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 OCTOBER 9, 2018 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Pastor Justin White, City Life 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 Boundary Line Adjustment and Easement Between the City of Newport News, Virginia and Hampton Roads Academy (HRA) for Property Located Near 739 Academy Lane F. Consent Agenda 1. Minutes of the Special Meeting of September 25, 2018 2. Minutes of the Work Session of September 25, 2018 3. Minutes of the Regular Meeting of September 25, 2018 4. Resolution Terminating the Declaration of A Local Emergency Declared as a Result of Hurricane Florence 5. Ordinance Amending and Reordaining City Code, Chapter 29, Parks, Squares and Recreation Facilities; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, Etc.; by Adding New Section 29-22, Individuals May be Issued No Trespassing Notices Restricting Access to Certain Recreational Facilities  6. Resolution Opposing Offshore Oil and Gas Drilling and Exploration, Including Seismic Testing G. Other City Council Actions 1. Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding (MOU) By and Between the City of Newport News, Virginia and the County of York, Virginia for a Stormwater Treatment Pond Located at 1001 Baptist Road 2. Resolution Authorizing and Directing the City Manager to Execute a Tower Space Lease By and Between Max Media of Hampton Roads LLC and the City of Newport News, Virginia, for Space on a Communications Tower Located at or Near 20 Jefferson Avenue H. Appropriations 1. None I. Citizen Comments on Matters Germane to the Business of City Council J. *New Business and Councilmember Comments 1. City Manager 2. City Clerk 3. City Attorney 4. Scott 5. Vick 6. Woodbury 7. Cherry 8. Harris 9. Jenkins 10. Price 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 – Pastor Justin White, City Life 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 Boundary Line Adjustment and Easement Between the City of Newport News, Virginia and Hampton Roads Academy (HRA) for Property Located Near 739 Academy Lane ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANANGER TO EXECUTE A DEED OF BOUNDARY LINE ADJUSTMENT AND EASEMENT BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND HAMPTON ROADS ACADEMY (HRA) FOR PROPERTY LOCATED NEAR 739 ACADEMY LANE. BACKGROUND: Hampton Roads Academy (HRA) has requested the City convey a 2,452 sq. ft. portion of City owned property currently being used as a driveway to a City owned pump station located near 739 Academy Lane. In exchange, HRA will convey a 3,725 sq. ft. access easement containing the former City property and other property owned by HRA. Information regarding the exchange was circulated to all appropriate departments and no objections were noted. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Boundary Line Adjustment w-HRA Attachment Location Map sdm16501 Authorizing re Deed of Boundary Line Adjustment and Easement Lexington Cir Hampton Roads Academy Proposed Easement Existing Easement Bunk e r Hill Ci r y Ln de m Aca Oyster Point Rd BayPort Way t Rd o Ca n d oi n Oy ste r P O l l vd nB CITY OF NEWPORT NEWS, VIRGINIA µ Ham pto n R oa ds Aca d emy Pro p os ed E as eme n t F. Consent Agenda 1. Minutes of the Special Meeting of September 25, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Special Meeting for September 25, 2018 F. Consent Agenda 2. Minutes of the Work Session of September 25, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A F. Consent Agenda 3. Minutes of the Regular Meeting of September 25, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting for September 25, 2018 F. Consent Agenda 4. Resolution Terminating the Declaration of A Local Emergency Declared as a Result of Hurricane Florence ACTION: RESOLUTION TERMINATING THE DECLARATION OF A LOCAL EMERGENCY THAT WAS DECLARED AS A RESULT OF HURRICANE FLORENCE. BACKGROUND: On September 11, 2018, City Council approved Resolution No. 13165-18, which consented to, confirmed and ratified the Declaration by the Director of Emergency Management of a Local Emergency on September 10, 2018, necessitated by Hurricane Florence. The City was spared any significant impact from the storm and a full assessment of all potential resultant damage has been completed. This Resolution, once approved by City Council, will terminate the Declaration of a Local Emergency. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Terminate Declaration of Local Emergency sdm16495 Terminating a Declaration of Emergency - Hurricane Florence sdm16495 RESOLUTION NO. ________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, TERMINATING THE DECLARATION OF A LOCAL EMERGENCY THAT WAS DECLARED AS A RESULT OF HURRICANE FLORENCE. WHEREAS, Section 44-146.21 of the Code of Virginia, 1950, as amended, prescribes the necessary action required by localities to adopt a declaration of local emergency; and WHEREAS, the Council of the City of Newport News adopted Resolution No. 13165-18 on September 11, 2018, which resolution consented to, confirmed and ratified the declaration by the Director of Emergency Management of a local emergency on September 10, 2018, necessitated by Hurricane Florence; and WHEREAS, said declaration of a local emergency identified the need to terminate the local emergency once all needed emergency actions had been completed; and WHEREAS, all necessary emergency actions have been completed and the declaration of local emergency is no longer necessary for the health and safety of the city and its citizens. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it understands and confirms that, in the judgment of this Council, all necessary emergency actions necessitated by Hurricane Florence have been taken. 2. That it is satisfied that the health and safety of the city and its citizens have been preserved, and that the local declaration of emergency is no longer warranted or necessary and is hereby terminated. 3. That this resolution shall be in effect on and after the date of its adoption, October 9, 2018. F. Consent Agenda 5. Ordinance Amending and Reordaining City Code, Chapter 29, Parks, Squares and Recreation Facilities; Article II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, Etc.; by Adding New Section 29-22, Individuals May be Issued No Trespassing Notices Restricting Access to Certain Recreational Facilities ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING AND REORDAINING CITY CODE, CHAPTER 29, PARKS, SQUARES AND RECREATIONAL FACILITIES; ARTICLE II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., BY ADDING NEW SECTION 29-22, INDIVIDUALS MAY BE ISSUED NO TRESPASSING NOTICES RESTRICTING ACCESS TO CERTAIN RECREATIONAL FACILITIES. BACKGROUND: The Department of Parks, Recreation & Tourism is periodically challenged with patrons who repeatedly or intentionally violate laws, ordinances or regulations that govern recreation facilities, programs and activities. The proposed amendment will allow the City's sworn Park Rangers to issue written "No Trespassing" notices for repeat or serious violations. Consequences for offenders receiving “No Trespassing” notices will restrict their entry onto specific park and recreation properties as follows: 1) First offense – sixty (60) days; 2) Second offense – six (6) months; and 3) Third offense – twelve (12) months. Violating a "No Trespassing" notice could result in prosecution for "Trespassing after being forbidden to do so," a Class I misdemeanor. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re No Trespassing Ord Amdmnt sdm16298 Adding Sec. 29-22 sdm16298 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 II., GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC., BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 29-22, INDIVIDUALS MAY BE ISSUED NO TRESPASSING NOTICES RESTRICTING ACCESS TO CERTAIN RECREATIONAL FACILITIES. 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 II., General Regulations Governing Parks, Squares, Beaches, Golf Courses, Etc., Section , be, and the same hereby is, amended and reordained by adding thereto a new section, namely: Section 29-22, Individuals may be issued no trespassing notices restricting access to certain recreational facilities, as follows: CHAPTER 29 PARKS, SQUARES AND RECREATIONAL FACILITIES ARTICLE II. GENERAL REGULATIONS GOVERNING PARKS, SQUARES, BEACHES, GOLF COURSES, ETC. Sec. 29-22. Individuals may be issued no trespassing notices restricting access to certain recreational facilities. Park Rangers shall have the authority to issue no trespassing notices to individuals for committing acts in a recreational facility that would constitute a violation of any law or ordinance or would violate any of the rules and regulations of this article. A written notice shall be issued to the violator restricting access to one or more recreational facilities and notifying the violator that if they return during the term of the no trespassing notice they may be charged with trespassing. A sixty (60) day no trespassing notice may be issued for first time offenders; a six (6) month no trespassing notice may be issued for a second offense; and a twelve (12) month notice may be issued for third or subsequent offenses. Individuals shall have the right to appeal and to apply for reinstatement to such recreational facility, in accordance with procedures promulgated by the director. Any person that violates the no trespassing notice may be prosecuted in accordance with Section 28-30. F. Consent Agenda 6. Resolution Opposing Offshore Oil and Gas Drilling and Exploration, Including Seismic Testing ACTION: A REQUEST TO APPROVE A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, OPPOSING OFFSHORE OIL AND GAS DRILLING AND EXPLORATION, INCLUDING SEISMIC TESTING. BACKGROUND: The U.S. Department of the Interior has endorsed seismic testing, oil and gas exploration, and drilling in the waters of the Atlantic Ocean from Delaware Bay to Cape Canaveral. The endorsed activities could prove harmful to the City's tourism industry and economy, to the activities of the U.S. Navy, the Port of Virginia, to marine life and the environment. This Resolution expresses City Council's opposition to offshore oil and gas drilling and explorations, including seismic testing. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Offshore Oil & Gas Drilling Opposition sdm16504 Opposing Offshore Oil and Gas Drilling and Exploration, including Seismic Testing sdm16504 RESOLUTION NO. _______________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, OPPOSING OFFSHORE OIL AND GAS DRILLING AND EXPLORATION, INCLUDING SEISMIC TESTING. WHEREAS, the United States Department of the Interior has endorsed seismic testing, oil and gas exploration, and drilling in the waters of the Atlantic Ocean from Delaware Bay to Cape Canaveral; and WHEREAS, the endorsed activities could prove harmful to the City’s tourism industry and economy, to the activities of the U.S. Navy and the Port of Virginia, and to the marine life and environment, which are all integral to the City’s quality of life; and WHEREAS, a healthy tourism industry and economy are necessary to protect the public health, safety and welfare of our citizens. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That the Council opposes offshore oil and gas exploration and drilling, including seismic testing. 2. That this resolution shall be in effect on and after the date of its adoption, October 9, 2018. G. Other City Council Actions 1. Resolution Authorizing and Directing the City Manager to Execute a Memorandum of Understanding (MOU) By and Between the City of Newport News, Virginia and the County of York, Virginia for a Stormwater Treatment Pond Located at 1001 Baptist Road ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND THE COUNTY OF YORK, VIRGINIA FOR A STORMWATER TREATMENT POND LOCATED AT 1001 BAPTIST ROAD, LOCATED WITHIN THE LEE HALL RESERVOIR WATERSHED. BACKGROUND: Waterworks has been working with York County to construct several stormwater treatment facilities to capture urban runoff from reservoir watersheds that are not owned by the City to protect regional drinking water supplies. The stormwater treatment pond is located on City-owned property at 1001 Baptist Road within the Lee Hall Reservoir watershed. Waterworks is providing the land and easements, and York County will fund all the engineering, permitting, construction, operating and maintenance costs. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re MOU w-York County for Watershed Protection sdm16509 Authorizing re MOU between City and County of York -Stormwater Treatment Pond G. Other City Council Actions 2. Resolution Authorizing and Directing the City Manager to Execute a Tower Space Lease By and Between Max Media of Hampton Roads LLC and the City of Newport News, Virginia, for Space on a Communications Tower Located at or Near 20 Jefferson Avenue ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A TOWER SPACE LEASE BY AND BETWEEN MAX MEDIA OF HAMPTON ROADS LLC AND THE CITY OF NEWPORT NEWS, VIRGINIA FOR SPACE ON A COMMUNICATIONS TOWER LOCATED AT OR NEAR 20 JEFFERSON AVENUE. BACKGROUND: The requested tower space lease, between Max Media as Lessor, and the City as Lessee, is to provide the City with space on Max Media's tower near the Seafood Industrial Park (SIP). The Lease will provide a "line-of-site" for security camera use by the Police Department, City Security and the Department of Development to remotely view the piers and channels located in the SIP. FISCAL IMPACT: Max Media has agreed to allow the City use of the space on the tower for the nominal rental rate of $10 per year for the five-year term, with automatic five-year renewals thereafter. Terms of the proposed lease, equipment and pricing have been negotiated in coordination with the City Attorney's office, the Department of Development, Max Media and the City's consultant on cell tower issues. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re Max Media Tower Space Lease sdm16498 Authorizing re Tower Space Lease - Max Media of Hampton Roads, Inc H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. None *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 Scott Vick Woodbury Cherry Harris Jenkins Price 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.”