Pugh’s professional and civic activities have earned him many awards including, but not limited to, the Office of Human Affairs-Outstanding Legal Professional, Peninsula Pan Hellenic Council’s Greek of the Year, Coalition of 100 Black Men- Role Model of the Year, Head Start/Early Head Start Recognition Award, Newport News Federation of Colored Women’s Clubs-Exceptional Accomplishments, The CHUMS Community Service Award, the Denbigh Military Retirees Club-Community Service Award and Professional Achievement Award, Huntington High School Alumni’s- Outstanding Viking Award, Most Worshipful Prince Hall Grand Lodge of Virginia, Free and Accepted Masons, Inc.-Man of the Decade Award, The National Association of Negro Business and Professional Women’s Clubs, Inc.-Community Service, and The Joseph Thomas Newsome Distinguished Citizen Legacy Award. He has also received awards from Alpha Phi Alpha Fraternity, Iota Phi Theta Fraternity, Les Hommes, and the NAACP- Newport News Branch; and WHEREAS, while Judge Pugh has retired from the bench, citizens, lawyers and colleagues agree that he has spent his professional life using his willingness to listen, judiciousness, analytical thinking and concern for his fellow citizens to the benefit of this city, the Virginia Peninsula and the Commonwealth of Virginia. The Council of the City of Newport News wishes to acknowledge the outstanding service and selfless dedication of the Honorable David F. Pugh, Judge, and to thank him for his devoted service to the citizens of the City of Newport News. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it expresses its deep and sincere appreciation to the Honorable David F. Pugh for all that he has done in his many years of devoted service to our City, the Virginia Peninsula, the Commonwealth of Virginia and to the citizens thereof. 2. That it extends best wishes to him in all his future endeavors. 3. That a copy of this resolution be spread upon the records of this body and that a copy be delivered to the Honorable David F. Pugh as a token of appreciation for his tireless efforts and effective service. 4. That this resolution shall be in effect on and after the date of its adoption, June 27, 2017. 2 F. Consent Agenda 5. Resolution in Memoriam: Reverend Frederick R. Carter ACTION: A REQUEST TO APPROVE A RESOLUTION IN MEMORIAM FOR REVEREND FREDERICK R. CARTER BACKGROUND: Rev. Frederick R. Carter was born in Gloucester County, Virginia and was educated in Gloucester County's public schools before attending Temple University in Philadelphia, Pennsylvania. Rev. Carter attended the American Academy - McCallister Institute of Funeral Service in New York City, graduating second in his class, before returning home to work at his father's funeral home in 1967. Rev. Carter then entered public service, becoming the first African-American Deputy Sheriff of Gloucester County. He opened the Carter Funeral Home - Denbigh Chapel in 1986 and was thereafter appointed to the Virginia Board of Funeral Directors & Embalmers, in addition to being appointed to the National Conference of Funeral Services Examining Boards. Rev. Carter was an active and well-respected member of the Newport News community, serving on numerous task forces and committees. His civic and professional activities touched the lives of many and this Resolution in Memoriam recognizes all that Rev. Carter has done to serve the City and his many contributions to the quality of life of this community. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description sdm15528 Memoriam re Reverend Frederick R. Carter sdm15528 RESOLUTION NO. _________________ RESOLUTION IN MEMORIAM REVEREND FREDERICK R. CARTER WHEREAS, the Council of the City of Newport News, Virginia, records with deep and profound sadness the death of Rev. Frederick R. Carter; and WHEREAS, Rev. Frederick R. Carter was born on March 6, 1944, in Gloucester County, Virginia. He was educated in the public schools in Gloucester County, before attending Temple University in Philadelphia, Pennsylvania; and WHEREAS, Rev. Frederick R. Carter attended the American Academy - McCallister Institute of Funeral Service in New York City, graduating second in his class, before returning home to work at his father’s funeral home in 1967; and WHEREAS, Rev. Frederick R. Carter then entered public service, becoming the first African American Deputy Sheriff of Gloucester County; and WHEREAS, Rev. Frederick R. Carter opened the Carter Funeral Home - Denbigh Chapel in 1986. A leader in his professional field, Rev. Frederick R. Carter was appointed to the Virginia Board of Funeral Directors & Embalmers in 1982, serving until 1989, and was appointed to the National Conference of Funeral Services Examining Boards; and WHEREAS, Rev. Frederick R. Carter, an active and well-respected member of the Newport News community, was appointed to the Board of Visitors of what was then the Christopher Newport College in 1990; served on the Newport News Planning Commission from January of 1991 until January of 1999; and had recently been appointed to the Peninsula Airport Commission; and WHEREAS, Rev. Frederick R. Carter was a valuable member of the Newport News Planning Commission, serving as Chairman from 1998 to 1999. During his tenure with the Planning Commission, he served on numerous task forces and committees, and assisted with the development and approval of a new zoning ordinance, the Lee Hall Area Plan and the Hilton Area Neighborhood Plan, as well as the LDR Downtown Plan; and WHEREAS, Rev. Frederick R. Carter is survived by his loving wife Elizabeth Lee Carter; daughter and son-in-law Dianne Carter de Mayo and Dr. Thomas de Mayo; son and daughter-in- law James Andrew Carter, II and Merrilee Cleveland; granddaughters Quinn Elizabeth Cleveland Carter and Angelica Easter Rose de Mayo; his brother George Nelson Carter, Jr. and the Hon. Rebecca Shamai; sister and brother-in law, Diane Lee Lewis and E. Theodore Lewis; as well as a niece, nephews, and numerous godchildren, mentees, and friends; and  WHEREAS, the product of his civic and professional activities touched the lives of many, and the death of Rev. Frederick R. Carter creates a void in this community which this Council wishes to recognize. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby recognizes all that Rev. Frederick R. Carter has done to serve the City of Newport News and for his many contributions to the quality of life of this community. 2. That it is ordered that the City Clerk shall record this resolution in the minutes of this body and that a copy be presented to the family of the late Rev. Frederick R. Carter. 3. That this resolution shall be in effect on and after the date of its adoption, June 27, 2017. 2 F. Consent Agenda 6. Resolution of Recognition: City of Greifswald, Germany on its 10th Anniversary as a Sister City to Newport News, Virginia ACTION: A REQUEST TO APPROVE A RESOLUTION OF RECOGNITION FOR THE CITY OF GREIFSWALD, GERMANY ON ITS 10TH ANNIVERSARY AS A SISTER CITY TO THE CITY OF NEWPORT NEWS, VIRGINIA. BACKGROUND: On February 27, 2007, City Council passed Resolution No. 11370-07 approving the extension of an invitation to the City of Greifswald, Germany to create a sister city relationship. The Resolution provided the opportunity for the two cities to establish a creative force for international cooperation, mutual understanding and a unique opportunity for development and growth within their respective communities. The process of sistering was officially entered into upon a "Declaration" executed on October 4, 2007, between the leaders of both Cities. Customary contacts have been maintained since that time to facilitate ongoing exchanges and cooperation in areas of common interest. This Resolution of Recognition acknowledges the 10th Anniversary of the sister city relationship. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description sdm15504 Recognition re Greifswald, Germany 10th Year Anniversary sdm15504 RESOLUTION NO. _______________ RESOLUTION OF RECOGNITION WHEREAS, the Council of the City of Newport News passed Resolution No. 11370-07 on February 27, 2007, approving the extension of an invitation to the City of Greifswald, Germany to create a sister city relationship to establish a creative force for the international cooperation, mutual understanding and a unique opportunity for development and growth within the respective communities; and WHEREAS, these cities agreed to establish sister city programs that foster communications through numerous cooperative efforts in the mutual exchange of ideas, people, and materials in a wide variety of cultural, education, youth, sports, municipal, professional and technical projects; and WHEREAS, the process of sistering was officially entered into upon a “Declaration” executed on October 4, 2007, between Lord Mayor Arthur Köenig of the University and Hansaetic City of Greifswald, Germany, and Mayor Joe S. Frank of the City of Newport News, Virginia, of the United States of America; and WHEREAS, customary contacts have been maintained since that time between leaders of both Cities as well as their sistering organizations of the Office of International Affairs, Greifswald and Sister Cities of Newport New, Inc. (SCNN) to facilitate ongoing exchanges and cooperation in areas of common interest; and WHEREAS, representatives of the City of Newport News, Sister Cities of Newport News, Inc., and citizens of Newport News have made numerous exchanges over the past 10 years and wish to explore additional opportunities for the expansion of our educational, cultural and economic development exchange; and WHEREAS, the City of Newport News desires the friendships and ties between Greifswald and Newport News to continue to strengthen and grow and so that this sister cities relationship will undoubtedly contribute to a more peaceful world. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby recognizes the 10th anniversary of the sister city relationship between the University and Hansaetic City of Greifswald and the City of Newport News. 2. That the 10th year anniversary of the sister city relationship provides us with an opportunity to publicly acknowledge yet again the importance of understanding and appreciating cultures and lifestyles that are different than our own but nevertheless affect our individual communities.  3. That it hereby extends congratulations to the sister cities of Greifswald and Newport News on this occasion of their 10th anniversary and directs that a copy of this resolution be recorded in the minutes of this meeting and presented to the City of Greifswald, the Neyagawa International Exchange and Friendship Association and Sister Cities of Newport News, Inc. F. Consent Agenda 7. Resolution of Recognition: City of Neyagawa, Osaka, Japan on its 35th Anniversary as a Sister City to Newport News, Virginia ACTION: A REQUEST TO APPROVE A RESOLUTION OF RECOGNITION FOR THE CITY OF NEYAGAWA, OSAKA, JAPAN ON ITS 35TH ANNIVERSARY AS A SISTER CITY TO THE CITY OF NEWPORT NEWS, VIRGINIA. BACKGROUND: On January 25, 1982, City Council passed Resolution No. 3035-82 approving and accepting an invitation from the City of Neyagawa, Osaka, Japan to create a sister city relationship. The Resolution provided the opportunity for the two cities to establish a creative force for international cooperation, mutual understanding and a unique opportunity for development and growth within their respective communities. The process of sistering was officially entered into upon a "Declaration" executed on July 1, 1982, between the leaders of both Cities. Customary contacts have been maintained since that time to facilitate ongoing exchanges and cooperation in areas of common interest. This Resolution of Recognition acknowledges the 35th Anniversary of the sister city relationship. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description sdm15456 Recognition re ity of Neyagawa, Osaka, Japan sdm15456 RESOLUTION NO. _______________ RESOLUTION OF RECOGNITION WHEREAS, the Council of the City of Newport News passed Resolution No. 3035-82 on January 25, 1982, accepting the invitation from the City of Neyagawa, Osaka, Japan to create a sister city relationship to establish a creative force for the international cooperation, mutual understanding and a unique opportunity for development and growth within the respective communities; and WHEREAS, these cities agreed to establish sister city programs that foster communications through numerous cooperative efforts in the mutual exchange of ideas, people, and materials in a wide variety of cultural, education, youth, sports, municipal, professional and technical projects; and WHEREAS, the process of sistering was officially entered into upon a “Declaration of Sister Cities” executed on July 1, 1982, between Mayor Yoshio Kitagawa of the City of Neyagawa, Osaka, Japan, and Mayor Joseph C. Ritchie of the City of Newport News, Virginia, of the United States of America; and WHEREAS, customary contacts have been maintained since that time between leaders of both Cities as well as their sistering organizations of the Neyagawa International Exchange and Friendship Association (NIEFA) and Sister Cities of Newport New, Inc. (SCNN) to facilitate ongoing exchanges and cooperation in areas of common interest; and WHEREAS, representatives of the City of Newport News, Sister Cities of Newport News, Inc., and citizens of Newport News have made numerous exchanges over the past 35 years and wish to explore additional opportunities for the expansion of our educational, cultural and economic development exchange; and WHEREAS, the City of Newport News desires the friendships and ties between Neyagawa and Newport News to continue to strengthen and grow and so that this sister cities relationship will undoubtedly contribute to a more peaceful world. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby recognizes the 35th anniversary of the sister city relationship between the City of Neyagawa and the City of Newport News. 2. That the 35th year anniversary of the sister city relationship provides us with an opportunity to publicly acknowledge yet again the importance of understanding and appreciating cultures and lifestyles that are different than our own but nevertheless affect our individual communities.  3. That it hereby extends congratulations to the sister cities of Neyagawa and Newport News on this occasion of their 35th anniversary and directs that a copy of this resolution be recorded in the minutes of this meeting and presented to the City of Neyagawa, the Neyagawa International Exchange and Friendship Association and Sister Cities of Newport News, Inc. G. Other City Council Actions 1. Receipt for Bids for an Ordinance Granting an Easement over City-owned Property Located at 15330 Warwick Boulevard for the Atkinson Boulevard Project ACTION: A REQUEST TO CITY COUNCIL TO RECEIVE AND OPEN BIDS FOR GRANTING A 9,715 SQUARE-FOOT UTILITY EASEMENT OVER CITY-OWNED PROPERTY LOCATED AT 15330 WARWICK BOULEVARD FOR THE ATKINSON BOULEVARD PROJECT. (After the receipt and opening of the bids, City Council is requested to refer the bids to the City Manager for review and the presentation of a recommendation at City Council’s July 11, 2017 regular meeting). BACKGROUND: A request to receive bids for a utility easement for placement, maintenance, and operation of underground electric lines and lighting supports and fixtures at the aforementioned property was properly advertised in the Daily Press. A Public Hearing has been advertised for the June 27, 2017 City Council meeting for consideration of the Ordinance which will grant the easement to the successful bidder. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Receipt of Bids fo r 15330 Warwick Blvd Attachment Location Map sdm15526 Authorizing re Deed of Easement (15330 Warwick Blvd)  O N WAY ATKINS APPROXIMATE LOCATION OF ATKINSON BOULEVARD EXTENSION 20' UTILITY EASEMENT CITY OF NEWPORT NEWS K IC W WAR L WA LE BL VD ND LE R CITY OF NEWPORT NEWS, VIRGINIA µ UTILITY EASEMENT FOR 15330 WARWICK BOULEVARD G. Other City Council Actions 2. Ordinance Amending City Code, Chapter 41, Vehicles for Hire; Article III., Taxicabs; Division 2., Rates of Fare; Section 41-50., Rates of Fare Prescribed ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 41, VEHICLES FOR HIRE; ARTICLE III., TAXICABS; DIVISION 2., RATES OF FARE; SECTION 41-50, RATES OF FARE PRESCRIBED; (F) ELDERLY AND HANDICAPPED DISCOUNTS; TO ADD MILITARY DISCOUNTS FOR TAXICAB PASSENGERS. BACKGROUND: Chapter 41, Vehicles for Hire, outlines requirements for taxicabs operating in the City of Newport News. The Taxi Advisory Board has requested an amendment to the Code that would allow City certified taxi drivers to offer fare discounts to active duty members or veterans of the U.S. Armed Forces. The Police Department supports the amendment. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Ord Amdmnt to Chapt 41 Taxicabs sdm15510 Sec. 41-50, Rates of fare prescribed sdm15510 ORDINANCE NO. ___________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 41, VEHICLES FOR HIRE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., TAXICABS, DIVISION 2., RATES OF FARE, SECTION 41-50, RATES OF FARE PRESCRIBED. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 41, Vehicles for Hire, of the Code of the City of Newport News, Virginia, Article III., Taxicabs, Division 2., Rates of Fare, Section 41-50, Rates of fare prescribed, be, and the same hereby is, amended and reordained as follows: CHAPTER 41 VEHICLES FOR HIRE ARTICLE III. TAXICABS DIVISION 2. RATES OF FARE Sec. 41-50. Rates of fare prescribed. (a) Generally. Unless otherwise provided in this article, the rates prescribed by this section shall be charged and collected for the transportation of passengers by a taxicab, and no different rate shall at any time be charged or collected for such service. (b) Meter rates. Except as otherwise provided in this division, the rates used to calculate the charge for service by taxicabs shall be determined exclusively by taximeters, regardless of the destination, whether within or beyond the corporate limits of the city, and shall be as follows: For the first one-seventh (1/7) of a mile the rate shall be two dollars and seventy-five cents ($2.75), and for each additional one-seventh (1/7) of a mile the rate shall be thirty cents ($0.30). (c) Additional charges. Additional charges based upon the meter mileage may also be levied for such destinations outside the city so long as the taxicab driver provides the passenger(s) with a written rate sheet prior to engagement of the taximeter which clearly identifies the additional charges and the passenger(s) sign(s) the rate sheet agreeing to pay the additional charges. In lieu of using the taximeter and charging an additional fare, taxicab drivers may charge a flat rate for discharges outside the city so long as the driver provides the passenger(s) with a written rate sheet prior to hire which clearly identifies the flat rate charge and the passenger(s) sign(s) the rate sheet agreeing to pay the flat rate.  (d) Waiting time charges. Taxicabs may charge thirty cents ($0.30) for each one (1) minute of waiting time. Waiting time shall include (i) the time when the taxicab is stopped or moving at a speed less than twelve (12) miles per hour, (ii) the time when the taxicab is not in motion beginning five (5) minutes after its time of arrival at the place to which it has been initially called, and (iii) the time consumed while it is standing or waiting at the direction of the passenger. No charge shall be made for time lost on account of inefficiency of the taxicab or its operation or time consumed by premature response to a call. (e) Baggage, parcels, etc. Taxicabs may charge an additional total sum of fifty cents ($0.50) for transportation of up to five (5) parcels or baggage, other than ordinary handbags. A charge of an additional total sum of seventy-five cents ($0.75) may be made for the transportation of more than five (5) parcels or baggage, other than ordinary handbags. A charge of five dollars ($5.00) may be made for the transportation of non-pedestrian carried items, or the driver may refuse to transport such items. (f) Elderly and handicapped discounts; military discounts. The certificate holder of a taxicab may authorize his taxicab drivers to offer transportation and services to passengers at a reduced fare upon receipt of satisfactory proof that such passenger is sixty (60) years of age or older, or is qualified for the Handi-Ride program operated by the Transportation District Commission of Hampton Roads or successor. Proof of entitlement to such a discount may be by presentment of a Medicare card or a Handi-Ride card, and satisfactory proof of the identity of the holder of such card, or by any other proof that may be deemed satisfactory in lieu thereof. Additionally, the certificate holder of a taxicab may authorize his taxicab drivers to offer transportation and services to passengers at a reduced fare upon receipt of satisfactory proof that such passenger is an active duty member or veteran of the United States Armed Forces. The size of such discounts shall be predetermined and filed by the certificate holder with the chief of police prior to offering such discounts to qualified passengers. Such discounts shall be applied to all qualifying passengers equally. (g) Receipt. A taxicab driver shall provide a receipt indicating the driver's name, the time, date, place of origin and destination of the trip, taxicab company name and vehicle number, and the amount of the final fare and charges when requested to do so by a passenger. (h) Intercity rates. Notwithstanding the provisions of this section, taxicabs operating under a certificate, or the equivalent, from another locality which are transporting passengers from outside the city to a destination within the city may charge the rates of fare prescribed by such other locality in lieu of the rates prescribed herein. (i) Airport flat rate. A minimum fare of ten dollars ($10.00) will apply to all taxicab rides originating at the Newport News/Williamsburg International Airport. (j) Toll charges. Taxicabs may charge an additional fee to cover toll charges, as permitted by section 41-137 of this code. 2 2. That this ordinance shall be in effect on and after July 1, 2017. 3 G. Other City Council Actions 3. Ordinance Amending City Code, Chapter 43, Weapons; Article I., In General; Section 43-11, Exceptions ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 43, WEAPONS; ARTICLE I., IN GENERAL; SECTION 43-11, EXCEPTIONS; TO ADD SUBSECTION (F) WHICH WILL ALLOW CIVILIAN EMPLOYEES OF A LAW ENFORCEMENT AGENCY TO DISCHARGE WEAPONS FOR BALLISTICS OR OTHER FORENSIC TESTING. BACKGROUND: Chapter 43 outlines the use and discharge of weapons within the City of Newport News. As it is currently written, Chapter 43 does not provide for civilian employees of a law enforcement agency to discharge a weapon for purposes of ballistics or other forensic testing. The proposed amendment will allow for such discharges. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Ord Amdmnt to Chapt 43 Weapons sdm15514 Sec. 43-11, Exceptions (weapons) sdm15514 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 43, WEAPONS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, SECTION 43-11, EXCEPTIONS. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 43, Weapons, of the Code of the City of Newport News, Virginia, Article I., In General, Section 43-11, Exceptions, be, and the same hereby is, amended and reordained as follows: CHAPTER 43 WEAPONS ARTICLE I. IN GENERAL Sec. 43-11. Exceptions. (a) Nothing in this article shall be construed to prohibit the use of firearms in self-defense, if such use is not otherwise contrary to existing law, or the use of firearms by any police officer, city sheriff, deputy sheriff or conservator of the peace, or to prohibit the discharge of blank cartridges in theatrical performances or sporting events or to prohibit the firing of salutes by firing squads at law enforcement and military funerals held at a cemetery or place of worship. (b) Nothing in this article shall be construed to prevent the shooting of firearms within the city on a gunnery range or in a shooting area operated in accord with Article II of this chapter. (c) Nothing in this article shall be construed to prohibit the discharge of blank cartridges by a nationally recognized veterans group and federal or state military representatives, in the commemoration of any state or national holiday, if written notice identifying the time, date, location and description of the intended discharge has been provided to the chief of police at least five (5) days prior to the event. (d) Nothing in this article shall be construed to prohibit the discharge of pyrotechnic bird scaring devices for dispersing birds and wildlife pests, provided that each use is first approved by the chief of police or his designee who may impose restrictions on the time, manner and use of such devices, and provided further, that the Peninsula Airport Commission and the Department of Parks, Recreation and Tourism need not obtain such approval prior to using the devices.  (e) Nothing in this article shall be construed to prohibit the killing of deer pursuant to § 29.1-529 of the Code of Virginia, on a parcel of land of at least five acres that is zoned for agricultural use. (f) Nothing in this article shall be construed to prohibit the discharge of a firearm by any law enforcement officer or any civilian employee of a law enforcement agency, in the course of their employment, for purposes of ballistics or other forensic testing. 2. That this ordinance shall be in effect on and after the date of its adoption, June 27, 2017. 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. Old Business, New Business and Councilmember Comments City Manager City Attorney City Clerk Vick Woodbury Bateman Cherry Harris 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.”