City Council

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nngov.com AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING JULY 9, 2013 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation - Rev. George Chioros, Saint Constantine and Helen Greek Orthodox Church C. Pledge of Allegiance to the Flag of the United States of America Grace United Methodist Church, Boy Scouts of America Troop 27 D. Presentations 1. Proclamation: 2013 Coretta Scott King - Virginia Hamilton Award For Lifetime Achievement E. Public Hearings None Advertised F. Consent Agenda 1. Minutes of the Regular Meeting of June 25, 2013 2. Ordinance Amending City Code, Chapter 10, Bicycles, Motorized Scooters, or Electric Power-Assisted Bicycles and Mopeds 3. Ordinance Amending City Code, Chapter 30, Pawnbrokers, Buyers of Old Gold and Silver; Article I., Pawnbrokers 4. Ordinance Amending City Code, Chapter 32, Police; Article I., In General; Section 32-4, Charges for Certain Records and Services G. Other City Council Actions 1. Resolution Authorizing the City Manager to Make a Donation of a Surplus Vehicle to The  Virginia Military Preservation Association (VMPA). 2. Resolution Approving Issuance by the Industrial Development Authority (IDA) of the City of Newport News, Virginia of Student Housing Revenue Bonds, for the Benefit of Rappahannock Hall at Christopher Newport University LLC 3. Resolution Approving Issuance by Newport News Redevelopment and Housing Authority (NNRHA) of Multi-Family Housing Revenue Bonds for the Benefit of North Jefferson Square Apartments H. Appropriations 1. Newport News Victim-Witness Assistance Program - Virginia Department of Criminal Justice Services (DCJS) Grant - $301,522 2. Libraries and Information Services - FY 2013 Capital Improvements Plan (CIP): Library System Renovations and Expansion - $445,000 3. Department of Engineering - FY 2013 Bond Authorization Streets and Bridges Category - Campbell Road Sidewalk Project - $500,000 4. Department of Information Technology (IT) - FY 2014 Information Technology Investment Fund - $1,450,000 I. Citizen Comments on Matters Germane to the Business of City Council *J. New Business and Councilmember Comments 1. Interim City Manager 2. City Attorney 3. City Clerk 4. Woodbury 5. Bateman 6. Coleman 7. Price 8. Scott 9. Vick 10. Whitaker K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER "CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL." A. Call to Order B. Invocation – Rev. George Chioros, Saint Constantine and Helen Greek Orthodox Church C. Pledge of Allegiance to the Flag of the United States of America – Grace United Methodist Church, Boy Scouts of America Troop 27 D. Presentations E. Public Hearings 1. None Advertised F. Consent Agenda 1. Minutes of the Regular Meeting of June 25, 2013 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of Regular Meeting of June 25, 2013 F. Consent Agenda 2. Ordinance Amending City Code, Chapter 10, Bicycles, Motorized Scooters, or Electric Power-Assisted Bicycles and Mopeds ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 10, BICYCLES, MOTORIZED SCOOTERS, OR ELECTRIC POWER-ASSISTED BICYCLES AND MOPEDS TO ENSURE COMPLIANCE WITH THE CODE OF VIRGINIA. BACKGROUND: l Chapter 10 of the City Code regulates the operation of mopeds. l During the 2013 Legislative Sessions, the General Assembly changed State Code to require moped operators to carry government-issued photo identification. l The proposed amendment will amend City Code, Chapter 10 to parallel the Code of Virginia requirements. l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material Code Amendment to Bicycles, Motorized Scooters, or Electric Power-Assisted Bicycles and Mopeds Ord Amending Sec. 10-37 sdm11827 ORDINANCE NO. _________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 10, BICYCLES, MOTORIZED SCOOTERS, OR ELECTRIC POWER-ASSISTED BICYCLES AND MOPEDS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY AMENDING ARTICLE II., EQUIPMENT AND OPERATING RULES, SECTION 10-37, CERTAIN SAFETY EQUIPMENT REQUIRED FOR MOPED OPERATORS AND PASSENGERS; IDENTIFICATION REQUIRED. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 10, Bicycles, Motorized Scooters, or Electric Power-Assisted Bicycles and Mopeds, of the Code of the City of Newport News, Virginia, Article II., Equipment and Operating Rules, Section 10-37, Certain safety equipment required for moped operators and passengers; identification required, be, and the same hereby is, amended and reordained as follows: CHAPTER 10 BICYCLES, MOTORIZED SCOOTERS, OR ELECTRIC POWER-ASSISTED BICYCLES AND MOPEDS ARTICLE II. EQUIPMENT AND OPERATING RULES. Sec. 10-37. Certain safety equipment required for moped operators and passengers; identification required. (a) Every person operating a moped on a roadway shall wear a face shield, safety glasses, or goggles of a type approved by the Superintendent of the Department of State Police of the Commonwealth of Virginia, or shall have his moped equipped with safety glass or a windshield at all times while operating such moped. (b) All operators and passengers of mopeds shall wear protective helmets of a type approved by the Superintendent of the Department of State Police of the Commonwealth at all times while operating or riding such moped. (c) Pursuant to Section 46.2-915.2 of the Code of Virginia, 1950, as amended, violation of this section shall not constitute negligence, be considered in mitigation of damages of whatever nature, be admissible in evidence or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation, ownership, or maintenance of a moped or motor vehicle, nor shall anything in this section change any existing law, rule, or procedure pertaining to any such civil action. (d) Every person operating a moped on a roadway shall carry some a government-issued form of photo identification that includes his name, address, and date of birth. (e) Any person who knowingly violates this section shall be guilty of a traffic infraction and subject to a fine of fifty dollars ($50.00). 2. That this ordinance shall be in effect on and after the date of its adoption, July 9, 2013. 2 F. Consent Agenda 3. Ordinance Amending City Code, Chapter 30, Pawnbrokers, Buyers of Old Gold and Silver; Article I., Pawnbrokers ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 30, PAWNBROKERS, BUYERS OF OLD GOLD AND SILVER; ARTICLE I., PAWNBROKERS, TO ENSURE COMPLIANCE WITH THE CODE OF VIRGINIA. BACKGROUND: l Chapter 30 of the City Code regulates the pawnbroker business. l During the 2013 Legislative Sessions, the General Assembly changed State Code pertaining to retaining a digital image of the form of identification used by the person(s) pawning items. l The changes to Chapter 30 comply with State Code changes. l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material Memo re Code Amendment to Pawnbrokers, Buyers of Old Gold and Silver Ord Amending Pawnbrokers and Buyers of Gold and Silver sdm11826 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 30, PAWNBROKERS; JUNK AND SECONDHAND DEALERS; BUYERS OF OLD GOLD AND SILVER, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY AMENDING ARTICLE I., PAWNBROKERS; SECTION 30-5, SALE OF GOODS PAWNED, SECTION 30-6, INTEREST CHARGEABLE, SECTION 30-7, RECORDS TO BE KEPT; CREDENTIALS OF PERSON PAWNING GOODS, SECTION 30-8, DAILY REPORTS, SECTION 30-10, PROPERTY PAWNED NOT TO BE DISFIGURED OR CHANGED; AND ARTICLE III. BUYERS OF GOLD AND SILVER; SECTION 30-32, RECORDS TO BE KEPT; COPY FURNISHED TO LOCAL AUTHORITIES. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 30, Pawnbrokers; Junk and Secondhand Dealers; Buyers of Old Gold and Silver, of the Code of the City of Newport News, Virginia, Article I., Pawnbrokers, Section 30-5, Sale of goods pawned, Section 30-6, Interest chargeable, Section 30-7, Records to be kept; credentials of person pawning goods, Section 30-8, Daily reports, Section 30-10, Property pawned not to be disfigured or changed; and Article III., Buyers of Gold and Silver, Section 30-32, Records to be kept; copy furnished to local authorities, be, and the same hereby is, amended and reordained as follows: CHAPTER 30 PAWNBROKERS; JUNK AND SECONDHAND DEALERS; BUYERS OF OLD GOLD AND SILVER ARTICLE I. PAWNBROKERS Sec. 30-5. Sale of goods pawned. No pawnbroker shall sell any pawn or pledge item until (i) it has been in his possession for the minimum term set forth in the memorandum, but not less than thirty (30) days plus a grace period of fifteen (15) days and (ii) a statement of ownership is obtained from the pawner. If a motor vehicle is pawned, the owner of the motor vehicle shall comply with the requirements of § 46.2-637 of the Code of Virginia, as amended. In the event of default by the pawner, the pawnbroker shall comply with the requirements of § 46.2-633, of the Code of Virginia, as amended. Otherwise, the pawnbroker shall comply with the requirements of § 46.2-636, et seq, of the Code of Virginia, as amended. All sales of items pursuant to this section may be made by the pawnbroker in the ordinary course of his business. Sec. 30-6. Interest chargeable. (a) No pawnbroker shall ask, demand or receive a greater rate of interest than ten (10) percent per month on a loan of twenty-five dollars ($25.00) or less, or seven (7) percent per month on a loan of more than twenty-five dollars ($25.00) and less than one hundred dollars ($100.00), or five (5) percent per month on a loan of one hundred dollars ($100.00) or more, secured by a pledge of tangible personal property. No loan shall be divided for the purpose of increasing the percentage to be paid the pawnbroker. Loans may be renewed based on the original loan amount. Loans may not be issued that compound the interest or storage fees from previous loans on the same item. (b) An annual percentage rate computed and disclosed under the provisions of the federal Truth-in-Lending Act shall not be deemed a violation of this section. Sec. 30-7. Records to be kept; credentials of person pawning goods. (a) Every pawnbroker shall keep at his place of business an accurate and legible record of each loan or transaction in the course of his business, including transactions in which secondhand goods, wares or merchandise is are purchased for resale. The account shall be recorded at the time of the loan or transaction and shall include: (1) A description, serial number, and a statement of ownership of the goods, article or thing pawned or pledged or received on account of money loaned thereon, or purchased for resale; (2) The time, date and place of the transaction; (3) The amount of money loaned thereon at the time of pledging the same, or paid as the purchase price; (4) The rate of interest to be paid on such loan; (5) The fees charged by the pawnbroker, itemizing each fee charged; (6) The full name, residence address, telephone number, and driver's license number or other form of identification of the person pawning, pledging or selling the goods, article or thing, together with a particular description, including the height, weight, 2  date of birth, race, gender, hair and eye color, and any other identifying marks, of such person; (7) Verification of the identification by the exhibition of a government-issued identification card bearing a photograph of the person pawning, pledging, or selling the goods, article or thing, such as a driver's license or military identification card. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon; (8) A digital image of the form of identification used by the person involved in the transaction; (89) As to loans, the terms and conditions of the loan, including the period for which any such loan may be made; and (910) All other facts and circumstances respecting such loan or purchase. (b) A pawnbroker may maintain at his place of business an electronic record of each transaction involving goods, articles or things pawned or pledged or purchased. If maintained electronically, a pawnbroker shall retain the electronic records for at least one year after the date of the transaction and make such electronic records available to any duly authorized law-enforcement officer upon request. (c) For each loan or transaction, a pawnbroker may charge a service fee for making the daily electronic reports to the appropriate law-enforcement officers required by § 54.1-4010 of the Code of Virginia, as amended, creating and maintaining the electronic records required under this section, and investigating the legal title to property being pawned or pledged or purchased. Such fee shall not exceed five percent of the amount loaned on such item or paid by the pawnbroker for such item or $3, whichever is less. (d) No goods, article, or thing shall be pawned or pledged or received on account of money loaned or purchased for resale if the original serial number affixed to the goods, article, or thing has been removed, defaced, or altered. (be) The Newport News Chief of Police shall adopt regulations consistent with the regulations promulgated by the Superintendent of State Police specifying the nature of the particular description for the purposes of subdivision (a)(6) above. The Newport News Chief of Police shall adopt regulations consistent with the regulations promulgated by the Superintendent of State Police specifying the nature of identifying credentials of the person pawning, pledging or selling the goods, article or thing. Such credentials shall be examined by the pawnbroker, and an appropriate record retained thereof. 3 Sec. 30-8. Daily reports. Every pawnbroker shall prepare a daily report of all goods, articles or things pawned or pledged with him or sold to him that day and shall file such report by noon of the following day with the Chief of Police for the City of Newport News, Virginia. The report shall include the pledgor's or seller's name, and residence, and driver's license number or other form of identification, and a photograph or digital image of the form of identification used by the pledgor or seller; and a description of the goods, articles or other things pledged or sold. Daily reports shall be maintained in an electronic format as identified by the chief of police, and shall be filed by each pawnbroker by electronic mail or any other electronic means of reporting approved by the chief of police. Sec. 30-10. Property pawned not to be disfigured or changed. No property received on deposit or pledge or purchased by any pawnbroker shall be disfigured or its identity destroyed or affected in any manner (i) so long as it continues in pawn or in the possession of the pawnbroker while in pawn, nor shall any property be concealed for forty-eight (48) hours after the property is received by the pawnbroker while in pawn. or (ii) in an effort to obtain a serial number or other information for identification purposes. ARTICLE III. BUYERS OF GOLD AND SILVER Sec. 30-32. Records to be kept; copy furnished to local authorities. (a) Every dealer shall keep at his place of business an accurate and legible record of each purchase of precious metals or gems. The record of each purchase shall be retained by the dealer for at least twenty-four (24) months and shall set forth the following: (1) A complete description of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers or other identifying marks or monograms on each item purchased, the true weight or carat of any gem, and the price paid for each item; (2) The date, time and place of receiving the items purchased; (3) The full name, residence address (in addition to any post office box number, if any), work place, home and work telephone numbers, date of birth, sex, race, height, weight, hair and eye color, and other identifying marks of the person selling the precious metals or gems; 4  (4) Verification of the identification by the exhibition of a government-issued identification card bearing the photograph of the person selling the precious metals or gems, such as a driver's license or military identification card. The record shall contain the type of identification exhibited, the issuing agency and the number thereon; and a photocopy thereof, if possible; and (5) A statement of ownership from the seller.; and (6) A digital image of the form of identification used by the person involved in the transaction. (b) The information required by subdivisions (1) through (3) of subsection (a) of this section shall appear on each bill of sale for all precious metals and gems purchased by a dealer and a copy shall be mailed or delivered within twenty-four (24) hours of the time of purchase to the chief of police. 2. That this ordinance shall be in effect on and after the date of its adoption, July 9, 2013. 5 F. Consent Agenda 4. Ordinance Amending City Code, Chapter 32, Police; Article I., In General; Section 32- 4, Charges for Certain Records and Services ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 32, POLICE; ARTICLE I., IN GENERAL; SECTION 32-4, CHARGES FOR CERTAIN RECORDS AND SERVICES. BACKGROUND: l Chapter 32 of the City Code outlines the costs for various services provided by the Police Department, such as copies of reports and criminal history checks. l One of the services that was provided by the Police Department prior to 2004 was the background investigation for applicants for special conservators of the peace. l In 2004, the Code of Virginia was changed regarding the procedures for obtaining conservator status and the background investigation is now conducted by the Department of Criminal Justice Services (DCJS). l This amendment will bring City Code language in line with the Code of Virginia. l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material Memo re Amendment of Chapter 32 Ord Amending Sec. 32-4 sdm11824 ORDINANCE NO. _________________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 32, POLICE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY AMENDING ARTICLE I., IN GENERAL, SECTION 32-4, CHARGES FOR CERTAIN RECORDS AND SERVICES. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 32, Police, of the Code of the City of Newport News, Virginia, Article I., In General, Section 32-4, Charges for certain records and services, be, and the same hereby is, amended and reordained as follows: CHAPTER 32 POLICE ARTICLE I. IN GENERAL Sec. 32-4. Charges for certain records and services. (a) Unless otherwise prohibited by law, the police department is authorized to furnish photostatic copies of accident reports, offense reports, photographs of motor vehicle accidents and other photographs and to make record checks and reports (local record only) and take fingerprints of individuals on request. (b) For the above services, a fee shall be charged as follows: (1) Photostatic copy of accident report .....$10.00 (2) Photostatic copy of offense report .....10.00 (3) Criminal history check by name (with copy) (local record only) .....10.00 (4) Fingerprinting of individuals (when voluntarily requested by any person for purposes other than criminal violations): a. For the first card .....10.00 b. For each successive card .....5.00 (5) Photographs, each print .....10.00 (c) For special conservator of the peace applicants, a fee in the amount of three hundred dollars ($300.00) shall be charged for background investigations performed by the police department.  2. That this ordinance shall be in effect on and after the date of its adoption, July 9, 2013. 2 G. Other City Council Actions 1. Resolution Authorizing the City Manager to Make a Donation of a Surplus Vehicle to The Virginia Military Preservation Association (VMPA). ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO MAKE A DONATION OF A SURPLUS VEHICLE TO THE VIRGINIA MILITARY PRESERVATION ASSOCIATION (VMPA) THROUGH THE NEWPORT NEWS FIRE DEPARTMENT (NNFD). BACKGROUND: l The Fire Department has maintained a 1969 military cargo vehicle for a number of years, but the age of this vehicle and the cost of maintenance has increased to an unacceptable level. l The Virginia Military Preservation Association (VMPA) has contacted the City with a request that the City consider donating the surplus vehicle to their organization. l The donation of this vehicle requires City Council authorization. FISCAL IMPACT: l The value of the donation is $2,000 "as is". l The Interim City Manager recommends approval. Supporting Material Request for Donation of Surplus Vehicle Donation Request Reso Approving the Donation of a Surplus 1969 Jeep Kaiser sdm11828 RESOLUTION NO. _______________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING THE DONATION OF A SURPLUS 1969 JEEP KAISER TO THE VIRGINIA MILITARY PRESERVATION ASSOCIATION. WHEREAS, the City Manager, through the Acting Fire Chief, has identified a 1969 Jeep Kaiser 5 Ton Military Cargo Truck which is surplus and which may be donated to the Virginia Military Preservation Association; and WHEREAS, the Virginia Military Preservation Association is a nonprofit organization which engages in the commemoration of historical events, namely by displaying antique military vehicles and equipment at local and statewide historical shows and events; and WHEREAS, the City Manager has recommended, and the City Council concurs, that the surplus military wrecker be donated to the Virginia Military Preservation Association. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it desires to, and hereby does, donate a surplus 1969 Jeep Kaiser (Vehicle Identification No. 05A39870012510186) to the Virginia Military Preservation Association. 2. That the donated vehicle shall not in any way be warranted by the City and shall be donated in “as is” condition. 3. That this resolution shall be in effect on and after the date of its adoption, July 9, 2013. G. Other City Council Actions 2. Resolution Approving Issuance by the Industrial Development Authority (IDA) of the City of Newport News, Virginia of Student Housing Revenue Bonds, for the Benefit of Rappahannock Hall at Christopher Newport University LLC ACTION: A REQUEST TO APPROVE A RESOLUTION APPROVING ISSUANCE BY THE INDUSTRIAL DEVELOPMENT AUTHORITY (IDA) OF THE CITY OF NEWPORT NEWS, VIRGINIA, OF STUDENT HOUSING REVENUE BONDS, IN AN AMOUNT NOT TO EXCEED $55 MILLION FOR THE BENEFIT OF RAPPAHANNOCK HALL AT CHRISTOPHER NEWPORT UNIVERSITY LLC, WHOSE SOLE MEMBER IS CHRISTOPHER NEWPORT UNIVERSITY REAL ESTATE FOUNDATION. BACKGROUND: l Rappahannock Hall at Christopher Newport University LLC (Rappahannock), has filed an application and plan of finance with the IDA for the issuance of IDA’s Student Housing Revenue Bonds in an amount not to exceed $55 million. l Bond proceeds would assist Rappahannock in financing or refinancing the acquisition, construction and equipping of property located at 12401 Warwick Boulevard at the corner of Prince Drew Drive. l After appropriate public advertising, the Bond issuance was approved by the IDA at its July 2, 2013 meeting. l To comply with certain bond requirements for the benefit of a project located in Newport News, City Council must approve a resolution providing jurisdictional approval of the issuance of the bonds for this project. FISCAL IMPACT: l This approval requires no financial commitment from the City, or the issuer IDA. l The Interim City Manager recommends approval. Supporting Material Memo re CNU Student Housing Excerpt of Minutes Fiscal Impact Statement IDA Resolution No 7-1 Notice of Public Hearing Reso re Approving Issuance of Bonds by the IDA for CNU sdm11839 RESOLUTION NO. ____________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, FOR JURISDICTIONAL APPROVAL OF THE ISSUANCE OF UP TO $55,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA, FOR THE BENEFIT OF RAPPAHANNOCK HALL AT CHRISTOPHER NEWPORT UNIVERSITY LLC. WHEREAS, the Industrial Development Authority of the City of Newport News, Virginia (the “Authority”), has considered the application and plan of financing of Rappahannock Hall at Christopher Newport University LLC (the “Borrower”), whose principal business address is One Avenue of the Arts, Newport News, Virginia 23606, and whose sole member is the Christopher Newport University Real Estate Foundation (the “Foundation”), which is a non-stock Virginia corporation, and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), that is exempt from tax under Section 501(a) of the Code, for the issuance of the Authority’s revenue bonds in an amount not to exceed $55,000,000 (the “Bonds”) to assist the Borrower and the Foundation in financing or refinancing: (a) the acquisition, construction and equipping of a 250,000 square foot residence hall which contains 461 student rooms and an adjacent 92,000 square foot parking garage, located on the campus of Christopher Newport University at 12401 Warwick Boulevard in the City of Newport News, Virginia (collectively, the “Project”); (b) funding a reserve fund for the Bonds, if required; (c) paying capitalized interest on the Bonds, if any; and (d) paying the costs of issuing the Bonds; and WHEREAS, the Authority has acknowledged that the Borrower will own the Project and may benefit from the issuance of the Bonds; and WHEREAS, pursuant to the requirements of Section 147(f) of the Code, the Authority has held a public hearing regarding these matters and the issuance of the Bonds on behalf of the City of Newport News, Virginia (the “City”) on July 2, 2013, a date within sixty (60) days prior to the date of the adoption of this Resolution; and WHEREAS, Section 147(f) of the Code and the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the “Act”), provide that the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the Bonds; and WHEREAS, the Authority issues its bonds on behalf of the City, the Project is located in the City and the Council of the City of Newport News, Virginia (the “City Council”) constitutes the highest elected governmental unit of the City and must approve the issuance of the Bonds in order for the interest on the Bonds to be entitled to certain exemptions from taxation provided by the Code; and WHEREAS, on July 2, 2013, the Authority adopted a resolution approving the issuance of the Bonds by the Authority (the “Resolution”) and recommending that the City Council approve the issuance of the Bonds by the Authority to comply with Section 147(f) of the Code and Section 15.2-4906 of the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA: 1. The recitals made in the preamble to this Resolution are hereby adopted as a part of this resolution. 2. The Council of the City of Newport News, Virginia approves the issuance of the Bonds for all purposes for which such approval is required, including without limitation, Section 147(f) of the Code and Section 15.2-4906 of the Act. 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Code and Section 15.2-4906 of the Act, does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Project or the Borrower, and the Bonds shall provide that the City of Newport News shall not be obligated to pay the principal of the Bonds or the interest thereon or other costs incident thereto and neither the faith and credit nor the taxing power of the City of Newport News shall be pledged thereto. 4. The City Clerk is hereby instructed to forward a copy of this resolution to the Authority and the Borrower. 5. This Resolution shall be in effect on and after the date of its adoption, July 9, 2013.  CERTIFICATE The undersigned Clerk of the Council of the City of Newport News, Virginia hereby certifies that the foregoing constitutes a true, correct and complete copy of a Resolution duly adopted by the City Council of Newport News, Virginia at a meeting duly called and held on the 9 th day of July, 2013, and during which a quorum was present and acting throughout, by the vote set forth below, and that such Resolution has not been repealed, revoked, rescinded or amended: Council Member Present/Absent Vote WITNESS my hand and the seal of the Council of the City of Newport News, Virginia, this ___ day of July, 2013. By: Clerk, Council of the City of Newport News, Virginia [SEAL] G. Other City Council Actions 3. Resolution Approving Issuance by Newport News Redevelopment and Housing Authority (NNRHA) of Multi-Family Housing Revenue Bonds for the Benefit of North Jefferson Square Apartments ACTION: A REQUEST TO ADOPT A RESOLUTION APPROVING THE ISSUANCE OF MULTI-FAMILY HOUSING REVENUE BONDS FOR THE NORTH JEFFERSON SQUARE APARTMENTS BY NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY (NNRHA). BACKGROUND: l Jefferson-Newport News Limited Partnership desires to acquire and renovate a 100-unit existing apartment complex, known as North Jefferson Square Apartments, at 13189 Jefferson Avenue. l In order to assist with the financing of the project Jefferson-Newport News Limited Partnership sought NNRHA’s issuance of Multifamily Housing Revenue Bonds in an amount not to exceed $6 million. l NNRHA approved a resolution at its June 18, 2013 Board meeting for issuance of these bonds and held the required public hearing. l To comply with certain bond requirements for the benefit of a project located in Newport News, City Council must approve a resolution providing jurisdictional approval of the issuance of bonds for this project. FISCAL IMPACT: l This approval requires no financial commitment from the City. l The Interim City Manager recommends approval. Supporting Material Memo re NNRHA/Housing Revenue Bonds Attachment 1 Attachment 2 Attachment 3 Reso Approving Bonds by NNRHA - North Jefferson Square Apts sdm11838 RESOLUTION NO. ____________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, FOR JURISDICTIONAL APPROVAL OF THE ISSUANCE BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY OF ITS MULTIFAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF THE APPROXIMATELY 100 UNIT NORTH JEFFERSON SQUARE APARTMENTS HOUSING FACILITY LOCATED IN THE CITY OF NEWPORT NEWS, VIRGINIA. WHEREAS, the Newport News Redevelopment Housing Authority (the “Authority”) is authorized to advertise and hold public hearings relative to the issuance of private activity bonds; and WHEREAS, the Authority has considered the application of Jefferson-Newport News Limited Partnership, a Virginia limited partnership (the “Borrower”), requesting that the Authority issue up to $6,000,000 of its revenue bonds (the “Bonds”) to assist the Borrower in financing the acquisition, construction, renovation, rehabilitation and equipping of an approximately 100 unit multifamily residential rental housing project to be known as North Jefferson Square Apartments (the “Project”) and has held a public hearing in connection therewith on June 18, 2013; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides that the applicable elected representatives of the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of such bonds; WHEREAS, the Authority issues its bonds on behalf of the City of Newport News, Virginia (the “City”) and the Project is located in the City; and WHEREAS, the Authority, as the issuing governmental unit with respect to the Bonds, has no applicable elected representative, the City constitutes the next highest governmental unit with such a representative, and the members of the City Council of the City (the “Council”) constitute the applicable elected representatives of the City; and WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority’s resolution approving the issuance of the Bonds, subject to the terms to be agreed upon and a certificate of the public hearing have been filed with the Council.  NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code, Section l5.2-4906, as applicable to housing authorities, of the Code of Virginia of 1950, as amended (the “Virginia Code”) and Section 36-19(9) of the Virginia Code to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. The Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged thereto and that neither the faith and credit nor the taxing power of the City or the Authority is pledged to the payment of the principal of the Bonds or the interest thereon or other costs incident thereto. 4. In adopting this resolution, the City, including its elected representatives, officers, employees and agents, shall not be liable for, and hereby disclaim all liability for, any damages to any person, direct or consequential, resulting from the Authority’s failure to issue the Bonds for any reason. 5. This resolution shall be in effect on and after the date of its adoption, July 9, 2013.  CERTIFICATE Record of the roll-call vote by the City Council of the City of Newport News, Virginia, upon reading on a resolution titled “RESOLUTION APPROVING THE ISSUANCE BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY OF ITS MULTIFAMILY HOUSING REVENUE BONDS FOR THE ACQUISITION, CONSTRUCTION, RENOVATION, REHABILITATION AND EQUIPPING OF THE APPROXIMATELY 100 UNIT NORTH JEFFERSON SQUARE APARTMENTS MULTIFAMILY HOUSING FACILITY LOCATED IN THE CITY OF NEWPORT NEWS, VIRGINIA,” taken at a meeting of the City Council held on July 9, 2013: AYE NAY ABSTAIN ABSENT McKinley L. Price, DDS, Mayor Herbert H. Bateman, Jr., Vice Mayor Robert S. Coleman Sharon P. Scott Tina L. Vick Joseph C. Whitaker Dr. Patricia P. Woodbury Dated: July 9, 2013 [SEAL] ______ City Council of the City of Newport News, Virginia ATTEST: Clerk, City Council of the City of Newport News, Virginia The undersigned Clerk of the City Council of the City of Newport News, Virginia, hereby certifies that the foregoing is a true, correct, and complete copy of a Resolution adopted by the City Council at its meeting duly called and held on July 9, 2013, in accordance with law, and that such Resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof. WITNESS my hand and the seal of the City of Newport News, Virginia this 9 th day of July, 2013. [SEAL] Clerk, City Council of the City of Newport News, Virginia 48779922_1 H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Newport News Victim-Witness Assistance Program – Virginia Department of Criminal Justice Services (DCJS) Grant - $301,522 2. Libraries and Information Services - FY 2014 Capital Improvements Plan (CIP): Library System Renovations and Expansion - $445,000 3. Department of Engineering – FY 2013 Bond Authorization, Streets and Bridges Category: Campbell Road Sidewalk Project – $500,000 4. Department of Information Technology (IT) – FY 2014 Information Technology Investment Fund - $1,450,00 H. Appropriations 1. Newport News Victim-Witness Assistance Program - Virginia Department of Criminal Justice Services (DCJS) Grant - $301,522 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $301,522 FROM THE DEPARTMENT OF CRIMINAL JUSTICE (DCJS) TO THE OFFICE OF THE COMMONWEALTH'S ATTORNEY FOR THE NEWPORT NEWS VICTIM-WITNESS ASSISTANCE PROGRAM. BACKGROUND: l The Victim-Witness Program provides a variety of services and referral assistance to victims and witnesses of crime. l The City applied for and received a Federal Pass- through grant from the Virginia DCJS in the amount of $301,522. FISCAL IMPACT: l The funds will be used to support staff salaries and program supplies in the Ofiice of the Commonwealth's Attorney Victim-Witness Assistance Program. l The Interim City Manager recommends approval. Supporting Material Memo re Victim Witness Assistance Program Appropriation re Newport News Victim Witness Assistance Program sdm11849 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM ST-VICTIM WITNESS-FY14 TO SR PRPG COOR/VICT WITNESS. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from ST-Victim Witness-FY14 to SR Prpg Coor/Vict Witness, as follows: Appropriation From: ST-Victim Witness-FY14 2630-000-22-2250-482000-000000-0000- 22A14-22A14 $ 301,522.00 Appropriation To: SR Prpg Coor/Vict Witness 2630-000-22-2250-511995-000000-0000- 22A14-22A14 $ 301,522.00 H. Appropriations 2. Libraries and Information Services - FY 2013 Capital Improvements Plan (CIP): Library System Renovations and Expansion - $445,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $445,000 FROM THE FY 2013 CAPITAL IMPROVEMENTS PLAN (CIP), PUBLIC BUILDINGS CATEGORY FOR RENOVATIONS AND EXPANSION TO THE CITY'S LIBRARY SERVICES FACILITES. BACKGROUND: l In 2008, the City commissioned a facility and space needs study to address concerns on renovations to current libraries and other building needs. l As part of the operating efficiencies of the FY 2014 operating budget, the West Avenue Branch library is now closed to public use. In addition, consolidation of the computer lab specialist to South Morrison Family Education Center was enacted. l To accommodate the West Avenue Branch collection and to create a public use computer lab and a computer training lab, renovations to the South Morrison "green" wing must be done. l Additional repairs and renovations to existing branches such as carpet replacement, upgrade of electrical service, and similar actions are also required. FISCAL IMPACT: l Funding in the amount of $445,000 for these projects will come from the FY 2013 Bonds Authorization, Public Buildings Category. l The Interim City Manager recommends approval. Supporting Material Memo re Library Renovation Appropriation re Library Renovation and Expansion  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER July 2,2013 TO: The Honorable City Council FROM: Interim City Manager SUBJECT: Library Renovation and Expansion City Council is requested to approve a resolution appropriating $445,000 for building renovation and expansion of library service facilities. In 2008, the City commissioned a facility-and-space-needs study, which included recommendations regarding renovations needed in the current libraries and to meet current building needs such as carpet replacement, upgrade of electrical service to buildings in order to meet the power needs of current and new technology, security systems, painting and furniture replacement. This would also allow the current satellite library at South Morrison Family Education Center to be relocated to the "green" wing of the repurposed school and allow for services to include establishment of an early literacy discover center; improved assistance for workforce development through a formal computer training lab and an open public computer lab; social intervention for youth providing a space to meet, study and learn in a safe environment; and provide opportunities for the community to come together in a safe, public space. Funding is available from FY 2013 Bonds Authorized and Unissued, Public Buildings, and Library System Expansion/Renovation. I recommend approval of this resolution. £ (3 Cynthia D. CDR:kyb cc: Alan K. Archer, AssistantCity Manager Iza Cieszynski, Director, Libraries &Information Systems G:\Cindy Rohlf\Correspondence -Interim City Mgr\Cbrrespondence\July\MEMO toHCC reLibrary Renovation and Expansion 7_2_13.docx sdm11853 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO LIBRARY RENOVATION AND EXPANSION. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bonds Authorized and Unissued to Library Renovation and Expansion, as follows: Appropriation From: Bonds Authorized and Unissued 4104-100-70-700G-579000-000000-2013- 00000-G0000 $ 445,000.00 Appropriation To: Library Renovation and Expansion 4104-350-70-700G-579420-000000-2013- 00000-G0006 $ 445,000.00 H. Appropriations 3. Department of Engineering - FY 2013 Bond Authorization Streets and Bridges Category - Campbell Road Sidewalk Project - $500,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $500,000 FROM THE FY 2013 BOND AUTHORIZATION, STREETS AND BRIDGES CATEGORY FOR THE CAMPBELL ROAD SIDEWALK PROJECT. BACKGROUND: l This project will construct a sidewalk beginning at 4032 Campbell Road and continue to a proposed crosswalk where it will cross Campbell Road and continue to the existing sidewalk at 500 Heatherwood Loop. l A portion of the existing ditches will be piped and filled to facilitate drainage and pedestrian travel. l The proposed sidewalk is required to provide safe pedestrian access from the surrounding neighborhoods to the existing sidewalk at Campbell Road's intersections with Bland Avenue and Warwick Boulevard l The Interim City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material Campbell Road Sidewalk Project Attachment Location Map Appropriation re Campbell Road Sidewalk Project  DR NS LN P HE CH TE RO .S ST ON RS LE ES TIL CR DR ICE DR LN LO ON A R DE UST LM R DE ITH NR PE S LN IP LN ILL PH CR UT CH FIEL D DR PROJECT N LOCATION S SL NE JEN CA MPB EL L RD LN ELL B MP CA SHERWOO D PL H EY RU ORSE TL NG E A LN AS R R SP CI CH E IR S H D OO W H ER T H EA O P LO SH LN ER SA W AP CE O D NT OD PA LV LO NDB ER SH A DR O BL EN OP W A TR PIN RW IN O G IC LO K M BL PA VD EA STWO OD DR CITY OF NEWPORT NEWS, VIRGINIA µ CAMPBELL ROAD SIDEWALK sdm11852 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO CAMPBELL ROAD SIDEWALK PROJECT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bonds Authorized and Unissued to Campbell Road Sidewalk Project, as follows: Appropriation From: Bonds Authorized and Unissued 4104-250-70-700J-579000-000000-2013- 00000-J0000 $ 500,000.00 Appropriation To: Campbell road Sidewalk Project 4104-250-70-700J-579420-000000-2013- 00000-J3040 $ 500,000.00 H. Appropriations 4. Department of Information Technology (IT) - FY 2014 Information Technology Investment Fund - $1,450,000 ACTION: A REQUST TO APPROVE A RESOLUTION APPROPRIATING $1,450,000 FROM THE ADOPTED FISCAL YEAR 2014 GENERAL FUND OPERATING BUDGET TO ESTABLISH THE CITY'S ANNUAL INFORMATION TECHNOLOGY INVESTMENT FUND. BACKGROUND: l The IT Investment Fund was established by City Council action in July 2006, with a procedure requiring City Council approval of annual funding for planned Information Technology (IT) projects. l The IT Investment Fund is used to replace outdated computer equipment, software, and for new equipment purchases as determined by the IT Steering Committee (ITSC) and the Director of IT. l The funding source for this proposed resolution is included in the adopted FY 2014 General Fund Operating Budget for this purpose. FISCAL IMPACT: l Approval of this resolution will appropriate $1,450,000 for the FY 2014 IT Investment Fund from the FY 2014 adopted General Fund Budget. l The Interim City Manager recommends approval. Supporting Material Memo re FY 2014 IT Investment Fund Appropriation re IT Investment Fund for FY2014 sdm11850 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM FY 2014 GENERAL FUND OPERATING BUDGET TO FY 2014 IT INVESTMENT FUND. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from FY 2014 General Fund Operating Budget to FY 2014 IT Investment Fund, as follows: Appropriation From: FY 2014 General Fund Operating Budget 1000-99-0005-598004-0000 $ 1,450,000.00 Appropriation To: FY 2014 IT Investment fund 4001-00-0000-570070-E1114 $ 1,450,000.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Woodbury Bateman Coleman Price Scott Vick Whitaker 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.”