Video index
Presentations
A. Resolution of Recognition: Newport News Apprentice School "The Builders"
Men’s Wrestling Team
B. Resolution of Recognition: St. George’s Episcopal Church
C. Proclamation: National Safety Month - June 2009
Meeting Paused
Meeting Resumed
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation was rendered by Pastor Gerald Wollitz, Calvary Chapel.
B. Pledge of Allegiance to the Flag of the United States of America
The Pledge of Allegiance to the Flag of the United States of America was led by Councilman Herbert H. Bateman, Jr.
C. Public Hearings
1. Conditional Release of Development Restriction - 41 Morrison Avenue
(1) Conditional Release of Development Restriction – 41 Morrison Avenue AN ORDINANCE TO CONDITIONALLY RELEASE A DEVELOPMENT RESTRICTIONS ON PROPERTY LOCATED AT 41 MORRISON AVENUE, NEWPORT NEWS, VIRGINIA. This ordinance conditionally released a development restriction on property located at 41 Morrison Avenue. The property owners of 41 Morrison Avenue petitioned the City Council at its September 23, 2008 Work Session, to remove a developments restriction which required the property to remain open space in perpetuity. The proposed use of the property would be consistent with the single-family residential zoning of the area. The City Attorney drafted an ordinance that released the development restriction subject to the condition that the design of the residence be subject to the review and approval of the City of Newport News Director of Planning and 10 other conditions. The Director of Planning reviewed and approved the design of the proposed single-family residence. The City Manager recommended release of the development restriction with conditions.
Motion to closure of the public hearing 1. Conditional Release of Development Restriction - 41 Morrison Avenue Moved by Whitaker, seconded by Vick.
Vote to closure of the public hearing 1. Conditional Release of Development Restriction - 41 Morrison Avenue (Approved)
Motion to adoption of the ordinance 1. Conditional Release of Development Restriction - 41 Morrison Avenue Moved by Woodbury, seconded by Scott.
Vote to adoption of the ordinance 1. Conditional Release of Development Restriction - 41 Morrison Avenue (Approved)
2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane
(2) Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND WARWICK LIONS CLUB, INCORPORATED, DATED THE 9TH DAY OF JUNE, 2009, FOR A CINDER BLOCK STORAGE BUILDING LOCATED ON MUNICIPAL LANE. This ordinance authorized the City Manager to execute a lease between the City of Newport News, Virginia, and the Warwick Lions Club, Incorporated, related to a storage building on Municipal Lane. The Warwick Lions Club had continually leased a storage building on Municipal Lane from the City since 1994. The lease was to expire on June 2009, and a new lease requested. The new lease contained essentially the same terms and conditions; however, rather than an uninterrupted five-year term, the new lease was for a one-year period, with four successive one-year options to renew at the discretion of the City. The new lease also reflected a 25% increase in the annual rental rate to $500. The lease obligation of the Warwick Lions Club to maintain the building remained in place. There was a new provision reserving unto the City the right to use a 375 square foot portion of the structure for storage purposes, given 45 days advance notice by the City. The City Manager recommended approval.
Motion to closure of the public hearing 2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane Moved by McMillan, seconded by Woodbury.
Vote to closure of the public hearing 2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane (Approved)
Motion to closure of the public hearing 2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane Moved by Whitaker, seconded by Bateman.
Vote to closure of the public hearing 2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane (Approved)
D. Consent Agenda
1. Minutes of the Work Session of May 26, 2009
2. Minutes of the Special Meeting of May 26, 2009
3. Minutes of the Regular Meeting of May 26, 2009
4. Resolution Canceling Second City Council Meetings in July, August and December 2009
A SPECIAL RESOLUTION CANCELING THE REGULAR COUNCIL MEETINGS OF JULY 28, 2009, AUGUST 25, 2009 AND DECEMBER 22, 2009. This Resolution cancelled the July 28, 2009, August 25, 2009, and December 22, 2009. Cancellation of the second regularly scheduled meetings in July and August was consistent with previous years, in which City Council met only once during each of these two months to accommodate summer vacation schedules. In the same regard, cancellation of the second meeting in December would accommodate holiday vacation schedules. Taking action at this time to officially cancel these meetings allowed staff to schedule pending items for upcoming meeting agendas, accommodate the required advertising and notification requirements for certain items of business.
5. Resolution Reauthorizing Jefferson Park Redevelopment Plan
RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS RE-AUTHORIZING THE JEFFERSON PARK REDEVELOPMENT PLAN PURSUANT TO TITLE 36 OF THE CODE OF VIRGINIA. This Resolution reauthorized the Jefferson Park Redevelopment Plan, pursuant to Title 36 of the Code of Virginia. The original Jefferson Park Redevelopment Plan was approved by the Newport News City Council on June 26, 2006. The original plan called for the acquisition of 56 properties in the area, the relocation of resident and demolition of structures to allow assemblage of properties for new development. To date, 36 properties had been acquired. Title 36 of the Code of Virginia required that plans approved after July 2002 be reauthorized within 36 months of the original City Council action. In order to comply with Title 36, the Jefferson Park Redevelopment Plan must be reauthorized by City Council prior to June 26, 2009. It was anticipated that an additional $2.7 million was needed to complete the project, as originally proposed. Of this amount, $1.5 million had been approved in the CIP over the next two years. The City Manager recommended approval.
Motion to adoption of consent agenda D. Consent Agenda Moved by Whitaker, seconded by Scott.
Vote to adoption of consent agenda D. Consent Agenda (Approved)
Motion to adoption of consent agenda D. Consent Agenda Moved by Whitaker, seconded by Vick.
Vote to adoption of consent agenda D. Consent Agenda (Approved)
E. Other City Council Actions
1. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Newport News Public Schools (NNPS) Pension Benefits
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, DIVISION 2., DEFINITIONS, SECTION 31-25, DEFINITIONS; DIVISION 3., MEMBERSHIP, SECTION 31-30, MEMBERSHIP GENERALLY AND SECTION 31-31, EXCLUSIONS FROM MEMBERSHIP. This ordinance amended Chapter 31 of the City Code, Pensions and Retirement, Sections 31-25, 31-30 and 31-31. On April 22, 2009, the Newport News School Board voted unanimously to approve a recommendation to City Council and the Board of Trustees of the Newport News Employees’ Retirement Fund (NNERF), that all eligible School Board employees hired on or after July 1, 2009, be members of only the Virginia Retirement System (VRS) and no longer eligible for membership in NNERF. On May 28, 2009, the Retirement Board unanimously approved the School Board’s recommendation to exclude School Board employees hired on and after July 1, 2009. The City Manager recommended closing the City’s pension plan to new NNPS VRS participants. Current NNPS employees and retirees would not be affected by this change; their benefits would remain vested in both retirement plans. The City would have no future accrued actuarial liability incurred for NNPS’ employees hired on or after July 1, 2009. The City Manager recommended approval.
Motion to adoption of the ordinance 1. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Newport News Public Schools (NNPS) Pension Benefits Moved by Whitaker, seconded by Scott.
Vote to adoption of the ordinance 1. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Newport News Public Schools (NNPS) Pension Benefits (Approved)
2. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Reemployment
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, DIVISION 4., CREDITED SERVICE, SECTION 31-38, REEMPLOYMENT OF A VESTED, TERMINATED MEMBER NOT RECEIVING RETIREMENT BENEFITS; AND SECTION 31-39, REEMPLOYMENT OF A RETIRED MEMBER RECEIVING RETIREMENT BENEFITS. This ordinance amended Chapter 31-38, Reemployment of a Vested, Terminated Member Not Receiving Retirement Benefits), and 31-39 (Reemployment of a Retired Member Receiving Retirement Benefits). On May 28, 2009, the Retirement Board of Trustees unanimously approved recommending to City Council, amending the Pension Code to define how to calculate retirement benefits for vested, terminated and retired members who were rehired in a full-time position prior to October 1, 2007. The recommendation was to implement the “prior administrative practice” of combining all of the service time together and using one Average Final Compensation (AFC) for those members rehired prior to October 1, 207. The recommendation would not decrease a member’s benefits. Because the City combined all of the accredited service together and used only one AFC, the result would be a higher benefit. The City Manager recommended approval.
Motion to adoption of the ordinance 2. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Reemployment Moved by Whitaker, seconded by Bateman.
Vote to adoption of the ordinance 2. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Reemployment (Approved)
3. Resolution Authorizing Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and Hampton Roads Localities
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN MEMORANUM OF AGREEMENT BY AND BETWEEN THE HAMPTON ROADS SANITATION DISTRICT AND THE CITIES OF VIRGINIA BEACH, NORFOLK, CHESAPEAK, SUFFOLK, HAMPTON, NEWPORT NEWS, PORTSMOUTH, WILLIAMSBURG AND POQUOSON, THE TOWN OF SMITHFIELD, THE COUNTIES OF ISLE OF WIGHT, GLOUCESTER AND YORK AND JAMES CITY SERVICE AUTHORITY DATED THE 9TH DAY OF JUNE, 2009, PERTAINING TO MUTUAL COOPERATION IN THE RETROFIT ENFORCEMENT OF GERASE CONTROL DEVICES. This resolution authorized the City Manager to execute an Agreement between the Hampton Roads Sanitation District (HRSD) and the Cities of Virginia Beach, Norfolk, Chesapeake, Suffolk, Hampton, Newport News, Portsmouth, Williamsburg and Poquoson, the Town of Smithfield, the Counties of Isle of Wight, James City, Gloucester and York, pertaining to mutual cooperation in the retrofit enforcement of grease control devices. In compliance with a Regional Special Order by Consent from the Virginia Department of Environmental Quality (DEQ), the City Council was briefed at its May 26, 2009 Work Session by Public Works staff on efforts to establish the environmentally damaging build-up of organic materials in sewer lines. As part of this process, the City was committing, along with other cities in the region, to be more aggressive in controlling the amount of fats, oils and grease, otherwise known as FOG-related sewer back-ups and overflows. Food service facilities and restaurants were most often the major contributors to these build-ups. The non-binding Memorandum of Agreement (MOA) between the HRSD and the Hampton Roads localities was the first stop in establishing the City’s FOG Program. This was a necessary “good faith” action consistent with the Consent Order. There was no financial commitment by the City related to this MOA.
Motion to adoption of the resolution 3. Resolution Authorizing Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and Hampton Roads Localities Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution 3. Resolution Authorizing Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and Hampton Roads Localities (Approved)
F. Appropriations
1. Fire Department - Pet Shelter Grant from the Department of Homeland Security - $20,000
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE - FED PED SHELTER – 09 ($20,000.00) TO EQUIPMENT ($20,000.00). This resolution appropriated $20,000.00 from FY 2009 Federal Department of Homeland Security Grant Revenue to the Fire Department. The Fire Department received a grant award of $20,000.00 from the Department of Homeland Security through the Virginia Department of Emergency Management. The funding was restricted in use to support the acquisition of a trailer and supplies in adequate number to open and operate a pet shelter during an emergency. Grant guidance provided that the trailer and supplies may be requested as an asset by the State, through a Statewide Mutual Aid Plan, under a Memorandum of Understanding. The State did not require a local grant match funding. The City Manager recommended approval.
2. Fire Department - Hazardous Materials (HazMat) Grant from the Department of Homeland Security - $60,000
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE-F-DHS-HAZMAT GRANT 09 ($60,000.00) TO EQUIPMENT ($60,000.00). This resolution appropriated $60,000.00 from FY 2009 Department of Homeland Security Grant Revenue to the Fire Department. The Fire Department received a grant award of $60,000.00 from the Department of Homeland Security through the Virginia Department of Emergency Management (VDEM). The funding was restricted in use to support the Newport News Hazardous Materials Response Team (HazMat). VDEM was provided this funding in recognition of the City’s status as a regional hazardous materials response team for the Commonwealth. Grant guidance restricts the funds to the purchase of equipment and training to support a response to chemical, biological, radiological or explosive incidents. The State did not require any local grant match funding.
3. Fire Department - "Four for Life" Grant from the Virginia Department of Health - $158,459
A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE – FOUR FOR LIFE 09 ($158,459.00) TO TRAINING ($10,000.00) AND MACHINERY & EQUIPMENT ($148,459.00). This resolution appropriated $158,459.00from FY 2009 State Department of Health Grant Revenue to the Fire Department. The Fire Department received a grant award of $158,459.00 from the State Department of Health as the City’s portion of the “Four for Life” payments, as required by Section 46.2-694, Code of Virginia. The funding was restricted in use to training emergency medical personnel and the purchase of necessary equipment medical personnel and the purchase of necessary equipment and supplies, as allowed under program guidance. The State did not require long grant match funding. The City Manager recommended approval.
4. Engineering Department - Streetlight Installation for the Jefferson Avenue Widening Project - $579,000
A RESOLUTION APPROPRIATING FUNDS FROM REVENUE FROM THE COMMONWEALTH – VIRGINIA DEPARTMENT OF TRANSPORTATION ($567,420.00) AND VDOT LOCAL GRANT MATCH – JEFFERSON AVENUE WIDENTING - STREETLIGHTS ($11,580.00). This resolution appropriated $579,000.00 of front funding, for th installation of streetlights along the Jefferson Avenue widening project, between Buchanan Drive and Green Grove Lane. The Department of Transportation (VDOT) was widening Jefferson Avenue between Buchanan Drive and Green Grove Lane. Dominion Virginia Power would install 94 streetlights. The City would be responsible for the administration of the streetlight installation project. The City’s cost share would come from appropriations available for VDOT Local Grant Match within the Streets and Bridges category of the CIP. Upon completion of this project, the City would be 98% reimbursed by VDOT. The City Manager recommended approval.
Motion to adoption of appropriation F. Appropriations Moved by Bateman, seconded by Vick.
Vote to adoption of appropriation F. Appropriations (Approved)
G. Citizen Comments on Matters Germane to the Business of City Council
Joann Minarik, 114 Linbrook Drive, NN, expressed concern about the KWR project. Questioned why Justice Department got involved. Questioned what would happen at the end of 90 days.
City Manager stated Justice Dept. were attorneys for all federal agencies. Filed a motion of appeal. CM would provide Council with a comprehensive report if project is terminated. Appeal decision complicates ity's analysis.
H. New Business and Councilmember Comments
HHB congratulated Menchville Monarchs on winning State Championship. Possibility of Middle Ground Blvd. extension.
JSF extended condolences to BaCote family and Archey families on their losses.
MM extended condolences to the BaCote family on loss of Coach Teddy BaCote, and to the Archey family.
June 17 Town Hall Meeting at Colossian Baptist Church at 7 p.m. sponsored by NNPD.
SPS offered condolences to the BaCote family. Congratulations to 378 black men honored recently.
June 22, 7 p.m. North District Town Hall Meeting at American Legion Post 368.
TLV offered condolences to BaCote family.
JCW offered condolences to BaCote family.
PPW offered condolences to BaCote family.
Commented on Drug Court graduation We should never question the money for that program.
Commented on Foster parents Weekend, who presented here with a tee shirt, which she proudly wore.
Announced June 19 All City Musical Revue at the Downing Gross Center @ 7 p.m. Congratulations Mr. Villella.
SPS, June 13, Survivors not victims Program @ King Lincoln Park. Kids would get free meals.
MM June 13, Wine Tasting @ Lee Hall Mansion.
Adjourn
Jun 09, 2009 Regular City Council Meeting
Full agenda
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Video Index
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Presentations
A. Resolution of Recognition: Newport News Apprentice School "The Builders"
Men’s Wrestling Team
B. Resolution of Recognition: St. George’s Episcopal Church
C. Proclamation: National Safety Month - June 2009
Meeting Paused
Meeting Resumed
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation was rendered by Pastor Gerald Wollitz, Calvary Chapel.
B. Pledge of Allegiance to the Flag of the United States of America
The Pledge of Allegiance to the Flag of the United States of America was led by Councilman Herbert H. Bateman, Jr.
C. Public Hearings
1. Conditional Release of Development Restriction - 41 Morrison Avenue
(1) Conditional Release of Development Restriction – 41 Morrison Avenue AN ORDINANCE TO CONDITIONALLY RELEASE A DEVELOPMENT RESTRICTIONS ON PROPERTY LOCATED AT 41 MORRISON AVENUE, NEWPORT NEWS, VIRGINIA. This ordinance conditionally released a development restriction on property located at 41 Morrison Avenue. The property owners of 41 Morrison Avenue petitioned the City Council at its September 23, 2008 Work Session, to remove a developments restriction which required the property to remain open space in perpetuity. The proposed use of the property would be consistent with the single-family residential zoning of the area. The City Attorney drafted an ordinance that released the development restriction subject to the condition that the design of the residence be subject to the review and approval of the City of Newport News Director of Planning and 10 other conditions. The Director of Planning reviewed and approved the design of the proposed single-family residence. The City Manager recommended release of the development restriction with conditions.
Motion to closure of the public hearing 1. Conditional Release of Development Restriction - 41 Morrison Avenue Moved by Whitaker, seconded by Vick.
Vote to closure of the public hearing 1. Conditional Release of Development Restriction - 41 Morrison Avenue (Approved)
Motion to adoption of the ordinance 1. Conditional Release of Development Restriction - 41 Morrison Avenue Moved by Woodbury, seconded by Scott.
Vote to adoption of the ordinance 1. Conditional Release of Development Restriction - 41 Morrison Avenue (Approved)
2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane
(2) Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND WARWICK LIONS CLUB, INCORPORATED, DATED THE 9TH DAY OF JUNE, 2009, FOR A CINDER BLOCK STORAGE BUILDING LOCATED ON MUNICIPAL LANE. This ordinance authorized the City Manager to execute a lease between the City of Newport News, Virginia, and the Warwick Lions Club, Incorporated, related to a storage building on Municipal Lane. The Warwick Lions Club had continually leased a storage building on Municipal Lane from the City since 1994. The lease was to expire on June 2009, and a new lease requested. The new lease contained essentially the same terms and conditions; however, rather than an uninterrupted five-year term, the new lease was for a one-year period, with four successive one-year options to renew at the discretion of the City. The new lease also reflected a 25% increase in the annual rental rate to $500. The lease obligation of the Warwick Lions Club to maintain the building remained in place. There was a new provision reserving unto the City the right to use a 375 square foot portion of the structure for storage purposes, given 45 days advance notice by the City. The City Manager recommended approval.
Motion to closure of the public hearing 2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane Moved by McMillan, seconded by Woodbury.
Vote to closure of the public hearing 2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane (Approved)
Motion to closure of the public hearing 2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane Moved by Whitaker, seconded by Bateman.
Vote to closure of the public hearing 2. Lease between the City and Warwick Lions Club, Inc., for Storage Building on Municipal Lane (Approved)
D. Consent Agenda
1. Minutes of the Work Session of May 26, 2009
2. Minutes of the Special Meeting of May 26, 2009
3. Minutes of the Regular Meeting of May 26, 2009
4. Resolution Canceling Second City Council Meetings in July, August and December 2009
A SPECIAL RESOLUTION CANCELING THE REGULAR COUNCIL MEETINGS OF JULY 28, 2009, AUGUST 25, 2009 AND DECEMBER 22, 2009. This Resolution cancelled the July 28, 2009, August 25, 2009, and December 22, 2009. Cancellation of the second regularly scheduled meetings in July and August was consistent with previous years, in which City Council met only once during each of these two months to accommodate summer vacation schedules. In the same regard, cancellation of the second meeting in December would accommodate holiday vacation schedules. Taking action at this time to officially cancel these meetings allowed staff to schedule pending items for upcoming meeting agendas, accommodate the required advertising and notification requirements for certain items of business.
5. Resolution Reauthorizing Jefferson Park Redevelopment Plan
RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS RE-AUTHORIZING THE JEFFERSON PARK REDEVELOPMENT PLAN PURSUANT TO TITLE 36 OF THE CODE OF VIRGINIA. This Resolution reauthorized the Jefferson Park Redevelopment Plan, pursuant to Title 36 of the Code of Virginia. The original Jefferson Park Redevelopment Plan was approved by the Newport News City Council on June 26, 2006. The original plan called for the acquisition of 56 properties in the area, the relocation of resident and demolition of structures to allow assemblage of properties for new development. To date, 36 properties had been acquired. Title 36 of the Code of Virginia required that plans approved after July 2002 be reauthorized within 36 months of the original City Council action. In order to comply with Title 36, the Jefferson Park Redevelopment Plan must be reauthorized by City Council prior to June 26, 2009. It was anticipated that an additional $2.7 million was needed to complete the project, as originally proposed. Of this amount, $1.5 million had been approved in the CIP over the next two years. The City Manager recommended approval.
Motion to adoption of consent agenda D. Consent Agenda Moved by Whitaker, seconded by Scott.
Vote to adoption of consent agenda D. Consent Agenda (Approved)
Motion to adoption of consent agenda D. Consent Agenda Moved by Whitaker, seconded by Vick.
Vote to adoption of consent agenda D. Consent Agenda (Approved)
E. Other City Council Actions
1. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Newport News Public Schools (NNPS) Pension Benefits
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, DIVISION 2., DEFINITIONS, SECTION 31-25, DEFINITIONS; DIVISION 3., MEMBERSHIP, SECTION 31-30, MEMBERSHIP GENERALLY AND SECTION 31-31, EXCLUSIONS FROM MEMBERSHIP. This ordinance amended Chapter 31 of the City Code, Pensions and Retirement, Sections 31-25, 31-30 and 31-31. On April 22, 2009, the Newport News School Board voted unanimously to approve a recommendation to City Council and the Board of Trustees of the Newport News Employees’ Retirement Fund (NNERF), that all eligible School Board employees hired on or after July 1, 2009, be members of only the Virginia Retirement System (VRS) and no longer eligible for membership in NNERF. On May 28, 2009, the Retirement Board unanimously approved the School Board’s recommendation to exclude School Board employees hired on and after July 1, 2009. The City Manager recommended closing the City’s pension plan to new NNPS VRS participants. Current NNPS employees and retirees would not be affected by this change; their benefits would remain vested in both retirement plans. The City would have no future accrued actuarial liability incurred for NNPS’ employees hired on or after July 1, 2009. The City Manager recommended approval.
Motion to adoption of the ordinance 1. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Newport News Public Schools (NNPS) Pension Benefits Moved by Whitaker, seconded by Scott.
Vote to adoption of the ordinance 1. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Newport News Public Schools (NNPS) Pension Benefits (Approved)
2. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Reemployment
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, DIVISION 4., CREDITED SERVICE, SECTION 31-38, REEMPLOYMENT OF A VESTED, TERMINATED MEMBER NOT RECEIVING RETIREMENT BENEFITS; AND SECTION 31-39, REEMPLOYMENT OF A RETIRED MEMBER RECEIVING RETIREMENT BENEFITS. This ordinance amended Chapter 31-38, Reemployment of a Vested, Terminated Member Not Receiving Retirement Benefits), and 31-39 (Reemployment of a Retired Member Receiving Retirement Benefits). On May 28, 2009, the Retirement Board of Trustees unanimously approved recommending to City Council, amending the Pension Code to define how to calculate retirement benefits for vested, terminated and retired members who were rehired in a full-time position prior to October 1, 2007. The recommendation was to implement the “prior administrative practice” of combining all of the service time together and using one Average Final Compensation (AFC) for those members rehired prior to October 1, 207. The recommendation would not decrease a member’s benefits. Because the City combined all of the accredited service together and used only one AFC, the result would be a higher benefit. The City Manager recommended approval.
Motion to adoption of the ordinance 2. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Reemployment Moved by Whitaker, seconded by Bateman.
Vote to adoption of the ordinance 2. Ordinance Amending Chapter 31, Pensions and Retirements, Related to Reemployment (Approved)
3. Resolution Authorizing Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and Hampton Roads Localities
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN MEMORANUM OF AGREEMENT BY AND BETWEEN THE HAMPTON ROADS SANITATION DISTRICT AND THE CITIES OF VIRGINIA BEACH, NORFOLK, CHESAPEAK, SUFFOLK, HAMPTON, NEWPORT NEWS, PORTSMOUTH, WILLIAMSBURG AND POQUOSON, THE TOWN OF SMITHFIELD, THE COUNTIES OF ISLE OF WIGHT, GLOUCESTER AND YORK AND JAMES CITY SERVICE AUTHORITY DATED THE 9TH DAY OF JUNE, 2009, PERTAINING TO MUTUAL COOPERATION IN THE RETROFIT ENFORCEMENT OF GERASE CONTROL DEVICES. This resolution authorized the City Manager to execute an Agreement between the Hampton Roads Sanitation District (HRSD) and the Cities of Virginia Beach, Norfolk, Chesapeake, Suffolk, Hampton, Newport News, Portsmouth, Williamsburg and Poquoson, the Town of Smithfield, the Counties of Isle of Wight, James City, Gloucester and York, pertaining to mutual cooperation in the retrofit enforcement of grease control devices. In compliance with a Regional Special Order by Consent from the Virginia Department of Environmental Quality (DEQ), the City Council was briefed at its May 26, 2009 Work Session by Public Works staff on efforts to establish the environmentally damaging build-up of organic materials in sewer lines. As part of this process, the City was committing, along with other cities in the region, to be more aggressive in controlling the amount of fats, oils and grease, otherwise known as FOG-related sewer back-ups and overflows. Food service facilities and restaurants were most often the major contributors to these build-ups. The non-binding Memorandum of Agreement (MOA) between the HRSD and the Hampton Roads localities was the first stop in establishing the City’s FOG Program. This was a necessary “good faith” action consistent with the Consent Order. There was no financial commitment by the City related to this MOA.
Motion to adoption of the resolution 3. Resolution Authorizing Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and Hampton Roads Localities Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution 3. Resolution Authorizing Memorandum of Agreement between Hampton Roads Sanitation District (HRSD) and Hampton Roads Localities (Approved)
F. Appropriations
1. Fire Department - Pet Shelter Grant from the Department of Homeland Security - $20,000
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE - FED PED SHELTER – 09 ($20,000.00) TO EQUIPMENT ($20,000.00). This resolution appropriated $20,000.00 from FY 2009 Federal Department of Homeland Security Grant Revenue to the Fire Department. The Fire Department received a grant award of $20,000.00 from the Department of Homeland Security through the Virginia Department of Emergency Management. The funding was restricted in use to support the acquisition of a trailer and supplies in adequate number to open and operate a pet shelter during an emergency. Grant guidance provided that the trailer and supplies may be requested as an asset by the State, through a Statewide Mutual Aid Plan, under a Memorandum of Understanding. The State did not require a local grant match funding. The City Manager recommended approval.
2. Fire Department - Hazardous Materials (HazMat) Grant from the Department of Homeland Security - $60,000
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE-F-DHS-HAZMAT GRANT 09 ($60,000.00) TO EQUIPMENT ($60,000.00). This resolution appropriated $60,000.00 from FY 2009 Department of Homeland Security Grant Revenue to the Fire Department. The Fire Department received a grant award of $60,000.00 from the Department of Homeland Security through the Virginia Department of Emergency Management (VDEM). The funding was restricted in use to support the Newport News Hazardous Materials Response Team (HazMat). VDEM was provided this funding in recognition of the City’s status as a regional hazardous materials response team for the Commonwealth. Grant guidance restricts the funds to the purchase of equipment and training to support a response to chemical, biological, radiological or explosive incidents. The State did not require any local grant match funding.
3. Fire Department - "Four for Life" Grant from the Virginia Department of Health - $158,459
A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE – FOUR FOR LIFE 09 ($158,459.00) TO TRAINING ($10,000.00) AND MACHINERY & EQUIPMENT ($148,459.00). This resolution appropriated $158,459.00from FY 2009 State Department of Health Grant Revenue to the Fire Department. The Fire Department received a grant award of $158,459.00 from the State Department of Health as the City’s portion of the “Four for Life” payments, as required by Section 46.2-694, Code of Virginia. The funding was restricted in use to training emergency medical personnel and the purchase of necessary equipment medical personnel and the purchase of necessary equipment and supplies, as allowed under program guidance. The State did not require long grant match funding. The City Manager recommended approval.
4. Engineering Department - Streetlight Installation for the Jefferson Avenue Widening Project - $579,000
A RESOLUTION APPROPRIATING FUNDS FROM REVENUE FROM THE COMMONWEALTH – VIRGINIA DEPARTMENT OF TRANSPORTATION ($567,420.00) AND VDOT LOCAL GRANT MATCH – JEFFERSON AVENUE WIDENTING - STREETLIGHTS ($11,580.00). This resolution appropriated $579,000.00 of front funding, for th installation of streetlights along the Jefferson Avenue widening project, between Buchanan Drive and Green Grove Lane. The Department of Transportation (VDOT) was widening Jefferson Avenue between Buchanan Drive and Green Grove Lane. Dominion Virginia Power would install 94 streetlights. The City would be responsible for the administration of the streetlight installation project. The City’s cost share would come from appropriations available for VDOT Local Grant Match within the Streets and Bridges category of the CIP. Upon completion of this project, the City would be 98% reimbursed by VDOT. The City Manager recommended approval.
Motion to adoption of appropriation F. Appropriations Moved by Bateman, seconded by Vick.
Vote to adoption of appropriation F. Appropriations (Approved)
G. Citizen Comments on Matters Germane to the Business of City Council
Joann Minarik, 114 Linbrook Drive, NN, expressed concern about the KWR project. Questioned why Justice Department got involved. Questioned what would happen at the end of 90 days.
City Manager stated Justice Dept. were attorneys for all federal agencies. Filed a motion of appeal. CM would provide Council with a comprehensive report if project is terminated. Appeal decision complicates ity's analysis.
H. New Business and Councilmember Comments
HHB congratulated Menchville Monarchs on winning State Championship. Possibility of Middle Ground Blvd. extension.
JSF extended condolences to BaCote family and Archey families on their losses.
MM extended condolences to the BaCote family on loss of Coach Teddy BaCote, and to the Archey family.
June 17 Town Hall Meeting at Colossian Baptist Church at 7 p.m. sponsored by NNPD.
SPS offered condolences to the BaCote family. Congratulations to 378 black men honored recently.
June 22, 7 p.m. North District Town Hall Meeting at American Legion Post 368.
TLV offered condolences to BaCote family.
JCW offered condolences to BaCote family.
PPW offered condolences to BaCote family.
Commented on Drug Court graduation We should never question the money for that program.
Commented on Foster parents Weekend, who presented here with a tee shirt, which she proudly wore.
Announced June 19 All City Musical Revue at the Downing Gross Center @ 7 p.m. Congratulations Mr. Villella.
SPS, June 13, Survivors not victims Program @ King Lincoln Park. Kids would get free meals.
MM June 13, Wine Tasting @ Lee Hall Mansion.
Adjourn
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