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 FEBRUARY 12, 2019 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Rev. Emerson Boyer, Ivy Baptist Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations - None E. Public Hearings 1. Ordinance Granting a Utility Easement On a Portion of City-Owned Property Located at 690 Turnberry Boulevard for the Installation of Underground Electrical Circuits to Facilitate Construction of the New Service Center for Operations and Transportation (SCOT) Facilities. 2. Ordinance Granting a Utility Easement On a Portion of City-Owned Property Located at 12601 McManus Boulevard for the Installation of Underground Electrical Circuits to Facilitate Construction of the New Service Center for Operations and Transportation (SCOT) Facilities 3. Ordinance Authorizing the City Manager to Execute All Necessary Documents to Convey a City-Owned Property Located at 711 21st Street to the Newport News Redevelopment and Housing Authority (NNRHA) 4. Ordinance Authorizing and Directing the City Manager to Execute Any and All Documents Necessary to Execute Lease Agreement By and Between the City of Newport News, Virginia and B-52 Smokehouse BBQ and Lounge, LLC F. Consent Agenda  1. Minutes of the Work Session of January 22, 2019 2. Minutes of the Joint Work Session of the Newport News City Council and the Newport News School Board of January 22, 2019 3. Minutes of the Regular Meeting of January 22, 2019 4. Resolution in Memoriam: Kwamie Lassiter G. Other City Council Actions 1. Resolution Authorizing and Directing the City Manager to Execute Any and All Documents Necessary to Execute an Updated and Renewed Hazardous Materials Response Team Agreement between the City and the Virginia Department of Emergency Management. 2. Ordinance Amending and Reordaining City Code Chapter 16, Fire Prevention and Protection; Article IV., Sections 16-41 Through 16-45, as Required By Updates to the Statewide Fire Prevention Code (§ 27-94 ET SEQ.) and the Uniform Statewide Building Code (§ 36-97 ET SEQ.) H. Appropriations 1. Newport News Police Department (NNPD) - Criminal Justice Training Academy Fees: Specialized Training and Equipment Purchase - $100,000 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. 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 – Rev. Emerson Boyer, Ivy Baptist Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Granting a Utility Easement On a Portion of City-Owned Property Located at 690 Turnberry Boulevard for the Installation of Underground Electrical Circuits to Facilitate Construction of the New Service Center for Operations and Transportation (SCOT) Facilities. ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING A UTILITY EASEMENT ON A PORTION OF CITY-OWNED PROPERTY LOCATED AT 690 TURNBERRY BOULEVARD FOR THE INSTALLATION OF UNDERGROUND ELECTRICAL CIRCUITS TO FACILITATE CONSTRUCTION OF THE NEW SERVICE CENTER FOR OPERATIONS AND TRANSPORTATION (SCOT) FACILITIES. BACKGROUND: At its January 22, 2019 meeting, City Council received and opened bids in response to a request for utility easements on a portion of City-owned parcels located at 690 Turnberry Boulevard. The easement is needed to enable installation of underground electrical circuits for the new Service Center for Operations and Transportation (SCOT) facilities. The successful bidder for the easement on each parcel was Virginia Power Company (d/b/a Dominion Energy Virginia). The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re Utility Easement 690 Turnberry Blvd Ordinance 690 Turnberry Blvd - Attachment 1 Ordinance 690 Turnberry Blvd - Attachment 3 sdm16687 Authorizing Deed of Easement - 690 Turnberry Blvd  Proposed Utility Easement Over City-Owned Parcels Located at 690 Turnberry Boulevard and 12601 McManus Boulevavard 12601 McManus Boulevard Approximate location of proposed easement 690 Turnberry Boulevard E. Public Hearings 2. Ordinance Granting a Utility Easement On a Portion of City-Owned Property Located at 12601 McManus Boulevard for the Installation of Underground Electrical Circuits to Facilitate Construction of the New Service Center for Operations and Transportation (SCOT) Facilities ACTION: A REQUEST TO ADOPT AN ORDINANCE GRANTING A UTILITY EASEMENT ON A PORTION OF CITY-OWNED PARCEL LOCATED AT 12601 MCMANUS BOULEVARD FOR THE INSTALLATION OF UNDERGROUND ELECTRICAL CIRCUITS TO FACILITATE CONSTRUCTION OF THE NEW SERVICE CENTER FOR OPERATIONS AND TRANSPORTATION (SCOT) FACILITIES. BACKGROUND: At its January 22, 2019 meeting, City Council received and opened bids in response to a request for utility easements on a portion of City-owned parcels located at 12601 McManus Boulevard. The easements are needed to enable installation of underground electrical circuits for the new Service Center for Operations and Transportation (SCOT) facilities. The successful bidder for the easement on each parcel was Virginia Power Company (d/b/a Dominion Energy Virginia). The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re Utility Easement 12601 McManus Blvd Attachment 2: 12601 McManus Plat to accompany ROW agreement Attachment 3: Aerial of Proposed Utility Easement sdm16683 Authorizing Deed of Easement - 12601 McManus Blvd  Proposed Utility Easement Over City-Owned Parcels Located at 690 Turnberry Boulevard and 12601 McManus Boulevavard 12601 McManus Boulevard Approximate location of proposed easement 690 Turnberry Boulevard E. Public Hearings 3. Ordinance Authorizing the City Manager to Execute All Necessary Documents to Convey a City-Owned Property Located at 711 21st Street to the Newport News Redevelopment and Housing Authority (NNRHA) ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS, INCLUDING DEEDS, NECESSARY TO EFFECTUATE THE CONVEYANCE OF A CERTAIN CITY-OWNED PROPERTY LOCATED AT 711 21STH STREET TO THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY (NNRHA). BACKGROUND: Consistent with the City’s ongoing Choice Neighborhood Initiative (CNI) efforts, the City plans to convey this city- owned property to the NNRHA. Once conveyed, NNRHA will combine with other vacant lots to create a parcel large enough to accommodate Phase I of the planned development included in the Marshall-Ridley Choice Neighborhood Transformation Plan. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re Conveyance of 711 21st St sdm16743 Authorizing Conveyance of 711 21st St and 713 21st St to NNRHA sdm16743 ORDINANCE NO. __________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, ANY AND ALL DOCUMENTS, INCLUDING DEEDS, NECESSARY TO EFFECTUATE THE CONVEYANCE OF CERTAIN CITY OWNED PROPERTY TO THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY. WHEREAS, the City Manager has recommended that certain City owned property be conveyed to the Newport News Redevelopment and Housing Authority; and WHEREAS, the City Council concurs with this recommendation, finding that it is in the public interest to make such conveyances. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That it desires to, and hereby does, authorize and direct 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 the conveyance, by special warranty, of the City owned properties listed below to the Newport News Redevelopment and Housing Authority: ACCOUNT ADDRESS LEGAL DESCRIPTION 312.0204-65 711 21st Street Lot 32, Block 16 312.0204-64 713 21st Street Lot 31, Block 16 2. That the documents necessary to implement the property conveyances authorized herein shall either be prepared by or reviewed by the City Attorney before their execution. The City Manager and City Attorney are hereby authorized to resolve title issues or other matters necessary to effectuate the conveyance of the properties to the Authority. 3. That this ordinance shall be in effect on and after the date of its adoption, February 12, 2019. E. Public Hearings 4. Ordinance Authorizing and Directing the City Manager to Execute Any and All Documents Necessary to Execute Lease Agreement By and Between the City of Newport News, Virginia and B-52 Smokehouse BBQ and Lounge, LLC ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND B-52 SMOKEHOUSE AND LOUNGE, LLC, TO OPERATE THE CONCESSION STAND AT THE HUNTINGTON PARK BEACH. BACKGROUND: The City periodically leases the concession stand at Huntington Park Beach (HPB) for the convenience of park visitors. The City solicited Request for Proposals (RFP) in the fall of 2018 to provide this service. One responsive proposal was received from B-52 Smokehouse and Lounge, LLC. FISCAL IMPACT: Rent will be $300 per month plus five percent (5%) of gross sales during the months the concession stand is open. The City Manager recommends approval. ATTACHMENTS: Description Memo to HCC re Huntington Park Concession 2.6.19 sdm16733 Authorizing re Lease between City and B-52 Smokehouse BBQ & Lounge F. Consent Agenda 1. Minutes of the Work Session of January 22, 2019 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session of January 22, 2019 F. Consent Agenda 2. Minutes of the Joint Work Session of the Newport News City Council and the Newport News School Board of January 22, 2019 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Special Joint Work Session for January 22, 2019 F. Consent Agenda 3. Minutes of the Regular Meeting of January 22, 2019 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Regular Meeting for January 22, 2019 F. Consent Agenda 4. Resolution in Memoriam: Kwamie Lassiter ACTION: A REQUEST TO APPROVE A RESOLUTION IN MEMORIAM FOR KWAMIE LASSITER BACKGROUND: Kwamie Lassiter was born on December 3, 1969, in Hampton, Virginia and was educated in the Newport News public school system, graduating from Menchville High School. He attended Butler Community College in 1989 and 1990, transferring to the University of Kansas in 1991, and graduating with a degree in Communications in 1994. Kwamie Lassiter played two years of college football at Butler Community College, and upon transferring to the University of Kansas, played from 1992 to 1994, playing on the 1992 Aloha Bowl Championship team. He also earned All- Big Eight Honors as a senior at the University of Kansas. In 1995, Kwamie Lassiter was signed as an undrafted free agent by the Arizona Cardinals of the National Football League ("NFL"). He played for the Arizona Cardinals from 1995 to 2002, the San Diego Chargers in 2003, and the St. Louis Rams in 2004. Over his NFL career, Kwamie Lassiter was credited with 416 solo tackles and 180 assisted tackles for a total of 596 tackles, 25 interceptions, 4 sacks, and 2 touchdowns. In 2001, he was selected as an alternate to the Pro Bowl. Since his retirement from professional football, Kwamie Lassiter served as a pregame and postgame host for the Arizona Cardinals Radio Network from 2006 to 2008. In 2009, he hosted the Kwamie Lassiter’s Sports Talk program on the VoiceAmerica Internet radio network. In 2010, he became President of the NFL Alumni Chapter in Arizona. Kwamie Lassiter created the Kwamie Lassiter Foundation. The mission of the Foundation is to “make health and wellness a priority by increasing the awareness to a better living.” Kwamie Lassiter was particularly passionate about health  awareness and his Foundation helped to bring awareness about sickle cell anemia, cancer, and childhood obesity and to promote active lives with a healthy diet in children. Kwamie Lassiter also started the T.A.C.K.L.E. (Teaching All Children to Kickoff Leadership in Education) Foundation. The T.A.C.K.L.E. Foundation seeks to “help establish better futures for children who are at risk for poor educational, social, economic and health outcomes.” Kwamie Lassiter passed away on January 6, 2019, at the age of forty-nine; he is survived by his loving wife, Erika; sons Kwamie II, Eric, Kwinton, Kwincy, Darius, KaVon, Devon, and Darian. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description sdm16740 Memoriam re Kwamie Lassiter sdm16740 RESOLUTION NO. ______________ RESOLUTION IN MEMORIAM KWAMIE LASSITER WHEREAS, the Council of the City of Newport News, Virginia, records with deep and profound sadness the death of the Kwamie Lassiter; and WHEREAS, Kwamie Lassiter was born on December 3, 1969, in Hampton, Virginia and was educated in the Newport News public school system, graduating from Menchville High School. He attended Butler Community College in 1989 and 1990 transferring to the University of Kansas in 1991 and graduating with a degree in communications in 1994; and WHEREAS, Kwamie Lassiter played two years of college football at Butler Community College and upon transferring to the University of Kansas played from 1992 to 1994, playing on the 1992 Aloha Bowl Championship team. He also earned All-Big Eight Honors as a senior at the University of Kansas; and WHEREAS, in 1995, Kwamie Lassiter was signed as undrafted free agent by the Arizona Cardinals of the National Football League (“NFL”). He played for the Arizona Cardinals from 1995 to 2002, the San Diego Chargers in 2003, and the St. Louis Rams in 2004. Over his NFL career, Kwamie Lassiter was credited with 416 solo tackles and 180 assisted tackles for a total of 596 tackles, 25 interceptions, 4 sacks, and 2 touchdowns. In 2001, he was selected as an alternate to the Pro Bowl; and WHEREAS, since his retirement from professional football, Kwamie Lassiter served as a pregame and postgame host for the Arizona Cardinals Radio Network from 2006 to 2008. In 2009, he hosted the Kwamie Lassiter’s Sport Talk program on the VoiceAmerica Internet radio network. In 2010, he became president of the NFL Alumni Chapter in Arizona; and WHEREAS, Kwamie Lassiter created the Kwamie Lassiter Foundation. The mission of the foundation is to “make health and wellness a priority by increasing the awareness to a better living.” Kwamie Lassiter was particularly passionate about health awareness and his foundation helped to bring awareness about sickle cell anemia, cancer, and childhood obesity and to promote active lives with a healthy diet in children; and WHEREAS, Kwamie Lassiter also started the T.A.C.K.L.E. (Teaching All Children to Kickoff Leadership in Education) Foundation. The T.A.C.K.L.E. Foundation seeks to “help establish better futures for children who are at risk for poor educational, social, economic and health outcomes.” ; and WHEREAS, Kwamie Lassiter passed away on January 6, 2019, at the age of forty-nine; he is survived by his loving wife, Erika; sons Kwamie II, Eric, Kwinton, Kwincy, Darius, KaVon, Devon, and Darian; and  WHEREAS, the product of his professional and community activities touched the lives of many, and the death of Kwamie Lassiter creates a void 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 Kwamie Lassiter has done to serve others and for his many contributions to the quality of life of those he touched. 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 Kwamie Lassiter. 3. That this resolution shall be in effect on and after the date of its adoption, February 12, 2019. G. Other City Council Actions 1. Resolution Authorizing and Directing the City Manager to Execute Any and All Documents Necessary to Execute an Updated and Renewed Hazardous Materials Response Team Agreement between the City and the Virginia Department of Emergency Management. ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT (VDEM) REGARDING THE HAZARDOUS MATERIALS RESPONSE TEAM. BACKGROUND: The City of Newport News and the Commonwealth of Virginia Department of Emergency Management (VDEM) have worked together for a number of years to enhance the Commonwealth's emergency response capabilities. The VDEM is authorized by the Code of Virginia, Sections 44-146.18 and 44-146.36.A, to enter into agreements to provide hazardous materials emergency response, necessary or incidental, in performance of any of its duties, with political subdivisions and other public and private entities. The Fire Department's Hazardous Materials Response Team has operated as a regional response asset through a formal Memorandum of Understanding (MOU) between the VDEM and the City of Newport News for almost 30 years. Support through the VDEM for the Newport News Hazardous Materials Team - in the form of training, technical guidance and annual funding - allow the Fire Department to provide an enhanced level of service to the citizens of the City and the Commonwealth on a daily basis. An update and renewal of the existing MOU - effective until June 30, 2023 - provides clear lines of authority and responsibility for each party.  The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re VDEM HazMat Response Team MOU 2.6.19 Newport News HAZMAT_VDEM_MOU sdm16736 Authorizing re MOU between VA Dept of Emergency Management and City G. Other City Council Actions 2. Ordinance Amending and Reordaining City Code Chapter 16, Fire Prevention and Protection; Article IV., Sections 16-41 Through 16-45, as Required By Updates to the Statewide Fire Prevention Code (§ 27-94 ET SEQ.) and the Uniform Statewide Building Code (§ 36-97 ET SEQ.) ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING AND REORDAINING CITY CODE CHAPTER 16, FIRE PREVENTION AND PROTECTIONARTICLE IV., SMOKE DETECTORS; SECTION 16-41, SMOKE DETECTORS REQUIRED; SECTION 16-42, CERTIFICATION; SECTION 16-43, MAINTENANCE; SECTION 16-44, EXEMPTIONS; AND SECTION 16-45, VIOLATIONS, AS REQUIRED BY UPDATES TO THE STATEWIDE FIRE PREVENTION CODE (§ 27-94 ET SEQ.) AND THE UNIFORM STATEWIDE BUILDING CODE (§ 36-97 ET SEQ.). BACKGROUND: The City has a Fire Prevention and Protection ordinance in place, which addresses the installation and maintenance of smoke alarms in rental properties. Legislation was passed in the 2018 Legislative Session that created a statewide standard for the installation and maintenance of smoke alarms in rental properties. The legislation requires that localities that have enacted fire alarm ordinances must conform with these state standards. The updated code requires that the owner of any dwelling - to occupy, lease or rent - install smoke alarms in it in conformance with the provisions of the Uniform Statewide Building Code. The owner of any rented or leased dwelling shall also certify annually that the smoke alarms have been installed and maintained in good working order in a residential dwelling pursuant to the Statewide Fire Prevention Code (§ 27-94 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). The amended and reordained ordinance also changes "smoke  detectors" to "smoke alarms" and increases the penalty for violating any provision of the article from a Class 3 misdemeanor to a Class 1 misdemeanor. The ordinance shall be in effect on and after July 1, 2019, in compliance with Virginia Code. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re Amending Chapter 16 Draft_Smoke Alarm Ordinance sdm16735 Secs. 16-41, 16-42, 16-43, 16-44 and 16-45 sdm16735 ORDINANCE NO. ____________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 16, FIRE PREVENTION AND PROTECTION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV., SMOKE DETECTORS, SECTION 16-41, SMOKE DETECTORS REQUIRED; SECTION 16- 42, CERTIFICATION; SECTION 16-43, MAINTENANCE; SECTION 16-44, EXEMPTIONS; AND SECTION 16-45, VIOLATIONS. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 16, Fire Prevention and Protection, of the Code of the City of Newport News, Virginia, Article IV., Smoke Detectors, Section 16-41, Smoke detectors required; Section 16- 42, Certification; Section 16-43, Maintenance; Section 16-44, Exemptions; and Section 16-45, Violations; be, and the same hereby is, amended and reordained as follows: ARTICLE IV. SMOKE DETECTORSALARMS Sec. 16-41. Smoke detectorsalarms required. It shall be unlawful for the owner of any building to occupy, lease or rent any dwelling or dwelling unit or to operate, use or permit any building, or part thereof, to be operated or used as a hotel, motel or rooming house until smoke detectors alarms have been installed in it in conformance with the provisions of the Uniform Statewide Building Code. Smoke alarms installed pursuant to this section shall be installed only in conformance with the provisions of the Uniform Statewide Building Code and shall be permitted to be either battery operated or AC powered. Such installation shall not require new or additional wiring and shall be maintained in accordance with the Statewide Fire Prevention Code and subdivision C 6 of § 36-105, Part II of the Uniform Statewide Building Code. Sec. 16-42. Certification. The owner of any rented or leased dwelling unit shall provide to each tenant at the beginning of each tenancy, and at least annually thereafter, a certificate stating that the required all smoke detector alarms is are present, has have been inspected by the owner, his employee, or an independent contractor, and is are in good working order. Sec. 16-43. Maintenance. (a) Smoke detectors alarms located in hallways, stairwells and other public or common areas of multi-family buildings shall be maintained in good working condition by the owner.  (b) Maintenance of smoke detectors in rented or leased dwelling units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair or replace any malfunctioning smoke detector within five (5) days of receipt of written notice that such smoke detector is in need of service, repair or replacement. Except for smoke alarms located in public or common areas of multi-family buildings, interim testing, repair, and maintenance of smoke alarms in rented or leased dwelling units shall be the responsibility of the tenant in accordance with § 55- 225.4 or § 55-248.16 of the Code of Virginia, 1950, as amended, as applicable. (c) All smoke detectors required by this Code and installed in other than rental or leased dwelling units shall be maintained in good operating condition by the owner and shall be inspected by the owner not less than once annually. Sec. 16-44. Exemptions. Smoke detectors installed in buildings constructed prior to September 1, 1973 may be operated from either A.C. primary power or a battery, or a combination of both power sources.Nothing herein shall require the upgrading of any smoke alarms provided by the building code in effect at the time of the last renovation of such building, for which a building permit was required, or as otherwise provided in the Uniform Statewide Building Code. Sec. 16-45. Violations. Any person violating a provision of this article shall be guilty of a Class 3 1 misdemeanor. 2. That this ordinance shall be in effect on and after July 1, 2019. 2 sdm16735 ORDINANCE NO. ____________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 16, FIRE PREVENTION AND PROTECTION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV., SMOKE DETECTORS, SECTION 16-41, SMOKE DETECTORS REQUIRED; SECTION 16- 42, CERTIFICATION; SECTION 16-43, MAINTENANCE; SECTION 16-44, EXEMPTIONS; AND SECTION 16-45, VIOLATIONS. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 16, Fire Prevention and Protection, of the Code of the City of Newport News, Virginia, Article IV., Smoke Detectors, Section 16-41, Smoke detectors required; Section 16- 42, Certification; Section 16-43, Maintenance; Section 16-44, Exemptions; and Section 16-45, Violations; be, and the same hereby is, amended and reordained as follows: CHAPTER 16 FIRE PREVENTION AND PROTECTION ARTICLE IV. SMOKE DETECTORSALARMS Sec. 16-41. Smoke detectorsalarms required. It shall be unlawful for the owner of any building to occupy, lease or rent any dwelling or dwelling unit or to operate, use or permit any building, or part thereof, to be operated or used as a hotel, motel or rooming house until smoke detectors alarms have been installed in it in conformance with the provisions of the Uniform Statewide Building Code. Smoke alarms installed pursuant to this section shall be installed only in conformance with the provisions of the Uniform Statewide Building Code and shall be permitted to be either battery operated or AC powered. Such installation shall not require new or additional wiring and shall be maintained in accordance with the Statewide Fire Prevention Code and subdivision C 6 of § 36-105, Part II of the Uniform Statewide Building Code. Sec. 16-42. Certification. The owner of any rented or leased dwelling unit shall provide to each tenant at the beginning of each tenancy, and at least annually thereafter, a certificate stating that the required all smoke detector alarms is are present, has have been inspected by the owner, his employee, or an independent contractor, and is are in good working order. Sec. 16-43. Maintenance. (a) Smoke detectors alarms located in hallways, stairwells and other public or common areas of multi-family buildings shall be maintained in good working condition by the owner. (b) Maintenance of smoke detectors in rented or leased dwelling units shall be the responsibility of the tenant; however, the owner shall be obligated to service, repair or replace any malfunctioning smoke detector within five (5) days of receipt of written notice that such smoke detector is in need of service, repair or replacement. Except for smoke alarms located in public or common areas of multi-family buildings, interim testing, repair, and maintenance of smoke alarms in rented or leased dwelling units shall be the responsibility of the tenant in accordance with § 55- 225.4 or § 55-248.16 of the Code of Virginia, 1950, as amended, as applicable. (c) All smoke detectors required by this Code and installed in other than rental or leased dwelling units shall be maintained in good operating condition by the owner and shall be inspected by the owner not less than once annually. Sec. 16-44. Exemptions. Smoke detectors installed in buildings constructed prior to September 1, 1973 may be operated from either A.C. primary power or a battery, or a combination of both power sources.Nothing herein shall require the upgrading of any smoke alarms provided by the building code in effect at the time of the last renovation of such building, for which a building permit was required, or as otherwise provided in the Uniform Statewide Building Code. Sec. 16-45. Violations. Any person violating a provision of this article shall be guilty of a Class 3 1 misdemeanor. 2. That this ordinance shall be in effect on and after July 1, 2019. 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) – Criminal Justice Training Academy Fees: Specialized Training and Equipment Purchase - $100,000 H. Appropriations 1. Newport News Police Department (NNPD) - Criminal Justice Training Academy Fees: Specialized Training and Equipment Purchase - $100,000 ACTION: A REQUEST TO APPROVE THE APPROPRIATION OF $100,000 FROM THE LOCAL CRIMINAL JUSTICE TRIANING ACADEMY FEES TO PAY FOR SPECIALED TRAINING FOR POLICE EMPLOYEES AND TO PURCHASE TRAINING SUPPLIES FOR THE NEWPORT NEWS POLICE TRAINING ACADEMY. BACKGROUND: The Police Department is requesting $100,000 appropriation from the Local Criminal Justice Training Academy fees. These fees were authorized by City Code, Section 2-18.2, which allows clerks of the circuit, general district, and juvenile and domestic relations district courts to assess and collect a fee of five dollars in every case in which costs are assessable; all funds collected pursuant to this ordinance are to be used to support the Police Department's Criminal Justice Training Academy. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Memo to HCC re CJTA Appropriation 2.6.19 sdm16747 Appropriation re Criminal Justice Training Academy Fees sdm16747 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM USE OF FUND BALANCE TO TRAVEL- TRAIN/MEETING EXPENSE. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Use of Fund Balance to Travel-Train/Meeting Expense, as follows: Appropriation From: Use of Fund Balance 2580-000-00-0000-450000- 000000-0000-00000 $ 100,000.00 Appropriation To: Travel-Train/Meeting Expense 2580-000-00-0000-555040- 000000-0000-00000 $ 100,000.00 *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.”