Video index
Presentation
A. Proclamation: Boy Scouts Government Day - February 1, 2010
A. Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
B. Invocation - Rev. Donald Garrett
Unitarian Universalist Fellowship of the Peninsula
The invocation was rendered by Reverend Donald Garrett, Unitarian Universalist Fellowship of the Peninsula.
C. Pledge of Allegiance to the Flag of the United States of America - Girl Scouts
GSCCC SU 630 - Greater Newport News
The Pledge of Allegiance to the Flag of the United States of America was led by members of Girl Scout Service Unit 630 of Greater Newport News.
D. Public Hearings
1. Ordinance Granting a Telecommunication Utility Easement - 15198 Warwick Boulevard (Stoney Run Recreation Center)
AN ORDINANCE AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN DEED OF EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND VERIZON VIRGINIA INC., DATED THE 26TH DAY OF JANUARY, 2010, FOR THE STONEY RUN RECREATION CENTER. This ordinance granted a utility easement to Verizon, Inc., over City-owned property located at 15198 Warwick Boulevard. A request to receive bids was advertised in the Daily Press on December 28, 2009 and January 4, 2010. City Council received one bid for this easement at its January 12, 2010 meeting. This easement was needed to finalize the recorded plat for underground conduits and cables for the relocation of telecommunication service at the Stoney Run Recreation Center. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by McMillan, seconded by Scott.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by McMillan, seconded by Scott.
Vote to adoption of the ordinance (Approved)
2. Ordinance Amending Chapter 40, Taxation, Article I, General Provisions and Exemption, Division 3, Property Exempted by Designation: To Add Section 40-8.08, Property of Denbigh Properties, LLC
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., GENERAL PROVISIONS AND EXEMPTIONS, DIVISION 3., PROPERTY EXEMPTED BY DESIGNATION, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 40-8.08, PROPERTY OF DENBIGH PROPERTIES LLC. This ordinance amended Chapter 40, Taxation, Article I, General Provisions and Exemptions, Division 3, Property Exempted by Designation, by adding Section 40-8.08, Property of Denbigh Properties, LLC. Denbigh Properties, LLC requested tax exempt status for real property located at 12727 E. McManus Boulevard, Condominium Units and E. This was the location for Denbigh House, a vocational-based day program for adult victims of traumatic brain injury. Based on staff’s review, the property met the legal requirements to be considered for real estate tax exempt status. The public hearing was advertised in the January 19, 2010 of the Daily Press. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by Bateman, seconded by Scott.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by McMillan, seconded by Vick.
Vote to adoption of the ordinance (Approved)
3. Ordinance Authorizing the Acting City Manager to Execute An Agreement to Relocate Property Rights, Deed of Release, and the Deed of Easement that will Adjust the Location of the City’s Existing Access Easement for Waterworks Controlled Property
AN ORDINANCE AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EFFECTUATE THE EXCHANGE OF CERTAIN PROPERTY OWNED BY THE CITY OF NEWPORT NEWS, AND POMOCO DEVELOPMENTS, INC. IN YORK COUNTY FOR THE PURPOSE OF IMPLEMENGINT AN EXCHANGE OF EASEMENT RIGHTS ON SAID PROPERTIES. This ordinance authorized the Acting City Manager to execute the Agreement to relocate property rights, Deed of Release, and the Deed of Easement that adjusted the location of the City’s existing access easement for Waterworks-controlled property. Action was needed because the property on which the easement was located, was owned by Pomoco Developments, Inc. (Pomoco). Pomoco was in the process of developing a single family residential subdivision and the road into the development would be built over the City’s existing easement. Pomoco proposed to provide access off of the new roadway, which would ultimately be dedicated as a public street. This transaction was an exchange of easement rights. There would be no exchange of fee simple property rights, and no costs incurred by the City. The developer would pay all costs associated with this transaction. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by Scott, seconded by Vick.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance (Approved)
E. Consent Agenda
1. Minutes of the Work Session of January 12, 2010
2. Minutes of the Regular Meeting of January 12, 2010
Motion to adoption of consent agenda Moved by McMillan, seconded by Scott.
Vote to adoption of consent agenda (Approved)
F. Other City Council Actions
1. Ordinance Amending City Code, Chapter 31, Pensions and Retirement
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; SECTION 31-31, EXCLUSIONS FROM MEMBERSHIP; AND ADDING THERETO A NEW SECTION, NAMELY: SECTION 31-34, VIRGINIA RETIREMENT SYSTEM; DIVISION 5., ELIGIBILITY FOR, RECEIPT FND AMOUNGS OF, RETIREMENT BENEFITS; SECTION 31-52, REGULAR RETIREMENT; SECTION 31-53, EARLY RETIREMENT; SECTION 31-54, RETIREMENT ALLOWANCES ; ARTILC III., EMPLOYEES’ POST-RETIREMENT HEALTH AND WELFARE BENEFITS FUND, DIVISION 2., DEFINITIONS, SECTION 31-95, DEFINITIONS; DIVISION 3., MEMERSHIP, SECTION 31-100, MEMBERSHIP GENERALLY; DIVISION 4., CITY RETIREMEES’ POST-RETIREMENT MEDICAL BENEFITS, SECTION 31-110, GENERAL PROVISIONS; SECTION 31-111, FUNDS’S CONTRIBUTION; SECTION 31-112, FUND’S CONTRIBUTION SCHEDULE; AND BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 31-113, HEALTH REIMBURSEMENT PROGRAM; DIVISION 5., CITY RETIREES’ POST-RETIREMENT DENTAL BENEFITS; SECTION 31-115, GENERAL PROVISIONS; SECTION 31-116, FUND’S CONTRIBUTION; AND SECTION 31-117, FUND’S CONTRIBUTION SCHEDULE. This ordinance amended the City Code, Chapter 31, Pensions and Retirement. The ordinance enacted the proposed changes to the Pension and other Post Employment Benefits (OPEB) programs. The proposed changes were outlined in the summary attached to the City Manager’s Memo. The proposed amendments as set forth in the ordinance had no impact on current retirees and minimized the impact to existing employees. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Bateman, seconded by Woodbury.
Vote to adoption of the ordinance (Approved)
2. Resolution Approving the Transition of Those Employed by the City, On and After March 1, 2010, to the Virginia Retirement System (VRS), for Retirement and Certain Other Benefits
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER ON BEHALF OF THE CITY OF NEWPORT ENWS, VIRGINIA, TO ELECT, EFFECTIVE MARCH 1, 2010, TO HAVE THOSE OF NEWLY HIRED EMPLOYEES, NEWLY HIRED EMPLOYEES OF ITS CONSTITUTIONAL OFFICER, AND ITS NEWLY ELECTED CONSTITUTIONAL OFFICERS, WHO ARE REGULARLY EMPLOYED FULL TIME ON A SALARIES BASIS AND WHOSE TENURE IS NOT RESTRICTED AS TO TEMPORARY OR PROVISIONAL APPOINTMENT TO BECOME ELIGIBLE TO PARTICIPATE IN THE VIRGINIA RETIREMENT SYTEM, AND IN THE GROUP LIFE INSURANCE PROGRAM, AS SET OUT IN TITLE 51.1, OF THE CODE OF VIRGINIA; AND ATO ELECT, EFFECTIVE MARCH 1, 2010, TO HAVE SUCH NEWLY HIRED EMPLOYEES OF THE CITY WHO ARE EMPLOYED IN POSITIONS AS FULL TIME SALARIED LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS WHOSE TENURE IS NOT RESTRICTED AS TO TEMPORARY OR PROVISIONAL APPOINTMENT, TO BECOME ELIGIBLE FOR THE ENHANCED BENEFITS DESCRIBED IN SECTION 51.1-138 OF THE CODE OF VIRGINIA, INCLUDING THE RETIREMENT MULTIPLIER OF 1.85%, IN LIEU OF THE BENEFITS THAT WOULD OTHERWISE BE PROVIDED, AND THE CITY AGREES TO PAY THE EMPLOYER COST FOR PROVIDING ELIGIBLE EMPLOYEES SUCH BENEFITS; AND TO PROVIDE CURRENT EMPLOYEES WITH THE OPTION FOR ONE YEAR TO ELECT TO BECOME ELIGIBLE TO PARTICIPATE IN THE VIRGINIA RETIREMENT SYSTEM AND THE GROUP LIFE INSURANCE PROGRAM, AND TO THE ENHANCED BENEFITS FOR CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS; AND TO PAY THE REQUIRED EMPLOYER COST THEREIF AND DEDUCT FROM THE EMPLOYEES’ WAGES THE AMOUNTS REQUIRED OR AUTHORIZED BY LAW; AND TO EXECUTE ANY REQUIRED CONTRACT AND ATAKE ANY OTHER ACTIONS INCIDENT AND NECESSARY IN FUTHERANCE OF THE ABOVE; AND AUTHORIZING THE TREASURER TO PAY SUCH SUMS AS ARE DUE TO BE PAID BY THE CITY AND ITS EMPLOYEES FOR THIS PURPOSE. This resolution transitioned new hires to the Virginia Retirement System (VRS). This was a three-part agenda item. As part of the proposed changes to the City’s Pension Program, it was recommended that all eligible new hires, effective, March 1, 2010, be transitioned to participate in the VRS. This resolution outlined the City’s commitment to have all eligible new hires effective march 1, 2010, participate in VRS. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Bateman, seconded by Vick.
Vote to adoption of the resolution (Approved)
3. Resolution Approving the Cost of the Employee’s Contribution to the Virginia Retirement System (VRS), to be Paid by the City
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, TO PROVIDE ITS EMPLOYEES, EMPLOYEES OF ITS CONSTITUTIONAL OFFICERS, AND ITS CONSTITUTIONAL OFFICERS, WITH TAX DEFERRAL PURSUANT TO SECTION 414 (H) OF THE INTERNAL REVENUE CODE WITH RESPECT TO THEIR MEMBER CONTRIBUTION TO THE VIRGINIA RETIREMENT SYSTEM, THE STATE POLICE OFFICERS RETIREMENT SYSTEM AND THE JUDICIAL RETIREMENT SYSTEM (COLLECTIVELY REFERRED TO AS “VRS”) BY PICKING UP MEMBER CONTRIBUTIONS TO VRS. This resolution allowed the City to pay for the cost of the employee’s contribution to the Virginia Retirement System (VRS) in accordance with Internal Revenue Service regulations. The Acting City Manager recommended approval.
Motion to adoption of the resolution 3. Resolution Approving the Cost of the Employee's Contribution to the Virginia Retirement System (VRS), to be Paid by the City Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution 3. Resolution Approving the Cost of the Employee's Contribution to the Virginia Retirement System (VRS), to be Paid by the City (Approved) (Recorded at 00:26:29)
4. Resolution Approving Employees to Purchase Prior Credited Years of Service with Virginia Retirement System (VRS)
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, TO PROVIDE ITS EMPLOYEES, EMPLOYEES OF ITS CONSTITUTIONAL OFFICERS, AND ITS CONSTITUTIONAL OFFICERS, WITH TAX DEFERRAL PURSUANT TO SECTION 414 (H) OF THE INTERNAL REVENUE CODE WITH RESPECT TO THEIR MEMBER CONTRIBUTION TO THE VIRGINIA RETIREMENT SYSTEM, THE STATE POLICE OFFICERS RETIREMENT SYSTEM AND THE JUDICIAL RETIREMENT SYSTEM (COLLECTIVELY REFERRED TO AS “VRS”) FOR THE PERMISSABLE PURCHASE OF PAST SERVICE CREDIT BY PICKING UP MEMBER CONTRIBUTIONS TO THE VRS. This resolution allowed employees to purchase prior credited years of service. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution (Approved)
5. Ordinance Amending and Repealing the City Code to Change City Council’s Regular Meeting Time to 7:00 p.m.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., CITY COUNCIL, DIVISION 1., GENERALLY, SECTION 2-21, TIME AND PLACE OF REGULAR MEETINGS; DIVISION 2., RULES OF PROCEDURE, SECTION 2-36, ORDER OF BUSINESS PRESCRIBED-REGULAR MEETINGS AND REPEALING SECTION 2-21.1, PREFATORY MEETINGS OF CITY COUNCIL: TIME AND PLACE. This ordinance amended the City Code, Chapter 2, Administration, Article II, Division 1, Section 2-21, Time and Place of Regular Meetings, Section 2-36, Regular Meetings; and Repealing 2-21.1, Prefatory Meetings of City Council: to change City Council’s Regular Meeting time to 7:00 p.m. At City Council’s January 12, 2010 Work Session, a discussion was held regarding changing the start time of the regular meeting. Council was in agreement to effectuate the necessary processes to have the start time changed. The City Attorney’s Office determined that the City Code only needed to be amended and a repeal made to accommodate the change. As discussed, the effective date in the meeting’s start time of 7:00 p.m. will be March1, 2010, with Council’s approval. The effective date allowed the City Clerk’s Office to notify the public of the change. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Woodbury, seconded by Bateman.
Vote to adoption of the ordinance (Approved)
G. Appropriations
1. Fire Department (NNFD): Virginia Department of Emergency Management - To Continue Funding of Community Emergency Response Team (CERT) - $16,650
A RESOLUTION APPROPRIATING FUNDS FROM F-CITIZEN CORP G-DHS – 10 ($16,650.00) TO OTHER SUPPLIES ($16,650.00). This resolution appropriated $16,650.00 from FY 2008 State Homeland Security Program Grant Revenue to the Fire Department Division of Emergency Management. The City received an award of Federal grant funds for FY 2010, through the Virginia Department of Emergency Management (VDEM), in the mount of $16,650.00, to be used by the Fire Department. The funding was restricted in use to support the continuation of the Community Emergency Response Team (CERT) for Newport News. No local funding was required. The Acting City Manager recommended approval.
2. Fire Department (NNFD): Virginia Department of Fire Programs - To Purchase Two Mac Book Pro Laptop Computers - $2,526
A RESOLUTION APPROPRIATING FUNDS FROM S-COMP MINI GRANT – 10 ($2,526.00) TO OTHER SUPPLIES ($2,526.00). This resolution appropriated $2,526.00 from FY 2010 Virginia Department of Fire Programs Grant Revenue to the Fire Department. The City received an award of State grant funds for FY 2010, through the Virginia Department of Fire Programs, in the amount of $2,526.00. The funding was restricted in use to support the purchase of two (2) Mac Book Pro laptop computers for the Fire Department. No local grant match funding was required. The Acting City Manager recommended approval.
3. Department of Juvenile Services (DJS): Department of Criminal Justice Services (DCJS), FY 10 Annual Grant Award - Juvenile Accountability Block Grant (JABG) Program - $53,706
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($48,335.00) AND LOCAL REVENUE ($4,371.00) TO CONTRACTUAL SERVICES ($53,706.00). This resolution appropriated $53,706.00 in Federal and General Funds for the Juvenile Accountability Block Grant (JABG), to be used by the Department of Juvenile Services (DJS). The City was awarded a federal grant from the Juvenile Accountability Block Grant Program in the amount of $48,335.00 in federal funds. This was the seventh consecutive year that the Department had received this grant award. The grant funds would be used by DJS to continue existing programs. A local match of $5,371.00 was required for a total grant award of $53,706.00. The Acting City Manager recommended approval.
4. Department of Juvenile Services (DJS): Department of Criminal Justice Services (DCJS), FY 10 Annual Grant Award - Young Offenders Regional Reentry Program (YORP) - $80,000
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($60,000.00) AND LOCAL REVENUE ($20,000.00) TO OTHER PROFESSIONAL SERVICES ($80,000.00). This resolution appropriated $80,000.00 in Federal and General Funds for the Young Offender Regional Reentry Program (YORP) Grant, to be used by the Department of Juvenile Services (DJS). The City had been awarded a federal grant from the State Department of Criminal Services in the amount of $60,000.00 in federal funds. This was the fourth consecutive year that DJS had received this grant award. The purpose of the grant was to enhance existing substance abuse/mental health treatment and related reentry services by utilizing a holistic approach to the juvenile and their family. The Young Offenders Regional Reentry Program (YORP) plans to provide services to 20 - 40 targeted youth and their families. This would be done by contracting with preexisting collaborative partnerships with various entities within the area, i.e., treatment agencies, the faith community, school, and state agencies. A local grant match of $20,000.00 was required and was available in the General Fund. The Acting City Manager recommended approval.
Motion to adoption of appropriation Moved by Whitaker, seconded by Scott.
Vote to adoption of appropriation (Approved)
H. Citizen Comments on Matters Germane to the Business of City Council
Carl Alexander, addressed Council about dangerous intersection - Hess gas station on Jefferson Avenue at Mercury Boulevard.
I. New Business and Councilmember Comments
Rev. Jim Rudisill addressed Council re the homeless.
J. Adjourn
Jan 26, 2010 Regular City Council Meeting
Full agenda
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Video Index
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Presentation
A. Proclamation: Boy Scouts Government Day - February 1, 2010
A. Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
B. Invocation - Rev. Donald Garrett
Unitarian Universalist Fellowship of the Peninsula
The invocation was rendered by Reverend Donald Garrett, Unitarian Universalist Fellowship of the Peninsula.
C. Pledge of Allegiance to the Flag of the United States of America - Girl Scouts
GSCCC SU 630 - Greater Newport News
The Pledge of Allegiance to the Flag of the United States of America was led by members of Girl Scout Service Unit 630 of Greater Newport News.
D. Public Hearings
1. Ordinance Granting a Telecommunication Utility Easement - 15198 Warwick Boulevard (Stoney Run Recreation Center)
AN ORDINANCE AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN DEED OF EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND VERIZON VIRGINIA INC., DATED THE 26TH DAY OF JANUARY, 2010, FOR THE STONEY RUN RECREATION CENTER. This ordinance granted a utility easement to Verizon, Inc., over City-owned property located at 15198 Warwick Boulevard. A request to receive bids was advertised in the Daily Press on December 28, 2009 and January 4, 2010. City Council received one bid for this easement at its January 12, 2010 meeting. This easement was needed to finalize the recorded plat for underground conduits and cables for the relocation of telecommunication service at the Stoney Run Recreation Center. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by McMillan, seconded by Scott.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by McMillan, seconded by Scott.
Vote to adoption of the ordinance (Approved)
2. Ordinance Amending Chapter 40, Taxation, Article I, General Provisions and Exemption, Division 3, Property Exempted by Designation: To Add Section 40-8.08, Property of Denbigh Properties, LLC
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., GENERAL PROVISIONS AND EXEMPTIONS, DIVISION 3., PROPERTY EXEMPTED BY DESIGNATION, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 40-8.08, PROPERTY OF DENBIGH PROPERTIES LLC. This ordinance amended Chapter 40, Taxation, Article I, General Provisions and Exemptions, Division 3, Property Exempted by Designation, by adding Section 40-8.08, Property of Denbigh Properties, LLC. Denbigh Properties, LLC requested tax exempt status for real property located at 12727 E. McManus Boulevard, Condominium Units and E. This was the location for Denbigh House, a vocational-based day program for adult victims of traumatic brain injury. Based on staff’s review, the property met the legal requirements to be considered for real estate tax exempt status. The public hearing was advertised in the January 19, 2010 of the Daily Press. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by Bateman, seconded by Scott.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by McMillan, seconded by Vick.
Vote to adoption of the ordinance (Approved)
3. Ordinance Authorizing the Acting City Manager to Execute An Agreement to Relocate Property Rights, Deed of Release, and the Deed of Easement that will Adjust the Location of the City’s Existing Access Easement for Waterworks Controlled Property
AN ORDINANCE AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EFFECTUATE THE EXCHANGE OF CERTAIN PROPERTY OWNED BY THE CITY OF NEWPORT NEWS, AND POMOCO DEVELOPMENTS, INC. IN YORK COUNTY FOR THE PURPOSE OF IMPLEMENGINT AN EXCHANGE OF EASEMENT RIGHTS ON SAID PROPERTIES. This ordinance authorized the Acting City Manager to execute the Agreement to relocate property rights, Deed of Release, and the Deed of Easement that adjusted the location of the City’s existing access easement for Waterworks-controlled property. Action was needed because the property on which the easement was located, was owned by Pomoco Developments, Inc. (Pomoco). Pomoco was in the process of developing a single family residential subdivision and the road into the development would be built over the City’s existing easement. Pomoco proposed to provide access off of the new roadway, which would ultimately be dedicated as a public street. This transaction was an exchange of easement rights. There would be no exchange of fee simple property rights, and no costs incurred by the City. The developer would pay all costs associated with this transaction. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by Scott, seconded by Vick.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance (Approved)
E. Consent Agenda
1. Minutes of the Work Session of January 12, 2010
2. Minutes of the Regular Meeting of January 12, 2010
Motion to adoption of consent agenda Moved by McMillan, seconded by Scott.
Vote to adoption of consent agenda (Approved)
F. Other City Council Actions
1. Ordinance Amending City Code, Chapter 31, Pensions and Retirement
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; SECTION 31-31, EXCLUSIONS FROM MEMBERSHIP; AND ADDING THERETO A NEW SECTION, NAMELY: SECTION 31-34, VIRGINIA RETIREMENT SYSTEM; DIVISION 5., ELIGIBILITY FOR, RECEIPT FND AMOUNGS OF, RETIREMENT BENEFITS; SECTION 31-52, REGULAR RETIREMENT; SECTION 31-53, EARLY RETIREMENT; SECTION 31-54, RETIREMENT ALLOWANCES ; ARTILC III., EMPLOYEES’ POST-RETIREMENT HEALTH AND WELFARE BENEFITS FUND, DIVISION 2., DEFINITIONS, SECTION 31-95, DEFINITIONS; DIVISION 3., MEMERSHIP, SECTION 31-100, MEMBERSHIP GENERALLY; DIVISION 4., CITY RETIREMEES’ POST-RETIREMENT MEDICAL BENEFITS, SECTION 31-110, GENERAL PROVISIONS; SECTION 31-111, FUNDS’S CONTRIBUTION; SECTION 31-112, FUND’S CONTRIBUTION SCHEDULE; AND BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 31-113, HEALTH REIMBURSEMENT PROGRAM; DIVISION 5., CITY RETIREES’ POST-RETIREMENT DENTAL BENEFITS; SECTION 31-115, GENERAL PROVISIONS; SECTION 31-116, FUND’S CONTRIBUTION; AND SECTION 31-117, FUND’S CONTRIBUTION SCHEDULE. This ordinance amended the City Code, Chapter 31, Pensions and Retirement. The ordinance enacted the proposed changes to the Pension and other Post Employment Benefits (OPEB) programs. The proposed changes were outlined in the summary attached to the City Manager’s Memo. The proposed amendments as set forth in the ordinance had no impact on current retirees and minimized the impact to existing employees. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Bateman, seconded by Woodbury.
Vote to adoption of the ordinance (Approved)
2. Resolution Approving the Transition of Those Employed by the City, On and After March 1, 2010, to the Virginia Retirement System (VRS), for Retirement and Certain Other Benefits
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER ON BEHALF OF THE CITY OF NEWPORT ENWS, VIRGINIA, TO ELECT, EFFECTIVE MARCH 1, 2010, TO HAVE THOSE OF NEWLY HIRED EMPLOYEES, NEWLY HIRED EMPLOYEES OF ITS CONSTITUTIONAL OFFICER, AND ITS NEWLY ELECTED CONSTITUTIONAL OFFICERS, WHO ARE REGULARLY EMPLOYED FULL TIME ON A SALARIES BASIS AND WHOSE TENURE IS NOT RESTRICTED AS TO TEMPORARY OR PROVISIONAL APPOINTMENT TO BECOME ELIGIBLE TO PARTICIPATE IN THE VIRGINIA RETIREMENT SYTEM, AND IN THE GROUP LIFE INSURANCE PROGRAM, AS SET OUT IN TITLE 51.1, OF THE CODE OF VIRGINIA; AND ATO ELECT, EFFECTIVE MARCH 1, 2010, TO HAVE SUCH NEWLY HIRED EMPLOYEES OF THE CITY WHO ARE EMPLOYED IN POSITIONS AS FULL TIME SALARIED LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS WHOSE TENURE IS NOT RESTRICTED AS TO TEMPORARY OR PROVISIONAL APPOINTMENT, TO BECOME ELIGIBLE FOR THE ENHANCED BENEFITS DESCRIBED IN SECTION 51.1-138 OF THE CODE OF VIRGINIA, INCLUDING THE RETIREMENT MULTIPLIER OF 1.85%, IN LIEU OF THE BENEFITS THAT WOULD OTHERWISE BE PROVIDED, AND THE CITY AGREES TO PAY THE EMPLOYER COST FOR PROVIDING ELIGIBLE EMPLOYEES SUCH BENEFITS; AND TO PROVIDE CURRENT EMPLOYEES WITH THE OPTION FOR ONE YEAR TO ELECT TO BECOME ELIGIBLE TO PARTICIPATE IN THE VIRGINIA RETIREMENT SYSTEM AND THE GROUP LIFE INSURANCE PROGRAM, AND TO THE ENHANCED BENEFITS FOR CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND EMERGENCY MEDICAL TECHNICIANS; AND TO PAY THE REQUIRED EMPLOYER COST THEREIF AND DEDUCT FROM THE EMPLOYEES’ WAGES THE AMOUNTS REQUIRED OR AUTHORIZED BY LAW; AND TO EXECUTE ANY REQUIRED CONTRACT AND ATAKE ANY OTHER ACTIONS INCIDENT AND NECESSARY IN FUTHERANCE OF THE ABOVE; AND AUTHORIZING THE TREASURER TO PAY SUCH SUMS AS ARE DUE TO BE PAID BY THE CITY AND ITS EMPLOYEES FOR THIS PURPOSE. This resolution transitioned new hires to the Virginia Retirement System (VRS). This was a three-part agenda item. As part of the proposed changes to the City’s Pension Program, it was recommended that all eligible new hires, effective, March 1, 2010, be transitioned to participate in the VRS. This resolution outlined the City’s commitment to have all eligible new hires effective march 1, 2010, participate in VRS. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Bateman, seconded by Vick.
Vote to adoption of the resolution (Approved)
3. Resolution Approving the Cost of the Employee’s Contribution to the Virginia Retirement System (VRS), to be Paid by the City
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, TO PROVIDE ITS EMPLOYEES, EMPLOYEES OF ITS CONSTITUTIONAL OFFICERS, AND ITS CONSTITUTIONAL OFFICERS, WITH TAX DEFERRAL PURSUANT TO SECTION 414 (H) OF THE INTERNAL REVENUE CODE WITH RESPECT TO THEIR MEMBER CONTRIBUTION TO THE VIRGINIA RETIREMENT SYSTEM, THE STATE POLICE OFFICERS RETIREMENT SYSTEM AND THE JUDICIAL RETIREMENT SYSTEM (COLLECTIVELY REFERRED TO AS “VRS”) BY PICKING UP MEMBER CONTRIBUTIONS TO VRS. This resolution allowed the City to pay for the cost of the employee’s contribution to the Virginia Retirement System (VRS) in accordance with Internal Revenue Service regulations. The Acting City Manager recommended approval.
Motion to adoption of the resolution 3. Resolution Approving the Cost of the Employee's Contribution to the Virginia Retirement System (VRS), to be Paid by the City Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution 3. Resolution Approving the Cost of the Employee's Contribution to the Virginia Retirement System (VRS), to be Paid by the City (Approved) (Recorded at 00:26:29)
4. Resolution Approving Employees to Purchase Prior Credited Years of Service with Virginia Retirement System (VRS)
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, TO PROVIDE ITS EMPLOYEES, EMPLOYEES OF ITS CONSTITUTIONAL OFFICERS, AND ITS CONSTITUTIONAL OFFICERS, WITH TAX DEFERRAL PURSUANT TO SECTION 414 (H) OF THE INTERNAL REVENUE CODE WITH RESPECT TO THEIR MEMBER CONTRIBUTION TO THE VIRGINIA RETIREMENT SYSTEM, THE STATE POLICE OFFICERS RETIREMENT SYSTEM AND THE JUDICIAL RETIREMENT SYSTEM (COLLECTIVELY REFERRED TO AS “VRS”) FOR THE PERMISSABLE PURCHASE OF PAST SERVICE CREDIT BY PICKING UP MEMBER CONTRIBUTIONS TO THE VRS. This resolution allowed employees to purchase prior credited years of service. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution (Approved)
5. Ordinance Amending and Repealing the City Code to Change City Council’s Regular Meeting Time to 7:00 p.m.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., CITY COUNCIL, DIVISION 1., GENERALLY, SECTION 2-21, TIME AND PLACE OF REGULAR MEETINGS; DIVISION 2., RULES OF PROCEDURE, SECTION 2-36, ORDER OF BUSINESS PRESCRIBED-REGULAR MEETINGS AND REPEALING SECTION 2-21.1, PREFATORY MEETINGS OF CITY COUNCIL: TIME AND PLACE. This ordinance amended the City Code, Chapter 2, Administration, Article II, Division 1, Section 2-21, Time and Place of Regular Meetings, Section 2-36, Regular Meetings; and Repealing 2-21.1, Prefatory Meetings of City Council: to change City Council’s Regular Meeting time to 7:00 p.m. At City Council’s January 12, 2010 Work Session, a discussion was held regarding changing the start time of the regular meeting. Council was in agreement to effectuate the necessary processes to have the start time changed. The City Attorney’s Office determined that the City Code only needed to be amended and a repeal made to accommodate the change. As discussed, the effective date in the meeting’s start time of 7:00 p.m. will be March1, 2010, with Council’s approval. The effective date allowed the City Clerk’s Office to notify the public of the change. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Woodbury, seconded by Bateman.
Vote to adoption of the ordinance (Approved)
G. Appropriations
1. Fire Department (NNFD): Virginia Department of Emergency Management - To Continue Funding of Community Emergency Response Team (CERT) - $16,650
A RESOLUTION APPROPRIATING FUNDS FROM F-CITIZEN CORP G-DHS – 10 ($16,650.00) TO OTHER SUPPLIES ($16,650.00). This resolution appropriated $16,650.00 from FY 2008 State Homeland Security Program Grant Revenue to the Fire Department Division of Emergency Management. The City received an award of Federal grant funds for FY 2010, through the Virginia Department of Emergency Management (VDEM), in the mount of $16,650.00, to be used by the Fire Department. The funding was restricted in use to support the continuation of the Community Emergency Response Team (CERT) for Newport News. No local funding was required. The Acting City Manager recommended approval.
2. Fire Department (NNFD): Virginia Department of Fire Programs - To Purchase Two Mac Book Pro Laptop Computers - $2,526
A RESOLUTION APPROPRIATING FUNDS FROM S-COMP MINI GRANT – 10 ($2,526.00) TO OTHER SUPPLIES ($2,526.00). This resolution appropriated $2,526.00 from FY 2010 Virginia Department of Fire Programs Grant Revenue to the Fire Department. The City received an award of State grant funds for FY 2010, through the Virginia Department of Fire Programs, in the amount of $2,526.00. The funding was restricted in use to support the purchase of two (2) Mac Book Pro laptop computers for the Fire Department. No local grant match funding was required. The Acting City Manager recommended approval.
3. Department of Juvenile Services (DJS): Department of Criminal Justice Services (DCJS), FY 10 Annual Grant Award - Juvenile Accountability Block Grant (JABG) Program - $53,706
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($48,335.00) AND LOCAL REVENUE ($4,371.00) TO CONTRACTUAL SERVICES ($53,706.00). This resolution appropriated $53,706.00 in Federal and General Funds for the Juvenile Accountability Block Grant (JABG), to be used by the Department of Juvenile Services (DJS). The City was awarded a federal grant from the Juvenile Accountability Block Grant Program in the amount of $48,335.00 in federal funds. This was the seventh consecutive year that the Department had received this grant award. The grant funds would be used by DJS to continue existing programs. A local match of $5,371.00 was required for a total grant award of $53,706.00. The Acting City Manager recommended approval.
4. Department of Juvenile Services (DJS): Department of Criminal Justice Services (DCJS), FY 10 Annual Grant Award - Young Offenders Regional Reentry Program (YORP) - $80,000
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($60,000.00) AND LOCAL REVENUE ($20,000.00) TO OTHER PROFESSIONAL SERVICES ($80,000.00). This resolution appropriated $80,000.00 in Federal and General Funds for the Young Offender Regional Reentry Program (YORP) Grant, to be used by the Department of Juvenile Services (DJS). The City had been awarded a federal grant from the State Department of Criminal Services in the amount of $60,000.00 in federal funds. This was the fourth consecutive year that DJS had received this grant award. The purpose of the grant was to enhance existing substance abuse/mental health treatment and related reentry services by utilizing a holistic approach to the juvenile and their family. The Young Offenders Regional Reentry Program (YORP) plans to provide services to 20 - 40 targeted youth and their families. This would be done by contracting with preexisting collaborative partnerships with various entities within the area, i.e., treatment agencies, the faith community, school, and state agencies. A local grant match of $20,000.00 was required and was available in the General Fund. The Acting City Manager recommended approval.
Motion to adoption of appropriation Moved by Whitaker, seconded by Scott.
Vote to adoption of appropriation (Approved)
H. Citizen Comments on Matters Germane to the Business of City Council
Carl Alexander, addressed Council about dangerous intersection - Hess gas station on Jefferson Avenue at Mercury Boulevard.
I. New Business and Councilmember Comments
Rev. Jim Rudisill addressed Council re the homeless.
J. Adjourn
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