Agenda . City Council Regular Meeting City Council Chambers 2400 Washington Ave
Tuesday, January 14, 2020, 7:00 PM
Page
A. Call to Order
B. Invocation – Pastor Father George Chioros, Saints Constantine and Helen Greek Orthodox Church
C. Pledge of Allegiance to the Flag of the United States of America
D. Presentations None
E. Public Hearings
1. Ordinance Authorizing the City Manager to Execute a Franchise Agreement By 3 - 43 and Between the City of Newport News, Virginia and Verizon Wireless to Locate, Co-Locate, Construct, Operate and Maintain Small Cell Facilities in the City Rights-of-way Agenda Item #20-002 - Pdf
F. Consent Agenda
1. Minutes of the City Council Retreat of November 14-15, 2019 44 - 78 Agenda Item #20-013 - Pdf City Council Retreat - November 14 - 15, 2019 - Minutes - Pdf
2. Minutes of the Work Session of December 10, 2019 79 - 103 Agenda Item #20-011 - Pdf Work Session - Dec 10 2019 - Minutes - Pdf
3. Minutes of the Special Meeting of December 10, 2019 104 - 107 Agenda Item #20-012 - Pdf City Council Special Meeting - Dec 10 2019 - Minutes - Pdf
4. Minutes of the Regular Meeting of December 10, 2019 108 - 127 Agenda Item #20-014 - Pdf Regular City Council - Dec 10 2019 - Minutes - Pdf
5. Resolution to Name a Bridge Which Spans Lake Maury the "Joe S. Frank 128 - 130 Bridge" Agenda Item #20-008 - Pdf
G. Other City Council Actions
1. Receipt of Bids for Amendment to a Parking Easement Across a Portion of City- 131 - 138 owned Property 1033 28th Street Page 1 of 181
Agenda Item #19-190 - Pdf
2. Receipt of Bids for a Non-Exclusive Franchise Agreement, to Locate, Co-locate, 139 - 178 Construct, Operate, and Maintain Small Cell Facilities in Rights-of-way Owned by the City of Newport News, Virginia Agenda Item #20-001 - Pdf
3. Ordinance Amending and Reordaining City Code, Chapter 26, Motor Vehicles 179 - 181 and Traffic; Article I., In General, By Adding Section 26-9.2, Use of Video- Monitoring Systems to Enforce Law Against Passing Stopped School Buses Agenda Item #19-191 - Pdf
H. Appropriations
1. None Submitted
I. Citizen Comments
J. Old Business, New Business and Councilmember Comments
1. City Manager
2. City Attorney
3. City Clerk
4. Harris
5. Jenkins
6. Price
7. Scott
8. Vick
9. Woodbury
10. Cherry
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.”
Shown Live On Newport News Television Cox Channel 48,Verizon Channel 19 www.nnva.gov
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Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Public Hearings ITEM: Ordinance Authorizing the City Manager to Execute a Franchise Agreement By and Between the City of Newport News, Virginia and Verizon Wireless to Locate, Co-Locate, Construct, Operate and Maintain Small Cell Facilities in the City Rights-of-way DEPARTMENT: Engineering
STRATEGIC PRIORITIES ALIGNMENT:
☒ ☐ ☒ ☒ ☒ ☒ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
ACTION: A Request to Adopt an Ordinance Authorizing the City Manager to Execute a Franchise Agreement By and Between the City of Newport News, Virginia and Verizon Wireless to Locate, Co-Locate, Construct, Operate and Maintain Small Cell Facilities Within the City Rights-of-way.
BACKGROUND INFORMATION: City Council is requested to adopt an ordinance that will grant a franchise agreement to Verizon Wireless to locate, co-locate, construct, operate and maintain small cell facilities within the City rights-of-way.
A request to receive bids was properly advertised in the Daily Press on December 2, 2019 and December 9, 2019. City Council received one bid from Verizon Wireless for this franchise agreement at the December 10, 2019 meeting.
A public hearing has been advertised for the January 14, 2020 City Council meeting for consideration of the ordinance that will grant the franchise agreement to Verizon Wireless.
CITY MANAGER RECOMMENDATION:
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The City Manager recommends approval.
ATTACHMENTS:
Cellco Partnership dba Verizon Wireless Small Cell Facilities Franchise Agreement Ordinance
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Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Consent Agenda ITEM: Minutes of the City Council Retreat of November 14-15, 2019 DEPARTMENT: City Manager
STRATEGIC PRIORITIES ALIGNMENT:
☐ ☐ ☐ ☐ ☐ ☐ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
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MINUTES OF CITY COUNCIL RETREAT HELD IN THE BENJAMIN HARRISON ROOM FOUNDER’S INN 5641 INDIAN RIVER ROAD, VIRGINIABEACH
November 14 — 15, 2019 9:00 A.M.
PRESENT: Saundra N. Cherry, D. Min.; Marcellus L. Harris III; David H. Jenkins McKinley L. Price, DDS; Tina L. Vick; and Dr. PatriciaP. Woodbury------; --6 ABSENT: SharonP. Scott,MPA------1 ------OTHERS PRESENT: Cynthia Rohlf; Collins L. Owens, Jr.; Mabel Washington Jenkins; Alan Archer;David Freeman; Ralph Clayton; FlorenceKingston;Lisa Cipriano; Susan Goodwin; Everett Skipper; Scott Rollins; Cleder Jones; Eoghan Miller; Venerria Thomas; Adrian Whitcomb; Peter Kageyama; Becky Roberts; Zina Middleton and Josh Reyes ;
Call to Order
Mayor Price called the meeting to order, welcomedand thanked everyone for their attendance.
Opening Discussion
City Manager Cynthia Rohlf introducedthe Facilitatorsworking with the City Council,Ms. Becky Roberts and Mr. Peter Kageyama.
Ice Breaker - For The Love of Newport News!
Ms. Roberts asked participants to introducethemselves,share their role with the City, and tell one thing they loved about Newport News.
McKinley L Price, DDS, Elected as Mayor in 2010, City of Newport News loved that Newport News was changing for the better. Tina L. Vick, Vice Mayor, City of Newport News, sharedthat she was born and raised in Newport News - loved the history and concurred with Mayor Price, stating that Newport News was changing for the better. Marcellus L. Harris III, Elected to City Council in 2016; School Counselor, Newport News Public Schools - loved the people and their passion for the City. David H. Jenkins, City Councilman - loved the small town feel of Newport News. Mabel Washington Jenkins, City Clerk, City of Newport News - loved her colleagues/co-workers in the City. Collins L. Owens, City Attorney, City of Newport News - loved that Newport News had something for everyone; i.e. shopping,restaurants, museums. Peter Kagayama, Facilitator, Author of the book “Love Where You Live”- loved the City Council video, “UndercoverBoss” for the 2019 State of the City. Alan K. Archer, Assistant City Manager - loved access to the waterfront and the natural resources.
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Retreat Objectives were as follows:
(1) Introduce and obtain City Council feedback and input on the draft Strategic Plan (2) Explore ways to create emotionally engaging places, vitality and fun in the City Plan (3) Conduct City Business
City Manager Rohlf advisedthat the feedback received from Council would be timely as the City prepared for the Capital Improvements Plan (CIP) and the Operating Budget, which were precursors. She was most excited and looked forward to continued conversations regarding available opportunities to the City of Newport News, and thoughts and ideas about creating a different environment, and to get a buy-in for the Strategic Plan. Mr. Peter Kageyama would sharehis views and examples of what he had seen throughout the world. She hoped to get a buy-in from City Council and from the community so that everyone knew where the City was headed.
City Manager Rohlf asked Ms. Becky Roberts to lead the Council through the agenda.
Ms. Roberts advisedthat City Council would be introducedto, as well as receive and provide input to the Draft Strategic Plan. She indicated the documentwas very much a draft (a copy of the Draft Strategic Plan is attached and made a part of these minutes). Following a review of the strategic priorities, Council would look at how People, Places, and Government were re?ected in the CIP. City Council would be introducedto the new strategic priorities in the Strategic Plan and how those were re?ected in the CIP.
Mr. Kageyama would review “Love Where You Live” and creating emotionally engaging places in Newport News.
Ms. Roberts suggested the following norms for the meeting in an effort to get everyone on the same playing ?eld: (1) share ideas; (2) respect opinions; (3) help manage time; (4) capture results; and (5) have fun. She shared the roles of the attendees to include the participants, subject matter experts, observers, and facilitators.
Mr. Peter Kageyama advised that there was no idea that did not add value. There was a great deal of value to a bad idea. One could learn from a bad idea. Bad ideas could point one into another direction. He would spur thinking and share many ideas. He encouraged Council to share or voice a bad or controversial idea.
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Mr. Kageyama indicated he often wrote about what people loved about their places, which were relatively small things; i.e. personal and intimate;like sending a personalized note with a gi?. A card with a note meant something, making the gift special. Love notes were things that cities gave to their residents, and if lucky, the residentsmay be inclined to give back to the City. Examples shared includedLawn on D in Boston, Massachusetts(an adult playground); Mill Ends Park in Portland, Oregon (world’s smallest o?icial park); and BeltLine in Atlanta, Georgia (a 22-mile walkway around the city, which had opened up redevelopmentoppommities). He suggested a future love note for Newport News was GovernmentDitch. Therewas discussio around this property. The name “Government Ditch” was not inspiring; but the importantn fact was that the City owned the land. Government Ditch needed a new name.
Vice Mayor Vick referenced property on the former City Farm. She indicatedit was difficult to imagine the possibilities if one had always been in the City. When looking at land, it was easy to think about what was wanted but the possibilities could be unimaginable.Mr. Kageyama mentioned that was the reason to bring in people who had been around the world. Over time, people became accustomed to a certain nonn, sometimes something was needed to shake the norm up because change was uncomfortable. Leaders need to know it was okay for people to feel uncomfortable as they experienced something new. He advised that dog parks and murals could he love notes. People may not know your name, but they knew their dog’s name, and eventually they would lea1n your name because the dog had broken the ice and initiated the encounter. The dogs and dog owners provided a sense of safety. He suggested a strategically placed dog park. Dogs humanizecities for the better. The National Association of Parks and Recreation recommend that City Dog parks should be at least two acres.
Mr. Kageyama mentioned that murals were also love notes. He displayed a colorful mural in Ludington, Michigan and a mural festival in St. Petersburg, Florida. Most do not paint, but the residents of Ludington commissioned an artist to come in and create a paint by numbers outline on a wall. Over one weekend, the entire community was invited to grab a number and a bucket of paint. The mural was not “high art” but was a highly interactive work. People feel differently about something they had a hand in making. It was risky but was considered risk management. He reminded there was risk in everything, but the potential upside was quite signi?cant.
Councilwoman Cherry suggested that City of?cials be open to allow creativity, which would reduce the amount of graf?ti in the City. Mr. Kageyama indicated the solution to graf?ti was better graf?ti — a mural would protect the City’s walls. What we do is not for us now, but for the next generation — our kids and our kid’s kids.
Mr. Kageyama mentioned “Walk Raleigh,” when a graduate student put up way?nding signage and a web-based campaign in an effort to promote walkability through the City of Raleigh, North Carolina. The Planning Director questioned the signs because they had been put up without permission. The signs were removed but ultimately put back up under the auspices of a pilot project. He indicated that sometimes someone has to break the rules to get to
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lucky with something simple, like a stencil, “it’s good to be here,”which cost approximately $50. Another example was big pink monsters, designed by Mr. AndrewAnderson,in Muscatine,Iowa, with 25-foot tentacles shoved out of windows of the ?fth and seventh ?oor of the Hotel Muscatinebuilding. Tourism grew as a result with people taking pictures of the monsters. The monsters have made its rounds throughout the City. Mr. Anderson was another example of a co- creator.
Another co-creator was Seattle resident, Mr. Peregrine Church, who created Rainworks, which showed up only when the ground was wet. Co-creators did not look at problems in the same way, nor the resources and were able to do things that of?cials could not. Every community needed spicy people. Co-creators were already in the City — they did not think they had the proper education, the proper resources, nor the City’s permission to be a place maker. He encouraged City Council to enlist the co-creator’s assistance to help change Newport News for the better. Most citizens typically sit back and wait for City Council to make the City better for them. Place making could also be little stuff, such as a community garden, or a dog park, which all had value. Big projects were o?en little projects stackedtogether.
Love? How do we do it and where do we start? (1) Identify the co-creators; (2) Bring them together; (3) Ask them for their help. Most people come to Council, who have the resources. Flip the conversation; (4) Amplify what they do naturally; (5) Provide the co-creators with resources — not money; (6) Ask them to identify other co-creators; and (7) Expand the Circle.
CouncilwomanWoodbury believed there were a lot of creative people, but the way they present themselvesturns most Councilmembersoff. She mentioned Mr. A. C. Pulliam, who has wonderful ideas but people do not like to hear what he has to say. Another was Mr. Jack Gergely, a brilliant engineer, but his presentation turns people off. She suggested Councilmembers realize they do that and try harder not to turn people away. Mr. Kageyama indicated that oftentimescreative people march to a different drum.People often say they want to be more creative and innovative,but sometimes creativity makes others nervous, which can be uncomfortable.When we want the co-creators help, we need to be more accepting.
Mr. Kageyama asked City Councilmembersto rethink the basics and embrace the idea of temporary, rather than getting ?xated on big expensive semi-permanent projects that would last for a generation. At the expense of value, embrace temporary; i.e. pedestrian friendly Time Square. Approximately ten years past, one of the busiest intersectionswas closed and transformed into a pedestrian friendly zone. When ?rst proposed, there was much pushback and opposition; but it was transformed on a temporary basis. Within a few months, it was obvious it would become a permanent change because people loved it. It was probably the plan to be permanent from the beginning,but in order to sell it to the community, it had to be announced as temporary. Rather than having people buy into something unseen where the natural reaction would be no; suggest a smaller, temporary basis, which may work out in a positive manner. Temporary can be one’s best ?iend. Examples — local businessesin Boulder, Colorado were encouraged to invest in little parklets. “Our Place” was suggested on a temporary basis in New Zealand. This was a shipping container created by pop-up retailers. The Better Block out of Dallas, Texas, a 50l(c)3 nonpro?t that educates, equips, and empowers communities and leaders
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Muscle Beach in Wellington, New Zealand, to allow people to jump into the water. It was a ?tness park at the beach, and people would watch others which cost nothing.
Another basic was color. Color mattered. It could impact one’s mood. In Old Town, an old Hispanic Shopping District in Goleta, California,used vibrant colors of paint to liven up the buildings. The same was done in Gulfport, Florida, where businesses attempted to outdo one another with the colors. Color changed the way people felt about the place. The buildings became attractions. The residents felt good about living there and felt proud. The solution to graf?ti was not paint but better graf?ti. Murals could serve as public art. A great deal of money was spent on graf?ti mitigation. The money should be channeledon the creation of murals.
Mr. Kageyama also asked City Councilmembersto rethink failure. All failure was created equal. There was competent failure and incompetent failure. A great deal was learned from competent failure. All failure was tended to be lumped together. As elected officials, failure was hard to overcome. He suggested trying something new and a little different. Get over the idea that all failure was bad. The business community was a great model for competent failure. Begin owning competent failures. Example: the diet coke and mento moment, which created a cataclysmic reaction. If one was afraid to fail, they would never reach a cataclysmic moment. When something failed, Councilmembers needed to have one another’s backs. Albert Einstein, said “a person who never made a mistake, never tried anything new.” Don’t let Newport News be the community that was so a?aid of making a mistake, that they never tried anything new, which was a recipe for mediocracy or a one-time recipe for failure.
Mr. Kageyama also asked City Councilmembersto rethink small — don’t lose sight of the small things. Even though there were big projects in the making, there was a great deal of value to small. Thinking bigger is better is prideful. In the preoccupation of going big, we often lost sight of the small, which did matter. Solving the problems closest to us, has an impact. The problems closest to us are usually relatively small. We know how to ?x small problems. There is a lot of value in solving the small problems. Handle small problems over and over in an effort to handle bigger problems. Mr. Kageyama reminded this was known as recursion. He advised if you’re always working to focus on the big stu?‘, you will never get through the small things. Handle the small problems. Perhaps recursion could also be applied to social problems. Example — Paint the Park Day in Muncie, Indiana. A small community development corporation, Whitely Community Council, had a small budget, decided to purchase paint. They decided to paint McCulloch Park to bring color to the park. Volunteers worked together to paint major park structures in shades of lavender, coral, lime, and turquoise. They also worked on repair, cleanup, and gardening projects throughout the park. Crime went down, not only in the park, but in the neighborhood as a whole. Because the Park looked better, people were inclined to use the park. When they used the park, good activity began to drive away the bad activity. People got together, got to know one another, and began to feel better about themselves and their neighborhoods, helping one another and creating more social interaction.The cost of the project was $6,000. People who point out a big solution, want to point out a big solution. Big problems were small problems stacked together.
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Plastic straws dumped into a land?ll, and last for decades,and end up in the water system. A movement began to ban plastic straws. He showed the picture of a sea turtle with a straw stuck up his nose. In St. Petersburg, Florida, the City Council adopted a resolution to ban plastic straws by 2020. There was pushback because they thought there were other problems to solve. Mr. Kageyama reminded,if one is always focused on the large problems, one would never get to handle the small stuff. Handling the small problem of the straws helped address the bigger problems of climate change,the environment,etc.
Another large problem affecting millions was bad eyesight. There was a huge cascade effect around bad eyesight. If a child could not read his screen or a blackboard, they would fall behind in education, which would impact their entire life. Adults with poor eyesight would be less productive. Seniors who could not read the labels on their prescriptions were subject not to take their medication properly or not at all. On a global level, a combined $37 million was spent on eyeglasses in 2015. This equated to $0.03 per person. He urged City Council to not be afraid to solve a simple problem. Solve small problems in a meaningful way.
Mr. Kageyama also asked City Councilmembers to rethink the nature of infrastructure, central to his new book, The Emotional Infrastructureof Places. When mentioning infrastructure, one o?en thought of roads, bridges, dams, etc. He indicated that infrastructure was all around us; and for most, infrastructure was invisible until it failed. There had been decades of deferred maintenance on infrastructure. In the rush to reinvest in infrastructure, Mr. Kayeyama hoped that we did not invest at the lowest common denominator. Infrastructure was an incredible opportunity as we reinvest. We lived with infrastructure for a long time and we are affected by anything we live with over a long period of time; i.e. interstate highways, suburbs, gated communities, and smart phones. Infrastructuremakes us sad and mad.
It’s just a bridge, but it must be functional, and it must be safe. Example — 8"‘Street Bridge in Port Angeles, Washington. In addition to being a functional bridge, it became the epicenter of suicide. The City put up fences on the bridge, but later thought of stencils with messages that read, “You are loved,” “Call your Mother,” with hope that those messages might trigger something to make the individual rethink the whole process. Other emotional infrastructure included Lake Eola, in Orlando, Florida. Lake Eola is known as Orlando’s top natural playground. In 2009, the fountain in Lake Eola was struck by lightning. In 2011, a rechristening ceremony for the fountain was held, to include hydraulics, a light show, and the citizens were thankful for bringing the fountainback. A small love note with a big impact.
Mr. Kageyama referenced the Pulse Nightclub shooting in 2016. In the aftermath, communities need to come together. They need to grieve, mourn, and just be together. to begin to heal. Forty thousand people came together at Lake Eola. It also happened in Virginia Beach. Emotional infrastructurewas not present only to make one feel good but was there in the time of need. It should be a part of the process. It was not just roads, bridges, and schools,which were very necessary. The City could do all of that with a better sense of the outcome, and the impact it would have over time. Infrastructure was all around us, but it was like background noise. Officials owed it to themselvesand their constituents to think about this in a different way
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differently. Mr. Kageyama replied to try small things. There were consequences if something were to go wrong when attempting a large project. He suggested rather than attempting one mural, do one in all districts.Beauty in art shouldnot live in one place. Once the Council became accustomed to working with one another, it would be easier to do many small things, but hopefully when it came to something big, there would be a spirit of openness, and recognizing that a win in one districtwas a win for all.
CouncilwomanCherry did not want one or two individuals getting together to make a decision on behalf of the entire Council. Mr. Kageyama, responded until the seven members of City Council got together collectively, a decisionhad not been made. A plan may have been offered, but decisionswere made when all seven were collectivelyworking together. Vice Mayor Vick added the problem came in when people were small-mindedand untrusting, and the body was not communicating regularly. Mr. Kageyama advisedthat relationships require work. Little things was where you begin. If the group could all agree collectively on something small, it would be so much easier for the next decision.
Mayor Price suggested that everyone take their cell phones and clear the voice mail to allow messages to be le?.
Mr. Kageyama turned Council’s attention to input on the strategic plan, speci?cally opportunities to love Newport News. The suggested projects were in no particular order: Downtown Reimagined, Victory Landing Park, and Restaurant Row.
Mr. Kageyama indicatedRestaurant Row was the smallest project on the list, but was tightly de?ned. City Council should think about how to support and grow the project. Restaurant Row was in the heart of downtown.It was the psychic center and had lots of potential. Downtown was a part of everyone’s neighborhood. If downtown was not vibrant, it was hard for the City to feel like it was happening. It was in everyone’s ears to make the symbolic projects work. Everyone has to eat, and food was one of the ways people came together. There was a brewery in the downtown area along with a couple of restaurants, cool buildings, and lots of potential. Councilwoman Woodbury advised that the parking was not good. Mr. Kageyama suggested to make it worth getting downtown. Vice Mayor Vick suggested getting there and getting accustomed to the vibrancy. There was not dedicatedparking space. Mr. Kageyama stated that most had a parking expectation, not a parking problem. Focus on creating a great destination and make it worth the effort and people will come. He inquired about somethingthat could be done within two-three months.
Mayor Price suggested merging arts with Restaurant Row. Mr. Kageyama advised that arts tend to hold vibrancy. Create a sense of activity with people visiting downtown, it then becomes a natural place to do a mural. He further suggested performances, but ?rst create traffic. Mr. Kageyama inquired about a Farmer’s Market. He questioned what happened and where it was located. Vice Mayor Vick advised that the Farmer’s Market was at 27"‘Street and Jefferson Avenue. Mr. Kageyama suggested maybe the Fa1mer’sMarket was not supported, and it may have been the wrong time. Because it did not work before, does not mean it will not work
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the next time. Perhaps trying it on a seasonal basis would work and on a Saturday. Assistant City Manager Clayton suggested a Farmer’s Market set up on the Superblock. Vice Mayor Vick indicated timing would play a big part, as well as the community. There were rumors about people being afraid to come to the area due to the surroundings. Mr. Kageyama suggested that Restaurant Row could be a Temporary RestaurantRow, with a Food Truck Rally. Councilman Harris stated, when looking at the downtownarea, there were not a lot of draws to bring people to the area. Other parts of the City have recreational activities for families to bring their children. CouncilmanHarris questioned what could be considered that would bring more tra?ic due to the lack of activity.
Mr. Kageyama agreed there was not a lot to bring people downtown, this was induced demand. Do not overthink it. Try to get people to think of it as a place to go for some activity. The fact that there was a Distillery, a Brewery coming, and there was a couple of restaurants. He reiterated that Council should not overthink things. This could be a garden hose event — bring a band and a beer truck. He wanted people to think that something was going to happen downtown.
City Manager Rohlf advised that conversations were held about this general area of downtownand have been working on a plan. There was a design to include a stage, installation of lighting and benches. Preliminary steps have been taken by applying for grants to put up artwork.
Regarding Councilman Harris’ comments, Ms. Roberts questioned what would families come out to. CouncilmanHarris responded recreational activities. Councilwoman Cherry responded the fireworks and the One City Marathon. Councilman Harris replied but the One City Marathon occurred only once per year. Ms. Roberts inquired about three events Councilman Harris would like to take his children to. Councilman Hanis replied they take the children to recreational activities, games, festivals, etc. Mr. Kagayema pointed out Victory Landing Park which provided opportunities. City Manager Rohlf advised it was about connectivity.
Mr. Kageyama advised that Restaurant Row was for Mom and Dad, singles, and working folks. Everything did not have to be family—friendly.Sometimesyou need some R-rated entertainment, which was okay. There may be an opportunity to integrate some family-friendly events, but there were places already built for that such as parks and playground areas, but children should not be running around parking lots where there is a band and abeer truck nearby.
Mayor Price inquired about publicity as far as food trucks. He advised that certain food trucks had a following at certain events, i.e. Alzheimer’s Walk. Mr. Kageyama
suggested working with the food truck networks — one was the bare minimum, but 12 food trucks was a party. Add a band. He suggested they could build up to having a vibrant downtown again. Take little temporary steps with a band, beer truck, and some food trucks. Co—creatorswould come out with creative suggestions. Get people into the habit, try small things ?rst to see what worked.
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Councilwoman Woodbury advised that Christopher Newport Park was the perfect place. It has a statue of Collis P. Huntington looking out at the James River. It was a beautifulart piece with a fountain.
City Manager Rohlf advised there was Christopher Newport Park and Victory Landing Park, and they could be connected. Staff was working on funding for a trail to connect the two parks. Mayor Price added,the plan was to get 28"‘Street Bridge to extend to that area.
Ms. Roberts indicated those werelong-term plans. Think about what could be done now to get some energy for when the larger in?astructure projects come into play, people would be ready to run with it.
Councilwoman Woodbury advised there could be artwork added to Christopher Newport Park. There was a traf?c circle in which food trucks could line up. Add a band, and the City could have a Night on the Town. City Manager Rohlf added it was about frequency and consistency as an event once every six months may or may not work.
Vice Mayor Vick inquired whether someone from the outside would organize an event. When people came up with a plan, they were told insurancewas too expensive, and they were turned away. Mr. Kageyama advised that the ?rst few times it should be in partnership with the City.
Mr. Kageyama advised that public art was challenging for cities. Of?cials would have to explain public art to people. The citizens would question why the City was spending money on art when there were potholes to ?x. Public art needed to solicit a response. People
should notice it. Public art existed in a different realm and must engage with people. Example — the Palon Cow and Coyote Statue in Washington. People dress up the statues and have fun with them. He suggested dressing the Statue in Christopher Newport Park for Christmas with a hat and an ugly sweater in an effort to change the culture and the expectation. Find the fun!
Councilwoman Woodbury added that the students at Christopher Newport University could be a part of this. A choir could come down and sing at the statue. She advised there was a committee that dressed the lion at Lion’s Bridge annually. She reminded that some of the public art in Newport News was fantastic, but it was not downtown.Mr. Kageyama advised that the public art should be spread around. Councilwoman Woodbury reminded that the public art had been presented at the Virginia Municipal League as a workshop in an effort to teach people in other cities how to establish a public art program. Most of the public art in Newport News was donated, and a majority paid for by business people. Vice Mayor Vick reminded the program was hard to sell. Mr. Kageyama suggested the way to sell the program to the naysayers was to remind them that every City had problems, and to share that money was being spent to address the problems. The City was making things functional and safe and wanted other things. The City was the collective home of the Council, and they needed to ensure the foundation was safe, and they had a responsibility to make it look and feel worth living in. Sometimes we can afford to spend money on beauti?1l objects and art, but sometimes we cannot, but always find a way to do something beautiful and interesting.
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Councilwoman Woodbury suggested a contest “What is Collis Huntington looking at?” Mr. Kageyama agreed. This would be a good teaching moment. Example - Hewa in Colorado Springs, Colorado, and saw a bronze sculpture of Katherine Bates in fronts of Pioneer’s Museum. She was looking at Pike’s Peak which was the inspiration for her song, “America The Beautiful.” This was a love note and a bit of emotional infrastructure because when the new courthousewas built, it was done around the statue, so Katherine Bates could still see Pike’s Peak. It felt right. Public art wascreated becauseit felt right which was good enough for most folks, but there would always be the small contingency that reduced everything down to a number.
Mr. Kageyama displayed an image of “Government Ditch.” City Manager Rohlf advised that one could get to Huntington Park from the bridge adjacent to Government Ditch. Mr. Kageyama advised that spoke to a lack of good signage.
Ms. Roberts reiterated comments by Mr. Kageyama — taking something negative and turning it into something positive. She questioned what could be done to take Government Ditch and turn it into something cool. Councilman Harris, suggested renaming “Govemment Ditch.” Mr. Kageyama suggested putting a small dog park there where people could walk their dogs, and continue across the bridge. He indicated this presented a big opportunity — start with small temporary projects.
Mr. Everett Skipper, Director, Department of Engineering, advised it was an extension of New Market Creek. Mr. Kageyama stated that the area near Government Ditch was equivalent to ?nding a gem. Ms. Roberts inquired whether there was water all of the time. Mr. Skipper replied yes, it was always ?owing and ?lled during large storms.
Mayor Price suggested having remote boat races. Mr. Kageyama reiterated this area was a tiny gem. City Manager Rohlf suggested the Newport News Green Foundation had resources and could look into the area. Mr. Kageyama suggested organizing a neighborhood clean—upof the area and have a party afterwards. Vice Mayor Vick suggested, “Discover this Place” party or event. She felt the event should have a name. City Manager Rolf suggested “Jewel on the James” as a name. Councilwoman Woodbury suggested having an associated scavenger hunt with the event. Vice Mayor Vick suggested, renaming Government Ditch to “Newport News Nile.”
Ms. Roberts suggested that City Council take a few projects, such as Government Ditch, Restaurant Row, the old Kmart site, and think about small, temporary projects and pick a date. What could be done by that date? She suggested imagining and bringing in the Co- Creators, and have the conversation with them. Inquire about what they would want to do with the City, as opposed to what the City could do. She suggested exploring things to create energy. She reiterated thinking about small, temporary projects.
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City Manager Rohlf suggested discussionabout the former Kmart site. The City made a huge investment by purchasing the property. The building had to come down and a message had to be sent to the citizens. She picked up ideas after reading Mr. Kageyama’s book, “Love Where You Live.” There could be a Demo Party, or a funeral for the old building, with sledge hammers, give people chalk or paint to leave a message, and food trucks in conjunction with the event. It would be a great investment to demolish the building. Celebrate that investment. Mr. Kageyama suggested inviting graf?ti artists and have a paint party.
City Manager Rohlf suggested reprogramming funding from the Cultural Arts Fund. There were existing funding sources to tap into if interested. Mr. Kageyama indicated a little money in the hands of creative people could be stretched far.
Ms. Roberts listed the suggestions for the Kmart site to include the following — a demo party with food truck, reprogramming funding, graf?ti party, swing a sledge hammer, Menchville High School Band, Other School Bands, Community Day, Pumpkin Chunking, Giant Slingshots, Face Painting, Drop turkeys from a helicopter, water balloons. Mr. Kageyama reminded to make it fun and weird.
Mr. Kageyama suggested a declaration for 2020, that the citizens were “Newsies.” He also suggested a tee-shirt designing contest.
Discussion of Draft Strategic Plan
Ms. Roberts explained a great deal of work went into the Strategic Plan (City of Newport News Community Vitality 2020-2025 Strategic Plan). There was a vision from the Comprehensive Plan (Comp Plan). There was a dream that had ?ve themes. There were the City’s strategic priorities and numerous plans. There were a variety of existing frameworks in addition to the six themes in the Comp Plan and the Strategic Priorities for the City. Ms. Roberts introduced members of City Council to the Draft Strategic Plan (a copy is attached and made a part of these minutes). City Manager Rohlf advised there would be many other discussions about the Strategic Plan, particularly as a part of the Capital Improvements Plan (CIP) and the Operating Budget.
The purpose was to provide a high-level roadmap. It should: (1) guide resource allocations; (2) establish accountability;(3) help track progress; and (4) help tell your story.
Two documentswere distributed - The Draft Strategic Plan (Plan) and a one page high level summary of the plan. The Plan included (1) Preface; (2) Summary of 2020-2025 Strategic Plan; (3) Background of Newport News; (4) A Strategic Overview to include the Vision, Mission, and Values; (5) A High-level overview about the strategy; and (6) Strategic Priorities, Goals and Objectives, which include for each objective, goals with strategies of how it could be implemented, and measures of effectiveness.
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Councilwoman Cherry inquired about the Shared Leadership Model for City Government. Ms. Roberts replied the idea behind the Shared Leadership Model was, instead of individualdepartmentsworking in silos, there were a variety of areas where it was of bene?t for the departments to work together and collaborating on bringing things about to include logical groupings of departments working together. City Manager Rohlf advised that it showed that there was no issue in the City of Newport News that we should not all own as the Leadership Team, meaning everyone takes responsibility for every issue in the City.
Ms. Roberts advised of the proposed Vision: A diverse and prosperous waterfront city of science, technology, innovation and art where people come together as a vibrant, inclusive community. This was an aspirational statement about the desired ?iture it was where the City wanted to get to.
Ms. Roberts advised that the mission was the purpose of City government — To enhance the quality of life in the City of Newport News for current and future generations to thrive. Vice Mayor Vick indicated that times had changed, and if people felt as though they were a part of the purpose, they would manifest what was in their path.
The Values were ?ne-tuned to those which seemed most relevant to City Government as a whole. The intent was to define the values that would guide decision making; i.e. how are you manifesting as an organization. The values included: Community Engagement, Opportunity for All, Creativity and Innovation, and Stewardship.
Mayor Price advised that he liked the Vision, and felt that it should be repeated and memorized. It focused on what the Council aimed to do with everything else. The Vision was precise and on point.
Mr. Kageyama suggested that the fifth value “FUN” be added. If leaders valued ?m, so would the community. Leaders believed it was a legitimate goal for the leaders and the community to pursue. He suggested not to describe fun, but to be open to the broad concept. Councilwoman Woodbury questioned whether the term FUN should be added under creativity and innovation. Newport News City Council did not accept the status quo. Ms. Roberts added, if FUN was one of the primary values, it added another lens to look at. Mayor Price inquired whether fun and enjoyment were equal. Mr. Kageyama responded no; for example, he enjoyed a good nap, but it was not fun. Fun was more playful. Fun speaks to one’s inner nature. He suggested City Council allow their inner child to come out.
Ms. Roberts indicated there was not a vast amount of fun in the Strategic Plan, but if added as a value, City Council would be making a commitment to actively infuse ?m in everything that warranted a decision.
Councilman Jenkins agreed with adding fun as a ?fth value. Councilwoman Cherry agreed. Councilman Harris added that the last State of the City Videos displayed fun by the City Council. Councilwoman Cherry indicated a lot of what Council does was not Vice
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Mayor Vick added that government was viewed as serious and sometimes boring. Citizens may lookat it in a negative light, saying City Council was not elected to have fun.
Ms. Roberts suggested writing a descriptionfor FUN. Mayor Price suggested ‘to enjoy the process of government in a unique and joy?il way.” Mr. Kageyama stated describing fun in like describinglove — both were highly personal. He suggested, “We believe in the value of fun. Serious work has to be done, but there is also a time for laughter and simple pleasure and enjoyment.” Those were legitimate goals for the leaders in the community to actively pursue in their work. Mr. Kageyama further suggested the statement, “We also believe in the value and bene?ts of laughter and smiles. Those are legitimate objectives in the work that we do. We will actively pursue those outcomes.”
Mr. Kageyama advised that the angry citizens are the people who were focused on various issues because they were the ones who complained, showed up at meetings, wrote letters to the editor, etc., and City Council acquiesced to all of their requests and demands,and they still complained. They do love their City but thought they were protecting something.They would ?nd fault in most things, and City Council should focus more on the co-creators who could change the minds of the neutral group of citizens. The minds of the angry citizens cannot be changed.
Councilman Jenkins observed two categories, the haters and the creators. O?entimes people tried to turn the creators into haters. He inquired about the differencebetween the two. Depending on the issue, all of us may ?t into one of the two categories. Be carefulnot to paint with a broad brush. Council would not be able to convince the citizens who had a problem with having fun. Their mind was made up. Ms. Roberts advisedit became an opportunity to have a conversation.
Ms. Roberts began review of the Strategic Priorities, Goals and Objectives. The Strategic Plan focused on three priorities: People, Places and Government. For each strategic priority, there were strategic goals and objectives.
City Manager Rohlf advised there would be many other discussions about the Plan, the CIP and the Operating Budget. Ms. Roberts advised that this was Council’s opportunity to ?ne tune the Plan, infuse fun in it, make changes, etc. Ms. Roberts advised the documentwas labeled a ?ve-year plan. She further indicated that many twenty (20) and thirty (30) year plans went into the Strategic Plan.
In each, there was a statement about the objective, followed by strategies and measures of effectiveness.
Ms. Roberts suggested an objective to make Newport News a likeable City. One strategy would be to have bike paths throughout the City. An initiative might be to build a path from Point A to Point B. Councilwoman Cherry inquired about the structure. Ms. Roberts advised that the initiatives had not been identi?ed. Mayor Price advised that the initiativeswere
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ongoing and changing. Ms. Roberts agreed. Example: one bike trail would be built in 2020, a second in 2021, and a third in 2022. Mayor Price reminded this a ?ve-year document. Ms. Roberts indicated initiativesmay change from year to year. The targets for the measures may also change over time.
CouncilwomanCherry questioned whether initiativeswould be assigned. Ms. Roberts replied that had not been done to date. City Manager Rohlf indicatedthat would be the action plan to complement the priorities. Ms. Roberts advised, in an ideal world, the action plan would be re?ected in the Operating Budget and the CIP.
Ms. Roberts explained, with a Strategic Plan in process, on a periodic basis, an assessment would be done. As the governing body, periodically, the Plan would be reviewed and updated.
CouncilwomanCherry advised that the City had goals in the past and wanted to ensure what was put in place to date, that City Council would agree to move forward with a plan of action and implementation of various goals. She questioned who would serve as overseer. City Manager Rohlf responded that she was accountable for everything in the Plan. The Action Plan would be supported by the CIP and the Operating Budget. The connection should be made and seen in the Operating Budget. City Manager Rohlf advisedthat some of the items would be seen on Council agendas. An evaluation of the projects and initiative would be done and reported to City Council periodically.
City Manager Rohlf agreed that there had been strategic goals and plans in the past, some which may not have worked. There was a difference in putting out the priority, and putting out the strategy to get there.
Councilman Harris reminded that groups/organizations had been asked to make reports/presentations, but City Council may not have received a report on the success of a certain project. City Manager Rohlf indicatedthere would be hard decisionsat times. Reports were o?en required of organizations to which the City provided funding. The City required reports to ensure whether or not the funds were managed properly. Vice Mayor Vick added that many Annual Reports reported on the successes of certain projects.
Mr. Kageyama suggested that City Council ask the question of various organizations “How do you de?ne success?” and that way the organization can report various successes through measured results. The organization would tell what success looked like for that entity. In the realm of perfonnance measurements, Ms. Roberts added what was measured, was done. Make sure the measurements were for things that mattered. Graduationrates may not tell the whole story because many schools were not fully accredited. Think about the measure one was trying to achieve. If the measure was not achieving the objective, it may not be the measure on which to focus and to track.
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Thefirst Strategic Priority was People, the residents ofNewport News and their quality oflife. Ms. Roberts advisedof the following four (4) goals:
GOAL 1. Health, Safety and Well-being
Enableall Newport News residents and visitors to feel con?dent in their safety and well-being.
Objective 1.1. Personal Safety. Provide public safety services to enable all residents and visitors to be con?dent in their personal safety and the safety of their property.
Objective 1.2. Health. Foster a healthy environment with equitable outcomes by increasing access to a greater range of medical services, fresh food, and more active lifestyles.
GOAL 2. Education and Learning
Strengthen education and access to learning for all residents.
Objective 2.1. Pre-K Preparation for Education. Ensure that children enter school ready to learn and be successfulin school.
Objective 2.2. Primary and Secondary Education. Collaborate with Newport News Public Schools (NNPS) to provide high quality primary and secondary public education that prepares graduates for higher education, career success, and self- suf?ciency.
Objective 2.3. Career-oriented learning. Facilitate learning for and in the workplace.
GOAL 3. Opportunity and Economic Prosperity
Strengthen education, workforce development and business opportunities to make Newport News economically strong with career opportunity for all residents.
Objective 3.1. Economic Development and Business Vitality. Attract and retain employers and businesses that provide a diverse array of employment and career opportunities to City residents.
Objective 3.2. Employment and Career Opportunity. Facilitate development of a highly educated, highly skilled, and globally competitive workforce that meets the needs of the City’s business community, resulting in career opportunities with living wages for City residents.
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Objective 3.3. Military and Federal Facilities. Focus efforts on preserving and growing military and federal capabilities withinthe City.
Objective 3.4. Wealth Building, Financial Empowerment and Independence. Empower residents to build wealth and increasetheir ?nancial independence.
GOAL 4. Fun, Entertainment and Culture
Cultivate and foster opportunities for enrichment for City residents, including arts, culture and recreation that celebrate the City’s diversity, unify the City, and promote community engagement.
Objective 4.1. Community Engagement and Citizen Driven change, Including Youth. Encourage and empower resident to de?ne what they want in their City and then to make it so.
Objective 4.2. Community Leadership. Provide opportunities for residents to develop leadership skills and lead or co-lead efforts to strengthen neighborhoods.
Objective 4.3. Art. Provide opportunities for all residents to interact with, create and enjoy art.
Objective 4.4. Fun, Entertainment and Culture. Facilitate active, affordable options for entertainment that draw multigenerationalinterest.
The second strategic priority was Places, the physical infrastructureofbuildings and land that support the quality oflifefor residents ofNewport News.
GOAL 5. Welcoming Communities and Connected Neighborhoods
Create welcoming communities ‘with walkable and likeable connected neighborhoods.
Objective 5.1. Neighborhoods. Build a sense of pride and create inviting attractive neighborhoods of choice that are diverse and vibrant.
Objective 5.2. Quality Housing. Facilitate improvements to the City’s housing stock to include a wide range of safe and accessible quality housing choices to residents of all income levels in all generations Citywide.
Objective 5.3. Transportation and Connectivity. Reduce traf?c congestion, improve connectivity within the City and region, and create safe, effective and ef?cient transit choices for people in the City. Enhance connections on foot, by bike, by car, and by public transit.
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Objective 5.4. Overall Community Appearance. Improve the overall appearance and sense of safety for all who live, work, and visit the City by eliminatingblight and vacancies and enhancingmaintenance.
The third strategic priority is Government and how City government strengthens community and provides services that contribute to the quality oflifefor residents ofNewport News. GOAL 6. Quality Government and Innovation
Provide innovative, high quality government services and facilities for the residents of Newport News.
Objective 6.1. Quality Government Services and Resident Experience. Manage City government ?nances and operations to provide seamless and responsive service delivery and ensure ?scal soundness.
Objective 6.2. Branding and Marketing. Rebrand the City’s image to convey the City’s Vision.
Objective 6.3. Technology and Cybersecurity. Provide modern technology and cybersecurityfor government operations and service to residents.
Objective 6.4. Innovation and Continuous Improvement. Embrace innovation as a business practice to provide more value to residents.
Objective 6.5. Engaged and Skilled Workforce. Develop a culture of shared leadership and empathy that supports employee well-being and development, cultivates leadershipskills and supports aspiring leaders. Ensure that every employee has meaningful opportunities to engage, grow and learn.
Objective 6.6. Shared Leadership Model. Integrate Shared Leadership Model throughout all levels of City government.
GOAL 7. Environmental Stewardship and Sustainability
Practice sound environmental stewardship to meet the needs of the present without compromising the needs of the future.
Objective 7.1. Energy Ef?ciency and Sustainability. Increase energy ef?ciency, use of renewable sources of energy, sustainable buildingpractices and recycling.
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Objective 7.2. Environmental Stewardship and Resiliency. Preserve and protect the City’s natural resources and green spaces for current and futuregenerations.
Councilwoman Cherry extended thanks for Mr. Kageyama for suggesting fun as
a value. Ms. Roberts pointed out that ?in was a goal under people — Goal 4. Fun, Entertainment and Culture. Cultivate and foster opportunities for enrichmentfor City residents, including arts, culture and recreation that celebratethe City’s diversity, unify the City, and promote community engagement. She suggested adding fun into the description. Objective 4.4 was Fun, Entertainment and Culture. Facilitate active, affordable options for entertainment that draw multigenerational interest. If thinking of ?m as a value, rather than a goal and objective, she asked how you make certain City Projects fun. Mr. Kageyama replied it may not be fun, but at least ask the question.
Ms. Roberts recalled the City of Raleigh, North Carolina was lookingat ways to improve the schools, and had combined a YMCA facility with a school and were able to bring in joint programs, such as swim lessons. Vice Mayor Vick advised that the United States Department of Housing and Urban Development (HUD) was also transitioning ?'om the term poverty. It was about outcomes and not process.
Mayor Price questioned long-term trends and how to look at those examples, referencing coal yards. He stated the company would leave the crane, should they go out of business. Ms. Roberts responded some were taken into consideration as it was considered in the City’s Comprehensive Plan, which included what is, and what was anticipated. There was no separate trends analysis done. On a periodic basis, Ms. Roberts suggested it would be a good idea to do an analysis or an environmentalscan could be done in approximately 2-5 years. Vice Mayor Vick referenced Goal 3 as a part of looking at the City’s economic prosperity. Mayor Price mentioned that when anticipating an event, why wait? Ms. Roberts reiterated that a more traditional strategic planning process may have included a trends analysis.
Councilwoman Cherry used the Newport News Department of Human Services Poverty Symposium as an example. The poverty simulation provided for the community was fun, but it was a serious matter. It covered more than the goal of reducing poverty. Ms. Roberts replied that the symposium also played a role in team building. Conversations did not end at the end of the symposium. Vice Mayor Vick advised that communication was big. Oftentimes things were not done because of sensitive topics and people were not comfortable talking about everything such as poverty. As leaders planned, they needed to become comfortable talking about certain topics once held inside. Ms. Roberts explained that Vice Mayor Vick was describing emotional in?astructure and how to create a safe place to enable certain conversations in a positive manner. Ms. Roberts indicated she found the diversity in Newport News amazing, particularly the manner in which diversity was celebrated.
Ms. Roberts informed City Council that poverty had been replaced with the term “wealth-building” because it was not only about reducing poverty.
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Mr. Kageyama inquired how o?zenthe City invited subject matter experts or economists, or futurists tocome in to make presentations. Mayor Price responded that was don regionally. Mr. Kageyama added that did not take into account the locality. He questionee whether it could become a part of the City’s ongoing culture, to have someone talkdabout the latest innovations on something that was important to the City in the near or longer-term who would talk about the latest innovations. City Manager Rohlf replied that was usually done for the LeadershipTeam, but she would love for City Council to be included.
Mayor Price advised that the City was purchasing diesel buses, but the future may be gas. Ms. Roberts questioned whether City Council members had heard informationfrom other localities during a conference about purchasing something other than diesel buses. She questioned whether it was important to City Council members to be more innovative lookinginto the ?xture.Mr. Kageyama inquired why wait to attend a conference to learn something. He suggested creating the opportunity now to do something to help us get smarter.
Councilwoman Cherry inquired if the Leadership Team received certain information, why should City Council not receive thesame information,if they are supposedly leading the City. Mr. Kageyama referenced staff attending conferences. As a part of their job, they should report something they learned.
Councilwoman Woodbury advised that City Council Work Sessions typically began in the early afternoon and there was ample time to receive reports. City Manager Rohlf advised that she would accommodate that request, but it would not be effective or impactful if all members of City Council were not present when reports were provided. She recognized that City Council had huge commitments. Ms. Roberts suggested forwarding links to certain reports to allow City Council to read as time allowed. Vice Mayor Vick suggested reports could be provided quarterly as opposed to monthly. She suggested that citizens be allowed to hear presentations from futurists. It would help citizens better understandthe work of government.
Councilwoman Woodbury referenced Hampton Road Transit (HRT), who was working on a pilot program on the Southside with regard to electric buses. It would eventually come to the Peninsula, but citizens should be made aware of it. CouncilwomanWoodbury pushed for it, but was told the Peninsula did not have the infrastructure. Ms. Lisa Cipriano, Director, Department of Budget and Evaluation, and Alternate to the HRT Board, advised that the problem dealt more with charging stations. The HRT facility on Victoria Boulevard was not large enough to house the charging stations, as opposed to the HRT facility in Norfolk.
Councilman Jenkins suggested adding a Potential Emerging Issues section so that people would be made aware, and scheduletime on their radar to hear the reports.
Ms. Roberts advised that the Strategic Leadership Model showed which network had the primary lead on a particular goal. Councilwoman Cherry suggested it needed to include a plan of action and was expanded further to align with the City’s Comprehensive Plan. Ms. Roberts indicated the Plan of Action was more relevant for the City Manager and the Leadership Team.
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CouncilwomanCherry extended thanksto the City Manager.
CouncilwomanCherry stated under Goal 4 for fun, an objective was to engage the youth. She suggested that it be changed to engage all ages, not just the youth.
Ms. Roberts encouraged City Council to review the document. She reiterated it was a dra? and could be changed. City Manager Rohlf encouraged Councilmembersto review the document. She advised there would be additionalconversation at a future City Council Work Session to revisit the documentand get comments.
Mayor Price suggested having a longer Work Session to continue discussion.
City Manager Rohlf advised that the documentwould be used as the foundation when coming back to City Council to discuss the Operating Budget and CIP. She requested feedback from City Council prior to discussion on the CIP at the December 10, 2019 Work Session.
(RECESS: November 14, 2019, 4:30 p.m. — November 15,2019, 9:15 a.m.)
Ms. Roberts reviewed the day’s agenda. She asked for feedback from the previous day, November 14,2019.
Assistant City Manager, Alan Archer, advised that he was enlightened to hear Mr. Kageyama’s perspective about what the City did.
Councilman Harris liked that Mr. Kageyama had City Council go against the grain and be unconditional to bring more engagement, and to think about being weird, which could be positive for the community, and how to bring about more communityengagement.
Vice Mayor Vick extended kudos to Mr. Kageyama and Ms. Roberts for opening Council’s minds to know that things did not have to be the same and to expand their thinking.
City Manager Rohlf, indicated, building Mr. Kageyama’s remarks — how do we build and have ?in on various projects. She liked being considered “Newsies.” She had spoken with Communicationsstaff to play on that idea and come up with a tee shirt to deliver to lVIr. Kageyama at the National League of Cities Conference in San Antonio, Texas.
There was conversation around a contest on the statue of Collis P. Huntington located in Christopher Newport Park and sharing the history throughoutthe schoolsand the City. There was discussion around connecting Victory Landing Park to Christopher Newport Park, making a trail and installing lighting,rather than moving the statue. Work with what we have.
Mayor Price appreciated about the possibility of changing people’s attitudes about “Bad News.”
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City Manager Rohlf advised that Newport News was unique and should find its own. Mr. Kageyama had provided many examples. Mayor Price agreed and indicated Mr. Kageyama provided reasons to think outside of the box.
Ms. Roberts reminded City Council to make a commitment to have fun. Adding ?m as a goal changed the entire conversation about projects. How do we make it fun to cross Warwick Boulevard as opposed to how do you make it safe to cross Warwick Boulevard? The City Manager Rohlf expanded the question without millionsof dollars to add a crossover, how do we ?nd the garden hose approach? What gets people across safely that would not cost millionsof dollars?
Vice Mayor Vick appreciated those thoughts — the City did not have to wait to have millions of dollars and could begin small projects. She especially liked referring to the Government Ditch as the Newport News Nile.
CouncilmanHarris suggested utilizing social media platforms; i.e. taking a sel?e with Collis P. Huntington, planting a ?ower at the Newport News Nile, etc. City Clerk Washington-Jenkins suggested that could be used during Newport News Tourism Week. Vice Mayor Vick suggested having a series using NNTV or Newport News Now — “Rediscovering Newport News.” CouncilwomanWoodbury suggested alligators. Ms. Roberts suggested remote control alligators to swim in the Newport News Nile. She stated there was a stem for lots of activity. There was the Jewel on the James.
Ms. Roberts encouraged City Council to continue having discussions. She suggested adding 10 minutes to each City Council Meeting Agenda, perhaps under Comments Ideas and Suggestions. Vice Mayor Vick reminded the comments sometimes were negative, and City Council needed to look at themselves.Mayor Price encouraged Councilmembersnot to wait, many issues could be handled with a phone call.
Ms. Cleder Jones, Director, Department of Communications,advised that the Department was looking at instituting a Good News Campaign, and suggested when City Council spoke at the end of Council meetings, to take a moment and share good news from Newport News — sharingthe positive occurring in the community.
Ms. Roberts interjected an exercise, asking everyone to stand and close their eyes, and to point north. She then had everyone open their eyes to discoverthat everyone was pointing in a different direction. Ms. Roberts made the point if Councihnembers were trying to get to the same place, i.e. going north, and you did not know where North was, there would be a problem. The Strategic Plan attempting to ?nd North, so that everyone could be marching together as opposed to different directions.
Ms. Roberts distributed an example of an initiative — the strategic priorities, to include the goals, strategic objectives, and examples such as personal safety, CNI support activities, etc. She reminded that the initiatives had not all been assigned, the target, and the measurements and who
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was ultimately responsible for leading the initiatives. Once known, the City Manager and Leadership Team could ?ush out the rest. Mr. Clayton indicated there were many levels of speci?city; i.e. Goal 5.1 the lighting for the Downtown Initiative, or demolition of the Kmart site in the Denbigh-Warwick Area Plan.
Mayor Price added that it was important to archive the data in an effort to look back over what had been accomplished in any given year. Ms. Roberts indicated you then get to the Status, which could be as simple as using a spreadsheet - a traf?c light, where green meant on schedule/onbudget; and yellow meant there was a concern; and red meant things were off track and needed attention.
Ms. Roberts stepped through the strategic priorities, objectives — asking for feedback. She began with Health Safety and Well-being. It began with the title, a goal statement beginning with an action program. She pointed out that the term resident was used as opposed to citizen. The two objectives were personal safety and health. There were no reactions.
Ms. Roberts referenced Goal 2 Education and Learning, to include three objectives: Pre-K Preparation for Education, Primary and Secondary Education and Career Oriented Learning. Ensuring that children enter school ready to learn and were successful in school.
Regarding the objectives, particularly Objective 2.2 (Collaborate with Newport News Public Schools to prove high quality primary and secondary public education that prepared graduates for higher education, career success, and self-suf?ciency). Mayor Price asked whether City Council or the School Board were the primary leaders with respect to education. City Attorney Collins Owens responded, according to the State Code, the operation of the School Board was not within the purview of City Council.
Mr. Everett Skipper, Director, Department of Engineering, suggested the word “ensure” that NNPS provide . ..rather than collaboratewith NNPS.
A video was shown regarding the City of Raleigh, North Carolina,who had done interesting things with an elementary school. The partnered the YMCA partnered to build a facility that included an elementary school and a YMCA. The endeavor was intended to create pathways for an emerging neighborhood whose residents would be able to build a better future through education, wellness, housing, medical access and access to health foods. The school served more than 400 students and included a gymnasium, workout space, group ?tness room, multipurpose space, and an outdoor swimming pool. All of the children were given free swim lessons.
Vice Mayor Vick advised the video should have been shown when City Council and the Newport News School Board began discussionsabout Huntington Middle School. City Manager Rohlf advised that the Raleigh School was recently discovered.She stated not to look at the school only, but there would be other opportunities and if City Council was to make a large
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investment, the project (school) should be impactful. Vice Mayor Vick indicated the community needed to see “vision.” Councilmemberswere holding off for Huntington, but the community was confused, thinking that City Council was delaying the rebuilding of Huntington Middle School. City Manager Rohlf reminded that City Council asked for time. Mr. Eoghan Miller, Assistant to the City Manager, advised that the discussion began in Raleigh in 2015. They broke ground 18 months previously, and opened the doors in August 2019. The project was four years in the making.
Ms. Roberts indicated the project pointed to the power of benchmarking,looking at someone who had wrestled with a similar problem, and how the problem was solved. Thiswas no longer just a school project, because if the YMCA was brought in, it was a partnership. City
Manager Rohlf questioned who was driving the project — City Council or the Schools. She suggested taking a group from the Schools, Council and the community to see the school in Raleigh.
Ms. Roberts suggested researching what other localities were doing interesting projects similar to Raleigh. City Manager Rohlf indicated this was more about making a huge investment in public facilities where City Council controlled the resources with the CIP. Ms. Roberts questioned whether Raleigh was the only one.
Vice Mayor Vick indicated that this project had been seen. She stated that steps were missing. She questioned whether communication was clear? The committee met regularly, yet everyone was not clear. She saw from the video, the project could be much more than a school. City Manager Rohlf advised that the School Board wanted to rebuild Huntington Middle School. The City wanted to rebuild Huntington, but with more amenities to better serve the community.
Ms. Roberts suggested there was an opportunity for further discussion.From a Strategic Plan perspective, she questioned whether “ensure” or “collaborate”was the better word for Objective 2.2. Mayor Price asked again whether City Council was responsible for the education of the citizens. City Attorney Owens responded, under State Code, the School Board was ultimately responsible.
Ms. Florence Kingston, Director, Department of Development, advised that there were more ways to educate citizens other than the public school system. Councilman Harris agreed, he indicated there were many opportunities outside of the Schools that were not necessarily in a classroom.
Councilwoman Woodbury added that education must be looked at holistically, not just for the brain, but physically, spiritually, and emotionally. She did not agree with the word “ensure,” but could expose to a holistic education on all levels. City Manager Rohlf added, we could ensure that everyone had the opporttmity for a quality education. Mayor Price backed up to Goal 2. Strengthen education and access to learning for all residents, as opposed to the breakdown within three categories. Ms. Roberts suggested that this be revisited and needed further work.
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City Manager Rohlf reminded that the Department of Housing and Urban Developmentadvised that Newport News should pursue transformation. Mayor Price reminded that everyone was to bring potential ideas of what the Huntington campus could look like. Ms. Robertsreminded that you must ask how the community wanted to feel.
Vice Mayor Vick reminded there was mistrust from the people the Council served when it came to rebuilding Huntington Middle School. CouncilwomanCherry suggested the video be shown at Town Hall Meetings. Some have to see and touch, referencingthe residents that travelled to Charlotte during the CNI process, who became involved in the process once they saw.
City Manager Rohlf questioned whether staff should proceed with this project even though it may not be the position of the School Board. Vice Mayor responded af?rmatively. CouncilwomanCherry responded the SchoolBoard had not seen the video. She advised that she also wanted to rebuild Huntington. There were other choices available and opportunities. Huntington was a community school. She heard that the School Board only wanted a school. Vice Mayor Vick indicated, in fairness,that the School Board had not seen the video and were not aware of the other possibilities.
In terms of procurement, City Manager Rohlf advised there needed to be more structure and conversation. Vice Mayor Vick advised that the video allowed the School Board to see the possibilities for the community. The video would begin the conversation.
City Manager Rohlf advised that there was a non-profit organization, Purpose Built Communities, who could bring funding to the table. Use the CNI as leverage for other funds. Councilwoman Cherry recalled Purpose Built Communities being in the Denbigh Community Center in the past two years. City Manager Rohlf reminded that projects of this magnitude took time, but felt she could now have a conversation with the YMCA. Staffs intent was not to pose a delay, but in rebuildingHuntington Middle School, to rebuild the community.
Councilwoman Cherry questioned whether the plan was to get the video out to the community. City Manager Rohlf advised that she needed to communicate with Dr. George Parker, Superintendent of the Newport News Public Schools (NNPS), to have additional conversation. She did not feel it was a good idea to show the video to the community sending mixed signals, prior to her meeting with the NNPS Superintendent. She did not want the School Board to feel there had been no additionalconversation.
Ms. Roberts went back to the Strategic Plan. Goal 3, Opportunity ad Economic Prosperity. Strengthen education, workforce development and business opportunities to make Newport News economically strong with career opportunities for all residents,which includedthe following objectives: 3.1. EconomicDevelopment and Business Vitality; 3.2. Employment and Career Opportunity; 3.3 Military and Federal Facilities; and 3.4. Wealth Building, Financial Empowerment and Independence.
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Vice Mayor Vick advisedthat the City was on target to make this happen.
Goal 4. Fun, Entertainmentand Culture. Cultivate and foster opportunities for enrichment for City residents, including art, culture and recreation that celebratethe City’s diversity, unify the City, and promote community engagement. Objectives included4.1 Community Engagement and Citizen Driven Change, Including Youth. Council agreed with the removal of the phrase “including youth.”
Objective 4.2. Community Leadership; 4.3 Art; and 4.4 Fun, Entertainment and Culture. Councilwoman Cherry questioned Objective 4.4 Facilitate active, affordable options for entertainment that draw multi-generational interest. She suggested if the City was multi- generational, what aboutbeing multi-cultural.
Councilman Harris asked about adding other activities for senior citizens or a recreational piece. There were activities that took place in Newport News. Ms. Roberts advised there was a strategy that was missing to cover all residents. Shesuggested adding recreational programs and opportunities as a strategy under Objective 4.4.
Goal 5. Welcoming Communities and Connected Neighborhoods. Create welcoming communities and bikeable connected neighborhoods. Objectives included 5.1 Neighborhoods; 5.2 Quality Housing (Facilitate improvements to the City’s housing stock to include wide, safe and accessible, quality housing choicesto residents of all income levels in all generations Citywide); 5.3 Transportation and Connectivity; and 5.4 Overall Community Appearance.
Councilwoman Cherry questioned Objective 5.2, and the implication that there were unsafe neighborhoods. City Manager Rohlf responded, in terms of quality housing, safe housing was a desire in tenns of codes, particularly in the rental inspection program. Rather than codes, it is community standards.
Goal 6. Quality Government and Innovation. Provide innovative, high quality government services and facilities for the residents of Newport News. Objectives included 6.1 Quality Government Services and Resident Experience; 6.2 Branding and Marketing; 6.3 Technology and Cybersecurity; 6.4 Innovation and Continuous Improvement; 6.5 Engaged and Skilled Workforce; and 6.6 Shared LeadershipModel.
Regarding Objective 6.4 Innovation and Continuous Improvement (Embrace innovation as a business practice to provide more value to residents). Mr. Eoghan Miller, Assistant to the City Manager, advisedthat there had been discussion about adding an Innovation Of?ce in Newport News. He indicated there was an Innovation Of?ce in the Cities of San Antonio, Texas, and Virginia Beach, Virginia, that set funds aside. A consensus was reached on what such an of?ce would look like, what the staff would look like, and what the of?ce would do. Funds in the amount of $200,000 was set aside to look at innovative approaches. The Of?ce would include three positions.
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Goal 7. EnviromnentalStewardshipand Sustainability.Practice sound environmentalstewardshi to meet the needs of the present without compromising the needs of the ?lture.pObjectives included 7.1 Energy Ef?ciency and Sustainability; 7.2 Environmental Stewardship and Resiliency.
Regarding Objective 7.2 Innovation and Continuous Improvement (Embrace innovation as a business practice to provide more value to residents), Mayor Price questioned Objective 7.2, the strategy that said increase public access to waterfront, waterways and other natural resources. Require (or encourage) new developmentand signi?cant redevelopment to dedicate public open space and access to water, and preserve natural resources onsite. He questioned whetherthis would lock the City into doing something. City Manager Rohlf advised this referred to new development.Attorney Owens responded that he was not sure that the City could require new development.A full launch of the iCompass ManagementAgenda system was scheduledfor December 10, 2019.
Ms. Roberts suggested that December 10, 2019 had been set aside to receive City Council feedback on the Draft Strategic Plan.
Council Business:
City Manager Rohlf introducedMs. Susan Goodwin,Director, Department of Finance, presented on overview of the new iCompass Agenda and Meeting Management Software, to include the benefits, site features,new agenda item report fonnat, all of which are attached and made a part of the minutes. The iCompass Agenda and Meeting Management system would replace the former agenda management system, Novus Agenda. She worked with the City Clerk and staff, staff from the Department of Budget, the City Attomey’s Of?ce and staff from the City Manager’s Of?ce since the late summer of 2019. Boards,Commissions,and Committees would be incorporated into iCompass. The system was much more ef?cient and user friendly. Staff was willing to schedule one-on-one training with Council members on the new system.
The City Council Calendar aspect was being explored with the vendor. The Planning Commissionwould also be integratingto iCompass.
Mayor Price asked that City Councilmembersclear their voicemail messages periodically from their City phones. He advisedthat messages could not left.
In an effort to be transparent, Councilwoman Woodbury inquired about the possibility of videotapingCity Council Work Sessions.
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City Manager Rohlf advisedthat videotaping the Work Sessions would change the dynamics of City Council conversations. It would no longer be a City Council Work Session. Vice Mayor Vick agreed. Mayor Price advised that conversations would be inhibited. City ManagerRohlf advisedthat Work Session were not conduciveto video taping.
Ms. Roberts suggested inviting a futuristin to talk aboutthe matter.
Councilman Harris inquired about the difference between videotapingWork Sessionsbecausecitizenscould read the minutes.
City Attorney Owns pointed out that citizens videotaped Work Sessions and could edit thosevideotapes. '
Councilwoman Cherry reminded that Work Sessions were meant for City Councilmembersand was not a show for the public. She further remindedthat some members of the public did not want to drive downtownbecausethey thought the area to be unsafe. That perception must change. City businesswas donedowntownat City Hall.
CouncilwomanWoodbury indicatedthat not everyone could leave their jobs at 1:00 in the afternoon. CouncilmanHarris agreed. It was hard for him to leave his job at times. Councilwoman Cherry indicatedthe Work Session would not change whether or not the public could attend. City Councilmembershad to adjust their schedules.
Ms. Roberts asked whether this was an issue in the community. Councilman Harris indicated that he had heard citizens say that they wished they could attend City Council Work Sessions.
City Manager Rohlf advised that no action was taken in Work Sessions. Very few itemshave substance.
Ms. Roberts indicated that consensus was made that Work Sessions remain Work Sessions. The matter could be revisited.
Ms. Roberts asked for closingthoughts.
Mayor Price stated if fun would truly be considered a goal, that Councilmembe should look at all projects in that regard. Something could be done with Newportrs News on the Nile and tum it into a fun event with volunteers. It would help the City ?nancially. Labor could be obtained through volunteerism. Citizens could then have a buy-in because they would be involved.
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City Manager Rohlf advisedthat the Hilton community was extremely active and were working on ideas. Sheencouraged City Council to empower the citizens in the Hilton community by allowingthem to get involved and becomeengaged.
Mayor Price added that some of the Hilton citizens were already on establishe committees such as Neighborhood Watch Groups. The potential of the buy-in and thed attitude change was great and would work wonders.
Vice Mayor Vick indicated she was appreciative of getting the buy-in from the community. She felt relieved that City Council could make something happen, using the garden- hose approach.
Ms. Kingston advised that the Virginia Housing Conferencewas scheduledto be in Hampton during the week of November 16, 2019, to look at the use of shipping containers as a mechanism for affordablehousing. Some would be donatedto Newport News as a demonstration to approach affordable housing.
CouncilwomanCherry advised that the idea had been considered in the Southeast Community approximately three years prior. CouncilwomanWoodbury indicatedthat she had seen smaller versions made available for veterans.
Vice Mayor Vick appreciated the temporary pilot ideas.
CouncilmanHarris liked the idea that Councilmembers’creativity was sparked, thinking out of the box, and having fun; using co-creators; i.e. the former Kmart site.
Councilwoman Cherry liked Mr. Kageyama’s pyramid, using Maslow’s hierarchy of needs, with ?m being at the top. She advisedthat she loved Newport News and was excited about the transformation. Creativity was found in the co-creators and she looked forward to being supportive.
CouncilwomanWoodbury stated this was the best retreat of all of Council retreats in which she had participated. She thought most of the creative citizens shouldbe shown appreciation for their ideas.
City Clerk Jenkins indicated that she was impressed with Councilmembersand the manner in which they treated one another.
Assistant City Manager Archer loved the garden hose approaches. Lessons were learned by taking smaller approaches. He loved that Council was receptive to the Strategic Plan as a Management tool and would be helpful for the administration.
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City Attorney Owens liked that Mr. Kageyama pointed out that we did not have to look for the fun in things; and usually it was more enjoyable.
Ms. Cipriano was appreciative of the smaller, less expensive projects, but were important nonetheless. She was excited about having a common languagein an effort to hold one another accountable for having fun.
Ms. Kingston loved being able to embrace the temporary and do small things. Council engagement would be increased.
Ms. Goodwin advised that we should not be afraid to fail.
Assistant City Manager Clayton agreed this was his best Council Retreat. Sometimes it was good to bring someone in ?'om the outside to give new ideas and a new perspective.
Ms. Jones appreciated the energy _ in Mr. Kageyama’s perspective on various insights. She hoped the energy would continue moving forward.
Mr. Skipper liked that it was everyone’s job to create a great City for citizens to live.
Councilwoman Cherry extended thanks to the City Manager and staff.
Ms. Roberts expressed appreciation for City Council’s courage.
Mayor Price suggested let this not be the last retreat.
City Manager Rohlf extended thanks to members of City Council for their attendance and participation.
THERE BEING NO FURTHER BUSINESS, ON MOTION, COUNCIL ADJOURNEDAT 2:05 P.M.
Mabel Washington Jenkins, MMC McKinley L. Price, DDS City Clerk Mayor Presiding Of?cer
A true copy, teste:
City Clerk
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Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Consent Agenda ITEM: Minutes of the Work Session of December 10, 2019 DEPARTMENT: City Manager
STRATEGIC PRIORITIES ALIGNMENT:
☐ ☐ ☐ ☐ ☐ ☐ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
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Draft Minutes City Council Work Session Meeting City Council Chambers, 2400 Washington Ave Tuesday, December 10, 2019, 3:00 PM
MEMBERS PRESENT: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
MEMBERS ABSENT: Councilwoman Sharon P. Scott, MPA
OTHERS PRESENT: Cynthia D. Rohlf; Collins L. Owens; Mabel Washington Jenkins; Joye Thompkins; Darlene Bradberry; Becky Roberts; Jackie Shapiro; Derry Haywood; Jesse Young; Genine Pettitt; Greg Miller; Shay Coates; Lisa Cipriano; Police Chief Steve Drew; Florence Kingston; Susan Goodwin; William Rose; Karen Witherspoon; Elaine Johnson; Shelia McAllister; Flora Chioros; Venerria Thomas; Louis Martinez; Frank James; James McElheney; Craig Galant; Sonia Alcantara-Antoine; Jared Grimes; Alan Archer; Ralph Clayton; David Freeman; Cleder Jones; Eoghan Miller; Jerri Wilson; Tammie Organski; Adrian Whitcomb; Mary Vause; Zina Middleton; and Josh Reyes
I. City of Newport News Community Vitality 2020-2025 Strategic Plan
Ms. Cynthia Rohlf, City Manager, advised that City Council would continue with follow-up conversation from the City Council Retreat held November 14 – 15, 2019, on the Strategic Plan. The comments made by City Council at the City Council Retreat had been incorporated into the Strategic Plan. She introduced Ms. Becky Roberts, Catoctin Consulting, LLC.
Ms. Roberts advised that the discussion and conversation would be about the Strategic Plan. One of the values was fun and during the City Council Retreat, Mr. Peter Kageyama talked about “Love Notes”. She shared a fun thought about a Love Mural in the Town of Tappahannock she witnessed since the City Council Retreat. She asked City Council to share something fun that they did, saw or heard about an event/activity experienced in the City since the City Council Retreat held November 14 – 15, 2019.
Councilman Harris shared a similar event where an artist was called to the Glendale Shopping Center to paint over graffiti on the wall, it was great to have people engaged and working together. He also shared that the Lights at the Fountain and tree lighting at City Center on Saturday, December 7, 2019, was great family fun.
Councilwoman Woodbury shared that she read about MacArthur Center Shopping Mall in Norfolk, Virginia, having Seesaws for adults and thought that would
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Draft be a great idea for the old K-Mart site.
Councilman Jenkins shared that he spoke to Mr. Michael F. Carpenter, owner of the Glendale Shopping Center. Mr. Carpenter attended the Peter Kageyama workshop which was how he came up with the idea to have an artist paint over the graffiti. The Lions Bridge wreath laying was a family fun and interactive event.
Councilwoman Cherry shared she just Loved Newport News from the NlightN Celebration at City Center and the instagrammable moments throughout the site.
Vice Mayor Vick shared that taking the photographs in the snow globe and the instagrammable moments at Lights at the Fountain and tree lighting at City Center on Saturday, December 7, 2019, was a great event. The Christening of the USS John F. Kennedy at the Newport News Shipyard on December 7, 2019, was a great event and momentous occasion. People had an opportunity to enjoy and mingle freely at the Newport News Shipyard event.
Councilman Jenkins shared that scarves were a take away for the Christening of the USS John F. Kennedy at the Newport News Shipyard on December 7, 2019. The event was not kept at the Newport News Shipyard, wearing the scarf on the outside kept people engaged.
Mayor Price advised that he became a “Hero” to his grandson, Asa, at Lights at the Fountain and the tree lighting at City Center on Saturday, December 7, 2019, when he allowed Asa to flip the switch to light the tree.
City Manager Rohlf advised that Councilwoman Woodbury delivered the Newport Newsies t-shirt and gift to Mr. Peter Kageyama, and he was very grateful. Mr. Kageyama sent a picture of himself wearing the t-shirt and appeared to be happy with the gift.
City Manager Rohlf shared that a lot of people came away energized who attended Mr. Peter Kageyama’s event. She has had an opportunity to speak with 10 – 12 people who had a variety of ideas and wanted to move forward. She indicated those people with ideas should move forward and advise the City if assistance was needed. She stated in Mr. Kageyama’s book, in a section about community spirit, there was a City that closed down a bridge to have dinner, and someone suggested closing Lions Bridge for a few hours for a community dinner.
Councilman Jenkins shared the Friends of the James River in Hilton, that as part of the rebuilding of the Hilton ravine, the Green Foundation would assist with landscaping and soil stabilization. The community had put together a number of activities to revitalize the Hilton Beach and had been in great partnership with the City in creating ideas and took ownership. Ms. Roberts replied they would be classic co- creators.
Ms. Roberts advised that the session objective would be to obtain City
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Draft Council’s feedback and input on the draft Strategic Plan prior to finalizing the plan which was a living document that would evolve as time went by. She shared that she would provide the changes to the Strategic Plan since the City Council Retreat.
Ms. Roberts advised that City Council would review the suggested changes made to the draft Strategic Plan (a copy of the presentation, “Draft Community Vitality 2020 – 2025 Strategic Plan – Facilitated by Catoctin Consulting, LLC,” – December 10, 2019, is attached and made a part of these minutes):
• Preface updated • Summary updated • Background • Added introduction to the Strategic Plan: • Contents • Development of plan • Use of plan
Ms. Roberts shared the changes to the strategic overview as follows: • Values • Added Fun: We believe in the value of fun. Serious work has to be done. We also believe in the value and benefit of fun, laughter and smiles, and that they are legitimate objectives in the work we do. We will actively pursue them as outcomes.
• General Changes • Added Possible Future Impacts section at the end • Strategies – removed some suggestions • Minor edits
Ms. Roberts shared the Strategic Priorities and Goals as follows:
People 1. Health, Safety and Well-being 2. Education and Learning 3. Opportunity and Economic Prosperity 4. Fun, Entertainment and Culture
Places 5. Welcoming Communities with Connected Neighborhoods
Government 6. Quality Government and Innovation 7. Environmental Stewardship and Sustainability
Ms. Roberts advised of the changes made to the People section of the Strategic Plan.
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Draft Goal 1. Health, Safety & Well-being • Objective 1.1. Personal Safety. Provide public safety services to ensure the safety of all residents, visitors and their property. o Removed “be confident”
Goal 2. Education and Learning • Objective 2.1, Pre-K Preparation for Education o Strategies ▪ Added mention of expanding the existing Healthy Families and First Step programs ▪ Removed reference to “particularly in the Southeast community” o Measures – aligned to national measures ▪ Improvement in Kindergarten Readiness Index scores of children in pre-K programs in the city ▪ Reduction of children in the city who enter kindergarten without 4-year-old preschool
Goal 2. Education and Learning • Objective 2.2. Primary & Secondary Education. Strengthen primary and secondary education, Newport News to enable all students in the city to obtain a quality education that prepares them for higher education, career success, and self-sufficiency. o Made the objective broader than just collaborating with NNPS o Strategies ▪ Updated to focus on collaborating with NNPS to achieve full accreditation ▪ Updated to recognize existing career pathway programs and reference the Ford Next Generation Learning model as an example of an evidence-based model to consider ▪ Broadened language about expanding existing partnerships o Measures ▪ Updated to use NNPS student benchmarks for proficiency, achievement and youth development ▪ Removed reference to GreatSchools.org
Goal 3. Opportunity & Economic Prosperity o No changes
Goal 4. Fund, Entertainment & Culture • Objective 4.1. Community Engagement & Citizen Driven Change o Removed “including youth” in title o Strategies ▪ Broadened “engage young people” to “all city residents, especially young people”
• Objective 4.4. Fun, Entertainment & Culture. Orchestrate opportunities for fun, entertainment and culture for all residents of all ages
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Draft o Added “of all ages” to title o Strategies ▪ Added “embrace the temporary” ▪ Added as a tactical urbanism starting point “Hilton – support the existing neighborhood co-creators” ▪ Added “Continue to provide a wide range of recreation programs and opportunities to meet the needs and interests of residents”
Ms. Roberts advised of the changes made to the Places section of the Strategic Plan. Goal 5, Welcoming Communities & Connected Neighborhoods • Objective 5.1, Neighborhoods o Strategies ▪ Removed “incentivize” and clarified language: “Attract new people to neighborhoods who will contribute to building neighborhood stability and patronize local amenities. This could include city employees, police recruits and others with energy and incomes” • Objective 5.2, Quality Housing o Strategies ▪ Recognized existing rehab program: “Expand housing rehabilitation opportunities, including the partnership with Habitat for Humanity” • Objective 5.3, Transportation & Connectivity o Strategies ▪ Strengthened “improve the public transit system” by merging it with “create more transportation choices.” Made “increasing east-west connections” part of but not the only approach of creating more transportation choices
Ms. Roberts advised of the changes made to the Government section of the Strategic Plan.
Goal 6. Quality Government & Innovation • Objective 6.4, Innovation & Continuous Improvement o Strategies ▪ Added “seek simple ‘garden hose’ solutions” to innovative solutions ▪ Added “infuse fun throughout the city, city government and government services” • Objective 6.5. Engaged & Skilled Workforce. “Ensure that every employee has meaningful opportunities to engage, grow and learn. Develop a culture of shared leadership and empathy that supports employee well-being and development, cultivates leadership skills and supports aspiring leaders.” – Swapped 2 sentences • Objective 6.6, Shared Leadership Model o Strategies
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Draft ▪ Added “develop a culture in which every employee owns every issue and feels empowered to address it”
Goal 7, Environmental Stewardship & Sustainability • Objective 7.2, Environmental Stewardship & Resiliency o Strategies ▪ Changed “require (or encourage) new development and significant redevelopment to dedicate public open space and access to water…” to “encourage, and where possible require,…”
Vice Mayor Vick shared that Objective 7.2. Environmental Stewardship & Resiliency, she believed it should be “Resilience”. Ms. Roberts replied she would make the requested change from Resiliency to Resilience.
Ms. Roberts advised that the Strategic Plan review process was as follows:
1. Reaction – Identify what City Council loved and what needed to be changed. 2. Changes – Review the things that needed to be changed. 3. Other – Discuss other areas that could be improved. 4. Later – Additional comments could be sent by the end of the week (December 13, 2019).
Ms. Roberts requested that City Council think about the Strategic Plan as a whole and requested City Council to advise of what they loved, liked, and disliked about the Strategic Plan.
City Manager Rohlf indicated something to expand upon already in the Strategic Plan. Ms. Roberts stated that a statement could be wrong and did not go far enough, did not put enough emphasis on a statement, or missing the objective.
Councilman Harris shared that he loved the vision – with regard to the discussions City Council made and where the City should go. He shared that some of the needed changes to the language had been made per the discussions at the City Council Retreat. He questioned Objective 1.2. Health under Strategies on page 13, “In neighborhoods where transportation can be a challenge, facilitate a food delivery service.”
Councilman Jenkins shared that he loved the focus on community engagement and no changes were needed.
Vice Mayor Vick shared that she loved the ramping up and doing the best for the NNPS with the focus on becoming a team to become fully accredited, with no conditions and to work together to achieve that goal. She reiterated that Objective 7.2. Environmental Stewardship and Resiliency should be changed to Resilience.
Councilwoman Woodbury shared that she believed that Objective 2.1. – 2.3 needed help/different language. She indicated that she went to the City of Hampton Page 6 of 24
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Draft State of the City – listened to research and acted accordingly (i.e. school start times, uniforms, career training, etc.) and they had an academy for career training. She believed that Newport News could learn from some of the research.
Councilman Harris shared that Objective 2.3. Career-Oriented Learning paragraph two (2) “Expand access to college education by building on the Captains Program, a collaboration of CNU and NNPS that made a free college education available to certain students.” He advised that he attended a meeting about the Community Captains Program, and it was shared that could be a way to keep young people here after college.
Mayor Price shared that Objective 2.1. Pre-K Preparation for Education – page 14 under Measures of Effectiveness should read “eliminate” versus “reduction in children in the City who enter Kindergarten without 4-year old preschool.”
Councilwoman Woodbury shared that she would like to see more in area of ground safety as she served on a National Committee (shooting in Virginia Beach, the same thing could happen in Newport News). She indicated, prior to any meeting, that a safety plan/procedure should be in place as Newport News did not have a safety plan/procedure. At the beginning of each meeting, a safety plan/procedure should be provided for all in attendance (i.e. who would call 911, advised where exits were located, etc.) as a routine. Ms. Roberts repeated what she heard from Councilwoman Woodbury that a safety plan needed to be implemented, not just a safety plan sitting on a shelf.
Councilwoman Cherry shared she loved everything about Objective 4.4. Fun, Entertainment and Culture on page 42, great ideas. The number of attendees or some other method could be used to measure the effectiveness.
Councilwoman Woodbury shared an example – the Wreath Laying at the Lions Bridge had increased in community attendance and community involvement. She believed time and attendance could show measures of effectiveness.
Vice Mayor Vick shared that she loved Goal 3. – Opportunity and Economic Prosperity – page 22 of 81 – to be inclusive where everyone could thrive and opportunities for employment throughout the City for everyone. People should not be limited to working in the section of the City in which they live. Just because people were born and lived in a particular neighborhood, they may not have the same opportunities. Otherwise, when the data is reported the numbers are not just crippling to that section of the City, but crippled the entire City. The Measure of Effectiveness could be crime reduction.
Councilwoman Cherry shared that she loved Objective 5.1. Neighborhoods – page 44 of 81 “Develop a marketplace and seafood restaurant with a waterfront view at the Seafood Industrial Park” and “Make immediate improvements and use of the Kmart site prior to its development...”
Ms. Roberts requested that City Council provide “must change” items to the Page 7 of 24
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Draft Strategic Plan.
Councilman Harris questioned Objective 1.2. Health – Strategies on page 33 of 81 – fourth bullet “Reduce food insecurity and encourage healthy living by providing education programs and facilitating neighborhood businesses and community gardens and farm markets that provide access to healthy fresh, affordable, nutritious food choices throughout the City. In neighborhoods where transportation can be a challenge, facilitate a food delivery service.Ms. Roberts replied there were a variety of food delivery services and pilot programs with the Supplemental Nutrition Assistance Program (SNAP). City Manager Rohlf recalled during the discussions with Choice Neighborhood Initiative (CNI) and attempted to facilitate when Piggly Wiggly opened and prior that that with Jim’s Local Market, whether there could be van delivery service with fresh produce or a service that picked-up people to take them to the market to shop. It was a matter of finding what the community needed and create an opportunity for people to start a business (mobile van service for delivery and/or door-to-door transportation services), and the City could facilitate the connection. Because it was different in some communities if people do not have a vehicle, the City needed to create an opportunity and find out the community needs. She further stated that Hampton Roads Transit (HRT) did not offer those services to the community. Councilwoman Cherry inquired about the statement “food insecurity”. City Manager Rohlf replied it would be a food desert (wondering where your next meal would come from). Ms. Roberts stated food insecurity was measured across cities all over the country differently. City Manager Rohlf indicated it was a combination of “you don’t have some place local to go to purchase groceries” and “don’t have the resources” in some cases. It would make those connections to ensure that everyone in the community had access and resources and to facilitate changing those conditions. Ms. Roberts indicated the reason the word facilitate was used, was a way to connect the right players and partnerships. Councilwoman Woodbury questioned whether it could be an add-on to Meals on Wheels. City Manager Rohlf replied that could be one source, but questioned whether additional funding was needed. Councilman Harris suggested working with local churches. City Manager Rohlf replied that would be a co-creator concept and partnership, as the churches may have a van to use for transportation.
Councilman Jenkins suggested rather than “reduce food insecurity…” it should read “ensure food security” as a strategy goal. Mayor Price replied he believed the City was trying to enhance programs and connections rather than providing funds to do so. Ms. Roberts advised that it could read “eliminate food insecurity…” and Measures of Effectiveness could be measured by the percentage reduced each year.
Councilwoman Cherry questioned the wording of Objective 1.2. Health, page 33 of 81 – bullet five – there was a word missing. She read “Expand opportunities for residents to be physically active. Partner with the private sector to establish access to gyms in communities.” City Manager Rohlf replied that it could be the YMCA, partnerships, or non-profits that were interested in putting together programs that gave the community an opportunity to exercise. During the CNI discussions, people wanted an opportunity to have a safe place to exercise and to walk and do physical activity. There were gyms in the schools, and the City could partner with schools
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Draft and/or community centers after school hours. Ms. Roberts suggested it read “Partner with the private sector to establish access to gyms for communities.” Councilwoman Cherry agreed with the suggested wording. Vice Mayor Vick indicated she believed the word gyms should be removed and insert exercise, as exercise could be done in different setting, such as a community center (i.e. Doris Miller Community Center) in a safe and friendly environment.
Ms. Roberts stated, in Objective 2.2 Primary and Secondary Education – page 34 of 81 – stated that adding “learning to the research”. She suggested if that should that be added as an objective. Vice Mayor Vick replied that everyone can do different research, and the goal was not to force someone to do something a certain way. She suggested starting a collaboration process to reach the goals set. City Manager Rohlf indicated it should be broader on education itself, moving forward with the relationship with the NNPS. Councilwoman Woodbury stated there would be no need to reinvent the wheel, particularly if someone had already successfully proven the work and adopted and implemented what worked well for the City and NNPS. Vice Mayor Vick questioned whether that had to be written as a goal. Ms. Roberts inquired whether the language needed to be changed. Councilwoman Woodbury indicated that some of the research; had been available for years but education was where people did not like to change things. For example, City of Hampton Schools, look at what could happen when changes occurred and implement some of the research. It was the mindset of what was working in other localities. Ms. Roberts questioned whether language needed to be added in Objective 2.2 Primary and Secondary Education – page 34 of 81 – under Strategies, to add long-term research and results. Councilwoman Woodbury suggested adding implementation. Ms. Roberts advised that she would work on the language.
Ms. Roberts noted a change in Objective 2.1. Pre-K Preparation for Education – page 34 of 81 – bullet 1 under Measures of Effectiveness read “Reduction in children in the City who enter kindergarten without 4-year old preschool” and stated “eliminate” would replace “reduction”. Councilwoman Cherry indicated the City had an Early Childhood Center and Head Start; she questioned why that was not universal. Ms. Roberts replied those programs were not universally available; people had to apply and be accepted into those programs, and not all children are accepted. There must be a test, needs based, and a certain number of slots available. Ms. Roberts indicated there were community centers, non-profits and churches that also offered programs. Councilwoman Cherry questioned how that would be measured. Ms. Roberts replied the schools measured as students were registered and entered kindergarten. City Manager Rohlf advised that every child should have the opportunity to go to pre-school, should they so desire. There should be a program available to every child, whether it was through Healthy Families, the NNPS, a church, or Parks and Recreation, there should be enough opportunities for every child. She stated no child should be turned away if a parent wanted to enroll the child into a pre-school. Ms. Roberts indicated that the Healthy Families Program helped to teach parents the importance of children going to Pre-K. The program educated the parents on the benefits and why they should take advantage of the opportunity. She shared there were not enough slots available in public programs. Councilwoman Woodbury shared that Healthy Families would try to find other available programs, if slots were
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Draft not available. City Manager Rohlf indicated the City would do whatever it could to facilitate increasing the supply of opportunities.
Ms. Roberts addressed Objective 1.1. Personal Safety – page 32 of 81 – incorporating a plan for safety, more specifically, an active shooter. City Manager Rohlf shared that there had been an active table talk and the City had someone come in and worked with all the key people in the City (i.e. Police, Fire, etc.). There were seven (7) scenarios that included cyberattacks, active shooters, and fires. The group discussed what would be done, how to would react, who would communicate with whom, where there were strengths, and where there were weaknesses. Afterward, there was discussion on what was seen as strengths, weaknesses, and how the City could enhance communications. She added the City was doing more about cybersecurity. Councilwoman Woodbury replied that was great that key people in the City received the training/necessary information, but City Council and City employees needed that information. City Manager Rohlf replied that it was a requirement that all City employees take active shooter training, and beginning January 1, 2020, it would be required that everyone visually show identification. The City was taking steps and doing table talks. The Police Department was providing the active shooter training and got great feedback from the employees. City Manager Rohlf advised that the training could be incorporated with City Council, and Mr. David Freeman, Assistant to the City Manager, would work with City Council schedules and the Police Department to set-up the training. Vice Mayor Vick indicated everyone should be prepared for all of the public meetings, because people come to the meetings and addressed City Council with such disrespect. She indicated that she understood if people did not agree, but that was part of safety in this political climate, never knowing what people would do and City Council needed to be prepared. Ms. Roberts shared language about the safety for City employees and at public meetings would be included as part of the strategies. Councilwoman Cherry questioned how that would be measured. City Manager Rohlf replied the training of the City employees, how up- to-date and how frequently the training was done and how often it practiced those activities.
Ms. Roberts addressed Objective 4.4. Fun, Entertainment and Culture – page 42 of 81 – the question was how to measure the effectiveness. City Manager Rohlf replied that ways to measure the effectiveness would be through surveys and social media.
Councilwoman Cherry inquired about Objective 4.1. Community Engagement and Citizen Driven Change – page 40 of 81 – fifth bullet –“Engage a level of transparency that allows public participation in decisions and discourages misinformation. Support transparency through technology, for example by utilizing the City’s website and a mobile app to communicate with and solicit feedback from residents.” City Manager Rohlf replied everyone heard the same information. The more information that could be communicated and shared with the public, demonstrated transparency.
Ms. Roberts shared that all the points identified had been reviewed, and the next step would be to incorporate that information into the Strategic Plan. She stated
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Draft other comments, questions and/or concerns could be emailed to her at [email protected] or call (540) 882-3593. This would be the final time to work through the plan as a draft, as opposed to focusing on using the plan as a management tool.
Councilwoman Cherry questioned if City Council was satisfied with the goals and headings as presented. She did not know whether City Council had come to a consensus on the Strategic Priorities, Goals and Objectives. However, the iCompass System had already incorporated the Strategic Priorities, Goals and Objectives. City Manager Rohlf replied that after the presentation was made at the City Council Retreat, she believed City Council was comfortable, and she was unaware of any concerns. Councilwoman Cherry was unaware that a decision was made regarding the Strategic Priorities, Goals and Objectives. City Manager Rohlf replied she had not heard of any concerns from City Council and made the decision to move forward. She believed it was important that with every action item, City Council should be able look at that item and know how it was supporting the Strategic Plan as it was a growing document, and the plan could always be changed with the priorities
II. Closed Meeting (4:37 p.m. – 5:03 p.m.)
III. FY 2019 Comprehensive Annual Financial Report (CAFR)
Ms. Cynthia Rohlf, City Manager, introduced Ms. Susan Goodwin, Director, Department of Finance, to report on the 2019 Comprehensive Annual Financial Report (CAFR).
Ms. Goodwin advised that the CAFR proved that the City was financially sound, and the bookkeeping was accurate. The CAFR was the result of many hours of hard work which began May 2019, to include the Finance Staff, Department of Human Services, the Department of Internal Audit and other departments. The audits are required to test compliance over major federal projects for awards. She introduced Mr. Greg Miller, Director, Government Services Group, Cherry Bekaert, the City’s Independent Auditors, to share information pertaining to the CAFR for the Fiscal Year that ended June 30, 2019.
Mr. Miller noted Cherry Bekaert was engaged by the City to provide the following (a copy of the presentation, “Your Guide Forward,” – December 10, 2019, is attached and made a part of these minutes):
• Audits • City of Newport News, Virginia (City) • Economic and Industrial Development Authorities (E/IDA) • Newport News Employee Retirement Fund (NNERF)
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Draft • Other Auditors • Peninsula Airport Commission*
• Compliance • Governmental Auditing Standards • Major Federal Programs required by the Uniform Guidance • Specifications for Audits of Cities, Counties and Towns by the Auditor of Public Accounts (APA) • Specification for Authorities, Boards, and Commissions by the APA
• Examinations • Census Data submitted to the Virginia Retirement System (VRS)
• Agreed-Upon Procedures • Comparative Report Transmittal • Sheriff’s Office Internal Control • Financial Assurance Regulations for Solid Waste Disposal Facilities
• Other Services • Certification of Data Collection Form
*Audited by other Auditors
Vice Mayor Vick questioned why the Peninsula Airport Commission was not audited by Cherry Bekaret, and whether there were State regulations that prevented it. Mr. Miller replied it was done through computer process and procurement process.
Councilwoman Woodbury questioned whether Cherry Bekaret reviewed the Peninsula Airport Commission report. Mr. Miller replied only to assure that the information was in the package of financial statements and obtain the Certified Public Accountant (CPA) information to make sure the firm was licensed in the State of Virginia. There was a separate audit procedure to make sure that the information included in the CAFR was in compliance with the City’s efforts. Councilwoman Woodbury inquired whether that was more expensive. City Attorney Owens replied that the Peninsula Airport Commission/Authority paid for those services.
Mr. Miller noted that Cherry Bekaret reported the Inclusion of the following areas in the City of Newport News CAFR: • Discretely Presented Component Units • Newport News Public School – Student Activity Funds (Agency Fund)* • Economic and Industrial Development Authorities • Peninsula Airport Commission*
• Blended Component Units • Public Utility Fund • Newport News Employee Retirement Fund Page 12 of 24
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Draft
*Audited by other Auditors
Mr. Miller noted that Cherry Bekaert utilized a top-down, risk-based audit approach that was highly automated and specifically tailored to the City. The approach was broken down in the following phases:
• Orientation and Planning • Strategy and planning meeting; review prior-year information • Update documentation of controlled environment, accounting systems, and control procedures • Develop an overall audit strategy and deliver client assistance plan and proposed schedule
• Interim and Year-End Procedures • Interim testing • Compliance testing • Year-end and cutoff procedures
• Final • Complete testing of balances and transactions • Exit conference with City Management
• Reporting • Issuance and presentation of audit results and related reports
Mr. Miller advised that Cherry Bekaert identified significant audit areas during the Orientation and Planning phase of the audit. He noted procedures based on Cherry Bekaert’s risk assessment of the City, identified significant audit areas and audit test work as follows: • Revenue and Accounts Receivables – Governmental Funds • Update the City’s understanding of control in place and test accordingly • Recalculate property taxes • Test the collectability of receivables and review allowance calculations • Confirm APA intergovernmental revenue and test reconciliation • Analytically test budget versus actual
• Financial Reporting • Update the City’s understanding of controls in place • Review journal entries to ensure net position and fund balance were properly classified and disclosed • Review account groupings and disclosures for financial statements • Review implementation of new Generally Accepted Accounting Principles (GAAP) requirements for applicability and proper implementation
• Payroll and Related Pension Liabilities • Update the City’s understanding of controls in place and test accordingly
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Draft • Analytically test accrued vacation and compensated absences • Recalculate payroll accrual • Review Pension and other postemployment benefits (OPEB) actuary reports and perform census data testing
• Capital Assets • Update the City’s understanding of controls in place and test accordingly • Test a sample of additions and deletions • Review retainage and CIP for significant changes and for any aged projects • Analyze depreciation expense and review for possible impairment
Mr. Miller shared the Engagement Results of the Financial Statement Audit Opinions as of, and for, the Fiscal Year ending June 30, 2019:
• Audit Opinion(City, E/IDA, and NNERF) • Opinion was unmodified or a “Clean” opinion, issued November 22, 2019 • Basic Financial Statements • Notes to the Basic Financial Statements
• In Relation to Opinion(City and NNERF) • Opinion was unmodified or a “Clean” opinion in relation to the financial statements • Supplementary information
• Unaudited(City E/IDA, and NNERF) • Did not express an opinion or provide any assurance on: • Introductory Section • Required Supplementary Information • Statistical Section
• Other Auditors(City) • Peninsula Airport Commission
Compliance:
• Governmental Auditing Standards(City, E/IDA, and NNERF) • There were no reportable instances of material weaknesses in internal control over financial reporting
• Uniform Grant Guidance(City) • Non-Material Noncompliance and Material Weakness – Eligibility for Medicaid Program Assistance (CFDA 93.778) • Non-Material Noncompliance and Significant Deficiency – Low Income Home Energy Assistance (CFDA 93.568)
• Auditor of Public Accounts(City and E/IDA) • There were no reportable instances of non-compliance
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• Examination • Auditors opinion was unmodified on the census data provided to VRS by the City – Issued September 25, 2019
• Agreed Upon Procedures • Comparative Report Transmittal Forms – the Auditors issued a report on November 26, 2019 • Sheriff’s Office Internal Controls – the Auditors issued a report on November 26, 2019 • Finance Assurance Regulations for Solid Waste Disposal Facilities – the Auditors issued a report on November 26, 2019
• Other Services • Data Collection Form – Anticipate certifying by December 22, 2019
Mr. Miller noted the Required Communications for the Fiscal Year that ended June 30, 2019 (see information on pages 16 – 19 of the presentation attached and made a part of these minutes):
• Accounting Policies o Adoption of new accounting policies effective July 1, 2018 o GASB Statement No. 88 – Certain Disclosures Related to Debt, Including Direct Borrowings and Direct Placements o Application of existing policies was not changed during 2019
• Management Judgement and Accounting Estimates o Allowance for Doubtful Accounts and Taxes Receivable o Depreciable lives of capital assets o Pension and Other Post-Employment Benefits Liabilities o Incurred but not reported and Claims Liability o Landfill Closure and Post-Closure Liability
• Corrected Audit Adjustments o There were none noted during field work
• Uncorrected Audit Adjustments o There were none noted during field work
• Disagreements with Management o There were none noted during field work
• Difficulties Encountered in Performing the Audit • Encountered no difficulties in performing the audit
• Consultation with Other Accountants • Not aware of any • Material Client Communications Page 15 of 24
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Draft • Management representation letter was provided on November 22, 2019 • Cherry Bekaert issued Management letter dated November 22, 2019
• Independence • Cherry Bekaert was not aware of any relationship that they believed, based on current authoritative guidance, would impair the City’s independence
Mr. Miller reported that there were some significant estimates in the City’s Financial Statement that Cherry Bekaert needed to report. He advised that such estimates dealt with the valuation allowance for doubtful accounts and taxes receivables; the depreciable life of capital assets; pension and other post-employment benefit liabilities; incurred but not reported, and claims liability; and landfill closure and post-closure liability. Cherry Bekaert did not discover any errors that needed to be adjusted and did not have any difficulty or disagreements with management in the course of the audit; management fully cooperated.
Mr. Miller noted Future Accounting and Reporting Changes for the Governmental Auditing Standards Board (GASB) statements effective for FY 2020 – FY 2021:
GASB statements effective for FY 2020 • GASB Statement No. 84 – Fiduciary Activities o Establishes criteria for identifying fiduciary activities of all state and local governments focusing on (1) whether a government is controlling the assets and (2) the beneficiaries with whom a fiduciary relationship exists
GASB Statements effective for FY 2021 • GASB Statement No. 87 – Leases o Establishes a single model for lease accounting based on the foundational principle that leases are financings of the right to use an underlying asset o Requires recognition of certain lease assets and liabilities for leases that previously were classified as operating leases and recognized as inflows of resources or outflows of resources based on the payment provisions of the contract
Mr. Miller thanked members of City Council for entrusting Cherry Bekaert to provide services. He stated, much credit went to the City’s internal staff, as they handled the accounting and financial statements that were audited by Cherry Bekaert. He congratulated the City on the improvements that had been made in its reporting. He stated that the members of City Council should be pleased with its management team and what had been accomplished.
IV. Port Warwick Foundation
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Ms. Cynthia Rohlf, City Manager, introduced Ms. Jackie Shapiro, Executive Director, Port Warwick Foundation, to report on the 2019 Port Warwick Events (a copy of the presentation, “Port Warwick Events 2019,” – December 10, 2019, is attached and made a part of these minutes).
Ms. Shapiro advised that the Port Warwick Foundation was a non-profit 501 (c) (3) organization that was founded with the purpose of organizing and managing regional arts and entertainment events for the residents of not only Port Warwick, but Newport News and the entire Peninsula. All events were family-friendly and free to attend, where all demographics and ages were welcome. The Port Warwick Foundation budget and sponsorship were as follows:
• With an annual budget of $250,000, the Port Warwick Foundation received 20% of its funding from grants from the City and State. • 80% of the funding came from private donations from sponsors. • 30+ sponsors who had generously contributed to help continue arts and entertainment in Port Warwick. • Corporate Sponsors included: • Virginia Health Services (VHS), The Medina Cale Group at Morgan Stanley, C&F Bank, Virginia Oncology, OVM Financial, Priority Chevrolet, PMA Architecture, Black Marlin CPA’s, Identity Sign Builders and many more. • There were many Patron Sponsors for the Arts Festival who also donated annually.
Ms. Shapiro advised of a new venture for the Port Warwick Foundation in 2019, “Jazz on the Square”. The Jazz on the Square Series was offered every Sunday in April from 2:00 p.m. – 5:00 p.m. She indicated that Jazz on the Square was so popular that it was brought back four (4) Sundays in September. This new endeavor provided a more intimate setting than the summer concerts, and it fit a nice segment of the population. This series provided an opportunity to showcase talented local jazz musicians. Attendance topped 500 at each concert. Ms. Shapiro advised that the Virginia Health System (VHS) Summer Concert Series consisted of the following:
• 15 concerts – Wednesday nights – May 22nd through August 28th. • Port Warwick Foundation was the only outdoor venue in Newport News that offered free weekly concerts in the evening and offered every genre of music for every taste. • Attendance was upward of 3,500 at each concert. • Brought in major local bands. Everyone wanted to play at Port Warwick. • Bands that performed included: • Strictly Bizzness (was the opening show, and rocked the house); • Brasswind, a newer horn band and (very hot); • Bobby Blackhat (brought Blues); • Wampler Brothers (with Americana and Bluegrass); and • The ever popular Buckshot – Country Band; Page 17 of 24
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Draft • Old favorites were Slapnation and the Original Rhondels; and • A few newer lesser known bands – to give everyone a chance. • Family friendly safe environment and good crowd vibes kept this series popular. • New in 2019 was that there were up to four (4) non-profit groups set-up informational tables for free at each concert to include: • Foodbank of the VA Peninsula; • Transitions Family Violence Services; • Alzheimer’s Association; • United Way and more. • Port Warwick was situated between two (2) fire stations and sometimes the Station on J. Clyde and/or the station on Oyster Point would drive their fire trucks to the Square and walk around and enjoy the concerts and talk to folks unless they got a call. • Members of the other bands came and listened to see what to expect and if they could top the current band and would sometimes join in.
Ms. Shapiro shared details of the Art and Sculpture Festival as follows:
• The 15th year for the Art & Sculpture Festival and was held on October 12th – 13th. Always the 2nd weekend in October which, brought about 4,000 visitors over the weekend. • 88 Artists from all over the country represented all types of media. • Live entertainment all weekend which included children’s activities and an “Emerging Artists” tent which showcased the art of four (4) area high school students.
Ms. Shapiro shared that the Art and Sculpture Festival formed a Partnership with the Downing-Gross Cultural Arts Center.
• 6 artists from Downing-Gross Cultural Arts Center participated, and two (2) tents were provided to showcase their artwork. • One of the returning artists provided cash award scholarships to three (3) of the Downing-Gross Cultural Arts Center artists.
Ms. Shapiro advised that the final event of the year was the Holiday Tree Lighting, held the Saturday after Thanksgiving. The event offered a delightful, old-fashioned, Holiday Village for families to enjoy. One patron said that she felt like she was on the set of a Hallmark movie. The Santa Parade was led by a fire truck and included, visits and pictures with Santa, live entertainment, games and prizes, free carriage rides and free cider and cookies provided by the major sponsor Virginia Health Services.
On behalf of the Port Warwick Foundation, Ms. Shapiro thanked the City and all of the Sponsors. With the assistance of the City and dedicated sponsors, all of the wonderful events were offered for the citizens of Newport News, which made it a better place in which to live and work.
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Draft Councilman Harris inquired how a local band could be added to the agenda for the 2020 Port Warwick Summer Concert Series. Ms. Shapiro replied that a band could contact her via email https://portwarwickevents.com/contact/ or by calling her at 757-223-0284. The Port Warwick Foundation/Entertainment Committee would review those submissions.
Vice Mayor Vick thanked Ms. Shapiro and the Port Warwick Foundation Board for their energy, time and commitment, service and entertainment provided for the citizens of Newport News. She requested that Ms. Shapiro recognize the Port Warwick Foundation Board members.
Ms. Shapiro introduced Port Warwick Foundation President, Mr. Derry Haywood, and Board Members, Mr. Jesse Young and Ms. Genine Pettitt.
V. Newport News Public Schools School Bus Red Light Enforcement Cameras
Ms. Cynthia Rohlf, City Manager, introduced Mr. David Freeman, Assistant to the City Manager, Office of the City Manager, to report on the Newport News Public Schools (NNPS) School Bus Red Light Enforcement.
Mr. Freeman advised that the presentation would provide information on camera enforcement against vehicles passing stopped school buses under the NNPS School Bus Red Light Enforcement plan (a copy of the presentation, “Camera Enforcement Against Passing Stopped School Buses,” – December 10, 2019, is attached and made a part of these minutes):
Mr. Freeman shared the following background statistics. The National Association of State Directors of Pupil Transportation conducts annual surveys of stop-arm violations per year:
o 2016 – 74,421 (33 States) o 2017 – 78,239 (30 States) o 2018 – 83,944 (38 States) o 2019 – 95,319 (39 States)
Mr. Freeman shared the NNPS Pilot of stop-arm cameras conducted March – June 2016 as follows:
o 6 buses used the stop-arm camera o 703 violations o 93 unique locations • School’s 335 bus fleet has a significantly reduced footprint on weekends and during the summer months
Mr. Freeman advised of the NNPS Stop-Arm Pilot violations results for 2016 as
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Draft follows:
• March 2016 – 215 • April 2016 – 160 • May 2016 – 175 • June 2016 – 145
• April - one week off and June was a half month • Friday (29%) High Day • Monday (14%) Low Day • 2:00 p.m. Highest Activity • Jefferson Avenue 13000 & 4000 blocks - High Activity
Councilwoman Cherry inquired about the location of 13000 and 4000 block of Jefferson. Mr. Freeman replied that the 13000 block of Jefferson was near Fort Eustis, and the 4000 block of Jefferson was in the Southeast community near 40th Street.
Mr. Freeman shared the current practice in Virginia for Stop-Arm Violators:
State Code 46.2-844 o Stop arm violators are subject to a civil penalty of $250 o Locality may, by ordinance, authorize the school division of the locality to install and operate a video-monitoring system • Proposed ordinance developed by City Attorney & NNPS Attorney • Stop-Arm Cameras in Virginia: • City of Manassas • Arlington County • Town of Culpeper • City of Richmond • Fairfax County • City of Falls Church • City of Virginia Beach • All localities had different practices for how violation proceeds were distributed between school districts and locality
Mr. Freeman advised of the Vendor’s Role in the Bus Stop-Arm Process Flow as follows:
1. Violation Capture (Video and Data) 2. Wireless Transfer 3. Back Office Review 4. Law Enforcement 5. Citation Issued 6. Payment Support 7. Court Support
Mr. Freeman described how the Bus Stop-Arm System worked step-by-step: Page 20 of 24
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1. Video cameras were installed at key locations on the exterior of the school bus. 2. When a school bus extends its stop-arm, the system automatically detects a vehicle passing the stopped school bus, within the enforce zone. 3. When a vehicle passed the school bus, the cameras capture video showing the violating vehicle. 4. The violation images extracted from the video include not only the violating vehicle as it passed the school bus, but also the vehicle’s license plate and the school bus’s extended stop arm. The video of the violating vehicle was provided as further evidence of the violation. 5. Violation data and images then are wirelessly uploaded to ATS’ robust back- office processing system via a secure Virtual Private Network (VPN). 6. A final review of the violation image and video was conducted by law enforcement personnel, who either approved or rejected the violation. 7. If law enforcement approved the violation, a citation was issued and mailed to the vehicle owner.
Mr. Freeman further advised of the Vendor’s Role in the Bus Stop-Arm Process Flow was as follows:
• Vendors will outfit a percentage of the bus fleet as needed with stop-arm cameras. o Stop-Arm Cameras may be installed incrementally based on violation demand o Data will be constantly reviewed to determine effectiveness, behavior modification patterns
Mr. Freeman advised of the Newport News Police Department’s Role in the Bus Stop-Arm Process was as follows:
• General Administration and Legal Consultation 25% • Court/Appeals/Preparation 25% • Footage Review – Violation Certification (or no violation determination) 50%
Councilwoman Cherry questioned, if NNPD was involved, whether that pull NNPD units from the police department. City Manager Rohlf replied this program would seek a dedicated officer. Mr. Freeman reiterated that NNPD Officers would not be pulled off of the street; the Camera Enforcement program would be self- sustaining, based on the language in the contract, and negotiable based on the RFP. Mr. Freeman indicated it equated to 2080 Employee Hours for a FTE Officer which did not take into account overtime.
Mr. Freeman advised of the Fiscal Impact – Revenue Projected in the First Year:
• Number of Violations based on Pilot Program, applied to 10 buses, for the full Page 21 of 24
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Draft school year 3,889 • Number of Violations based on Pilot Program, applied to 10 buses, at 75% Valid Violation Rate 2,917 • At 75% Valid Violation Rate, at $250 per collected fine @ 100% Collection Rate $729,167 • Net Fines collected After Vendor Payment (60% of Fine to Vendor) $291,667 • MINUS City First Year Operational Cost ($123,930) • Potential First Year Revenue to Schools $167,737
Mr. Freeman advised that the Fiscal Impact – City Expense Projected for the first year:
• Full Time Police Officer Salary/Fringe Benefits at Entry Level $ 66,618 • One-Time Initial Officer Outfitting Cost (Uniform, Weapon, etc.) $ 8,720 • One-Time Vehicle Purchase without Fuel and Insurance $ 48,592 • Total First year City Operating Expense $123,930
Mr. Freeman advised of the Fiscal Impact to the Schools Expense Projected as follows:
• Depends on Contract Structure • Camera Installation • Monitor Camera Activity • Maintenance & Repair Camera • Fine Collections
• Fines Sufficient to Cover School Contract and City Police Expense • Anticipate some net revenue after annual expenses paid • Expect Declining Revenue as Driver Behavior Improved
Mr. Freeman indicated that the Path Forward was as follows:
• Key Partner Support o City Council o School Board o NNPD & NNPS Administrations • City Council Approval of Proposed Ordinance o Request for Proposal (RFP) o Contract with Vendor o Memorandum of Understanding with the Police Department o Public Awareness Campaign (NNPS) o Implementation o Continuous Updates to Council on Progress
City Manager Rohlf advised that the information provided were only Page 22 of 24
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Draft projections. The ultimate goal would be to change the actions, so the number would decrease. This was for the safety of the children.
Councilman Jenkins questioned whether signage on the buses had been changed to notify the public of camera surveillance to discourage people from illegally passing the buses. Mr. Freeman replied no; there was no notification on the buses. Mr. Shay Coates, Executive Director, NNPS Transportation Division, advised that according to State Code it was not necessary to advertise which bus had camera surveillance which could be considered standard equipment. City Manager Rohlf reiterated this was to change the behavior of drivers and safety for the children.
Mr. Freeman shared that the recommendation would be to adopt the ordinance at the January 14, 2020 the Regular City Council meeting which would be on the agenda for consideration.
VI. Comments/Ideas/Suggestions
City Attorney Owens reminded that he informed City Council that effective July 1, 2019, it was mandatory for local officials (City Council Members, School Board Members, and Constitutional Officers) to take the Freedom of Information Act (FOIA) on-line training for one (1) hour every two (2) years with a deadline of December 31, 2019. Effective July 1, 2020, he advised there would be additional mandatory trainings. The Office of the City Clerk would maintain those records for five (5) years.
Councilwoman Cherry inquired about the kick-off time change for ARTech Lights at Brooks Crossing on Friday, December 13, 2019. Mr. Ralph Clayton, Assistant City Manager, advised that City Council would be provided with the updated information about the holiday events.
Councilwoman Cherry inquired about the lighting at school bus stops and requested that the cycle of lighting be reviewed to include those bus stops. City Manager Rohlf replied she would look into the matter.
Councilman Jenkins advised that he met with Friends of the James River in Hilton and as part of the rebuilding of the Hilton ravine, the Green Foundation had provided $13,000 for landscaping and soil stabilization. He indicated that the Green Foundation had requested that City Council support the project and provide $2,000 to assist and other funds would be raised from private sources. Councilman Jenkins asked for City Council consent to provide $2,000 from the contingency funds to support the project. City Manager Rohlf questioned whether this was the Green Foundation or Hilton Group. Councilman Jenkins indicated that the Hilton Group was working with the Green Foundation. City Manager Rohlf replied that the City already provided sizeable funding to the Green Foundation, but would work with them.
City Manager Rohlf advised that the Department of Parks, Recreation and Tourism had provided City Council with parking passes and an event site map for the Page 23 of 24
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Draft ARTech Lights event. Councilwoman Cherry questioned where City Council should meet for the kick-off event. City Manager Rohlf replied she would get additional information for City Council regarding the kick-off location.
Councilwoman Woodbury inquired whether City Council could use the same parking pass for the Lights at the Fountain event at City Center on Saturday, December 14, 2019. City Manager Rohlf replied yes, the same pass could be used.
Mayor Price advised City Council that there was a potential for a large number of citizens in attendance at the City Council Regular December 10, 2019, meeting to speak on the proposed Second Amendment Sanctuary City Resolution. He indicated that the Attorney General had not given an answer to whether or not a sanctuary city was an entity that would be allowable in the State of Virginia. He shared that no one was trying to take anyone’s guns away. He advised that if there was a large group of speaker cards, he would propose that a limited amount of time would be allowed. He would make a decision prior to the regular meeting, if necessary. He advised City Council not to engage in conversation or debate with citizens, but listen and thank the citizens for their participation, until City Council had more details. He shared that he was not in favor of the Second Amendment Sanctuary City Resolution because the City would follow the law anyway. Lastly, he noted that the Second Amendment Sanctuary City Resolution had not been adopted by any urban City to date.
THERE BEING NO FURTHER BUSINESS ON MOTION, COUNCIL ADJOURNED 6:15 P.M.
Zina F. Middleton, MMC McKinley L. Price, DDS Chief Deputy City Clerk Mayor Presiding Officer a true copy, teste:
City Clerk
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Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Consent Agenda ITEM: Minutes of the Special Meeting of December 10, 2019 DEPARTMENT: City Manager
STRATEGIC PRIORITIES ALIGNMENT:
☐ ☐ ☐ ☐ ☐ ☐ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
Page 104 of 181 Agenda Item #F.3. Consent Agenda
Draft Minutes City Council Special Meeting 10th Floor Conference Room, 2400 Washington Ave Tuesday, December 10, 2019, 4:37 PM
MEMBERS PRESENT: Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, and Councilwoman Dr. Patricia P. Woodbury
MEMBERS ABSENT: Councilwoman Sharon P. Scott, MPA
OTHERS PRESENT: Cynthia Rohlf; Collins Owens; Mabel Washington Jenkins; Darlene Bradberry; David Freeman; Ralph Clayton; Alan K. Archer; and Zina Middleton
A. Call to Order
After ascertaining that proper meeting notice had been provided to each member of City Council, Mayor Price called the meeting to order and stated the meeting was being held for the following purposes:
1. To call a closed meeting pursuant to Section 2.2-3711(A) of the Code of Virginia, 1950, as amended, subsections: (1) A discussion, consideration or interview of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees, or employees of any public body, the subjects of which are a discussion or consideration of prospective candidates for appointment to boards and commissions and members thereof; and (7) A consultation with legal counsel pertaining to actual and probable litigation, where such consultation in open meeting would adversely affect the negotiating posture of the public body, the subject of which are potential or actual cases involving tort, tax, and civil rights claims against the City.
2. To make appointments to fill vacancies on the City’s various boards, commissions, and committees.
Councilman Harris moved for a closed meeting under section and reason cited above; seconded by Councilwoman Cherry.
Vote on Roll Call: Ayes: Cherry, Harris, Jenkins, Price, Vick, Woodbury Nays: None
(Closed Session 4:37 p.m. – 5:03 p.m.)
After reconvening in open session, Councilman Harris moved to certify that to the best of each member’s knowledge (1) only public business matters
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Draft lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act, and (2) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting by the Council. Motion seconded by Vice Mayor Vick.
Vote on Roll Call: Ayes: Cherry, Harris, Jenkins, Price, Vick, Woodbury Nays: None
Vice Mayor Vick moved that the following appointments be ratified pursuant to receipt of notification that a favorable background check was conducted; seconded by Councilwoman Woodbury.
Vote on Roll Call: Ayes: Cherry, Harris, Jenkins, Price, Vick, Woodbury Nays: None
1. Commemoration Advisory Commission – Ms. Joan Minarik (General Public Representative, North District) and Ms. Lynne Allen (General Public Representative, South District) each for reappointment to serve a three-year term of office, term to expire March 9, 2023. Mr. Zhane Watson (General Public Representative, Central District) for appointment to serve a three-year term of office, term to expire March 9, 2023.
2. Newport News Arts Commission –Mr. James Gandolfo (General Public Representative) for reappointment to serve a three-year term of office, term to expire March 31, 2023. Dr. Patricia Nahormek (General Public Representative) for appointment to serve a three-year term of office, term to expire March 31, 2023. Ms. Allison Anderson (Newport News Public Schools Representative) for appointment to serve a three-year term of office, term to expire March 31, 2023. Ms. Vanita Jenkins (Youth Representative – Woodside High School) and Ms. Mariah Taylor (Youth Representative – An Achievable Dream High School) for appointment to serve a one- year term of office, term to expire December 31, 2020.
3. Newport News Human Rights Commission – Ms. Tishayla Williams (General Public Representative) for appointment to fill the unexpired term of Ms. Polly Chong, term to expire September 1, 2020. Mr. Anthony Brunson (Youth Representative – Warwick High School) and Ms. Lavender Oman (Heritage High School) for appointment to serve a one-year term of office, term to expire December 31, 2020.
4. Newport News Occasions, Inc. – Ms. Casey Jenkins (City Personnel Representative) for reappointment to serve a three-year term of office. Ms. Shelly Ezanno (City Personnel Representative), and Mr. William Roche (City Personnel Representative) for appointment to serve a three-year term of office, term to expire March 1, 2023.
5. Newport News Planning Commission – Ms. Sharyn Fox (General Public Representative) and Mr. Willard Maxwell, Jr. (General Public Representative) each for reappointment to serve a four-year term of office, term to expire January 25, 2024. One appointment (General Public Representative) deferred.
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Draft
6. Newport News Public Library Board of Trustees – Ms. Susannah Baker (Youth Representative – Warwick High School) and Ms. Nia Felton (Youth Representative - WSA - Homeschooled) for appointment to serve a one-year term of office, term to expire December 31, 2020.
7. Newport News Redevelopment and Housing Authority – Ms. Sandra Davoy (General Public Representative) and Mr. George Knight (General Public Representative) each for appointment to serve a four-year term of office, term to expire January 23, 2024.
8. Newport News School Board Retirees Local Finance Board - Mr. Steven R. Kanehl (Citizen Member) for reappointment to serve a two-year term of office, term to expire September 30, 2021.
9. Reservoir Protection Appeals Committee - Mr. Jay Allen (Professional Engineer) for reappointment to serve a two-year term of office, term to expire January 31, 2022.
10. Towing Advisory Board – Special Operations Officer Eric Sato (Police Chief Designee) for appointment to serve an indefinite term of office.
11. Human Services Advisory Board – Ms. Kimberly Bell (General Public Representative) to fill the unexpired term of Mr. Owen Haughton, term to expire July 10, 2020.
B. Adjourn
THERE BEING NO FURTHER BUSINESS, ON MOTION, COUNCIL ADJOURNED AT 5:03 P.M.
Mabel Washington Jenkins, MMC McKinley L. Price, DDS City Clerk Mayor Presiding Officer A true copy, teste:
City Clerk
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Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Consent Agenda ITEM: Minutes of the Regular Meeting of December 10, 2019 DEPARTMENT: City Manager
STRATEGIC PRIORITIES ALIGNMENT:
☐ ☐ ☐ ☐ ☐ ☐ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
Page 108 of 181 Agenda Item #F.4. Consent Agenda
Draft Minutes City Council Regular Meeting Meeting City Council Chambers, 2400 Washington Ave Tuesday, December 10, 2019, 7:00 PM
MEMBERS PRESENT: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
MEMBERS ABSENT: Councilwoman Sharon P. Scott, MPA
7:00 p.m.
A. Call to Order
Mayor Price called the meeting to order, and extended a welcome to all in attendance. He identified the procedure for citizen participation regarding items on the Council agenda, as well as the opportunity for citizens to address City Council on matters germane to the business of the Council. He explained matters that were germane to the business of Council meant matters that the City Council, by law, were empowered to act upon. This did not include announcements that were personal to an individual, business, or organization. He pointed out the availability of copies of the ordinance highlighting citizen participation, and encouraged citizens to review the document.
Mayor Price requested that cell phones and/or pagers be silenced or turned off.
B. Invocation The invocation was rendered by Pastor Matt Hoover, Waters Edge Church.
C. 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 Councilwoman Cherry.
D. Presentations None.
Moved by Mayor McKinley L. Price, DDS, seconded by Councilman Marcellus L. Harris III, Motion to excuse Councilwoman Scott from this meeting. Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
Moved by Councilwoman Saundra N. Cherry, D. Min., seconded by Councilman Marcellus L. Harris III, Motion to suspend the rules to change the speaking time to one Page 1 of 19
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Draft minute, pursuant to Section 2-61 of the City Code Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
E. Public Hearings 1. Ordinance Granting a Utility Easement Across City-Owned Property Located at 524 J. Clyde Morris Boulevard
A request was received to grant a utility easement across City-owned property located at 524 J. Clyde Morris Boulevard, as shown on the attached aerial and Plat Number 17- 19-1843. City Council received and opened bids for this easement at its November 26, 2019 Regular Meeting. Virginia Electric Power Company (d/b/a Dominion Energy Virginia) was the successful bidder in that process, with a bid of $1.
The proposed utility easement will enable Dominion Energy Virginia to run underground cable along the road that goes through that park for better accessibility. The underground service will be used to service the Ball Park facilities that are currently being fed from poles.
The required public hearing on the adoption of an ordinance authorizing the execution of a Deed of Easement to the successful bidder was advertised for the December 10, 2019 City Council Regular Meeting. Moved by Vice Mayor Tina L. Vick, seconded by Councilwoman Dr. Patricia P. Woodbury, Closure of the public hearing. Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
Moved by Vice Mayor Tina L. Vick, seconded by Councilman Marcellus L. Harris III, Adoption of the ordinance. Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
2. Ordinance Granting a Utility Easement Across City-Owned Property Located at 1510 Gatewood Road
A request was received to grant a utility easement across City-owned property located at 1510 Gatewood Road, as shown on the attached aerial and Plat Number 17-18-3235.
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Draft City Council received and opened bids for this easement at its November 26, 2019 meeting. Virginia Electric Power Company (d/b/a Dominion Energy Virginia) was the successful bidder in that process, with the bid of $1.
The proposed utility easement will enable Dominion Energy Virginia to work its Strategic Underground project. The scope of the project calls for placing Dominion's electrical lines underground in order to improve reliability of service to the area.
The required public hearing on the adoption of an ordinance authorizing the execution of a Deed of Easement to the successful bidder was advertised for the December 10, 2019 City Council Regular Meeting. Moved by Councilwoman Dr. Patricia P. Woodbury, seconded by Vice Mayor Tina L. Vick, Closure of the public hearing. Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
Moved by Councilwoman Dr. Patricia P. Woodbury, seconded by Vice Mayor Tina L. Vick, Adoption of the ordinance. Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
3. Ordinance Authorizing and Directing the City Manager to Execute, Any and All Documents, Including Deeds, Necessary to Effectuate the Conveyance of City-Owned Property Located at 646 Hampton Avenue to the Newport News Redevelopment and Housing Authority (NNRHA)
Consistent with the ongoing efforts of the City of Newport News (City) to encourage single-family residential development within the Southeast Community, it is recommended that the City convey a city-owned, vacant lot, located at 646 Hampton Avenue, to the Newport News Redevelopment and Housing Authority (NNRHA).
Once conveyed, NNRHA has agreed to transfer the property to Habitat for Humanity Peninsula and Greater Williamsburg. Habitat for Humanity intends to build a Habitat home on the site, beginning spring 2020.
This site will be one of six (6) Habitat homes built in close proximity to each other and within the boundaries of the Choice Neighborhood Initiative (CNI) neighborhood. The homes represent one component of Habitat for Humanity’s larger support for the CNI Implementation Plan, specifically the Neighborhood Plan. Moved by Councilwoman Dr. Patricia P. Woodbury, seconded by Vice Mayor Tina L. Vick, Closure of the public hearing.
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Draft Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, Councilwoman Sharon P. Scott, MPA, and Councilwoman Dr. Patricia P. Woodbury
Moved by Vice Mayor Tina L. Vick, seconded by Councilman Marcellus L. Harris III, Adoption of the ordinance. Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
F. Consent Agenda
1. Minutes of the Work Session of November 26, 2019
2. Minutes of the Regular Meeting of November 26, 2019
3. Board of Review of Real Estate Assessments 2019 Term of Service Compensation
City Council is requested to adopt an ordinance authorizing ten (10) days of compensation, to the members of the Board of Review of Real Estate Assessments (Board), for the completion of work for the September through November 2019 term of service.
Section 2-614 of the City Code required City Council to set the number of days sufficient for the Board to complete its work. Moved by Councilwoman Dr. Patricia P. Woodbury, seconded by Councilman Marcellus L. Harris III, to approve the Consent Agenda items.
(No registered speakers) Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
G. Other City Council Actions
1. Receipt of Bids for a Non-Exclusive Franchise Agreement, to Locate, Co-locate, Construct, Operate, and Maintain Small Cell Facilities in Rights-of-way Owned by the City of Newport News, Virginia
The Franchise Agreement established the agreed terms between the City of Newport News (City) and any successful bidder to provide services using Small Cell Facilities occupying the Public Rights-of-Way within the City. The required Public Notice was Page 4 of 19
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Draft properly advertised. The Bid was turned over to the City Manager for review and evaluation (a copy of the bid is attached and made a part of these minutes).
City Attorney Owens advised, under Virginia law, the City no longer charged for franchises. Verizon Wireless would pay a right-of-way fee to the State.
Mr. Tyler Rosa, Attorney with Williams Mullen, 222 Central Park Avenue, Virginia Beach, was available to answer questions.
2. Ordinance to Amend and Reordain City Code Chapter 22, Library System; Article I., In General; to Add Section 22-8, The Newport News Public Library System Foundation
The Newport News Public Library System Foundation was founded in 2007 and is a 501(c)(3) non-profit organization, whose mission is to raise money and public awareness in the community to support the services and programs of the Newport News Public Library.
It is recommended, by the Director of Libraries and Information Services, to add a new section to the City Code that would formerly authorize the City Manager to accept, on behalf of the City of Newport News, Virginia (City), and for use by and in support of the Newport News Public Library, any and all funds donated by the Newport News Public Library System Foundation.
Section 22-8 is closely modeled after Section 32-5 of the City Code, which includes similar language regarding the Newport News Police Foundation. Section 2-553.2 of the City Code currently addresses money raised by the Friends of the Library through book sales and authorized the City Manager to accept those donations on behalf of City for use by the Newport News Public Library.
(No registered speakers)
3. Resolution Authorizing and Directing the City Manager to Execute the Independence Boulevard and Best Management Practices (BMP) Agreement with Huntington Pointe, LLC
City Council was requested to approve a resolution authorizing and directing the City Manager to execute the Independence Boulevard and Best Management Practices (BMP) Agreement with Huntington Pointe, LLC. The Agreement defines the requirements for completion dates, permitted number of lanes for Independence Boulevard, and payment dates for the BMP, which is a stormwater facility.
The BMP would provide water quality and quantity control for the existing surrounding neighborhoods, as well as the proposed Independence Boulevard and full development of Huntington Pointe. The BMP had been advertised and awarded to Branscome Construction, Inc. and was scheduled to begin in the Spring of 2020. Payment of the approximate $3.1 million remaining of the developer share was to be made by $2,000 per lot payments due as each unit building permit was issued, or Page 5 of 19
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Draft within 10 years of completion of the BMP construction if not previously paid by the individual fees.
Independence Boulevard was permitted by the United States Army Corps of Engineers (Corps) as 4 lanes, except for approaching and within wetlands. The several original development memorandums and proffers specified the completion date for the roadway in more than one way. The Agreement defines the completion date as 10 years from execution of the Agreement and defines completion to reflect the number of lanes permitted (either 2 or 4).
The Corps declined to permit four (4) lanes in the wetlands because they wanted the City to demonstrate short term traffic counts justifying the four lanes rather than relying on longer term projections. The Agreement allowed construction of four lanes except where the Corps had only permitted two lanes. The agreement also required the developer to add the 3rd and 4th lanes, if the City obtained the needed permits within five (5) years of approval of the last site plan or recordation of the last plat for Huntington Pointe. This allowed the City a longer period to demonstrate the required traffic counts and required the developer to complete all four lanes.
The Agreement was to the developer's advantage because it defined terms and conditions that would clarify issues of concern to lenders. The Agreement was to the City's advantage because it locked in enforceable payment and delivery schedules, and provided a greater window for demonstrating the traffic counts and requiring the developer to complete all four lanes.
The BMP project had a total project cost of $6,027,100, of which Huntington Pointe, LLC would prove seventy percent (70%), or roughly $3,080,000 on the schedule defined in the Agreement. The exact developer contribution would be based on actual final costs of the BMP. Funding for the BMP had previously been appropriated. The roadway was entirely the developer’s responsibility. The City Manager recommended approval.
H. Appropriations 1. Department of Waterworks – Phase I Advanced Metering Infrastructure (AMI) Project – $5,000,000
This resolution appropriated $5,000,000 from the Newport News Waterworks Department Bond funds.
The Newport News Waterworks Department would begin to transition from a manual water meter reading process to an Advanced Metering Infrastructure (AMI) system in 2020. The current Waterworks system of approximately 126,000 meters were read almost exclusively manually, which was labor intensive. AMI would be electronically read, sending meter readings to specific locations (e.g., Waterworks Customer Service Center). This electronic reading allowed for greater capabilities, including options such as water connection turn on/turn off, leak detections, and consumption statistics. The project would increase meter reading efficiency and accuracy (leading to better revenue collection), reduce staff labor time, and increase employee safety. Page 6 of 19
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Draft
Waterworks selected approximately 1,000 meters in Poquoson, Hampton, and York County (Lightfoot area) to be replaced with new AMI meters to test how well the meters handle harsh environments and frequent remote disconnect valve use.
There would be no direct charge to customers for this upgrade; customers would not notice any changes to their water service once the installation is complete. The benefits to customers included receiving more timely and more granular data available to better understand, monitor, and manage their water usage.
The total project cost was estimated at $56,500,000. Waterworks would provide a request for a future bond authorization in the next year to cover the cost to replace the remaining 118,500 residential meters, as well as other capital projects.
The funding was available in Waterworks Bond Fund cash. This project was part of the Adopted FY 2020 Capital Improvements Plan (CIP). Appropriation of these funds for the pilot program would reduce the Waterworks existing bond cash by $5,00,000 from $17,822,752 to $12,822,752. The City Manager recommended approval.
(No registered speakers)
2. Newport News Public Schools – FY 2018 Capital Projects: Lee Hall Elementary School Roof Replacement – $445,941
On April 24, 2018, City Council passed Resolution #13129-18 appropriating $8,020,000 in bond funds to fund the construction of various School Division capital projects, which included $6,050,000 for the replacement of the Heritage High School HVAC system. The HVAC replacement at Heritage High School is substantially complete and has unspent funds of $445,941.
On January 22, 2019, City Council appropriated $6,395,578 (Resolution #13203-19) to fund the FY 2019 Adopted Capital Improvements Plan (CIP) School projects, with $912,215 being allocated for the roof replacement at Lee Hall Elementary School. Subsequently, on February 26, 2019, City Council reallocated $327,228 from previously appropriated bond funds as additional funding (Resolution #13211-19) for the roof replacement at Lee Hall Elementary School. Currently, total appropriations for the Lee Hall Elementary School roof replacement is $1,239,443. However, bids for the project have come back higher than the combined appropriations.
It was requested for City Council to reallocate $445,941 from the unspent balance appropriated of the Heritage High School HVAC replacement project to go towards the Lee Hall Elementary School roof replacement project. The reallocation of funds will bring the total appropriation to $1,739,384 for this roof replacement.
3. Newport News Sheriff's Office – FY 2020 Bond Authorization, Public Buildings Category: Jail Kitchen Renovation – $910,000
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Draft This resolution appropriated $910,000.00 from the FY 2020 Bond Authorization in the Public Building Category for the Jail Kitchen Renovation Project.
The Jail Kitchen Renovation was included in the City Council Adopted FY 2020 Capital Improvements Plan (CIP). Built in the mid-seventies, the current kitchen does not meet current jail industry standards.
The renovation project would address a number of issues in regards to modernization and infrastructure improvements, including expanding the kitchen to meet the demands of food storage, preparation, and the serving area. Infrastructure improvements included the repair and replacement of the kitchen's electrical, mechanical, and plumbing systems, along with new flooring and upgraded lighting.
Furthermore, the renovation would remove blind spots and improve sight lines to improve the overall safety and security for inmates and staff members. Funding for the project was included in the FY 2020 Bond Authorization in the Public Buildings Category. The City Manager recommended approval.
(No registered speakers)
Moved by Councilwoman Dr. Patricia P. Woodbury, seconded by Councilman David H. Jenkins, to approve the appropriations as presented. Carried by the following votes:
Ayes: Councilwoman Saundra N. Cherry, D. Min., Councilman Marcellus L. Harris III, Councilman David H. Jenkins, Mayor McKinley L. Price, DDS, Vice Mayor Tina L. Vick, and Councilwoman Dr. Patricia P. Woodbury
I. Citizen Comments
Mr. Craig Knopp, 6 Saint Albans Drive, Hampton, asked City Council’s support to have Newport News follow suit with many other localities to become a Second Amendment Sanctuary City. He reminded that Virginia was a Dillon law state which allows its localities the authority to enforce, or not enforce, State law. Two Hampton Roads locations (Norfolk and Portsmouth) had paved the way for Sanctuary Cities by not enforcing marijuana possession. In a letter to the Norfolk City Council, in January 2019, Norfolk’s Commonwealth’s Attorney, Gregory Underwood, advised that Norfolk would no longer prosecute misdemeanor charges of marijuana possession. In a similar letter to Portsmouth City officials, in April 2019, Portsmouth’s Commonwealth’s Attorney, Stephanie Morales, advised that Portsmouth would not prosecute any marijuana possession charges. Under Virginia law, Section 18.250, it was illegal to possess marijuana without a doctor’s approval and was a prosecutable offense. Mr. Knopp asked the Newport News City Council to bring forth a Second Amendment Sanctuary City vote, and to vote “Yes.”
Mayor Price reminded there was change made to the rules, and due to the magnitude of speaker cards, all speakers would be limited to one minute to address City Council.
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Draft Mr. Paul Herring, 7209 Madison Avenue, Newport News, expressed his disappointment with the decision to limit speakers to one minute for such an important topic. As a Unites States citizen, a Virginian, and a homeowner and resident of the City of Newport News. He commented on proposed gun laws, which was a topic weighing heavy on the minds of Virginians, specifically Senate Bill (SB) 16, which was filed and would be voted on as early as January by the Virginia General Assembly. The proposed bills were unconstitutional and would do nothing to affect the decrease on criminal activity and gun violence but would make millions of Virginians felons overnight by the restriction of magazines which contained more than ten rounds of ammunition. He advised that Virginians were rising up to protect their Constitutional rights to bear arms. Many Virginia localities had declared themselves Sanctuary Cities. Mr. Herring requested that the Newport News City Council make Newport News a Sanctuary City. He asked Delegate-Elect Shelly Simonds to vote “no” in Richmond on the proposed Senate Bill 16.
Mr. Jarrod Vass, 858 Catalina Drive, Newport News, advised that he had been a Denbigh resident for 37 years. He commented on (1) Youth programs in the community; and (2) the Second Amendment to the U.S. Constitution. He advised that the City had done nothing for youth programs; i.e. football, wrestling, and baseball, which had all gone private. It seemed as though the City would rather rent its fields. With SB16 being considered, he questioned what he had left to do with four sons. Mr. Vass advised that he owned property in York County. He took his children hunting. If the ban was allowed in Newport News, he questioned what else would he be able to do with his children. Mr. Vass urged City Council to add this topic on the January 14, 2020 City Council Regular Meeting Agenda.
Mr. Dan Groce, 305 Mattox Drive, Newport News, advised that he had been a resident of Newport News for 38 years. He shared, in 2018, there were 43 homicides in the City of Newport News, with 28 unsolved. He pointed out that none of the 43 homicides were committed by law abiding citizens. There were 340 gun laws at the Federal level, 20,000 gun laws at the State level - all of which were ignored by criminals on a daily basis. Citizens run afoul of the laws at times and ended up in jail. Mr. Groce referenced Netflix documentaries where individuals were incarcerated unjustly. He asked Council to imagine having their Fifth and Fourteenth amendment rights stripped away where the only court was the court of opinion (referring to red flag laws), where public opinion caused politicians to bend to public opinion rather than based on statistics. Since the gun ban in 1994, Americans had added 20 million guns to their arsenal, and yet crime continued to decrease in the United States.
Mr. Adrian Whitcomb, 316-54th Street, Newport News, advised that the Hampton Roads Sanitation District (HRSD) had its first Open House on Saturday, December 7, 2019, 10:00 a.m. – 1:00 p.m., at the James River Plant, 111 City Farm Road. He announced that a second Open House was scheduled for Thursday, January 9, 2020, 4:00 p.m. – 7:00 p.m., at the James River Plant, 111 City Farm Road. Mr. Whitcomb advised that the video of the presentation was posted on YouTube. He encouraged citizens to view the video by visiting the website www.SaveRiverviewFarmPark.com.
Mr. Robert Gurley, Jr., 14311 Deloice Crescent, Newport News, advised that he was a long-time resident of Newport News, living in his family home of over 35 years. Within the past two months, while in his garage, he heard several gunshots within 60 feet of his door. He discovered the shots were generated by persons who car-jacked an unarmed gentleman. The gentleman complied with the carjacker’s orders, but was ordered to lie face-down, and was shot in the buttocks and arm. The carjacker stole the gentleman’s car and burned it several blocks away. Mr. Gurley advised that he was not afraid of the individuals but was afraid of the proposed laws coming down from Richmond.
Mr. Noah Cecil, 218 Harpersville Road, Newport News, commented as an aspiring police officer. He shared that police officers were to preserve life, and the most effective tool to preserve life is the same gun that Governor Northam wanted to take away, and yet the Governor was protected by those same weapons. Police Officers and members of the Secret Service carry the same firearm because it Page 9 of 19
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Draft was the most effective weapon to preserve life. He reminded that the sixth commandment in the Bible was, “Thou Shalt Not Kill.” Each command has a do and a don’t. The do means one must preserve life. How? Mr. Cecil indicated the most effective tool necessary to preserve life was a gun. He shared the following quote by Ronald Reagan, “Freedom is never more than a generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, and protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children’s children what it was once like in the United States where men were free.” Mr. Cecil indicated the only reason the Governor was able to attempt the stripping of rights was because he was standing on the foundation of patriots that were exercising the Second Amendment before it was written.
Mr. Lane Dyer, 16 Cedarwood Way, Newport News, shared that he had been a resident of Newport News for approximately two years. He further shared that his house was broken into during his first two weeks in the City. He stood the robber down with a semi-automatic rifle, which would be banned under the new laws. There was no loss of life, and he never had an issue since that day. He defended the country, and the rights of the citizens’ every day that he put on his uniform. He did two deployments overseas, but now felt that his rights were being stripped. He urged City Council to help defend his rights in the City of Newport News. He shared the following quote from 1861 by Robert E. Lee, “The framers of our constitution never exhausted so much labour, wisdom, and forbearance in its formation, and surrounded it with so many guards and securities.” He indicated that City Council had taken away the securities of what defines citizens as Americans.
Ms. Margaret W. Keator, 301 Burnham Place, Newport News, former member of the Newport News City Council, expressed her opposition to the City taking a position on the Second Amendment Sanctuary proposal. She was appreciative of the concerns, and the fear of many with the upcoming changes that would occur with the Virginia General Assembly in 2020, as a result of election held in November 2019. As a former High School Government Teacher, and former member of City Council, Ms. Keator indicated that she valued the federal system created by the U. S. Constitution, of which the Second Amendment was one aspect. The federal system allowed U. S. localities and states to experiment with responses to address our problems and needs. She felt that the Second Amendment Sanctuary movement would stop that experimentation in Virginia and could cause great harm to the general welfare of the people (a copy of Ms. Keator’s remarks are attached in full and made a part of these minutes).
Mr. Craig Knopp, 6 Saint Albans Drive, Hampton, asked City Council’s support to have Newport News follow suit with many other localities to become a Second Amendment Sanctuary City. He reminded that Virginia was a Dillon law state which allows its localities the authority to enforce, or not enforce, State law. Two Hampton Roads locations (Norfolk and Portsmouth) had paved the way for Sanctuary Cities by not enforcing marijuana possession. In a letter to the Norfolk City Council, in January 2019, Norfolk’s Commonwealth’s Attorney, Gregory Underwood, advised that Norfolk would no longer prosecute misdemeanor charges of marijuana possession. In a similar letter to Portsmouth City officials, in April 2019, Portsmouth’s Commonwealth’s Attorney, Stephanie Morales, advised that Portsmouth would not prosecute any marijuana possession charges. Under Virginia law, Section 18.250, it was illegal to possess marijuana without a doctor’s approval and was a prosecutable offense. Mr. Knopp asked the Newport News City Council to bring forth a Second Amendment Sanctuary City vote, and to vote “Yes.”
Mr. Christopher Settembrino, 8 Belle Circle, Newport News, asked City Council to name Newport News a Second Amendment Sanctuary City and to give the City time – time for the Supreme Court to rule on both the New York City Gun Rights case and Norman v. Healy case. The two cases could be ruled in favor of the Second Amendment and if the SB16 is filed in Richmond, millions of individuals and friends, as well as businesses, would have gone through a costly legal process that could have
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Draft been avoided by saying “wait.” The amount of time and money that would have been saved by telling Richmond to wait before moving forward was unimaginable – to include time and money lost to the aforementioned, and, time money and manpower and resources wasted by the State and localities. Mr. Settembrino referenced November 2015 when another firearm position was presented to the Newport News City Council. There were arguments made on both sides due to what each felt was right. The hard right choice was made. He asked that City Council decide on the issue by listening to what the people say, understanding where the people are coming from, and making the hard right decision.
Ms. Iva Schroyer, 1214 Emma Drive, Newport News, recalled a Resolution presented by Mayor Price regarding gun control at the June 11, 2019 Regular Meeting of City Council, and voted on at the June 25, 2019 Regular Meeting of City Council. All members voted yes without knowing the details. There was no community involvement or feedback, which had citizens known, would have been present to convince City Council to vote “No.” Ms. Schroyer asked that City Council find a way to advise the community of similar issues of great magnitude to allow them to voice their opinions (a copy of Ms. Schroyer’s remarks are attached in full and made a part of these minutes).
Mr. Paul Modar, 28 Rutledge Road, Newport News, advised that the State government was restricting the liberties of the citizens. If the proposed gun laws are approved, their liberties would be taken away. He shared, on average, there were 19 deaths by mass shootings per year since 2002. There were 609 deaths in 2018 from cancer, 630,000 from heart disease, and 1.2 million from car crashes. The Constitution has guaranteed citizens certain rights through their forefathers. Mr. Modar shared the following quote by Thomas Jefferson in 1787 – “What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.”
Mr. John Axsom, 41 Garland Drive, Newport News, expressed total support for the City of Newport News being named a Sanctuary City for their Second Amendment Constitutional Rights. The attack against the Country, the Commonwealth, and the Cities’ heritage and fundamental rights was disgraceful and should be met with reason, resistance, and civil disobedience if needed. He reminded members of City Council that they all solemnly swore or affirmed to support the Constitution of the United States and the Constitution of the Commonwealth of Virginia and faithfully and impartially discharge and perform all duties upon which they were elected to uphold. Article VI of the Constitution, called the Supremacy Clause, which says the Constitution was the supreme law of the land and therefore, Mayor Bloomberg’s effort to subvert Virginia’s laws was unconstitutional. He requested that a formal vote be added to the January 14, 2020 Regular Meeting City Council agenda.
Mr. Ronald Pike, 700 W. Willow Point Place, Newport News, extended thanks to members of City Council for their dedication and for allowing him to speak on the Second Amendment Sanctuary City issue and the unconstitutional and tyrannical laws about to be passed in Richmond. He shared that he held a Top Secret Security Clearance for 30 years, was a competitive shooter, and had won national championships in speed shooting with the same weapons for which he would be vilified. What the politicians in Richmond proposed may make all citizens who owned firearms that had a capacity to hold more than ten rounds, an instant Class 5 or Class 6 Felon. The laws were so ridiculous that anyone who taught a person firearms training could be thrown in jail and have a felony on their record. He was informed that Senate Bill (SB) 64 and Senate Bill (SB) 16 would make him a felon, as well as ninety-nine percent (99%) of the 2.4 million legal firearms owners in the State.
Mr. David G. Wilson, 550 Pavillion Place, Newport News, advised that he mentored several children in the City of Newport News. He shared that he was raised on the fact that if one did wrong that people did not protect one when doing wrong. He indicated that a member of the Newport News City Council called children “a bug.” He asked members of City Council what they would do about their colleague, Page 11 of 19
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Draft rather than vilifying him. He indicated that he was not the problem, nor the enemy. A person that called children “bugs” did not deserve to hold a seat on the City Council. He reminded that Us4Us attempted to teach the children different ways of life rather than killing one another and decrease the murder rate. The children already feel that they don’t have a purpose. He inquired how other members of City Council felt about the children of Newport News.
Mr. Joshua Faucette, of Diamond and Sons Custom Painting, 98 Groome Road, Newport News, urged City Council to name Newport News a Second Amendment Sanctuary City. He advised that people in poor neighborhoods would be targeted.
Mr. Doug Peterson, 5 Quail Place, Newport News, advised that he had been a resident of Newport News for 45 years. Senate Bill (SB) 16, which included a re-write about one of the gun statutes about assault firearms, could make felons of approximately one-half of the Police Force. There were no exceptions for anyone to have one. Mr. Peterson advised that best way to prevent this was to stop the Bill. It was his hope that the Bill would disappear. He advised that people were the problem – that wanted to commit crimes, not the law-abiding citizens that owned the firearms.
Ms. Yugonda Sample-Jones, 2115 Madison Avenue, Newport News, thanked members of City Council for their service and leadership. Reflecting over the past year, Ms. Sample-Jones indicated that she had learned valuable lessons as far as looking for the positive in every situation. She was grateful for the hard work and resiliency that went into the Choice Neighborhood Initiative (CNI), as well as the forward-thinking and the collaboration in producing the Brooks Crossing Innovation Lab. She ponders over situations, wondering why a liquor store remained open until 10:00 p.m. and the Innovation Lab closed a 5:00 p.m., which was what the children needed. Children needed adults to look outside of the box. Ms. Sample-Jones extended thanks to Newport News Police Chief Steve Drew for showing what “community policing” was. She shared that it was different for her family as her 15-year old nephew was killed due to gun violence. She was thankful for Council’s hard work and tenacity and looked forward to the opportunity to work together and collaborate.
Ms. Heather Kline, 106 Yeardley Drive, Newport News, understood there was a great deal of debate about specific gun regulations, but did not agree it was the correct choice to throw all gun regulations out of the window by making Newport News a Sanctuary City. She expressed her opposition to naming Newport News a Second Amendment Sanctuary City. She advised that firearms were the first leading cause of death for children and teens in the United States according to the EverytownResource.org website, which collated information from several reputable sources. She advised that sixty-seven percent (67%) of “gun” deaths were suicides. Many believed that suicide was inevitable, but there was evidence that proved otherwise.
Mr. Keith Hancock, 727 Tanbark Drive, Newport News, advised that he had been a Newport News resident since his retirement from the Navy in 2000. He asked how many present read the rules that were in place for being able to make a statement, and framed their comments around the three minute rule. Mr. Hancock advised City Council, by changing the rules, they had silenced the voices of the citizens that desired to speak. He further requested that City Council place the issue on the agenda for the January 14, 2020 Regular Meeting of City Council for discussion and to allow the full- time allowed. He asked City Council to advise the citizens if it was too inconvenient for City Council to listen to everyone.
Ms. Pam Hall, Newport News, advised that nothing was new and the future was set by those who came before. She shared the following quotes from Dr. Martin Luther King, Jr. (1) “The time is always right to do what is right;” (2) “The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy;” (3) “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, Page 12 of 19
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Draft tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” Ms. Hall urged City Council to consider full funding of $50 million to rebuild Huntington Middle School as requested by the Newport News School Board, as soon as possible.
Ms. Jannie Bazemore, 1004 Hampton Avenue, Newport News, wished everyone Happy Holidays. She asked, as members of City Council reflected on the holidays and gift giving, to consider gift giving Huntington Middle School funds immediately, so the process of rebuilding the school could begin, and the children could be returned to their neighborhood school without crossing Mercury Boulevard on foot when they missed a school bus. Ms. Bazemore concluded her remarks with her signature phrase, “Huntington Shall Rise Again.”
Mr. Ernest Thompson, 645-19th Street, Newport News, advised that the greatest asset to a community was education. He indicated there was nothing more important. Education was the key to success. Looking at City Council, he reminded it was because of education that they sat in front of the citizens present. He further indicated that it was important that Huntington Middle School receive its funding in an effort to become a community attraction and furthermore become the resource that created the alumni. He urged City Council to do whatever it took to fund Huntington Middle School so that the Southeast Community could become the beacon of hope for the citizens that dwelled there.
Colonel Aaron Dotson, 336 Weyanoke Court, Hampton, expressed his support to fund Huntington Middle School. He advised that he was born and reared in Newport News, was a graduate of Huntington High School, and reminded that numerous great leaders have come out of Huntington High School and gave character and dignity and leadership. Colonel Dotson urged that City Council provide funding for Huntington Middle School so that it could continue the legacy of the past.
Mr. Marcellus Harris, Sr., Hampton, advised that he was a native son of Newport News, and had a son sitting on the Newport News City Council. He advised that he was a Huntington High School Viking, bled Viking blood, had Viking children, and was a Viking at heart. Mr. Harris asked whether there was anything he could do to convince, inspire, or help City Council make a decision to help Huntington Middle School, which would be of help to him. He shared that he was a retired Pastor, and had no idea he was walking into a Council Chambers filled to capacity, but felt he picked the right night.
Mr. Lyle McElrath, 143 Parma Court, Newport News, urged City Council to add the Second Amendment Sanctuary City to the agenda for the January 14, 2020 Regular Meeting of City Council for discussion. He shared that he was a collector of firearms, and some of the proposed laws would make him a felon. There was fine-print in many of the proposed bills. One of the bills had fine-print for a bayonet lug, which made any firearm used in any war illegal to own, whether one shot or ten.Mr. McElrath further asked that City Council fund Huntington Middle School. He felt one of the problems was the disenfranchisement of the youth.
Mr. Jeff Brannick, 222 Pastuse Lane, Yorktown, commented on the Second Amendment Sanctuary City issue. He urged City Council to add the Second Amendment Sanctuary City to the agenda for the January 14, 2020 Regular Meeting of City Council for discussion. He shared, throughout history, oppressive leadership had attempted to take guns away from its citizens. Prior to the start of the Revolutionary War, the British attempted to take guns away from the colonists. When Adolph Hitler came into power, he took guns away from the citizens. When Stalin came into power, he took guns away from the citizens. When Mao Tse Tung came into power, he also took guns away from the citizens. Mr. Brannick advised that making a gun that carried ten shots or more a felon, would make honest, law-abiding, tax-paying, legal American citizens felons, was nothing more than communism. He urged City Council to make sure these proposed laws were not put through. He urged everyone present in the City Council Chambers needed to take their energy and turn it into votes in November.
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Draft
Mr. Aaron Parsons, 116 Latham Drive, Newport News, advised that he was a United States Army Veteran. He shared that he had friends and family that had served in the United States Armed Forces and had fought and died for the right for citizens to carry firearms. He expressed concern that the majority of the people in the Chambers, who cared about the matter, all wanted to preserve the right to carry firearms, for food, for hunting, and for protection. Mr. Parsons urged City Council to make Newport News a Second Amendment Sanctuary City to protect the rights that his friends and family fought and died for.
J. Old Business, New Business and Councilmember Comments 1. City Manager
No comments
2. City Attorney
No comments
3. City Clerk
No comments
4. Cherry
Councilwoman Cherry wished everyone Happy Holidays! She thanked the citizens for their attendance and participation, and for sharing their thoughts, concerns, and ideas. She thanked those that shared their ideas and rationale about the Second Amendment Sanctuary City issue. She advised that City Council had no discussions about the topic. It was new to her and she did not know much about it. She indicated that she was interested in learning more about Senate Bill 16 and Senate Bill 64 as she was not aware of what the Bills entailed. She advised that she was not ready to take a position one way or another because she did not have enough information. She indicated that she was open to hear and to listen, but wanted to be informed prior to making a decision.
Councilwoman Cherry extended thanks to Mr. Chris Smith, Principal, and the staff at Point Option (an Alternative School located at 813 Diligence Drive) for the invitation to the Annual Thanksgiving Luncheon, held on Tuesday, November 26, 2019, 11:00 a.m. – 12:30 p.m., at Point Option. She had an enjoyable time with the staff and the students. She looked forward to visiting again.
Councilwoman Cherry extended congratulations to the Newport News Police Department for the Promotions for Sworn and Non-Sworn Personnel held on Friday, December 6, 2019, 10:00 a.m., at Temple Baptist Church, 235 Harpersville Road. She indicated that she was proud of them all and extended thanks for their hard work to help keep the community safe.
Councilwoman Cherry encouraged citizens to attend the Production of Frozen Jr., on Saturday, December 14, 2019, at the Downing-Gross Cultural Arts Center (2410 Wickham Avenue). Frozen Jr., a production directed ty Iris Goode, was based on the 2018 Broadway musical. The production was an excellent demonstration of the gifts and talents of the youth and children. She encouraged citizens to look into what went on at the Downing-Gross Cultural Art Center because there was a great deal going on that was free to the public in Page 14 of 19
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Draft which the children could participate, particularly in the fields of acting, drama, art and music.
Councilwoman Cherry advised that the 3-on-3 Chief’s Challenge Youth Basketball League began on Saturday, December 7, 2019, 10:00 a.m. Games were held at the Greater Hampton Roads Boys and Girls Club, 629 Hampton Avenue, on Saturdays from 10:00 a.m. – 12 noon. Councilwoman Cherry thanked all of the parents who came out on December 7th. She extended thanks to Hal Smith, Angel Nelson, and the NNPS for the opportunity to engage the children. Additionally, two Girls’ basketball teams were added.
Councilwoman Cherry extended thanks to the Newport News Department of Parks, Recreation and Tourism for the Lights at the Fountain Tree Lighting Ceremony, held on Saturday, December 7, 2019, 5:00 p.m. – 9:00 p.m., at 701 Town Center Drive. She thanked Mayor Price for having his grandson, Asa, who participated in the countdown. Lights at the Fountain included nightly light shows at City Center, with a 10-minute animated light show that celebrated holiday traditions around the world with a 52’ intelligent, color/pattern changing tree, synced with other lighted trees, a custom holiday soundtrack, and snow machines around the Fountain.
Councilwoman Cherry shared that she and colleagues attended Ribbon Cutting/ Opening Ceremony of the Absolute Right Choice, in the AR Cooper Education Center, 3214 Jefferson Avenue, on Tuesday, December 10, 2019, 10:00 a.m. – 2:00 p.m., with Pastor Anthony Cooper. The high-tech center would enhance job training in the City. She indicated it was a great opportunity for citizens in the Southeast Community to receive job skill training. The Center also offered CPR training and First Aid Classes. Other courses offered included Conflict Resolution, and Mediation. The Center was an old ABC Store which had been re-purposed.
Councilwoman Cherry announced that the South District “Your Voice Matters” Town Hall Meeting, was scheduled for Thursday, December 12, 2019, 6:00 – 7:30 p.m., at the Brittingham-Midtown Community Center (570 McLawhorne Drive). She added another “Your Voice Matters” Town Hall Meeting, was scheduled for Thursday, December 19, 2019, 6:00 – 7:30 p.m., at the Downing-Gross Cultural Arts Center (2410 Wickham Avenue). All citizens were welcome to attend.
Councilwoman Cherry announced that the NNPD, South Precinct would host “Christmas Crafts and Cheers,” on Saturday, December 14, 2019, 12 noon - 2:00 p.m., at 3303 Jefferson Avenue. Hot dogs and hamburgers would be available. The event was free and open to the public.
Councilwoman Cherry announced that the Downtown Newport News and Merchants and Neighbors Association would host the Annual “Christmas for the Children” event, scheduled for Saturday, December 21, 2019, 1:00 p.m. – 3:00 p.m., on the historic grounds of the James A. Fields House, 617-27th Street. Sponsors were sought and donations of gift cards, toys, winter clothing, used and refurbished bicycles, would be accepted in an effort to make Christmas special for the children in the community, 0 – 17 years of age. The event was free and open to the public. Parents must accompany the children. Typically 650-700 children were served to ensure they had a toy for Christmas.
Councilwoman Cherry advised that great things were happening in the City of Newport News!
Councilwoman Cherry advised that she was not perfect and tried to do the right thing. She did hear the citizens’ voices, and it did matter.
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Councilwoman Cherry made the following announcements for the One City Celebrations 2019 Holiday Food Drive, in Councilwoman Scott’s absence: Citizens were asked to clean out their cabinets and bring non-perishable food items to the Denbigh Community Center from December 11 - December 23, 2019. She extended thanks to all businesses, WorkLink, Virginia Employment Commission, Newport News Department of Parks, Recreation and Tourism, and the City of Newport News for their partnership and support. Councilwoman Scott extended a special shout-out to the One City Celebrations Food Drive Committee for moving the event forward in her absence. She conveyed to all citizens a Merry Christmas, and a Happy and Safe New Year.
5. Harris
Councilman Harris thanked the citizens for their attendance and participation, and for sharing their thoughts, concerns, and ideas.
Councilman Harris wished everyone Happy Holidays!
Councilman Harris announced that the Southern Christian Leadership Conference (SCLC) would host a Feeding 1000 Holiday Feast and Community Celebration on Saturday, December 14, 2019, 12 noon – 4:00 p.m., at Ivy Tower, 700 Waterfront Circle. The event was free and open to the public. All were welcome to attend.
Councilman Harris shared that he attended a Superintendent’s Community Forum with School Board Member Marvin Harris and Newport News Public Schools Superintendent, Dr. George Parker, on Wednesday, December 4, 2019, at the Denbigh Community Center (15198 Warwick Boulevard). The Forum was very informative, with Dr. Parker sharing some of the initiatives and programs occurring in the City of Newport News.
Councilman Harris extended thanks to Mr. Michael Poplawski, Director, Department of Parks, Recreation and Tourism and staff, for the Lights at the Fountain Tree Lighting Ceremony, held on Saturday, December 7, 2019, 5:00 p.m. – 9:00 p.m., at 701 Town Center Drive. He encouraged citizens to take their families to view the nightly light shows at City Center, with a 10-minute animated light show that celebrated holiday traditions around the world with a 52’ intelligent, color/pattern changing tree, synced with other lighted trees, a custom holiday soundtrack, and snow machines around the fountain.
Councilman Harris addressed the citizens who attended and spoke passionately about their rights as gun owners. He advised that he supported responsible gun ownership, but, as a High School Counselor, he had attended 11 funerals due to senseless deaths of young people killed by guns. His view was that none of those young people were of the age to purchase a gun legally. He was of the belief that responsible gun legislation was warranted. He shared personal stories - his nephew was shot and killed by a gun; his father’s grandson was also shot and killed by a gun; Ms. Yugonda Sample-Jones, Southeast Community citizen, who had a family member shot and killed by a gun; and the 11 young people of whom he worked with from Elementary School through High School, shot and killed by guns. He asked that compassion be shown to the families of those youth killed by guns. Councilman Harris advised that he would continue to stand with the young people that he worked with, and for the families that he had an opportunity to speak with about how more could be done to ensure that more deaths by guns did not reoccur.
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Draft Councilman Harris announced that the One City Celebrations, hosted by Councilwoman Sharon Scott, would be held on Wednesday, December 18, 2019, 10:00 a.m. - 1:00 p.m., at the Denbigh Community Center (15198 Warwick Boulevard).
Councilman Harris announced a Job Fair, in connection with the One City Celebrations 2019 Holiday Food Drive, hosted by Councilwoman Sharon Scott, would be held on Wednesday, December 18, 2019, 10:00 a.m. - 1:00 p.m., at the Denbigh Community Center (15198 Warwick Boulevard). He further announced a Resume Workshop scheduled for Wednesday, December 11, 2019, 5:00 p.m. - 7:00 p.m., at the Denbigh Community Center, to prepare individuals for the Job Fair on December 18th.
6. Jenkins
Councilman Jenkins thanked the citizens for their attendance and participation, and for sharing their thoughts, concerns, and ideas. He expressed appreciation to the citizens for their understanding about shortening the speaking time from three minutes to one minute. He had not heard such short comments, and he wished there was more time. He encouraged the citizens to e-mail further comments at [email protected], particularly if there was something they wanted to communicate, but did not have the opportunity. He wanted to listen. Councilman Jenkins shared that City Council celebrated the 400th Anniversary of representative democracy in America. When the first House of Burgesses sat in 1619, he was sure there were disagreements and debates; but people worked together to resolve issues. He indicated Newport News had a great system of government, and one that his ancestors fought for to preserve rights and to do so responsibly. He urged the citizens to trust that system of government. He also urged the citizens to contact their Delegates and Senators to express displeasure with the Bills being introduced. In any legislative session, whether the General Assembly or in in Washington, D.C., anyone could introduce almost anything, but it did not mean it would become law. Councilman Jenkins advised that now was the time to act, to let their voices be heard, and to let their concerns be addressed so that legislators could have the chance to modify or eliminate those bills to which citizens disagreed. He did not believe, since those bills had not been passed, or finalized, that City Council should consider making Newport News a Second Amendment Sanctuary City. Councilman Jenkins shared that his family had been in America from the beginning – his Mother’s family coming to Virginia in 1616, and he had family that fought in every battle in which the Country endured; but his Father’s family were more recent immigrants with his Great Grandmother being born in Scotland in 1864, coming to America in the 1870’s. His family tradition was to distribute shortbread during the Holidays. He distributed shortbread to the attendees to wish them a Merry Christmas. Anyone who did not receive shortbread, was to see Councilman Jenkins following the meeting.
7. Price
Mayor Price extended condolences to the Pugh family, particularly to Ms. Paula Pugh, a classmate, and Valedictorian, on the death of her Mother, Olive Ruth Pugh.
Mayor Price thanked the citizens for their attendance and participation, and for sharing their thoughts, concerns, and ideas. He explained his reason for seeking a motion to shorten the time for speakers to one minute; – he indicated that the Attorney General had not made a decision as to whether or not Sanctuary Cities were legal; he did not want to spend a great deal of time on something that may or may not be legal; and he advised that no Bills had been presented. The General Assembly was not in session. Citizens would have ample time to add Page 17 of 19
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Draft their input to a Bill. Mayor Price indicated that no urban city had voted to make their locality a Second Amendment Sanctuary City. He further indicated that Newport News was a leader, not a follower.
Mayor Price announced that the December 10, 2019 Regular Meeting of City Council was the final meeting for 2019. The next scheduled Regular Meeting of the Newport News City Council would be Tuesday, January 14, 2020.
Mayor Price extended congratulations to the Newport News Shipyard on the Christening of the second John F. Kennedy (JFK) Aircraft Carrier (CVN 79), held Saturday, December 7, 2019. Sponsor, Caroline Kennedy christened the hull, revisiting the role she played as a 9-year old in 1967, when she launched the first aircraft carrier in her father’s name.
Mayor Price advised that many events were happening throughout the city during the holiday season, to include: (1) Celebration in Lights, in Newport News Park, November 28, 2019 - January 1, 2020; (2) ARTech lights at Brooks Crossing, December 13, 2019, 3:30 p.m. - 8:00 p.m.; (3) Holiday Frost, December 13, 2019, 4:00 p.m. - 8:00 p.m., at the Downing-Gross Cultural Arts Center (2410 Wickham Avenue); and (4) Fountainside Festivals, Saturday, December 14, 2019, 5:00 p.m. – 8:00 p.m. at City Center (701 Town Center Drive), with 10 - minute light show every 30 minutes.
Mayor Price wished everyone a very Happy Holiday Season.
8. Scott
Not Present. A MOTION WAS MADE BY COUNCILWOMAN CHERRY; SECONDED BY COUNCILWOMAN WOODBURY; AND CARRIED UNANIMOUSLY TO EXCUSE COUNCILWOMAN SCOTT FROM THIS MEETING.
9. Vick
Vice Mayor Vick thanked the citizens for their attendance and participation. She was appreciative of everyone sharing their concerns as she advised that she was not aware of the proposed forthcoming legislation. She further advised that she would be willing to meet on the matter and suggested including the issue on a Council Agenda to allow speakers their full three minutes to share their concerns.
Vice Mayor Vick extended condolences to the family of Ms. Lillie Knight, the first African- American woman to serve as a sheriff’s deputy in Newport News, who died November 18, 2019, at the age of 84. Ms. Knight was a trailblazer who worked tirelessly in the community. She was also a business owner and a loving wife and mother.
Vice Mayor Vick announced there would be a holiday celebration in the Southeast Community, beginning Friday, December 13, 2019, ARTech Lights, 3:30 p.m. - 8:00 p.m., at Brooks Crossing (550-30th Street) to include an ice-skating rink, music, prizes, and fun for all.
Vice Mayor Vick extended thanks to Mr. Michael Poplawski, Director, Department of Parks, Recreation and Tourism and staff, for the Lights at the Fountain Tree Lighting Ceremony, held on Saturday, December 7, 2019, 5:00 p.m. - 9:00 p.m., at 701 Town Center Drive.
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Page 126 of 181 Agenda Item #F.4. Consent Agenda
Draft Vice Mayor Vick wished everyone Happy Holidays.
10. Woodbury
Councilwoman Woodbury thanked the citizens for their attendance and participation, and sharing their concerns, and sharing their personal beliefs. She advised that she was always in support of the United States Constitution. She indicated that she was truly appreciative of the civics lessons shared by Mr. John Axcom, as Civics was no longer taught in school, as well as Mr. Jeff Brannick’s comments about the countries that became communist because their guns were taken away. She indicated that the bad guys would always have guns. She further indicated that she was more interested in people receiving proper mental health counseling, school counselors, and those who talked about conflict resolution as opposed to pulling out a gun.
Councilwoman Woodbury wished everyone a Joyous Holiday, much abundance, and good health in the New Year.
K. Adjourn
Mayor Price adjourned the meeting by addressing the citizens. He stated, “May what you say and do uplift the City of Newport News.”
THERE BEING NO FURTHER BUSINESS, ON MOTION, COUNCIL ADJOURNED AT 8:21 P.M.
Mabel Washington Jenkins, MMC City Clerk McKinley L. Price, DDS Mayor a true copy, teste: Presiding Officer
City Clerk
Shown Live On Newport News Television Cox Channel 48,Verizon Channel 19 www.nnva.gov
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Page 127 of 181 Agenda Item #F.5. Consent Agenda
Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Consent Agenda ITEM: Resolution to Name a Bridge Which Spans Lake Maury the "Joe S. Frank Bridge" DEPARTMENT: City Manager
STRATEGIC PRIORITIES ALIGNMENT:
☐ ☐ ☐ ☐ ☒ ☐ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
ACTION: A Request for City Council to Approve a Resolution to Name a Bridge Which is Located in Newport News, Virginia and Which Forms the Part of Warwick Boulevard Which Spans Lake Maury the "Joe S. Frank Bridge".
BACKGROUND INFORMATION: The bridge which forms a part of Warwick Boulevard (Virginia Route 60) where it crosses Lake Maury in the City of Newport News, Virginia, hereinafter referred to as the Lake Maury Bridge, was constructed and is owned by the City of Newport News.
The Lake Maury Bridge has not heretofore been named, and the Council for the City of Newport News, Virginia, is desirous of naming the Lake Maury Bridge after Joe S. Frank, who was the City of Newport News’ first directly elected Mayor, serving as Mayor from 1996 through 2010 and as a member of City Council from 1988 through 2010.
It is only fitting and right that the Lake Maury Bridge be named in honor of Joe S. Frank.
This Resolution ordains that the Council of the City of Newport News, Virginia, hereby names the Warwick Boulevard Bridge spanning Lake Maury the “Joe S. Frank Bridge” and that the City Manager is authorized and directed to place appropriate signage denoting the bridge’s name on or approaching the “Joe S. Frank Bridge”.
Page 128 of 181 Agenda Item #F.5. Consent Agenda
CITY MANAGER RECOMMENDATION: The City Manager recommends approval.
ATTACHMENTS:
Naming Lake Maury Bridge the Joe S. Frank Bridge Resolution
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Page 129 of 181 Agenda Item #F.5. Consent Agenda
rag2288
RESOLUTION NO. ______
A RESOLUTION TO NAME A BRIDGE WHICH IS LOCATED IN NEWPORT NEWS, VIRGINIA, AND WHICH FORMS THE PART OF WARWICK BOULEVARD WHICH SPANS LAKE MAURY THE “JOE S. FRANK BRIDGE”.
WHEREAS, the bridge which forms a part of Warwick Boulevard (Virginia Route 60) where it crosses Lake Maury in the City of Newport News, Virginia, hereinafter referred to as the Lake Maury Bridge, was constructed and is owned by the City of Newport News; and
WHEREAS, the Lake Maury Bridge has not heretofore been named; and
WHEREAS, the Council for the City of Newport News, Virginia, is desirous of naming the Lake Maury Bridge after Joe S. Frank, who was the City of Newport News’ first directly elected Mayor, serving as Mayor from 1996 through 2010 and as a member of City Council from 1988 through 2010; and
WHEREAS, it is only fitting and right that the Lake Maury Bridge be named in honor of Joe S. Frank.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia:
1. That, the Council of the City of Newport News, Virginia, hereby name the Warwick Boulevard Bridge spanning Lake Maury the “Joe S. Frank Bridge”.
2. That the City Manager is authorized and directed to place appropriate signage denoting the bridge’s name on or approaching the “Joe S. Frank Bridge”.
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Page 130 of 181 Agenda Item #G.1. Other City Council Actions
Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Other City Council Actions ITEM: Receipt of Bids for Amendment to a Parking Easement Across a Portion of City-owned Property 1033 28th Street DEPARTMENT: Development
STRATEGIC PRIORITIES ALIGNMENT:
☐ ☐ ☒ ☐ ☒ ☐ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
ACTION: A Request to City Council to Receive and Open Bids for Granting an Amendment to a Parking Easement Across a Portion of City-owned Property at 1033 28th Street.
BACKGROUND INFORMATION: A request has been received to amend an existing parking easement over an 84-foot by 200- foot portion of a City-owned parcel located at 1033 28th Street, immediately adjacent to that parcel commonly known as 1003 28th Street. City Council is being asked to receive and open bids for the amendment to easement. The easement area is shown on the attached aerial.
The proposed amendment will grant to the successful bidder the right and privilege, for a period of 40 years, to use the easement area for shared parking purposes, with the City's tenant at 1033 28th Street, and to use the easement area for ingress and egress to 1003 28th Street.
All appropriate City departments have reviewed and approved this request, and the required Public Notice was properly advertised. Formal action to authorize the referenced easement amendment be granted to the successful bidder will be placed on City Council's January 28, 2020 Regular Meeting agenda.
CITY MANAGER RECOMMENDATION:
Page 131 of 181 Agenda Item #G.1. Other City Council Actions
The City Manager recommends approval.
ATTACHMENTS:
Parking Easement - 1033 28th Street - Aerial Map
1033 28th Street Parking Easement Ordinance - First Amendment
Page 2 of 8
Page 132 of 181 Agenda Item #G.1. Other City Council Actions
Parking Easement Amendment Area - Across Portion of 1033 28th Street Page 3 of 8
1033 28th Street
Easement Area
1003 28th Street Page 133 of 181 Agenda Item #G.1. Other City Council Actions
Page 4 of 8
Page 134 of 181 Agenda Item #G.1. Other City Council Actions
Tax Parcel I.D. Nos.: 307010152 and 307010101 Consideration: $1.00
Prepared by and: Exemption Claimed Under Section After recording return to: 58.1-811.C.4. For Taxes Imposed Peter L. Henderer, VSB # 40994 by Section 58.1-802 on a Conveyance McCandlish Holton, PC by a Virginia City. P.O. Box 796 Richmond, VA 23218
FIRST AMENDMENT TO PARKING EASEMENT
This First Amendment to Parking Easement (this “Amendment”), made as of this 28th day of January, 2020, by and between the CITY OF NEWPORT NEWS, VIRGINIA, a political subdivision of the Commonwealth of Virginia (“Grantor”), and ______, ______, (“Grantee”) whose principal address is 627 36th Street, Newport News, Virginia 23607, hereby recites and provides:
RECITALS:
A. Grantor is the owner that certain parcel of real property located in the City of Newport News, Virginia, commonly known as 1033 28th St, Newport News, VA 23607 and Tax Map Number 307010101 (“Grantor’s Property”).
B. Grantee is the owner of that certain parcel of real property located in the City of Newport News, Virginia, adjacent to Grantor’s Property and commonly known as 1003 28th St, Newport News, VA 23607 and Tax Map Number 307010152 (“Grantee’s Property”).
C. Grantee’s Property is also commonly known as the old Whittaker Hospital property, which Grantee has been renovating into apartments.
D. Grantee took title to Grantee’s Property by a Special Warranty Deed dated December 21, 2017, and recorded among the land records of the Circuit Court of the City of Newport News (the “Land Records”) as Instrument Number 170018169.
E. Grantee’s title includes an easement for parking on Grantor’s Property, first created of record by Deed from Grantor to Whittaker Memorial Hospital Association, Incorporated dated December 10, 1979, and recorded among the Land Records in Deed Book 1030, page 953 (the “Parking Easement”).
F. The Parking Easement grants Grantee the “rights, privileges and easements of use for parking purposes over that certain parcel of land measuring 84 feet by 200 feet lying immediately adjacent to and east of the herein before described property, said land to be used for parking purposes in connection with the East End Health Center.”
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Page 135 of 181 Agenda Item #G.1. Other City Council Actions
G. Pursuant to Va. Code Section 15.2-2100(B), and Article VII, Section 9 of the Virginia Constitution, Grantor’s authority to convey easements such as the Parking Easement is limited to easements with a 40 year term.
I. In connection with Grantee’s renovation of Grantee’s Property, Grantee has developed a driveway on Grantee’s Property that is accessed from Grantor’s Property.
J. Grantor and Grantee have agreed to amend the Parking Easement (1) to renew the Parking Easement for a new 40 year term, and (2) to permit Grantee to have ingress and egress to Grantee’s Property from Grantor’s Property.
AGREEMENT:
Now, therefore, for and in consideration of the foregoing recitals, the covenants contained herein, the sum of One Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows:
1. Recitals. The foregoing recitals are hereby incorporated by reference.
2. Renewal of Parking Easement. The Parking Easement, as described in the Deed from Grantor to Whittaker Memorial Hospital Association, Incorporated dated December 10, 1979, and recorded among the Land Records in Deed Book 1030, page 953, is hereby renewed by Grantor for an additional term of 40 years from the date of this instrument.
3. Amendment of Parking Easement for Ingress and Egress. As an amendment to the Parking Easement, Grantor hereby grants and conveys, for a term of 40 years from the date of this instrument, an easement to Grantee on, over, upon, in, and through Grantor’s Property included in the Parking Easement area so that Grantee may have the rights of ingress and egress across Grantor’s Property to access Grantee’s Property with vehicular traffic and pedestrians in the area where Grantee’s driveway abuts the western edge of Grantor’s Property.
4. Ratification of Parking Easement. Except as expressly amended hereby, all terms and conditions of the Parking Easement are hereby ratified and affirmed.
[See Attached Pages for Signatures and Seals.]
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Page 136 of 181 Agenda Item #G.1. Other City Council Actions
Witness the following signatures and seals:
IN WITNESS WHEREOF, the City of Newport News has caused this Amendment to be executed by its City Manager, thereunto first duly authorized; and ______, has caused this Amendment to be executed by ______, ______, thereunto first duly authorized.
CITY OF NEWPORT NEWS, VIRGINIA, a political subdivision of the Commonwealth of Virginia
By:______Cynthia D. Rohlf, City Manager
Approved as to Form: Attest:
______Collins L. Owens, Jr., City Attorney Mabel Washington Jenkins, City Clerk
COMMONWEALTH OF VIRGINIA City of Newport News, to-wit:
The foregoing was executed and acknowledged before me, a Notary Public in and for the jurisdiction aforesaid, this ______day of ______, 2020, by Cynthia D. Rohlf, the City Manager and Mabel Washington Jenkins, as City Clerk, respectively, of the CITY OF NEWPORT NEWS, VIRGINIA, a political subdivision of the Commonwealth of Virginia, for and on behalf of the same for the purposes contained therein.
______Notary Public
My Commission Expires: ______Registration No.: ______
3
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Page 137 of 181 Agenda Item #G.1. Other City Council Actions
By: ______
By:______Printed Name: Title:
COMMONWEALTH OF VIRGINIA City of Newport News, to-wit:
The foregoing was executed and acknowledged before me, a Notary Public in and for the jurisdiction aforesaid, this ______day of ______, 2020, by ______, ______, which is the ______, for and on behalf of the same for the purposes contained therein.
______Notary Public
My Commission Expires: ______Registration No.: ______
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Page 138 of 181 Agenda Item #G.2. Other City Council Actions
Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Other City Council Actions ITEM: Receipt of Bids for a Non-Exclusive Franchise Agreement, to Locate, Co-locate, Construct, Operate, and Maintain Small Cell Facilities in Rights-of-way Owned by the City of Newport News, Virginia DEPARTMENT: Engineering
STRATEGIC PRIORITIES ALIGNMENT:
☒ ☐ ☒ ☒ ☒ ☐ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
ACTION: A Request to City Council to Receive and Open Bids for a Non-Exclusive Franchise Agreement, to Locate, Co-locate, Construct, Operate, and Maintain Small Cell Facilities in Rights-of-way Owned by the City of Newport News, Virginia.
BACKGROUND INFORMATION: The Franchise Agreement establishes the agreed terms between the City of Newport News, Virginia (City) and any successful bidder to provide services using small cell facilities occupying the public rights-of-Way within the City.
All appropriate City departments have reviewed and approved this request and the required Public Notice was properly advertised.
CITY MANAGER RECOMMENDATION: I recommend that City Council receive and open bids for the above described project, with follow-up action referred to my office. Formal action, to authorize the referenced easement be granted to the successful bidder, will be placed on the January 28, 2020 City Council Regular Meeting agenda.
ATTACHMENTS:
Page 139 of 181 Agenda Item #G.2. Other City Council Actions
Small Cell Facilities Rights-of-way Franchise Agreement Ordinance
Page 2 of 40
Page 140 of 181 Agenda Item #G.2. Other City Council Actions
rag2168
ORDINANCE NO.
AN ORDINANCE GRANTING A NON—EXCLUSIVE FRANCHISE AGREEMENT TO , TO LOCATE, CO-LOCATE, CONSTRUCT, OPERATE AND MAINTAIN SMALL CELL FACILITIES IN RIGHTS-OF-WAY OWNED BY THE CITY OF NEWPORT NEWS, VIRGINIA, WHICH FRANCHISE IN ADDITION PROVIDES FOR REGULATIONS AND USE OF THE SYSTEM AND AUTHORIZES THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE FRANCHISE AGREEMENT BETWEEN THE CITY OF NEWPORT NEWS AND
WHEREAS, the non—exclusiveFranchise attached herewith as Exhibit A (the “Franchise Agreement”), is to be entered into by and between the City of Newport News (“the City”), a Virginia municipal corporation, and (“ ”); and
WHEREAS, has made application to the City, pursuant to Virginia Code §56- 484.27, for a franchise to locate, co-locate, construct, operate, and maintain small cell facilities as de?ned under Virginia Code §56-484.26; and
WHEREAS, the City is a “locality” as de?ned in Virginia Code §56-484.26 and is authorized to grant one or more nonexclusive cable franchises pursuant to Virginia §56-484.27; and
WHEREAS, the Small Cell Facilities will continue to occupy the Public Rights-of-Way with the City, and desires to use portions of the Small Cell Facilities to provide services in the Franchise Area; and
WHEREAS, the City has determined that the grant of a nonexclusivefranchise to is consistent with the public interest and the requirements of the Virginia Code; and
WHEREAS, the City and have reached agreement on the terms and conditions set forth in the Franchise Agreement, and the parties agree to be bound by those terms and conditions, attached herewith as Exhibit A; and
WHEREAS, the City Council ?nds that it is in the public interest for to locate, co-locate, construct, operate and maintain the Small Cell Facilities within the FranchiseArea under the terms of the Franchise Agreement, said public purpose being speci?cally the enhancement of communication for the City; and
WHEREAS, in order to carry the Franchise into effect, it is necessary to obtain a Wireless Communications Facilities Master License Agreement (“Master License Agreement”) to address co—locationof Small Wireless Facilities on City Owned Poles; a copy of which is attached hereto as Exhibit B.
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Page 141 of 181 Agenda Item #G.2. Other City Council Actions
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Newport News, Virginia:
1. That it hereby approves the Franchise Agreement and the Master License Agreement, and, by so doing, grants a franchise to , to occupy the public rights-of-way, to locate, co—locate,construct, maintain and operate Small Cell Facilities pursuant to the terms and conditions set forth in the Franchise Agreement and Master License Agreement; and authorizes the City Manager to execute and the City Clerk to attest all additional documents necessary to effectuate the Franchise and the Master License Agreement.
2. That this Ordinance shall be in effect on and after the date of its adoption, January 28, 2020.
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Page 142 of 181 Agenda Item #G.2. Other City Council Actions
CITY OF NEWPORT NEWS, VIRGINIA NONEXCLUSIVE FRANCHISE AGREEMENT WITH
This Nonexclusive Franchise Agreement (hereinafter "Agreement") is made and entered into as of this day of 20_ (the "Commencement Date"), by and between the City ofNcwpo1t News, Virginia, 7 a Virginia municipal corporation (hereinafter "City" or "Grantor") and hereinafter (“ ” or "Grantee“).
WHEREAS, Grantee, is a duly organized and existing under the laws of the ; and
WHEREAS, Grantee desires to use and occupy the streets and public rights—of—way(as hereinafter de?ned) located within the City for the purposes of constructing, installing, and maintaining network facilities for Telecommunications Services. as hereinafter de?ned, within and through the City; and
WHEREAS, pursuant to Article VII, Section 9 of the Constitution ofVirginia and Chapter 21 of Title 15.2 ofthe Virginia Code, the City has the authority to grant franchises and other authorizations for the use and occupancy of the streets and public rights-of—way;and
WHEREAS, the City is agreeable to allowing Grantee to use the streets and public rights—of—way, subject to the terms and conditions hereinafter set forth and subject to any lawful telecommunications regulatory ordinance that may be adopted by the City in the future; and
WHEREAS, Virginia Code §56—484.27(A) requires that any franchise agreement allowing a telecommunications carrier to use City right—of—way1nL1stbe 1io1idisc1imi1iato1‘yas compared to other utility franchises, it is understood that should City Council grant a franchise under differing terms to another telecommunicationscarrier, that may reapply to have this franchise altered to match any subsequent franchise granted.
NOW, THEREFORE, in consideration ofthe mutual promises and covenants set forth herein, the City and Grantee agree as follows:
Section 1. Grant of Authority. (a) Subject to the terms ofthis Agreement, the City hereby grants to Grantee a non—cxelusiverevocable license to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove and replace Wireless Facilities, Utility Poles, above- ground equipment cabinets, fiber optic or other cable, antennas, conduits, pipes and related facilities for the provision ofWireless Services in. on, over, under and through the public streets and public rights-of- way in the City of Newport News (for the avoidance ofdoubt, the parties acknowledge and agree that the license granted to Grantee hereunder expressly includes the right subject to the written consent of the property owner, to attach its equipment and Wireless Facilities, as applicable, on existing Utility Poles, existing Third Party Poles, existing Company Poles, existing City Poles, and non—Cityowned street lights or non—Cityowned traffic-control structures within the public streets and rights ofway). Grantee shall be solely responsible for obtaining any required consents from State agencies, the City, or private parties to the extent required by law. It is expressly agreed that this Agreement does not give Grantee the right to
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Page 143 of 181 Agenda Item #G.2. Other City Council Actions
occupy any public rights-of-way with permanent above-ground cabinets, pads and other similar structures except pursuant to the express approval of the City pursuant to the applicable provisions of the City Code or any successor ordinance and that nothing in this Agreement shall be construed as consent by the City for Grantee to provide Cable Service within the City. (b) Grantee acknowledges that this license is for the benefit of Grantee only, and that Grantee is not authorized to lease, Sublease, assign or otherwise allow other providers to use or occupy the public rights—of-wayexcept in accordance with provisions of this Agreement.
(c) Grantee acknowledges that, to the extent allowed by State and Federal law, the City has the authority to adopt ordinances regulating the use of the public rights-of-way, so long as such ordinances apply equally to all certi?cated providers of telecommunications services and are related to using the public streets and public rights—of-wayin the City. Grantee agrees to be bound by all such future lawful ordinances so long as it operates telecommunication services or has property or equipment within the public streets or rights-of-way located in the City.
((1)This Agreement is not a grant by the City of any fee simple or other property interest except as expresslycontemplatedby this Agreement and is made subject and subordinate to the prior and continuing right of the City of Newport News to use the public streets and public rights-of-way occupied by Grantee for the purpose of laying, installing, maintaining, repairing, protecting, replacing, and removing sanitary sewers, water mains, storm drains, gas mains, poles and other equipment for municipal uses and with the right of ingress and egress, along, above, over, across and in said public streets and public rights-of-way.
(e) The Initial Term of this Agreement shall commence from and after such date (the "Commencement Date") that the Agreement has been approved by the City Council.
Section 2. De?nitions. For the purpose of this Agreement, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
"Affiliate" means a person or entity that directly, or indirectly, through one or more intermediaries, owns, controls, is owned or controlled by, or is under common ownership or control with another person or entity.
"Cable Service" shall have the same meaning as in the 47 U.S. Code § 522, and shall be synonymous with the term "cable television service."
"City" means the City of Newpoit News, Virginia, and where appropriate to the context, its of?cers, agents, employees and volunteers.
"City Attorney" means the City Attorney or the City Attomey’s designee.
"City Council" means the City Council of the City ofNewport News.
"City Manager" means the City Manager or the City Manager’s designee.
“City Pole(s)” means an existing structure owned by the City that meets the definition of “Existing Structure” as defined by Va. Code §56-484.26 and Va. Code §l5.2—23 l 6.3.
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Page 144 of 181 Agenda Item #G.2. Other City Council Actions
"City Property" means and includes all real property owned by the City, including all property held in a proprietary capacity by the City.
"Company Pole(s)" means any structure installed or approved to be installed by or on behalf of Grantee or its Carriers (as de?ned in Section 10 herein), in Public Streets and Public Rights-of-Way.
"Conduit" means any materials, such as metal or plastic pipe, that protects wire, cable, lines, ?ber optic cable, or other technology for the provision of telecommunications service.
"Director of Engineering" means the Director of Engineering or his designee.
"Duct" means a pipe, tube, channel or similar item for carrying wires, lines, cables, ?ber optic cable, or other technology for the provision of telecommunications service.
“Existing Utility Po1e” means a structure owned, operated, or owned and operated by a public utility or the Commonwealth that is designed speci?cally for the used to carry lines, cables, wires for communications, cable television, or electricity. This de?nition also includes “Replacement Poles”.
"Fiber optic or other cable and related facilities" means ?ber optic cables or other cable, facilities, conduits, converters, splice boxes, handholds, manholes, vaults, equipment, drains, surface location markers, appurtenances and related facilities located or to be located by Grantee in the public streets or rights-of-way of the City used or useful for the transmission of telecommunications services.
"Grantee" or " " means , or subsequent owner of the business as set out in Section 10, below. "Grantor" means the City of Newport News.
"Micro-Wireless Facility" means a small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.
"Public streets and public rights-of-way" or "public ways" include the surface of, and the space above and below, any public street, road, highway, avenue, sidewalk, way, bridge, viaduct, alley or other public right-of-way, including unimproved surfaces, now or hereafter held by the City for the purpose of public travel, communications, alarm, street lighting, power distribution, water or sewer service or other public use, whether present or future, to the extent of the City's right, title, interest or authority to grant a franchise to occupy and use such streets and easements for the purpose of providing telecommunications services.
"Public works project or public improvements" include, without limitation, the construction, realignment, paving or repaving, or other work on ‘any public street or public right-of-way, change of grade or alignment of any public street or public right-of-way, the construction or reconstruction of any water, sanitary sewer, storm sewer, force main, drainage or communications facility of the City.
“Replacement pole” is a pole installed to replace an existing pole due to an issue of capacity of the existing pole to support a small cell facility, which is constructed of the same material as the existing pole and which does not exceed the dimensions for utility poles as limited by the City Code.
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Page 145 of 181 Agenda Item #G.2. Other City Council Actions
"Small Cell Facility" means a wireless facility that meets both of the following quali?cations: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could ?t within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut—off switches, and vertical cable runs for the connection of power and other services.
"Telecommunications Facilities" means the plant, equipment and property, including, but not limited to, the poles, light poles, Utility Poles, pipes, mains, conduits, ducts, ?ber optic and other cables, circuits, and wires, antennas, radios, and any other equipment and property used by Grantee to provide telecommunications service.
"Telecommunications Service" means the providing or offering for rent, sale or lease, or in exchange for other value received, the transmittal of signals, including but not limited to, voice, data, image, graphic or video or other programming information, except cable television service, between or among points by wire, lines, cable, ?ber optics, circuits, laser or infrared, microwave, radio, satellite or other Telecommunications Facilities, but not including cable television service.
"Third Party Pole(s)" means any existing structure that is not owned, in whole or in part by the City or Grantee, and is installed within the Public streets and public rights-of-way as of the date of adoption of the ordinance authorizing this Agreement. Third Party Poles include, but are not limited to, any structure that is owned, operated or owned and operated by a public utility.
"Utility Pole(s)" means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth (excluding Grantor Poles) that is designed speci?cally for and used to carry lines, cables, or wires for communications, cable television, lighting, or electricity.
“Wireless Communications Facilities Master License Agreement” means an Agreement between the City and Grantee which addresses co-location of Wireless Facilities on City Poles.
"Wireless Facilities" means any above-ground equipment cabinets, ?ber optic or other cable, antennas, conduits, pipes and related facilities installed, constructed, installed, maintained, located, moved, operated, placed, protected, reconstructed, reinstalled, relocated, removed and replaced in the public streets and public rights-of-way in the City of Newport News by Grantee for the provision of wireless services -which shall include, but not be limited to, Telecommunications Facilities, Wireless Services, Small Cell Facilities, and Micro—WirelessFacilities.
"Wireless Services" means (i) "personal wireless services" as de?ned in 47 U.S.C. §332(c)(7)(C)(i); (ii) "personal wireless service facilities" as de?ned in 47 U.S.C. §332(c)(7)(C)(ii), including commercial mobile services as de?ned in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other ?xed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.
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Section 3. Term of Agreement. (a) The initial term of this Agreement shall be for a term often (10) years, commencing on the date of approval of this Agreement by the City Council ("lnitial Term"). Before Grantee enters upon City right—of-way,all bonds, proofs of insurance and documentation of location must be ?led with the City. The Agreement shall thereafter automatically renew for three additional ?ve-year terms (each, a "Renewal Term"), provided, however, that either party may, upon giving one hundred eighty (180) days ' written notice prior to the end of the Initial Term or any ?ve year Renewal Term, as applicable, terminate the Agreement. Upon termination of this Agreement as herein provided, and unless the parties are in active good faith negotiation of a replacement agreement or otherwise and agree in writing to an extension, Grantee shall be prohibited from further access to the public rights-of—wayin the City of Newport News. The Initial term and all Renewal Terms hereunder shall be collectively referenced as the "Term". Notwithstanding this section, or any other provisions of this Agreement, Grantee has the right to terminate this Agreement for any reason (“Right to Unilateral Termination”) upon ninety (90) days written notice of its intention to exercise its Right of Unilateral Termination. Upon such notice, Grantee shall remove its Telecommunications Facilities in such a manner as is set forth in this Section 3 of this Agreement.
(b) Either the City or Grantee may terminate this Agreement for an uncured material breach by the other. The non-breaching party must first provide written notice of the existence of a material breach to the breaching party. Such notice shall state the grounds for termination in reasonable detail. The party receiving notice of termination for cause shall thereafter have ninety (90) days to cure, or commence and vigorously pursue good faith efforts to cure the alleged material breach.
(c) Upon the expiration or termination of this Agreement (including any renewal period), or if any of Grantee's Telecommunication Facilities including, but not limited to individual units, are abandoned for a period of time exceeding one hundred eighty (180) days, Grantee shall remove its Wireless Facilities and equipment at its own expense. The City agrees and acknowledges that all of the equipment, conduits, ?xtures and personal property of Grantee shall remain the personal property of Grantee and Grantee shall have the right to remove the same at any time during the Tenn, whether or not said items are considered ?xtures and attachments to real property under applicable laws. If, in the event Grantee fails to remove its facilities within sixty (60) days following written notice from the City requiring such removal, the City may cause such facilities to be removed, without further notice, and charge the actual cost for removal to Grantee which shall pay such costs within sixty (60) days after the City's written demand to do so. The City may collect such costs, expenses and attorney's fees as debts owed to the City by bringing action in any court of competent jurisdiction to enforce this section 3(c).
Section 4. Compliance With Applicable Law. The parties shall, at all times during the Term of this Agreement, including any renewal period, comply with this Agreement and all applicable federal, state, and local laws, ordinances, and regulations as of the Commencement Date of this Agreement, including but not limited to, Virginia Constitution Article VII, Section 9; Chapter 21 of Title 15.2 of the State Code; City Code Chapter 13, Article II; City Code Chapter 38, Article 11;City Code Chapter 40.], Underground Installation of Line and Pipes and Their Related Facilities; City Code Chapter 45; and City Code Appendix B, Section 8.08; and to the extent allowed by Virginia Code §l5.2-2316.4 and Virginia Code §56-484.27. Expressly reserved to the City is the right to adopt, in addition to the provisions of this Agreement and existing laws, such additional ordinances and regulations as are necessary for the law?il exercise of its police power for the bene?t and safety of the public.
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Section 5. Construction, Location or Relocation of Facilities. All facilities of Grantee shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise speci?ed by the City.
5.1. The City, as owner of the right-of-way, reserves the right to object to and reject the location of individual Wireless Facilities, the placement of which it deems, in its discretion, to be contrary to the best interests of the City.
5.2. Whenever all existing electrical utilities, cable facilities or Telecommunications Facilities are located underground within a particular segment of a street or public right-of-way of the City, Grantee shall also install its Telecommunications Facilities underground. Provided, however, that Grantee reserves the option to attach Telecommunications Facilities to Third Party Poles, as are appropriate for Grantee’s Telecommunications Facilities and can safely bear the weight of wind loading thereof.
5.3. a. Whenever existing overhead electric utilities, cable facilities or Telecommunications Facilities are relocated underground within a particular segment of a street or public right-of-way of the City, the City may also require Grantee to relocate its Wireless Facilities underground, provided that: (a) such relocation does not prohibit, or have the effect of prohibiting, Grantee's Wireless Services ?'om such location(s); (b) the relocation is commercially reasonable; (c) the City complies with the Undergrounding Notice Requirements as provided herein below; and (d) the additional incremental costs of such underground relocation (as compared to aerial) shall be paid by the City. Any such relocation, if required, shall be made concurrently to minimize the disruption of the public streets or public rights-of-way. As used herein, the applicable "Undergrounding Notice Requirements" shall be as follows: the City shall ?rst notify Grantee in writing that it intends to require relocation of certain of Grantee's Wireless Facilities pursuant to this section. Thereafter, Grantee shall have sixty (60) days to respond to the City in writing, specifying the projected costs associated with such relocation. If the parties conclude in writing that such relocation is commercially reasonable, and determine to proceed with the relocation, Grantee shall have one hundred twenty (120) days thereafter to effectuate same; provided, however, that if Grantee detennines that additional time is required to complete the relocation, this timeframe shall be reasonably extended as necessary. Once the relocation is complete, Grantee shall submit an invoice to the City for the costs payable by the City pursuant to this Section 5.3, and the City shall promptly submit payment to Grantee.
b. For the avoidance of doubt, the parties acknowledge and agree that this Section 5.3, and any relocation requirement hereunder, shall not apply to Small-Cell Facilities and Micro-Wireless Facilities, including those that are located on structures such as street lights, traffic-control structures, and buildings, that must be located above ground due to the nature of such Small Cell Facilities and Micro-Wireless Facilities and their ability to provide Wireless Services. In this case, Grantee will be allowed to erect a utility pole that comports with the dimensions required by City Code §45-523.1, in order to support Small Cell and Micro Wireless Facilities only.
c. In no event shall any such utility pole be erected less than 300 feet from any existing utility pole capable of bearing Wireless Facilities to transmit signals within the 500 MHZ to 10 Ghz range.
5.4. Grantee shall obtain all required permits for the construction or installation of its Wireless Facilities as required in this Agreement; provided, however, that nothing in this Agreement shall prohibit the City and Grantee from agreeing to an alternative plan to review future City permit and construction
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procedures, provided such alternative procedures do not present an undue hardship to Grantee and are uniform and non-discriminatory as to all similarly situated utilities, and provide substantially equivalent safeguards for responsible construction practices.
5.5. In the performance and exercise of its rights and obligations under this Agreement, Grantee shall not interfere in any manner with the existence and operation of any public street and public or private right-of-way, sanitary sewer, water line, storm drain, gas main, pole, overhead or underground electric and telephone wires, television cables, public works, facilities of other telecommunication providers, or City Property, without the prior approval of the City.
5.6. Except as may be expressly provided herein, nothing in this Agreement shall be construed to abrogate or limit the right of the City of Newport News to perform any public works or public improvements. If any Wireless Facilities interfere with the construction, operation, maintenance, repair or removal of such public works or public improvements, within one hundred eighty (180) days following Grantee's receipt of written notice from the City of Newport News (or such other period of time set forth in Section 5.7 or as may be agreed upon in writing by the City of Newport News and Grantee) Grantee shall, at its own expense protect, alter, remove or relocate facilities, as directed by the City Manager or Director of Engineering. If Grantee fails to so protect, alter, remove or relocate equipment within such period, the City may break through, remove, alter or relocate the Wireless Facilities without any liability to City, and Grantee shall pay to the City the actual costs incurred in connection with such breaking through, removal, alteration or relocation. Grantee shall also reimburse the City for or bear any additional cost actually incurred by the City as a result of Grantee’s failure to comply with the City's request to protect, alter or remove equipment under this Agreement. The City may collect actual costs it has incurred in collecting such costs (excluding attorney fees), as debts owed to the City, by bringing action in any court of competent jurisdiction or exercising the City's rights to draw on bonds or letters of credit, or in any other lawful manner, individuallyor in combination. As used in this Agreement, "business day" shall refer to any day other than a Saturday, Sunday or federal holiday, or any other day on which national banks in the State of Virginia are not open for business.
5.7. The City retains the right and privilege to cut or move any Wireless Facilities located within the public ways or other areas of the City as the City may determine to be necessary, appropriate or useful in response to any public safety-related emergency. The City will endeavor to give reasonable notice to Grantee of such emergencies which may impact its Wireless Facilities before or after the fact. Nothing herein shall create any duties or obligations on the City to so notify Grantee nor shall the City, its officers, agents, employees, or volunteers in any way be liable for any failure to notify Grantee.
5.8. The Wireless Facilities shall be located so as not to interfere with the public safety or, to the extent possible, with the convenience of persons using the public streets or rights-of-way. Grantee shall construct, maintain and locate its telecommunications system so as not to interfere with the construction, location and maintenance of sewer, water, drainage, electrical, signal and fiber optic facilities of the City.
5.9. The City shall have the right to specifically designate the location of the Wireless Facilities with reference to sewer and water mains, drainage facilities, ?ber optic cable, signal poles and lines and similar services, other facilities, such as public telephone utilities, public electric utilities, cable television facilities, and railway, communication and power lines, in such a manner as to protect the public safety and public and private property. Failure by the City to designate the location of any portion of the Wireless
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Facilities shall not relieve Grantee of its responsibilities in matters of public safety, as provided in this Agreement.
5.10. Except in the cases of emergencies, Grantee shall not move, alter, change or extend any of its telecommunications system in any public street or public right-of-way unless prior written notice of its intention to do so is given to the City Manager and permission in writing to do so is granted, or such requirement is waived, by the City Manager. The City Manager shall use his best efforts to either approve or deny Grantee's request to relocate the Wireless Facilities within ?fteen (15) days of receipt of Grantee's request to the extent reasonably practicable. Such permission shall be conditioned upon compliance with the terms and conditions of this Agreement, with such other terms and conditions as will preserve, protect and promote the safety of the public using the public ways, and as will prevent undue interference with or obstruction of the use of the public ways by the public, the City or by any other public utility, public service corporation or cable operator for their respective purposes and functions. Such work by Grantee shall also be coordinated with the City's annual paving program through the Of?ce of the Director of Engineering.
5.11. Grantee shall not open, disturb or obstruct, at any time, any more of the public streets or public rights-of-way than is reasonably necessary to enable it to proceed in laying or repairing its telecommunications system. Grantee shall not pennit any public street or public right-of-way so opened, disturbed or obstructed by it to remain open, disturbed or obstructed for a longer period of time than shall be reasonably necessary. In all cases where any public street or public right-of-way is excavated, disturbed or obstructed by Grantee, Grantee shall take all precautions necessary or proper for the protection of the public and shall maintain adequate warning signs, barricades, signals and other devices necessary or proper to adequately give notice, protection and warning to the public of the existence of all actual conditions present.
5.12. After the installation, removal, relocation or construction or maintenance of the Wireless Facilities is completed, Grantee shall, at its own cost, repair and return the public streets or public rights- of—wayto a minimum of the same or similar condition existing before such installation, removal, relocation construction or maintenance, in a manner as may be reasonably specified by the City and to the reasonable satisfaction of the City. Grantee shall be responsible for damage to City street pavements, existing utilities, curbs, gutters and sidewalks due to Grantee's installation, construction, maintenance, repair or removal of its Wireless Facilities in the public streets, public rights-of-way, and shall repair, replace and restore in kind, the said damaged property at its sole expense. Upon failure of Grantee to immediately repair, replace and restore said damaged property, in a manner as may be reasonably speci?ed by the City and to the reasonable satisfaction of the City, after notice in writing shall have been given by the City, or a different time frame to which Grantee and the City reasonably agree, the City may cause such necessary repairs to be made ("Self Help Repairs") and may collect the costs incurred from Grantee, including but not limited to, exercising the City's rights to draw on bonds or letters of credit. The City may collect such costs, and any expenses and attorney fees incurred in collecting such costs, as debts owed to the City, by bringing action in any court of competent jurisdiction or in any manner allowed by law.
5.13. Except as otherwise necessitated by installation, operation and maintenance of the Wireless Facilities contemplated by this Agreement, neither Grantee, nor any person acting on Grantee's behalf, shall take any action or permit any action to be done which may impair or damage any City Property, including, but not limited to, any public street, public right-of-way or other property located in, on or adjacent thereto. As stated supra, Grantee shall, at its own cost, repair and return any City Property to the
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same or similar condition existing before such installation, removal, relocation construction or maintenance, in a manner as may be reasonably speci?ed by the City and to the reasonable satisfaction of the City. Notwithstanding this provision, Grantee shall not be responsible for impairment or damage to City Property caused by Self Help Repairs.
5.14. In the event of an unexpected repair or emergency, Grantee may commence such repair and emergency response work as required under the circumstances, provided, however, that Grantee shall notify the City as promptly as possible, before such repair or emergency work is started (or as soon thereafter as possible if advance notice is not practicable).
5.15. Grantee shall maintain its Wireless Facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements, laws, ordinances, and regulations.
5.16. Grantee shall at all times employ a high standard of care and shall install and maintain and use approved methods and devices for .preventing failure or accidents which are likely to cause damages, injuries or nuisances to the public.
5.17. Grantee shall obtain all required pennits from the City and any other governmental entity having jurisdiction prior to commencing work of any nature and shall comply with all terms and conditions of any such permit. Grantee shall furnish detailed plans of the work and other required information, and shall pay all required fees prior to issuance of a permit in accordance with the rates in effect at the time of payment. Grantee shall comply with all applicable ordinances and permitting requirements.
A single permit may be issued for multiple excavations, pole installations, or pole attachments to be made in public streets and rights-of way; provided, however, any applicable fees established by the City shall apply to each such excavation, pole installation or pole attachment unless otherwise provided by law. Exceptions to the requirement for a written permit may be allowed in cases of emergencies involving public safety or restoration of service. In the case of emergency excavations or pole-related repairs made in a public street or public right-of—waywithout a permit, Grantee shall make a report of each such excavation or pole-related repair to the City within two (2) business days and pay any applicable administrative fee (without penalty). Any permit application and inspection related to repair of excavations or pole-related repairs shall be promptly acted upon by the City so as not to unreasonably delay Grantee in ef?ciently discharging its public service obligation and in any event shall be granted or denied within ( forty-five (45) days from submission and, if denied, accompanied by a written explanation of the reasons the permit was denied and the actions required to cure the denial.
5.18. (a) Promptly after installation, repair or extension of a telecommunications system or any portion thereof or any pavement cut by Grantee in any public way of the City, the incidental trenches or excavations shall be re?lled by Grantee in a manner reasonably acceptable to the City Manager. Pavement, sidewalks, curbs, gutters or any other portions of public ways damaged, disturbed or destroyed by such work shall be promptly restored and replaced with like materials to their former condition by Grantee at its own expense; however, where it is necessary, and if authorized by the City, in order to achieve the former conditions, Grantee shall use materials whose type, specification and quantities exceed or are different from those used in the installation, then Grantee, at its own expense, shall provide such different materials. Where a cut or disturbance is made in a section of sidewalk or paving, rather than replacing only the area actually cut, Grantee shall replace the full width of the existing sidewalk or appropriate sections of paving as determined by the Director of Engineering and the full length of the section or
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sections cut, a section being de?ned as that area marked by expansion joints or scoring or as determined by the Director of Engineering. Grantee shall maintain, repair and keep in good condition for a period of one (1) year following such disturbance all portions of public ways disturbed by Grantee, provided such maintenance and repair shall be necessary because of defective workmanship or materials supplied by Grantee.(b) All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation maintenance, repair or replacement of Wireless Facilities shall be replaced or restored, as nearly as may be practicable, to the condition existing prior to performance of work. All restoration work within the public ways or other areas shall be done in accordance with landscape plans approved by the City.
5.19. (a) Grantee shall promptly remove or correct any obstruction, damage, or defect in any public street or public right-of-way caused by Grantee in the installation, operation, maintenance or extension of Grantee's Telecominunicates Facilities. Any such obstruction, damage, or defect which is not promptly removed, repaired or corrected by Grantee promptly following proper written notice to do so, given by the City to Grantee, may be removed or corrected by the City, and the cost thereof shall be charged against Grantee and payable on demand. Any expense, cost, or damages incurred for repair, relocation, or replacement to City water, sanitary sewer, storm sewer, storm drainage, telecommunication facilities or other property resulting from construction or maintenance of Grantee's telecommunications system shall be borne by Grantee, and any and all expense and cost incurred in connection therewith by the City shall be fully reimbursed by Grantee to the City.
(b) If weather or other conditions do not permit the complete restoration required by this Section, Grantee shall temporarily restore the affected property. Such temporary restoration shall be at Grantee's sole expense and Grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such pennanent restoration.
(c) Grantee or other person acting in its behalf shall use suitable barricades, ?ags, ?aggers, lights, ?ares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property and shall comply with all federal, state, and local laws and regulations, including, but not limited to, the ?agging requirements of the Virginia Department of Transportation.
5.20. Except in the case of the City's gross negligence or intentional or willful misconduct, the City, its officers, agents) or employees, shall not be liable for any damage to or loss of any of Grantee's Telecommunications Facilities or Wireless Facilities within the public ways or any other areas of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, ?lling, or work or activity or lack of any activity of any kind by or on behalf of the City. Nothing it this Agreement shall be considered a waiver of sovereign, statutory or common law immunities of municipal corporations. Nothing in this section shall be construed as a waiver of the City’s sovereign immunity.
5.21. Grantee shall cooperate with the City in coordinating its construction activities as follows:
(a) Grantee shall provide the City with a schedule of its proposed construction activities prior to commencing any expansion of its backbone system;
(b) Upon request, Grantee shall meet with the City and other users of the public ways to coordinate
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construction in the public ways; and
(c) All construction locations, activities and schedules shall be coordinated, as directed by the Director of Engineering, to minimize public inconvenience, disruption or damages. Grantee shall submit a written construction schedule to the Director of Engineering at least ten (10) business days before commencing any work in or about the public streets or public rights-of-way. Grantee shall ?irther notify the Director of Engineering not less than five (5) business days in advance of such excavation or work and shall comply with the provisions of the Virginia Underground Utility Damage Prevention Act, Virginia Code Section 56-265.14, and et. seq.
5.22. Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of Micro-Wireless Facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from locality-imposed permitting requirements and fees.
Section 6. Compensation. , No compensation is due from Grantee to the City for co-location of its wireless facilities on Third-Party Poles or Existing Utility Poles. For the installation of new Wireless Facilities, Grantee shall pay to the City a one—timeuser fee of $1,000.00 for each Small Cell Facility installed on a Company Pole within the Public Streets or Public Right of Way. In either case administrative and permitting fees and bonds may be imposed in accordance with Va. Code §56-484.29B. Cost for co-location on a City Pole will be governed by the Wireless Communications Facilities Master License Agreement.
Section 7. Mapping. (a) Grantee shall maintain an accurate map of its Wireless Facilities. Grantee shall provide the City with "as built" drawings and an accurate map or maps showing the location of the Wireless Facilities, including pole lines and conduit lines and any other details requested by the City, to include a digitized 1nap(s) in both printed and electronic form readable by the current version of Auto CAD and tied to the Virginia State Plane Coordinate System and tied to the City's Survey Control monuments and geographic infonnation system certifying the location of all Wireless Facilities within the City. Grantee shall, upon request, provide updated maps annually.
(b) Grantee will submit an existing facilities map as a condition precedent to the City's approval of this Agreement. As for new installations, after the Commencement Date of this franchise, Grantee shall submit the proposed mapping of its plans for new construction to the City prior to any construction. As- built drawings of any new construction of Wireless Facilities shall be furnished to the City within sixty (60) days of completion of such construction. All as-built maps and drawings shall be drawn to scale and reference to a physical City benchmark to the extent the physical benchmark is in reasonable proximity to Grantee's new installation. All mapping shall be provided in a format compatible to the City's present and future mapping systems. Alternatively, Grantee will pay for the cost of making the mapping compatible. (c) Prior to its installation of any Wireless Facilities in the public streets or public rights-of-way and after Grantee provides the City with its proposed plans for the facilities, the City may in its discretion designate certain locations to be excluded from use by Grantee for its Wireless Facilities, including, but not limited to, ornamental or similar specially designed streetlights or other facilities or locations which, in the reasonable judgment of the Director of Engineering, do not have electrical service adequate for or appropriate for Grantee's Wireless Facilities or cannot safely bear the weight or wind loading thereof, or any other facility or location that in the reasonablejudgment of the Director of Engineering is incompatible with the proposed Wireless Facilities or would be rendered unsafe or unstable by the installation. The
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Director of Engineeringmay further exclude certain other facilities that have been designated or planned for other use or are not otherwise proprietary, legal or other limitations or restrictions as may be reasonably determined by the City. In the event such exclusions con?ict with reasonable requirements of Grantee, the City will cooperate in good faith with Grantee to attempt to ?nd suitable alternatives, if available, provided that the City shall not be required to incur ?nancial costs nor require the City to acquire new locations for Grantee. Grantee shall, prior to any excavation or installation within the public streets or public rights-of-way, provide suf?cient noti?cation and joint installation opportunity on a shared cost basis to potential users of the public streets or public rights-of-way as may be provided for by a separate City policy. Such noti?cation and adopted policies shall be designed to maximize co-location of providers to minimize the disturbanceto the public streets or public rights-of-way and maximize its useable capacity.
Section 8. Insurance Requirements. At all times during the term of this Agreement, Grantee shall, at its expense, maintain the insurance policies listed herein. Any required policy obtained through a third-party insurer shall be in a form and with an insurance company authorized or permitted to do business in the Commonwealth of Virginia and have a rating of no less than A- VII by A.M. Best Co. The City acknowledgesand agrees that Grantee may elect to self-insure during the Term of this Agreement if: (a) Grantee meets the self-insurance requirements promulgated under Virginia law; and (b) Grantee has processed any necessary applications and/or materials with the state of Virginia required to self-insure (and has provided copies of same to the City).
(a) Commercial General Liability. Grantee shall procure and maintain throughout the Term of this Agreement commercial general liability insurance with limits of ?ve million dollars ($5,000,000.00) for bodily injury (including death), and for property damage each occurrence. Grantee agrees that it will include the City as an additional insured as its interest may appear under this Agreement. However, the parties acknowledge that Grantee may meet the policy limit in this section by combination of Grantee's General Commercial Liability Policy and Grantee's. Umbrella or Excess Liability Policy.
(b) Contractual Liability. Broad form Contractual Liability insurance, including the indemni?cation obligationsof Grantee set forth in this Agreement.
(c) Workers‘ Compensation. Workers’ Compensation insurance covering Grantee's statutory obligation under the laws of the Commonwealth of Virginia and Employer's Liability insurance in the amount of One Million ($1,000,000) each accident/disease/policy limit for all its employees engaged in work under this Agreement and a statutory employer endorsement in favor of the City.
(d) Commercial Automobile Liability. Commercial Auto Liability insurance having a combined single limit of liability of One Million Dollars ($1,000,000) applicable to owned or non-owned vehicles used in the performance of any work under this Agreement.
(e) Pollution Liability Insurance. Grantee shall maintain during the life of this Agreement Pollution Liability Insurance in the amount of One Million Dollars ($1,000,000) for each occurrence. Coverage shall be provided for bodily injury and property damage resulting from pollutants which are discharged suddenly and accidentally. Such insurance shall also provide coverage for cleanup costs.
(f) Grantee shall, prior to commencing construction pursuant to the execution of this Agreement or within ten (10) business days after the granting of a permit contemplated by this Agreement, whichever is sooner, furnish to the City a certi?cates of insurance, showing the type, amount, effective dates and date
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of expiration of the policies, and thereafter prior to the expiration of any such policy or change in the amount or conditions, of coverage. Such certi?cate or certificates and evidence of insurance shall include the City, its officers, and employees as additional insureds as their interest may appear under this Agreement.
(g) Grantee shall provide an endorsement from each insurer that provides the City with thirty (30) days advance notice of policy cancellation and ten (10) days for non-payment of premium.
Section 9. Surety. (a) Within thirty (30) days after this Agreement is approved by the City, and prior to the issuance of any permits for construction by Grantee, Grantee shall furnish and ?le with the City a performance bond, in a form and by a surety authorized or permitted to do business in the Commonwealth of Virginia and approved by the City Attorney, in the sum of Seventy—FiveThousand Dollars ($75,000). The rights reserved to the City with respect to such performance bond shall be in addition to all other rights Grantor may have under this Agreement or any other law. Grantee will maintain the bond for the duration of this Agreement, unless otherwise agreed to be the City in writing. The bond shall guarantee Grantee’s faithful performance of the terms and conditions of the Agreement, including, but not limited to (1) the timely completion of construction; (2) compliance with applicable plans, permits, technical codes and standards; (3) proper location of the facilities as specified by the City; (4) restoration of the public ways and other property affected by the construction as required by this Agreement; (5) the submission of “as-built” drawings after completion of the work as required by this Agreement; (6) timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work: and (7) the payment by Grantee of all lawful lines, taxes, damages, claims, costs or expenses which the City has been compelled to pay or has incurred by reason of any act or default of Grantee under this Agreement and all other payments due the City from Grantee pursuant to this Agreement. Provision shall be made to permit the City to make claims against the bond for any of the foregoing.
(b) Whenever the City determines that Grantee has violated one or more terms, conditions or provisions of this Agreement for which relief is available against the bond, a written notice shall be given to Grantee. The written notice shall describe in reasonable detail the violation so as to afford Grantee an opportunity to remedy the violation. Grantee shall have twenty (20) days subsequent to receipt of the notice in which to correct the violation before the City may make demand upon the bond.
(c) Such bond shall be in addition to any performance and defect bond or other surety required by the City in connection with the issuance of any construction permit issued pursuant to the City Code.
Section 10. Transfer of ownership. Notwithstanding any provision of this Agreement, Grantee may not assign, transfer, lease, or sell any of the rights and privileges granted hereunder without the approval of the City Manager, provided, however, that no such consent need be obtained from the City Manager if Grantee assigns, transfers, leases or sells any rights and privileges granted hereunder to any of its principal, affiliates, subsidiaries of its principal, or to any entity which acquires all or substantially all of Grantee's assets by reason of a merger, acquisition, or other business reorganization (each a "Permitted Transfer"). Notwithstanding anything contained herein to the contrary, a Permitted Transfer shall not be commenced until such transferee has filed with the City of Newport News a duly executed instrument reciting the fact of such assignment, transfer, lease or sale and accepting the terms of this Agreement and agreeing to perform all of the conditions hereof. The City and Grantee acknowledge and agree that, notwithstanding anything in this Agreement to the contrary, certain Wireless Facilities deployed by
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Grantee in the rights-of-way pursuant to this Agreement may be owned and/or operated by Grantee's third- party wireless carrier customers ("Carriers") and installed and maintained by Grantee pursuant to license agreements between Grantee and such Carriers. Such facilities shall be treated as Grantee's Wireless Facilities for all purposes under this Agreement provided that (i) Grantee remains responsible and liable for all performance obligations under this Agreement with respect to such facilities; (ii) the City's sole point of contact regarding such facilities shall be Grantee; and (iii) Grantee shall have the right to remove and relocate said facilities.
Section 11. Indemnification. Grantee agrees to indemnify, defend and hold harmless the City, its of?cers, employees and agents from and against all claims, demands, losses, damages, liabilities, fines, and penalties, and all actual costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney's fees and costs of defense (collectively, the losses), arising out of any breach by Grantee of the terms and conditions of this Agreement, except to the extent proximately caused by the negligence or will?.1lmisconduct of the City of Newport News, its of?cers, employees and agents. In addition, Grantee shall protect, indemnify, and hold harmless the City, its officers, agents, and employees, from any and all demands for fees, claims, suits, actions, causes of action, or judgments based on the alleged infringement or violation of any patent, invention, article, arrangement, or other apparatus that may be used in the performance of any work or activity arising out of the use of any telecommunication facilities or the provision of telecommunication service, except to the extent proximately caused by the negligence or willful misconduct of the City of Newport News, its officers, employees or agents. Notwithstanding any provision of this Agreement, to the extent pennitted by law and without waiving the City's sovereign immunity, neither the Grantor nor the Grantee shall be liable to the other for consequential, indirect, or punitive damages (including lost revenue, loss of equipment, intenuption, loss of service, or loss of data) for any cause ofaction, whether in contract, tort, or otherwise, even if the City or Grantee was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise.
Section 12. Hazardous Substances. In its perfonnance of this Agreement, Grantee shall not transport, dispose of or release any hazardous substance, material, or waste, except as reasonably necessary to allow Grantee in performance of its work under this Agreement or to reliably provide its telecommunicationsservices, and in any event Grantee shall comply with all federal, state, and local laws, rules, regulations, and ordinances controlling air, water, noise, solid wastes, and other pollution, and relating to the storage, transport, release, or disposal of hazardous material, substances or waste. Regardless of the City's acquiescence, Grantee shall indemnify and hold the City, its of?cers, agents, employees and volunteers harmless from all costs, claims, damages, causes of action, liabilities, ?nes or penalties, includingreasonable attorney's fees, resulting from Grantee's violation of this section and agrees to reimburse City for all costs and expenses included by the City in eliminating or remedying such violations. Grantee also agrees to reimburse the City and hold the City, its of?cers, agents, employees and volunteers harmless from any and all costs, expenses, attorney's fees and all penalties or civil judgments obtained against any of them as a result of Grantee's use or release of any hazardous substance or waste onto the ground, or into the water or air from, near or upon the City’s premises. Grantee shall not be responsible for any condition, including the release of a hazardous material, substance or waste to the extent that such existed on the Commencement Date of this Agreement or that otherwise did not result from Grantee's activities. For purposes of this Section, the following de?nitions shall apply: "Hazardous Substances" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous materials and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local or other applicable environmental law, statute, ordinance, rule, order, regulation or
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standard in effect on the date hereof including, without limitation, the Resource Conservation and Recovery Act (42 U.S.C 6901, et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135, et seq.), as amended,the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended, and the Toxic Substance Control Act (15 U.S.C. 2601, et seq.), as amended.
As used in this Section, "release" includes the placing, releasing, depositing, spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping of any substance.
Section 13. Applicability of State Law This Agreement covers existing wireless facilities and the installation and maintenance of Small Cell Facilities on existing structures as provided in Chapter 15.1 of Title 56 of the Virginia Code as it exists upon approval of the Agreement. Grantee may have the right to install or relocate Telecommunications Facilities to City Poles at Grantee's expense, upon request of Grantee and execution of a separate support structure agreement between Grantee and the City on terms and conditions satisfactory to the parties.
Section 14. General Provisions (a) Authority. Grantee warrants and represents that it has obtained all necessary and appropriate authority and approval from all applicable federal and state agencies or authorities to provide all Wireless Facilities and services it intends to provide within the City and upon request by the City will provide evidence of such authoiity.
(b) Other remedies. Nothing in this Agreement shall be construed as waiving or limiting any rights or remedies that the City or Grantee may have, at law or in equity, for enforcement of this Agreement.
(0) Non-severability. This Agreement is being approved due, in part, to the effects of each and every provision contained herein; therefore, the provisions contained in this Agreement are not severable; in the event that any provision contained herein, or part thereof, is found by a court of competent jurisdiction to be invalid, unconstitutional, or otherwise unenforceable, then this Agreement and any Wireless Communications Facilities Master License Agreement between the parties shall be void and the duties and rights grant by this Agreement shall cease, unless otherwise agreed to by both parties. If this Agreement becomes void as a result of a provision or a part thereof, or provisions herein, being ruled invalid, unconstitutional or otherwise unenforceable, the User shall be afforded the right to reapply for a franchiseagreement which may be granted at the City Council’s discretion.
(d) Non-enforcement. Neither party shall be excused from complying with any of the provisions of this Agreement by any failure of the other party, upon any one or more occasions, to insist upon strict performance of this Agreement or to seek the other party’s compliance with anyone or more of such terms or conditions of this Agreement.
(e) Controlling law and venue. By virtue of entering into this Agreement, Grantee agrees and submits itself to a court of competent jurisdiction in the City of Newport News, Virginia or in the United States District Court for the Eastern District of Virginia, Newport News Division, to the extent that federal jurisdiction may be independently established, and further agrees that this Agreement is controlled by the laws of the Commonwealth of Virginia or any applicable federal laws and that all claims, disputes and other matters shall be decided only by such court according to the laws of the Commonwealth of Virginia
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or any applicable federal laws.
(f) If any of the requested information of Grantee in this Agreement is considered proprietary, confidential or a trade secret, Grantee will notify the City of this opinion and the City will endeavor to keep such information con?dential to the extent permitted by the Virginia Freedom of Information Act (Virginia Code Sections 2.2-3700 through 3714), any successor statute or law, or any other law, as an accommodation to the Grantee. Grantee understands that the City cannot guarantee confidentiality and that the City will not be liable for any release or partial release of information.
(g) Captions. The section captions and headings in this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
(h) Nondiscrimination. During the performance of this Agreement, Grantee agrees that it will not discriminate against any employee or applicant for employment on the basis of race, religion, color, sex, handicap or national origin. Grantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Grantee in all solicitations or advertisements for employees placed by or on behalf of Grantee, will state that Grantee is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements herein. Grantee agrees to comply with the good faith minority business efforts required by the Newport News City Code.
(i) Notices. (a) Notices given pursuant to this Agreement shall be in writing and addressed as follows:
To the City: City Manager City of Newport News 2400 Washington Ave. Newport News, VA 23607
With a Copy to: City Attorney City of Newport News 2400 Washington Ave. Newport News, VA 23607 To Grantee:
With a copy to:
(b) Either party may change the address at which it will receive notices by providing written notice of the change to the other party.
[SIGNATURE PAGE FOLLOWS.]
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IN WITNESS WHEREOF, the parties have duly executed this Agreement.
By
Name:
Title:
Date:
STATE OF
CITY/COUNTY of
T0 WIT:
The foregoing instrument was acknowledged before me this __ day of ,2O by , the (title) of
Notary Public
My commission expires:
My Commission Number:
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CITY OF NEWPORT NEWS
By : Cynthia D. Rohlf City Manager
COMMONWEALTH OF VIRGINIA City of Newport News, to-wit:
The foregoing instrument was acknowledgedbefore me this day of ,2O by Cynthia D. Rohlf, the City Manager of the City of Newport News, Virginia.
Notary Public
My commission expires:
My Commission Number:
APPROVED AS TO FORM:
Deputy City Attorney
rag2I70
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WIRELESS COMMUNICATIONS FACILITIES MASTER LICENSE AGREEMENT
THIS WIRELESS COMMUNICATIONS FACILITIES MASTER LICENSE AGREEMENT (“Agreement") is entered into this day of , 20 (“Effective Date”), by and between the City of Newport News ("City" or "Licensor"), and (“ ” or "Licensee"). Licensor and Licensee are at times collectively referred to hereinafter as the "Parties" or individually as the "Party."
RECITALS
A. Licensor manages the public rights-of-way situated within itsjuiisdictional boundaries and owns as its personal property a certain number of poles and related facilities located in the public rights—of-way.
B. Licensee owns and/or controls, maintains and operates a wireless communications network, for which Licensee desires to install, attach, operate and maintain wireless communication facilities in the public rights-of-way as provided herein.
AGREEMENT
1. De?nitions. For purposes of this Agreement, the capitalized terms below shall have the following meanings ascribed to them.
“City I’ole(s)” means any existing structure owned by the City that meets the de?nition of “Existing Structure” as defined in Virginia Code 56-484.26 and 15.2-2316.3, as amended.
“City Pole Application” means a document substantially in the form attached hereto as Exhibit A (or in another form reasonably acceptable to the Parties) that will be used to identify the City Polets) for installation of Equipment and describe the characteristics of the Equipment, which shall be accompanied with other relevant information and documents as required hereunder.
“City Pole License” means a City Pole Application that has been approved by the City pursuant to Section 5 below.
“Code” means the Virginia Code of 1950, as amended and City Code of the City of Newport News.
“Control” shall mean ownership of more than fifty percent (50%) of the outstanding voting stock ofa corporation or other majority equity and control interest if not a corporation and the possession of power to direct or cause the direction of the management and policy of such co1'porationor other entity, whether through the ownership of voting securities, by statute or according to the provisions of a contract.
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“Equipment” means the radios, antennas, transmitters, and other wireless transmission or transport devices attached, mounted, or installed on a pole located in Rights-of-Way, in addition to related control boxes, fiber optic and other cables, wires, conduit, power sources, grounding equipment, signage, battery backup and other equipment, structures, and appurtenances to the point where the Equipment terminates and interconnects with wireline transport infrastructure. This definition shall include new types of communications equipment that may evolve or be adopted using wireless or backhaul technologies.
“Laws” means any and all applicable statutes, constitutions, charters, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, franchises, administrative orders, certificates, orders, or other requirements of the City or other governmental or judicial authority having the force and effect of law that determines the legal standing of a matter relating to the parties and/or this Agreement.
“Rights-of-Way” means the surface of, and the space above and below, any public street, road, highway, freeway, lane, public way or place, alley, court, sidewalk, boulevard, drive, bridge, tunnel, parkway, owned by the City in fee simple, or easement now or hereafter held by, or over which, the City or other public entity exercises any rights of management control.
“Third-Party Poles” means any utility pole or other structure owned by a third party and capable of supporting a small cell facility attachment.
"Wireless Facilities" means any above-ground equipment cabinets, ?ber optic or other cable, antennas, conduits, pipes and related facilities installed, constructed, installed, maintained, located, moved, operated, placed, protected, reconstructed, reinstalled, relocated, removed and replaced in the public streets and public rights-of-way in the City of Newport News by Grantee for the provision of wireless services -which shall include, but not be limited to, Telecommunications Facilities, Wireless Services, Small Cell Facilities, and Micro-Wireless Facilities.
2. Grant of Authority.
2.1. Grant of License. Licensor hereby grants Licensee a nonexclusive license to access, use and occupy the Rights-of-Way seven (7) days a week, twenty-four (24) hours a day, for the installation, construction, use, maintenance, operation, repair, modi?cation, replacement and upgrade of Equipment for the purpose of providing wireless, voice, data, messaging, or similar type of wireless service now or in the future offered to the public in general using spectrum radio frequencies licensed or authorized by the Federal Communications Commission (“FCC”) or its duly appointed successor agency, and not for any other purpose whatsoever. Licensor also grants Licensee a nonexclusive license to use City Poles for the purpose of attaching the Equipment based on the then-current inventory of City Poles pursuant to the provisions of this Agreement. The City, as owner of the right—of-way,reserves the right to object to and reject the location of individual
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Wireless Facilities within its right-of-way and on any speci?c City Pole, the placement of which it deems, in its discretion, to be contrary to the best interests of the City.
2.2. Installation on Poles. Equipment may be installed on and around the City Poles only under the terms of this Agreement pursuant to a City Pole License, or on Third-Party poles pursuant to the terms of a separate agreement with the owner of such poles, or on Licensee's proprietary poles pursuant to a separate ministerial permit or other similar authorization by the City as required under the Code.
2.3. Non-Exclusive Grant. Licensee's right to use and occupy the Rights-of-Way and attach to City Poles shall not be exclusive as the City reserves the right to grant a similar use of same to itself or any person or entity at any time during the Term, consistent with the terms of this Agreement.
2.4. No Interest in City Poles or Rigl_its-of-Way.Nothing under this Agreement shall be interpreted to create or vest in Licensee any easement or other ownership or property interest to any City property, including but not limited to replacement poles, or Rights- of-Way. Neither this Agreement, nor any City Pole License granted under this Agreement, shall constitute an assignment to Licensee of any of the City’s rights to City property or Rights-of-Way.
2.5. Waiver of Claims. In consideration for the rights granted under this Agreement, Licensee waives all claims, demands, causes of action, and rights it may assert against the City and City of?cials, personnel, agents, and representatives because of any loss, damage, or injury to any Equipment or any loss or degradation of service resulting from the installation, operation, maintenance, or malfunction of Equipment regardless of cause, except with respect to claims, demands, causes of action and rights resulting from the gross negligence or willful misconduct of the City or any City of?cial, personnel, agent, or representative. Nothing in this paragraph shall amount to a waiver of the City’s Sovereign immunity.
3. Term and Termination.
3.1. Term of Agreement. The term of this Agreement shall be coterminous with any ?anshise agreement between the parties (for ten (10) years beginning on the Effective Date (the "Term"), provided however that, unless either Party provides written notice to the other Party ninety (90) days prior to expiration of the Term that the notifying Party will not renew the Term, the Term will automatically renew for three (3) ?ve (5) year period, upon the same terms and conditions set forth in this Agreement. Notwithstanding the foregoing, after the expiration of this Agreement, its terms and conditions shall survive and govern with respect to all City Pole Licenses entered into hereunder until the expiration or tennination of such City Pole Licenses.
3.2. Term of City Pole Licenses. The term of each City Pole License shall be for ten (10) years beginning on the date the License is issued by the City (the “Commencement Date”). If the Equipment is not substantially installed within six (6) months of the
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Commencement Date, the License may lapse, at the City’s sole discretion, and a new City Pole Applicationshall be ?led in order to proceed,however, in such event Licensee shall receive a credit for any Annual Fee already paid towards the new issued license. Unless Licensee is in material breach of this Agreement beyond the applicable cure period or Licensee provides written notice to the City prior to the expiration of the then current term that Licensee will not renew the term, the term will automatically renew for three (3) consecutive ?ve (5) year periods, upon the same terms and conditions set forth in this Agreement.
3.3. Termination of City Pole Licenses. A City Pole License may be terminated prior to the expiration of its term: (i) by Licensor upon notice to Licensee, if Licensee fails to pay any amount when due under such City Pole Licenseand such failure continues for thirty (30) days after Licensee's receipt of written notice of nonpayment from Licensor; (ii) by Licensor if Licensee fails to substantially install Equipment within six (6) months of issuance of a City Pole License, or if Equipment is not operational within twelve (12) months of issuance of a City Pole License; (iii) by either Party upon notice to the other Party, if such other Party materially breaches any provision of this Agreement concerning the applicable Equipment and the breach is not cured within sixty (60) days a?er receipt of written notice of the breach from the non-breachingParty or, if the breach cannot reasonably be remedied in such time, if the failing Party does not commence a remedy within such time and diligently pursue the cure to completion; (iv) by Licensor upon determination that it needs the pole for any purpose that it deems is inconsistent with Licensee’s continued use of the pole (v) by Licensee at any time without cause upon notice to Licensor; or (vi) by Licensee in the event that (a) any applications for any governmental approvals necessary for the Equipment are ?nally rejected; (b) any such governmental approval is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; or (c) Licensee determines that such governmental approvals may not be obtained in a timely manner.
3.4. Surrender. Within ninety (90) days of the expiration or earlier termination of any City Pole License, Licensee shall remove all corresponding Equipment attached to City Poles, at its sole expense, shall repair any damage to City Poles or the Rights-of—Way caused by such removal, and shall restore the same to the condition in which they existed prior to the installation of such Equipment, reasonable wear and tear and loss by casualty or other causes beyond Licensee’s control excepted. Equipmentinstalled on third-party or Licensee’s proprietary poles, which are subject to a separate agreement with the pole owner or an encroachmentpermit or other similar authorization with the City as required under the Code, as the case may be, shall not be subject to removal under this Agreement.
4. Fees and Charges.
4.1. Pole Attachment Fees. Licensee shall pay to Licensor an annual fee of $270.00 (“Annual Fee”) per approved City Pole upon which Licensee installs Equipment pursuant to Section 4.2 below. The Annual Fee is based on the Federal Communication Commission (“FCC”) 2018 Declaratory Ruling and Third Report and Order, WT
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Docket No. 17-79; WC Docket No. 17-84, with an expected effective date of January 14, 2019 (the “Order”). Should the Order not become effective or a future FCC action impact the Annual Fee guidelines, the parties agree to reassess or renegotiate the Annual Fee amount at that time.
4.2. Timing and Manner of Pa3g1_1ents.Payment of the initial annual fee payment shall be made within thirty (30) days of the Commencement Date and thereafter each subsequent annual fee payment shall be made on or before each anniversary of the Commencement Date. Licensor shall provide Licensee a completed, current Internal Revenue Service Form W-9 and state and local withholding forms if required. Licensee may make payments by check made out to the order of the Treasurer, City of Newport News and sent to the following address or through electronic transfer subject to the City’s approval and necessary bank routing instructions.
City of Newport News City Manager’s Office 2400 Washington Ave. Newport News, VA 23607
4.3. No Waiver. The fees and charges hereunder are in addition to any others that are not duplicative of and are solely governed by the requirements of, and imposed by, the Code.
4.4. Taxes. If Licensor is required by law to collect any federal, state, or local tax, fee, or other governmental imposition (each, a “Tax”) from Licensee with respect to the transactions contemplated by this Agreement, then Licensor shall bill such Tax to Licensee in the manner and for the amount required by law, Licensee shall promptly pay such billed amount of Tax to Licensor, and Licensor shall remit such Tax to the appropriate tax authorities as required by law; provided, however, that Licensor shall not bill to or otherwise attempt to collect from Licensee any Tax with respect to which Licensee has provided Licensor with an exemption certi?cate or other reasonable basis for relieving Licensor of its responsibility to collect such tax from Licensee. Licensee shall be responsible for all Taxes that are assessed against or are otherwise the legal responsibility of Licensee with respect to itself and its property.
4.5. Electrical Utility Service. Licensee shall be responsible for securing and paying all charges for any electricity service ?imished to the Equipment. Subject to the City’s approval of location and design, Licensee may install or cause to be installed a separate electric meter on the pole, or on a ground mounted pedestal or on Licensee’s pad mounted equipment cabinet as required by the electric provider for the operation of its Equipment. City reserves the right to limit electrical meters to no more than two (2) meters per pole location.
Cig Pole Application Process.
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5.1. Licensee shall ?le with the City a City Pole Application for each City pole where Licensee desires to install Equipment. Within thirty (30) days of the receipt of a complete City Pole Application, which period may be extended by mutual written consent, the City shall, in writing, either approve the City Pole Application, request more information, or reject the application by identifying the speci?c reasons why the City Pole Application has not been approved. Licensor may reject a City Pole Application for one or more of the following reasons:
5.1.1. For reasons related to capacity, safety, reliability, generally applicable engineering practices, or for any reason set out in Section 2.1.
5.1.2. The City Pole Application remains incomplete after Licensee receives notice thereof and such incompleteness is not remedied for sixty (60) days.
5.1.3. The Equipment proposed to be attached to the City Pole does not meet the de?nition of“S1nall cell facility" promulgated in Va. Code §56-484.26., as amended.
5.1.4. The design documents attached to the City Pole Application:
(3) Do not comply with the contractual requirements under this Agreement. (b) Show non-compliance with the City’s pole attachment ordinances, regulations or standards for traffic light poles, including replacement of an electric meter with dual meters, if and as applicable. (C) Show interference with the City’s public safety radio system, traffic signal light system, or other communications components. (d) Do not contain a certi?cation by a Professional Engineer licensed by the Commonwealth of Virginia that the general public exposure to Radio Frequency Emissions will not exceed the maximum permissible exposure level to the general public recommended by the FCC’s 1-luman Exposure to Radio Frequency Fields: Guidelines for Cellular and PCS Sites Guide ( https://www.tcc.gov/consumers /szuides/human—exposurc—radio-?'equency-ticlds-uuide1ines—cellular—and-pcs-sites), as amended, revised, or replaced.
5.1.5. The City Pole Application does not include a load bearing study, for the purpose of detennining whether the attachment of the Equipment may proceed without pole modification or whether the installation will require pole reinforcement or replacement. If pole reinforcement or replacement is necessary, Licensee shall provide, at Licensee’s sole expense, engineering design and specification drawings made by a Professional Engineer licensed in the Commonwealth of Virginia demonstrating the proposed alteration to the pole. Any alterations or modi?cations to an existing City Pole, up to and including ?lll replacement of City Pole (a “Replacement Pole”), shall not affect the City’s ownership interest. All Replacement Poles will continue to be owned by the City, and the City will continue to have proprietary rights to such poles. Any existing City Pole that is replaced by the Licensee shall remain the property of the City. The Licensee will remove, and transport such pole to a location designated by the City within the City’s limits. As
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appropriate, Licensor may require Licensee to make design modificationsin order to comply with applicable requirements. Failure to make the requested design modi?cations shall result in an incomplete application.
5.1.6. The City Pole Application does not comply with any other requirement of this Agreement.
5.1.7. Does not comply with the City’s design guidelines for the streetscape plan at the location proposed for installation or the City’s Planning Department rules and regulations.
5.1.8. The City objects to or rejects the location for any reason set out in Section 2.1 above.
5.2 Any replacement, addition, enhancement or change of any kind to the Equipment previously approved by the City that increases the size or alters the transmitting frequency or location of the equipment will require submission of a new City Pole Application.
Additional Permits Reguired by Code. To the extent not in contravention of any applicable Law, all of the Equipment will be installed, operated and maintained by or on behalf of Licensee in accordance with applicable provisions of the Code regulating wireless communications facilities. Licensee may be required to apply for and obtain permits that are required of other occupants of the Rights-of-Way for work performed within the Rights-of-Way, and the Rights-of-Way will be used according to the plans submitted by Licensee and approved by the City in issuing a pennit. Licensor may impose on the permit only those conditions that are necessary to protect structures in the Rights- of-Way, to ensure the proper restoration of the Rights-of-Way and any structures located therein, to provide for protection and the continuity of pedestrian and vehicular traf?c, and otherwise to protect the safety of the public's utilization of the Rights-of-Way. In no event shall Licensor treat Licensee's City Pole Applications or permit applications in a more burdensome manner than Licensor treats Rights-of-Way access pennits of all other public utilities and telecommunications services providers. The requirementsof the Code are in additionto the requirementsof this Agreement.
Interference.
7.1. RF Interference. Licensee shall ensure that the Equipment will not cause radio frequency interference with Licensor traffic, public safety or other communications signal equipment existing at the time of installation of the Equipment, consistent with the applicable FCC rules in place at such time.
7.2. Existing Uses. Licensee shall not interfere in any manner with the existing uses of Licensor’s property, including sanitary sewers, water mains, storm drains, gas mains,
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poles, aerial and underground electric and telephone wires, streetlight ?xtures, cable television, and other utility and municipal property without the express written approval of the owner(s) of the affected property or properties.
7.3. Interference. Licensorreserves the right, but not the obligation, to maintain and operate its facilities in such reasonable manner as will best enable Licensorto ful?ll its own service requirements or obligations. However, Licensor agrees that any tenants, licensees, or users of the Rights—of-Wayother than Licensor, who currently have or in the future take possession of space within the Rights-of-Way will be permitted to install only such equipment that is of the type and ?equency that will not cause interference to the then existing Equipment of Licensee, consistent with the applicable FCC rules in place at such time, and will not interfere with Licensee’s use.
7.4. Remedies. Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of 48 hours following notice to the interfering party via telephone to Licensee’s Network Operations Center (“NOC”) at or to Licensor at (757) 385- 31 1l , the interfering party shall reduce power or cease operations of the interfering equipment until the interference is cured, with the exception of operations necessary to test and/or cure the interference. The Parties acknowledge that there will not be an adequate remedy at law for noncompliance with the provisions of this Section and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief and speci?c performance.
8. Emergencies.
8.1. Emergency Events. In case of an emergency due to interference, failure of traf?c light signal system, or other similar unforeseen events, Licensor may act to protect the public health and safety of its citizens, and to protect public and private property, notwithstanding any provision in this Agreement. In case of a network emergency, Licensee may access its Equipment without ?rst obtaining any otherwise necessary permit(s) or authon'zation(s) provided Licensee has conducted network trouble-shooting and diagnostic tests and has reasonably identi?ed the point or points of network failure or mal?inction. Licensee shall conduct its activities within the Rights-of-Way in such a manner as to protect public and private property. Each Party will make every reasonable effort to coordinate its emergency response with the other Party.
8.2. Emergency Contacts. Licensee's network operations center may be reached 24/7 at Licensor’s 24/7 emergency contact information is (757) 385-3111. Each Party will maintain the emergency contact information current at all times with the other Party.
Maintenance and Alterations; Safety.
9.1. Maintenance. Licensee shall keep and maintain all Equipment installed on City Pole(s) in commercially reasonable condition and in accordance with any applicable standard maintenancerequirementsof Licensor throughout the Term, normal wear and tear and
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casualty excepted. Licensee shall have the right to conduct testing and maintenance activities, and repair and replace damaged or malfunctioning Equipment at any time during the Term.
9.2. Alterations. If Licensee proposes to install or upgrade Equipmentthat materially differs from the then-existing and approved Equipment on a City Pole, as determined by Licensee in its commercially reasonably discretion, then Licensee shall submit a new City Pole Application in accordance with Section 5.2 above. In addition to any other submittal requirements, and if requested by Licensor, Licensee shall provide “load” (structural) calculations for all City Poles upon which it intends to modify Equipment. Licensee may, without prior written approval of the Licensor, make any modi?cations to its Equipment that do not result in a material change from the then-existing and approved Equipment on a City Pole.
9.3. Safety. Licensee shall insure that all Equipment installed by it or on its behalf on City Poles(s) shall be equipped with a method to depower all such Equipment in the event that City staff, its agent or subcontractorneeds to access the City Pole(s) and determines, in its sole discretion, that such Equipment should be depowered for safety reasons.
9.3.1. DepoweringProcess. The parties agree to the following process for temporary site shutdown for the purpose of maintenance work on City Poles:
(a) Emergency and Call-out: i. City employee/contractor will immediately depower the site. ii. City employee/contractor will call posted NOC number to provide information and the projected length of time of the outage. iii. Once work is complete, City employee/contractor will call NOC and let them know that power have been restored to the site. (b) Routine Maintenance: i. City dispatch will call NOC to provide 24-48 hours’ notice of depowering. ii. Upon arriving at the site, the City employee/contractor will call posted NOC number to provide infonnation that the site is being depowered and will provide the projected length of time of the outage. iii. Once work is complete, City employee/contractor will call NOC and let them know that power has been restored to the site.
10. Removal and Relocation.
10.1. Licensee shall remove and relocate the Equipment on a City Pole at its own expense to an alternative location made available by Licensor and acceptable to Licensee not later than one hundred eighty (180) days after receiving written notice that removal, relocation, and/or alteration of the Equipment is necessary due to: (i) construction, expansion, repair, relocation, or maintenance of a street or other public improvement project; or (ii) maintenance, upgrade, expansion, replacement, or relocation of City
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traf?c light poles and/or traf?c signal light system; (iii) permanent closure of a street or sale of City property; or, (iv) at the sole discretion of City, intentional or unintentional failure to operate of Equipment for a period in excess of six (6) months.
10.2. If Licensee shall fail to relocate any Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall, upon prior notice, be entitled to remove or relocate the Equipment at Licensee’s sole cost and expense. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property a?er removal within forty- ?ve (45) days of the date of a written demand for this payment from the Licensor. Nothing in this Section shall be construed as preventing Licensee from recovering the costs of removal and/or relocation of its facilities from a nongovernmental third-party responsible for the removal and/or relocation.
10.3. Licensee and Licensor shall cooperate to the extent possible to assure continuity of service during relocation of Equipment. Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternative location.
11. Indemnity.
11.1. Licensee shall indemnify, defend and hold the City, its employees, of?cers, elected of?cials, agents and contractors (the “Indemni?ed Parties”) hannless from and against all injury, loss, damage, liability, costs or expenses arising from any third party claims resulting from the installation, use, maintenance, repair or removal of the Equipment or Licensee’s breach of any provision of this Agreement. The indemnity provided for in this paragraph shall not apply to any liability resulting from the negligence or willful misconduct of the City or other Indemni?ed Party.
11.2. The City shall give prompt written notice to Licensee of any claim for which the City seeks indemni?cation. Licensee shall have the right to investigate these claims with prompt notice to the City attorney. Licensee shall not settle any claim subject to this Section without the consent of the City, unless the settlement (i) will be fully ?inded by Licensee, and (ii) does not contain an admission of liability or wrongdoing by any Indemni?ed Party. Any required approval shall not be unreasonably withheld, delayed or conditioned.
11.3. Neither party will be liable under this Agreement for consequential, indirect, or punitive damages (including lost revenues, lost pro?ts, loss of equipment, interruption, loss of service, or loss of data) for any cause of action, whether in contract, tort, or otherwise, even if the party was or should have been aware of the possibility of these damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise.
12. Insurance.
12.1. Licensee and its subcontractors shall carry during the Term, at their own cost and
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expense by either a commercially available insurance policy or a self-insurance plan recognizedby the State of Virginia that include the following insurance: (i) commercial general liability insurance and cyber liability insurance in an amount of $2,000,000 per occurrence and $3,000,000 general aggregate and which provides coverage for bodily injury, death, damage to or destruction of property of others, including loss of use thereof, loss or release of data and any liability therefore, and including products and completed operations; (ii) Workers’ Compensation Insurance as required by law; and (iii) employers’ liability insurance in an amount of $500,000 bodily injury each accident, $500,000 disease each employee, and $500,000 disease policy limit.
12.2. The insurance coverages identi?ed in this Section: (i) except the workers’ compensation insurance, shall include the City as an additional insured as their interests may appears under this Agreement; (ii) will be primary and non-contributory with respect to any self- insurance or other insurance maintained by the City; (iii) contain a waiver of subrogation for the City’s bene?t; and (iv) will be obtained from insurance carriers having an A.M Best rating of at least A-VII.
12.3. Prior to any work being performed hereunder, Licensee shall provide the City with a Certi?cate of Insurance determined by the City to be necessary to provide evidence of the coverage required by this Section.
12.4. Licensee will endeavor to provide the City with thirty (30) days prior written notice of cancellation upon receipt of notice thereof from its insurer(s).
13. Transfers by Licensee.
13.1. Consent Reguired. Licensee shall not assign or otherwise transfer all or any part of Licensee’s interest, rights, and duties in this Agreement, or sublet the area licensed hereunder or any portion thereof to be occupied by anyone other than Licensee,without Licensor's prior written consent in each instance, which consent shall not be unreasonably withheld, conditioned, or delayed. Any transfer that is not in compliance with this Section shall be void.
13.2. Permitted Transfers. Notwithstandingthe foregoing, Licensee may, without the consent of Licensor, assign this Agreement, any City Pole License,and/or related permits to any entity which (i) shall Control, be under the Control of, or be under common Control with Licensee; (ii) is a successor to Licensee either by merger or other consolidation of Licensee; (iii) reorganization under Chapter 1l of the United States Bankruptcy Code, or (iv) acquires all or substantially all of the Licensee’s assets in the market de?ned by the FCC in which the Municipal Facility is located, provided that such entity is bound by all of the terms and conditions of this Agreement. Licensee shall provide the City notice of any such assignment within a reasonable period of time after the consummation thereof.
13.3. Change of Control; Security Interests; Capacity. The following shall not constitute a transfer pursuant to this Section or require consent: (i) a change of stock ownership,
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partnership interest or control of Licensee or transfer upon partnership or corporate dissolution of Licensee; (ii) a mortgage or grant of security interest to any mortgagees or holders of security interest, including their successors or assigns, provided such holders of interests are subject to all of the terms of this Agreement; or (iii) the provision of capacity, bandwidth or grant of use in the Equipment, or any portion thereof, to another person, provided that Licensee shall at all times retain control over the entire Equipment and remain fully responsible for compliance with the terms of this Agreement; Licensor hereby acknowledges the ability to lease capacity under legal compulsion, based on certain current provisions of applicable law, as interpretedby the Federal Communications Commission (FCC) in its Report and Order (CS Docket No. 97-151), FCC 98-20 released and adopted February 6, 1998.
14. Miscellaneous.
14.1. Governing Law. This Agreement shall be govemed by the laws of the Commonwealth of Virginia and applicable federal laws.
14.2. Change of Law. If, at any time during the term of this Agreement, any federal or state law or regulation or any binding judicial interpretation thereof sets forth a term or provision applicable to the subject matter hereof, which is inconsistent with, or different than, a term or provision of this Agreement, then this agreement is void and the Parties agree to promptly renegotiate the Agreement to effect the term or provision set forth under the law, regulation or binding judicial interpretation, as the case may be.
14.3. No Waiver. None of the material provisions of this Agreement may be waived or modified except expressly in writing signed by the Licensee and Licensor. Failure of either Party to require the performance of any term in this Agreement or the waiver by either Party of any breach thereof shall not prevent subsequentenforcement of this term and shall not be construed or deemed a waiver of any subsequent breach.
14.4. Notices. Notices required by this Agreement may be given by registered or certified mail by depositing the same in the United States mail or with a commercial courier. Either Party shall have the right, by giving written notice to the other, to change the address at which its notices are to be received. Until any such change is made, notices shall be delivered as follows:
If to Licensor: With a copy to:
City of Newport News City of Newport News City Manager Office of the City Attorney 2400 Washington Ave. 2400 Washington Ave. Newport News, VA 23607 Newport News, VA 23607
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If to Licensee: With a copy to:
Notices shall be deemed effective upon delivery or refusal of delivery.
14.5. Counterparts and Electronic Copies. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be an original for all purposes, but all such counterparts shall together constitute but one and the same instrument. A scanned or electronically reproduced copy of this fully executed Agreement shall have the same legal effect as an original signed version of this Agreement.
14.6. Non-Severability. This Agreement is being approved due, in part, to the effects of each and every provision contained herein; therefore, the provisions contained in this Agreement are not severable; in the event that any provision contained herein, or part thereof, is found by a court of competent jurisdiction to be invalid, unconstitutional, or otherwise unenforceable, then this Agreement and the duties and rights grant by this Agreement shall cease, unless otherwise agreed to by both parties. If this Agreement becomes void as a result of a provision or a part thereof, or provisions herein, being ruled invalid, unconstitutional or otherwise unenforceable, the User shall be afforded the right to reapplyfor a franchise agreement which may be granted at the City Council’s discretion.
14.7. Binding Effect. This Agreement shall be binding upon and shall inure to the bene?t of the Parties hereto and their respective successors and permitted assigns, and shall not be modified except by an express written agreement signed by a duly authorized representative of both Parties.
14.8. Force Majeure. Neither Party shall be responsible for delays in the performance of its obligations caused by events beyond the Party's reasonable control, including, but not limited to, acts of God.
14.9. Attachments and Exhibits. All attachments and exhibits to this Agreement are hereby made a part hereof as if fully set out herein.
14.10. Entire Agreement. This Agreement embodies the complete agreement of the Parties, superseding all oral or written previous and contemporary agreements between the Parties relating to this Agreement. In the event of any con?ict in contractual interpretation between this City Pole License and the Agreement, the terms and conditions of the City Pole License shall govern, provided however that any future amendments or modi?cations to the Agreement shall simultaneously apply and serve to
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amend or modify the City Pole License without the need by either Party to provide notice of such to the other.
14.11.Authority to Execute. Any individual executing this Agreement on behalf of a represents and warrants that he or she is duly authorized to execute and deliver this
Agreement on behalf of Z, and this Agreement is binding upon _ in accordance with its terms. The City Manager has been authorized by the City Council of the City of Newport News in Ordinance No. to execute this Agreement.
[Remainder ofpage intentionally leftblank; signature page t0f0llow.]
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IN WITNESS WHEREOF, the Parties have executed, or caused their respective duly authorized representatives to execute, this Agreement as of the day and year listed below.
CITY OF NEWPORT NEWS
By: City Manager (SEAL)
ATTEST: Mabel Washington Jenkins, MMC City Clerk
COMMONWEALTH OF VIRGINIA CITY OF NEWPORT NEWS, to-wit:
The foregoing instrument was acknowledged before me this day of , 20_, by Cynthia D. Rohlf, City Manager of the City of Newport News, on its behalf. She is personally known to me.
Notary Public
My commission expires: Registration No.:
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Director, Engineering Deputy City Attorney
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Title:
Date:
COMMONWEALTH OF VIRGINIA CITY / COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this day of
on its behalf. He/She is personallyknown to me.
Notary Public
My commission expires:
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EXHIBIT A Form of Application for City Pole License
City Pole License Application No. _ For Attachment of Wireless Communications Facilities to City Pole(s)
Applieant/Licensee: Governing Agreement: Wireless Communications Facilities Master License Agreement dated (“Master License Agreement”) Date:
Pole Type City Site Lat/Long Coordinates General Equipment Annual Site ID # ID # Description Fee (per Pole) [Streetlight] $
*Aggregate Annual Fee: $
*Aggregate Annual Fee to commence and be paid consistent with the terms of the Master License Agreement.
APPLICANT SHALL PROVIDE THE FOLLOWING IF/AS APPLICABLE: Site plan and engineering design and specifications for installation of Equipment, including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, transport solution, electrical distribution panel, electric meter, and electrical conduit and cabling. Where applicable, the design documents should include specifications on design, pole modification, and ADA compliance. Load bearing study that determines whether the City pole requires reinforcement or replacement in order to accommodate attachment of Equipment. If pole reinforcement or replacement is warranted, the design documents should include the proposed pole modi?cation. If the proposed installation will require reinforcement or replacement of an existing City Pole, provide applicable design and specification drawings. The number, size, type and proximity to the facilities of all communications conduit(s) and cables to be installed. Description ofthe utility services required to support the facilities to be installed. All necessary permits and letters of autliorization from all affected parties. List of the contractors and subcontractors, and their contact information, authorized to work on the project.
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THE CITY WILL PROCESS THIS APPLICATION WITHIN 30 DAYS OF RECEIPT DATE, UNLESS AN AGREEMENT IS EXECUTED BY APPLICANT AND THE CITY TO EXTEND THE APPROVAL DATE.
APPLICANT SIGNATURE: PRINTED NAME: TITLE:
------FOR CITY USE
RECEIPT DATE: APPLICATION NO.: APPROVED BY: PRINT NAME: TITLE: CITY POLE LICENSE APPROVAL DATE:
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Agenda Item Summary City Council Regular Meeting January 14, 2020
SECTION: Other City Council Actions ITEM: Ordinance Amending and Reordaining City Code, Chapter 26, Motor Vehicles and Traffic; Article I., In General, By Adding Section 26-9.2, Use of Video-Monitoring Systems to Enforce Law Against Passing Stopped School Buses DEPARTMENT: City Manager
STRATEGIC PRIORITIES ALIGNMENT:
☒ ☐ ☐ ☐ ☐ ☐ ☐ Health, Safety Education & Opportunity & Fun, Welcoming Quality Environmental & Well-being Learning Economic Entertainment Communities & Government & Stewardship & Prosperity & Culture Connected Innovation Sustainability Neighborhoods
ACTION: A Request to Adopt an Ordinance Amending and Reordaining City Code, Chapter 26, Motor Vehicles and Traffic; Article I., In General, By Adding Thereto a New Section, Namely: Section 26-9.2, Use of Video-Monitoring Systems to Enforce Law Against Passing Stopped School Buses.
BACKGROUND INFORMATION: The Newport News Public Schools (NNPS) System has approached the City to request that it adopt an ordinance that would allow NNPS to begin an enforcement program that will identify stopped school bus red light runners, with the goal of modifying this illegal behavior by drivers.
State Code Section 46.2-844 enables localities to adopt laws that will levy a $250 penalty on drivers who violate this law, and permits school divisions to install and operate a video monitoring system to aid in this enforcement effort. NNPS desires to establish a program that is “turn-key” in nature; NNPS would enter into a contract with a provider that provides complete services from installing bus cameras, camera maintenance, to fine collections.
An initial portion of the 335 current school bus fleet will be equipped with the camera enforcement system, with the anticipation that more buses could be added depending on the
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resulting program bid and subsequent contract language.
A necessary component of this program includes the Newport News Police Department, to evaluate the identified violation and to certify that an illegal school bus passing had occurred. To perform this function, a police officer position will be added to the Police Department, and dedicated to this program. The position will be fully funded by the revenue generated by the civil fines; this includes investigating the violations and attending court for those who wish to contest the violation charge.
It is the intent that this program will be self-sufficient based on the revenue generated from the civil fines. The program vendor will be paid by the fines, with the balance of the fines collected by the City Treasurer, to cover the cost of the Police Officer. Any remaining civil fine balance funds will go to NNPS to be allocated to direct and indirect programmatic costs.
CITY MANAGER RECOMMENDATION: The City Manager recommends approval.
ATTACHMENTS:
Ordinance Amending Chpt 26 Motor Vehicles and Traffic by Adding Sec. 26-9.2 Use of Video Montioring Systems to enforce law against passing stopped school buses
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ORDINANCE NO. ______
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 26-9.2, USE OF VIDEO-MONITORING SYSTEMS TO ENFORCE LAW AGAINST PASSING STOPPED SCHOOL BUSES.
BE IT ORDAINED by the Council of the City of Newport News, Virginia:
That Chapter 26, Motor Vehicles and Traffic, of the Code of the City of Newport News, Virginia, Article I., In General, be, and the same hereby is, amended and reordained, by adding thereto a new section, namely: Section 26-9.2, Use of video-monitoring systems to enforce law against passing stopped school buses:
CHAPTER 26
MOTOR VEHICLES AND TRAFFIC
ARTICLE I. IN GENERAL
Sec. 26-9.2 Use of video-monitoring systems to enforce law against passing stopped school buses.
(a) The School Board for the City of Newport News is hereby authorized to install and operate a video-monitoring system, as defined by Virginia Code § 46.2-844, in or on the school buses operated by the School Board or to contract with a private vendor to do so on behalf of the School Board for the purpose of recording violations of subsection A of Virginia Code § 46.2-844. Virginia Code § 46.2-844 has been incorporated by reference into the Newport News City Code pursuant to Section 26-8.
(b) Any civil penalty levied for a violation of subsection A of Virginia Code § 46.2- 844, as incorporated by reference into the Newport News City Code by Section 26-8, shall be payable to the city treasury. The city treasurer shall remit to the School Board all civil penalty amounts received in respect to such violations that remain, if any, after crediting the city’s general fund with an amount equal to the costs incurred by the city in administering the enforcement of the video-monitoring system.
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