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 DECEMBER 9, 2014 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation - Pastor Jame Bolds, Victory Christian Center C. Pledge of Allegiance to the Flag of the United States of America Girl Scouts of the Colonial Coast, Service Unit 611, Troop 1405 D. Presentations 1. Resolution of Recognition: Honoring the Newport News Redevelopment & Housing Authority (NNRHA) on its 75th Anniversary 2. Proclamation: 80th Anniversary of Lambda Omega Chapter of Alpha Kappa Alpha Sorority, Inc. E. Public Hearings None Advertised F. Consent Agenda 1. Minutes of the Work Session of November 25, 2014 2. Minutes of the Special Meeting of November 25, 2014 3. Minutes of the Regular Meeting of November 25, 2014 4. Ordinance Accepting Gregory's Way and Public Improvements in the Burnham Woods Subdivision, Section 1 into the City Street System 5. Ordinance Accepting Jamestown Drive and Public Improvements, in the Hidden Estates Subdivision, Section 5 into the City Street System  6. Ordinance Accepting Hyatt Place and Meredith Way in Section 3 and Carson Circle, Joanna Place and Meredith Way in Section 6 and Related Public Improvements in the Meredith Woods Subdivision into the City Street System 7. Ordinance Accepting Wolftrap Court, Merrimac Lane in Section 1B and Monitor Court in Section 2 and Related Public Improvements in both Sections of the Villages of Newport into the City Street System 8. Resolution Authorizing the Hampton-Newport News Community Services Board (H- NNCSB) to Renew a Line of Credit with TowneBank for $5,000,000 G. Other City Council Actions 1. 1 of 2: Department of Public Utilities (Waterworks) – Waterworks Restricted Land Fund: Acquisition of Property within the Watershed of Little Creek Reservoir – $277,000 2. 2 of 2: Ordinance Authorizing the City Manager to Execute Any and All Documents Necessary to Acquire Property within the Watershed of Little Creek Reservoir 3. Resolution Authorizing the Use of the City's Rights-of-Way for Telecommunications Purposes and Authorizing the City Manager to Execute a Temporary, Non-Exclusive, Revocable License Agreement (TNRLA) by and between the City and Level 3 Communications of Virginia, Inc. 4. Ordinance Amending City Code, Chapter 31, Pensions and Retirement; Article II., Employees' Retirement Fund; Division 5., Eligibility for, Receipt and Amounts of, Retirement Benefits; Section 31-54, Retirement Allowances; and By Adding New Section 31- 64.1, Limitations on Benefits 5. Ordinance Amending City Code, Chapter 31, Pensions and Retirement; Article II., Employees' Retirement Fund; Division 5., Eligibility for, Receipt and Amounts of, Retirement Benefits; Section 31-61, Nonoccupational Employee Death Benefits; and Section 31-64, Eligible Rollover Distributions H. Appropriations 1. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): 2014 State Homeland Security Program Grant – Mass Casualty Incident Training & Exercise Grant – $7,555 2. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): 2014 State Homeland Security Program Grant – Community Emergency Response Team (CERT) Grant – $32,228 3. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): Mass Care Shelter Equipment and Training Grant – $42,790 4. Circuit Court Clerk – State Compensation Board, Technology Trust Fund – $68,000  5. Department of Engineering – FY 2015 Bonds Authorized and Unissued, Environmental Category: Oyster Point Operations Vehicle Wash Facility – $1,000,000 I. Citizen Comments on Matters Germane to the Business of City Council *J. New Business and Councilmember Comments 1. City Manager 2. City Attorney 3. City Clerk 4. Woodbury 5. Bateman 6. Cherry 7. Coleman 8. Price 9. Scott 10. Vick 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 – Pastor Jame Bolds, Victory Christian Center C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. None Advertised F. Consent Agenda 1. Minutes of the Work Session of November 25, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Work Session of November 25, 2014 F. Consent Agenda 2. Minutes of the Special Meeting of November 25, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of the Special Meeting of November 25, 2014 F. Consent Agenda 3. Minutes of the Regular Meeting of November 25, 2014 ACTION: l N/A BACKGROUND: l N/A FISCAL l N/A IMPACT: Supporting Material Minutes of Regular Mtg - Nov 25, 2014 F. Consent Agenda 4. Ordinance Accepting Gregory's Way and Public Improvements in the Burnham Woods Subdivision, Section 1 into the City Street System ACTION: A REQUEST TO ADOPT AN ORDINANCE ACCEPTING GREGORY'S WAY AND RELATED PUBLIC IMPROVEMENTS IN THE BURNHAM WOODS SUBDIVISION, SECTION 1 INTO THE CITY STREET SYSTEM. BACKGROUND: l A final inspection has been made of Gregory's Way in the Burnham Woods subdivision, Section 1. l The inspection indicates compliance with all requirements. l Once accepted, the street which was constructed at the developer's expense, will be eligible for State Maintenance reimbursements to the City. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Street Acceptance in Burnham Woods Attachment Location Map Burnham Woods sdm13059 Street Acceptance, Burnham Woods, Section 1 sdm13059 ORDINANCE NO. ____________ AN ORDINANCE TO ACCEPT GREGORY’S WAY, BURNHAM WOODS SUBDIVISION, SECTION 1, AND THE PHYSICAL IMPROVEMENTS CONTAINED THEREIN AND THEREON INTO THE CITY STREET SYSTEM. WHEREAS, RIVERPOINT BUILDERS, INC., a Virginia corporation, owner of a certain subdivision in the City of Newport News, as shown on a certain plat entitled, "Burnham Woods Section 1", dated May 26, 2006, made by Johnson Baird and Associates, Civil Engineering and Land Surveyor, which was recorded on August 24, 2006, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 2169, Page 1966, has requested the City of Newport News to accept into the City System of Streets for public maintenance that certain street named Gregory’s Way, and the physical improvements which were required and constructed pursuant to the various ordinances of the City of Newport News and which have been approved by the City for acceptance; and WHEREAS, the said street and improvements have been constructed to City standards; and WHEREAS, a public need exists for the said street and the physical improvements contained therein and thereon. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: That it hereby accepts those certain streets and physical improvements contained therein and thereon into the City System of Streets, the said streets named and known as: Gregory’s Way (40' right-of-way) - Beginning at the intersection with Brenda Road and extending in a northeasterly direction for approximately 465 feet to its end as shown on that certain plat entitled, "Burnham Woods Section 1", dated Ma6y 26, 2006, made by Johnson Baird and Associates, Civil Engineering and Land Surveying, which was recorded on August 24, 2006, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 2169, Page 1966. F. Consent Agenda 5. Ordinance Accepting Jamestown Drive and Public Improvements, in the Hidden Estates Subdivision, Section 5 into the City Street System ACTION: A REQUEST TO ADOPT AN ORDINANCE ACCEPTING JAMESTOWN DRIVE AND RELATED PUBLIC IMPROVEMENTS IN THE HIDDEN ESTATES SUBDIVISION, SECTION 5 INTO THE CITY STREET SYSTEM. BACKGROUND: l A final inspection has been made of Jamestown Drive in the Hidden Estates Subdivision, Section 5. l The inspection indicates compliance with all requirements. l Once accepted, the street which was constructed at the developer's expense, will be eligible for State Maintenance reimbursements to the City. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Acceptance of Street in Hidden Estates Attachment Location Map Hidden Estates sdm13058 Street Acceptance - Hidden Estates , Section 5 sdm13058 ORDINANCE NO. ____________ AN ORDINANCE TO ACCEPT JAMESTOWN DRIVE, HIDDEN ESTATES SUBDIVISION, SECTION 5, AND THE PHYSICAL IMPROVEMENTS CONTAINED THEREIN AND THEREON INTO THE CITY STREET SYSTEM. WHEREAS, LOTZ REALTY COMPANY, INCORPORATED, a Virginia corporation, owner of a certain subdivision in the City of Newport News, as shown on a certain plat entitled, "Hidden Estates Section 5", dated December 31, 2002, made by Simmons Newsome, P.C., Surveyors Planners, which was recorded on March 4, 2003, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 1785, Page 1732, has requested the City of Newport News to accept into the City System of Streets for public maintenance that certain street named Jamestown Drive, and the physical improvements which were required and constructed pursuant to the various ordinances of the City of Newport News and which have been approved by the City for acceptance; and WHEREAS, the said street and improvements have been constructed to City standards; and WHEREAS, a public need exists for the said street and the physical improvements contained therein and thereon. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: That it hereby accepts those certain streets and physical improvements contained therein and thereon into the City System of Streets, the said streets named and known as: Jamestown Drive (50'right-of-way) - Beginning at the intersection with Lynchburg Drive and extending in a southeasterly direction for approximately 645 feet to the intersection with Williamsburg Court as shown on that certain plat entitled, "Hidden Estates Section 5", dated December 31, 2002, made by Simmons Newsome, P.C., Surveyors Planners, which was recorded on March 4, 2003, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 1785, Page 1732. F. Consent Agenda 6. Ordinance Accepting Hyatt Place and Meredith Way in Section 3 and Carson Circle, Joanna Place and Meredith Way in Section 6 and Related Public Improvements in the Meredith Woods Subdivision into the City Street System ACTION: A REQUEST TO ADOPT AN ORDINANCE ACCEPTING HYATT PLACE AND MEREDITH WAY IN SECTION 3 AND CARSON CIRCLE, JOANNA PLACE AND MEREDITH WAY IN SECTION 6 AND RELATED PUBLIC IMPROVEMENTS IN THE MEREDITH WOODS SUBDIVISION INTO THE CITY STREET SYSTEM. BACKGROUND: l A final inspection has been made of the streets in sections 3 and 6 of the Meredith Woods Subdivision. l The inspection indicates compliance with all requirements. l Once accepted, the streets which were constructed at the developer's expense, will be eligible for State Maintenance reimbursements to the City. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Acceptance of Streets in Meredith Woods Attachment Location Map Meredith Woods sdm13060 Street Acceptance Meredith Woods, Sec. 3 and Sec. 6 sdm13060 ORDINANCE NO. ____________ AN ORDINANCE TO ACCEPT HYATT PLACE AND MEREDITH WAY, MEREDITH WOODS SUBDIVISION, SECTION 3 AND CARSON CIRCLE, JOANNA PLACE AND MEREDITH WAY, MEREDITH WOODS SUBDIVISION, SECTION 6, AND THE PHYSICAL IMPROVEMENTS CONTAINED THEREIN AND THEREON INTO THE CITY STREET SYSTEM. WHEREAS, ABBITT LAND COMPANY, INC.,, a Virginia corporation, owner of a certain subdivision in the City of Newport News, as shown on a certain plat entitled, "Meredith Woods Section 3", dated September 22, 1983, made by Coenen and Associates, Inc., which was recorded on June 27, 1989, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 15, Page 89, has requested the City of Newport News to accept into the City System of Streets for public maintenance those certain streets named Hyatt Place and Meredith Way, and the physical improvements which were required and constructed pursuant to the various ordinances of the City of Newport News and which have been approved by the City for acceptance; and WHEREAS, ABBITT LAND COMPANY, INC., a Virginia corporation, owner of a certain subdivision in the City of Newport News, as shown on a certain plat entitled, "Meredith Woods Section 6", dated April 15, 1994, made by Coenen and Associates, Inc., which was recorded on June January 4, 1999, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 1537, Page 0121, has requested the City of Newport News to accept into the City System of Streets for public maintenance those certain streets named Carson Circle, Joanna Place and Meredith Way, and the physical improvements which were required and constructed pursuant to the various ordinances of the City of Newport News and which have been approved by the City for acceptance; and WHEREAS, the said streets and improvements have been constructed to City standards; and WHEREAS, a public need exists for the said streets and the physical improvements contained therein and thereon. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: That it hereby accepts those certain streets and physical improvements contained therein and thereon into the City System of Streets, the said streets named and known as: Section 3 Hyatt Place (50' right-of-way) - Beginning at the intersection with Meredith Way and extending in a southerly direction for approximately 208 feet to its end  Meredith Way (50' right-of-way) - Beginning at its intersection with Cades Court and extending in a westerly direction for approximately 535 feet to the westerly line of Lot 37 as shown on that certain plat entitled, "Meredith Woods Section 3", dated September 22, 1983, made by Coenen and Associates, Inc., which was recorded on June 27, 1989 in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 15, Page 89; and Section 6 Carson Circle (50' right-of-way) - Beginning at the intersection with Meredith Way and extending in a northwesterly direction for approximately 130 feet to its end Joanna Place (50' right-of-way) - Beginning at the intersection with Meredith Way and extending in a northeasterly direction for approximately 185 feet to its end Meredith Way (50' right-of-way) - Beginning at Lots 70 and 80 and extending in a westerly direction for approximately 670 feet to its end as shown on that certain plat entitled, "Meredith Woods Section 6", dated April 15, 1994, made by Coenen and Associates, Inc., which was recorded on January 4, 1999, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 1537, Page 0121. F. Consent Agenda 7. Ordinance Accepting Wolftrap Court, Merrimac Lane in Section 1B and Monitor Court in Section 2 and Related Public Improvements in both Sections of the Villages of Newport into the City Street System ACTION: A REQUEST TO ADOPT AN ORDINANCE ACCEPTING WOLFTRAP COURT, MERRIMAC LANE IN SECTION 1B AND MONITOR COURT IN SECTION 2 AND RELATED PUBLIC IMPROVEMENTS IN BOTH SECTIONS OF THE VILLAGES OF NEWPORT INTO THE CITY STREET SYSTEM. BACKGROUND: l A final inspection has been made of the streets in the Villages of Newport Subdivision, Phases 1B and 2. l The inspection indicates compliance with all requirements. l Once accepted, the streets which were constructed at the developer's expense, will be eligible for State Maintenance reimbursements to the City. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Acceptance of Streets in Villages of Newport Attachment Location Map Villages of Newport sdm13062 Street Acceptance re Villages of Newport, Secs. 1B and 2 sdm13062 ORDINANCE NO. ____________ AN ORDINANCE TO ACCEPT WOLFTRAP COURT AND MERRIMAC LANE, VILLAGES OF NEWPORT SUBDIVISION, SECTION 1B, AND MONITOR COURT, VILLAGES OF NEWPORT SUBDIVISION, SECTION 2, AND THE PHYSICAL IMPROVEMENTS CONTAINED THEREIN AND THEREON INTO THE CITY STREET SYSTEM. WHEREAS, VILLAGES OF NEWPORT, LLC, a limited liability company, owner of a certain subdivision in the City of Newport News, as shown on a certain plat entitled, "Villages of Newport Phase 1B", dated June 8, 1998, made by Hoggard/Eure Associates, P.C., which was recorded on February 26, 1999, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 1544, Page 1378, has requested the City of Newport News to accept into the City System of Streets for public maintenance those certain streets named Wolftrap Court and Merrimac Lane, and the physical improvements which were required and constructed pursuant to the various ordinances of the City of Newport News and which have been approved by the City for acceptance; and WHEREAS, VILLAGES OF NEWPORT, LLC, a limited liability company, owner of a certain subdivision in the City of Newport News, as shown on a certain plat entitled, "Villages of Newport Phase 2", dated March 31, 1999, made by Hoggard/Eure Associates, P.C., which was recorded on February 26, 1999, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 1565, Page 1967, has requested the City of Newport News to accept into the City System of Streets for public maintenance that certain street named Monitor Court, and the physical improvements which were required and constructed pursuant to the various ordinances of the City of Newport News and which have been approved by the City for acceptance; and WHEREAS, the said streets and improvements have been constructed to City standards; and WHEREAS, a public need exists for the said streets and the physical improvements contained therein and thereon. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: That it hereby accepts those certain streets and physical improvements contained therein and thereon into the City System of Streets, the said streets named and known as: Section 1B Wolftrap Court (50' right-of-way) - Beginning at the intersection with Merrimac Lane and extending in an easterly direction for approximately 470 feet to its end Merrimac Lane (50' right-of-way) - Beginning at the intersection  with 79th Street and extending in a northwesterly direction for approximately 360 feet to it6s end at the City boundary with the City of Hampton as shown on that certain plat entitled, "Villages of Newport Phase 1B", dated June 8, 1998, then revised August 25, 1998, made by Hoggard/Eure Associates, P.C., which was recorded on February 26, 1999, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 1544, Page 1378 Phase 2 Monitor Court (50' right-of-way) - Beginning at the intersection with 79th Street and extending in a southerly direction for approximately 608 feet to its end as shown on that certain plat entitled, "Villages of Newport Phase 2", dated March 31, 1999, made by Hoggard/Eure Associates, P.C., which was recorded on July 23, 1999, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, in Deed Book 1565, Page 1967. F. Consent Agenda 8. Resolution Authorizing the Hampton-Newport News Community Services Board (H- NNCSB) to Renew a Line of Credit with TowneBank for $5,000,000 ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE HAMPTON-NEWPORT NEWS COMMUNITY SERVICES BOARD (H-NNCSB) TO RENEW AN ANNUAL LINE OF CREDIT IN THE AMOUNT OF $5 MILLION WITH TOWNEBANK FOR OPERATING EXPENSES. BACKGROUND: l The State Code requires approval by the governing bodies that are served by the respective Community Service Boards of any loan applications made by the boards. l The H-NNCSB is requesting to renew its $5 million line of credit to provide flexibility of cash-related operations. l Approval of the resolution does not obligate the City to guarantee or repay any part of the loan or line of credit. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re HNNCSB Line of Credit Renewal sdm13069 Authorizing the Hpt-NN CSB to Incur Certain Borrowing Obligations sdm13069 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, PURSUANT TO VIRGINIA CODE SECTION 37.2-504.A.11, AUTHORIZING THE HAMPTON-NEWPORT NEWS COMMUNITY SERVICES BOARD TO INCUR CERTAIN BORROWING OBLIGATIONS. WHEREAS, the City of Hampton, Virginia, with the City of Newport News, Virginia, (the “City”) established the Hampton-Newport News Community Services Board (the “Board”) as required by Section 37.2-500 of the Code of Virginia, 1950, as amended; and WHEREAS, TowneBank (the ‘Lender”) has agreed to extend to the Board, on terms and conditions acceptable to the Lender, a line of credit in the maximum principal amount outstanding at any one time of $5,000,000 (the “Line of Credit”); and WHEREAS, Section 37.2-504.A.11 of the Code of Virginia, 1950, as amended, required that the political subdivision or subdivisions that established the Board authorize loans applied for and accepted by the Board and the Board seeks the City’s authorization solely to meet that statutory requirement; and WHEREAS, the Line of Credit constitutes a loan applied for and accepted by the board requiring such authorization; and WHEREAS, the Line of Credit will enable the Board to carry out governmental activities in connection with its Behavioral Health and Intellectual and Developmental Disability services in the political subdivisions of Hampton, Virginia and Newport News, Virginia; and WHEREAS, the Board and the City understand and agree that no payments will be requested by the Board from the City in connection with repayment of the Line of Credit and that the obligations under the Line of Credit will not constitute a debt or pledge of full faith and credit of the City and will not impose any liability on the City, nor is the requested authorization a guarantee on the part of the City of the Line of Credit. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia, that: 1. Pursuant to the requirement of Sections 37.2-504.A.11 of the Code of Virginia, 1950, as amended, authorization is hereby given to the Hampton-Newport News Community Services Board for the above described Line of Credit applied for and accepted by the Board on the terms and conditions of the documents required by the Lender to evidence and secure the Line of Credit, and such authorization shall include any and all extensions and renewals of, and modifications to, the Line of Credit (other than any modification which would increase the principal amount of the Line of Credit in excess of $5,000,000).  2. The authorization of the Line of Credit applied for and accepted by the Board does not constitute an endorsement to the Lender of the creditworthiness of the Board nor is it a guarantee of the Line of Credit. Furthermore, the City shall not be obligated to pay nor to guarantee any debt incurred by the Board as a result of the Line of Credit applied for and accepted by the Board, nor any interest or other costs associated therewith. Accordingly, no debt of the Board nor its Line of Credit shall constitute a debt of the City and neither the faith or credit nor the taxing power of the City shall be pledged thereto. 3. This resolution shall be in effect on and after the date of its adoption, December 9, 2014. 2 G. Other City Council Actions 1. 1 of 2: Department of Public Utilities (Waterworks) – Waterworks Restricted Land Fund: Acquisition of Property within the Watershed of Little Creek Reservoir – $277,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $277,000 FROM THE WATERWORKS RESTRICTED LAND FUND FOR THE ACQUISITION OF PROPERTY WITHIN THE WATERSHED OF LITTLE CREEK RESERVOIR. BACKGROUND: l William J. and Anne M. McCann have agreed to sell 5.78 acres of property to the City for $277,000. l The acquisition of this property is desired to improve protection of the reservoir and provide better access for future maintenance of the Little Creek Reservoir dam. l The property is comprised of two parcels and is being offered to the City at the value established by the City's appraiser. FISCAL IMPACT: l The $277,000 appropriation is available in the Waterworks Restricted Land Fund, which is reserved for the acquisition of watershed lands. l The City Manager recommends approval. Supporting Material CM Memo re Acquisition of Property at Little Creek Map of Little Creek Reservoir Purchase sdm13077 Appropriation re Little Creek Reservoir Land Acquisition sdm13077 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM WATERWORKS RESTRICTED LAND FUND/RESERVE TO LITTLE CREEK RESERVOIR LAND ACQUISITION. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Waterworks Restricted Land Fund/Reserve to Little Creek Reservoir Land Acquisition, as follows: Appropriation From: Waterworks Restricted Land Fund/Reserve 6000-000-00-0000-110612-000000- 0000-00000 $ 277,000.00 Appropriation To: Little Creek Reservoir Land Acquisition 6000-000-00-0000-151000-000000- 0000-00000 $ 277,000.00 G. Other City Council Actions 2. 2 of 2: Ordinance Authorizing the City Manager to Execute Any and All Documents Necessary to Acquire Property within the Watershed of Little Creek Reservoir ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO ACQUIRE PROPERTY ADJACENT TO LITTLE CREEK RESERVOIR, LOCATED IN JAMES CITY COUNTY. BACKGROUND: l This Ordinance will authorize the City Manager to execute any and all related documents for the acquisition of this property. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material sdm`13057 Authorizing the Purchase of Real Estate Adjacent to Little Cree Reservoir sdm13057 ORDINANCE NO. _________________ AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, ANY AND ALL AGREEMENTS AND DOCUMENTS NECESSARY TO IMPLEMENT A PURCHASE OF REAL ESTATE ADJACENT TO LITTLE CREEK RESERVOIR IN THE COUNTY OF JAMES CITY, VIRGINIA. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News: 1. That the Council hereby authorizes the City Manager, or his designee, to make an offer to purchase parcels of land located in the County of James City, Virginia, shown in James City County property records as currently being owned by Anne Marie McCann, Trustee of the Anne Marie McCann Revocable Trust Agreement, known as 2400 Little Creek Dam Road (Parcel ID # 2130100003), containing 2.047 acres, more or less, and 2404 Little Creek Dam Road (Parcel ID # 2130100003A), containing 3.737 acres, more or less. 2. That the City Manager is hereby authorized and directed to act for and on behalf of the City of Newport News in offering to purchase the said property for $277,000.00, provided that the property shall be conveyed to the City by general warranty deed and any outstanding claims against the property for taxes or other liens shall be paid by the seller. 3. The City Manager is hereby authorized to execute and the City Clerk attest on behalf of the City of Newport News all documents, permits, or authorizations necessary to effectuate the acquisition of the property described herein after same have been reviewed and approved by the City Attorney, and the City Manager is further authorized to take all actions necessary to acquire clear title to this property. 4. That this ordinance shall be in effect on and after the date of its adoption, December 9, 2014. G. Other City Council Actions 3. Resolution Authorizing the Use of the City's Rights-of-Way for Telecommunications Purposes and Authorizing the City Manager to Execute a Temporary, Non-Exclusive, Revocable License Agreement (TNRLA) by and between the City and Level 3 Communications of Virginia, Inc. ACTION: A REQUEST TO APPROVE A RESOLUTION GRANTING PERMISSION TO USE THE CITY'S RIGHTS-OF-WAY FOR TELECOMMUNICATIONS PURPOSES, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY, NONEXCLUSIVE, REVOCABLE LICENSE AGREEMENT (TNRLA) BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND LEVEL 3 COMMUNICATIONS OF VIRGINIA, INC., (LEVEL 3). BACKGROUND: l The existing TNRLA between the City and Level 3, approved by City Council in 2009, expired on November 30, 2014. l Prior to its expiration, Level 3 requested that the TNRLA be renewed for an additional five-year term. l The City Attorney's Office is satisfied that all necessary requirements are in place for Council to consider a new TNRLA with Level 3. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re TNRLA with City & Level 3 sdm13007 Authorizing re TNRLA - Level 3 Communications, LLC G. Other City Council Actions 4. Ordinance Amending City Code, Chapter 31, Pensions and Retirement; Article II., Employees' Retirement Fund; Division 5., Eligibility for, Receipt and Amounts of, Retirement Benefits; Section 31-54, Retirement Allowances; and By Adding New Section 31-64.1, Limitations on Benefits ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 31, PENSIONS AND RETIREMENT; ARTICLE II., EMPLOYEES' RETIREMENT FUND; DIVISION 5., ELIGIBILITY FOR, RECEIPT AND AMOUNTS OF, RETIREMENT BENEFITS; SECTION 31-54, RETIREMENT ALLOWANCES; AND BY ADDING NEW SECTION 31-64.1, LIMITATIONS ON BENEFITS. BACKGROUND: l The proposed amendment to Section 31-54, Retirement Allowances, removes two subsections and adds them to the following new section. l Adding new Section 31-64.1, Limitations on Benefits, clarifies that the benefit limitations and distributions are applicable to all Plan benefits, unless otherwise provided. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Ord Amdmnt to Pensions & Retirement sdm12967 Ord Amending Sec. 31-54 and Adding 31-64.1 sdm12967 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, DIVISION 5., ELIGIBILITY FOR, RECEIPT AND AMOUNTS OF, RETIREMENT BENEFITS, SECTION 31-54, RETIREMENT ALLOWANCES; AND BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 31-64, LIMITATIONS ON BENEFITS. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 31, Pensions and Retirement, of the Code of the City of Newport News, Virginia, Article II., Employees’ Retirement Fund, Division 5., Eligibility for, Receipt and Amounts Of, Retirement Benefits, Section 31-54, Retirement allowances, be, and the same hereby is, amended and reordained, and by adding thereto a new section, namely: Section 31-64.1, Limitations on benefits, as follows: CHAPTER 31 PENSIONS AND RETIREMENT ARTICLE II. EMPLOYEES’ RETIREMENT FUND DIVISION 5. ELIGIBILITY FOR, RECEIPT AND AMOUNTS OF, RETIREMENT BENEFITS Sec. 31-54. Retirement allowances. (a) A vested member retiring under the provisions of section 31-52 or section 31-53 shall receive an annual retirement allowance payable for the lifetime of the member determined in accordance with this section subject to the limitations contained in subsection (d), and subject to reduction in the event of a withdrawal of member contributions under section 31-68. (1) Subject to section 31-50, members who are not VRS participants accrue a benefit equal to two (2) percent of the member's average final compensation multiplied by their credited service obtained or earned as a non-VRS participant prior to March 1, 2010, and equal to 1.85 percent of the member's average final compensation multiplied by their credited service obtained or earned on and after March 1, 2010, and equal to 1.65 percent of nonpublic safety employee member’s average final  compensation multiplied by their credited service obtained or earned on and after January 1, 2013. City council members and public safety employee members shall accrue a benefit equal to 1.85 percent of the member’s average final compensation multiplied by their credited service obtained or earned on and after January 1, 2013. (2) Subject to section 31-50, members who are VRS participants accrue a benefit equal to 0.30 percent of the member's average final compensation, multiplied by their credited service obtained or earned as a VRS participant prior to March 1, 2010, and equal to 0.15 percent of the member's average final compensation multiplied by their credited service obtained or earned on and after March 1, 2010, but prior to January 1, 2013. On and after January 1, 2013, no additional credited service or benefits shall accrue. Calculation of average final compensation shall be based upon compensation earned prior to January 1, 2013. (3) The annual retirement allowance payable to a member who has earned credited service with a participating employer as both a VRS participant and a non-VRS participant shall be a benefit equal to the total of the allowances determined under this article for each type of service. The annual retirement allowance shall be calculated based on one (1) average final compensation for all periods of service. Notwithstanding the above, if any new period of service began on or after October 1, 2007, the average final compensation for the member shall be separately determined for such period of service. (b) (1) For each member retiring pursuant to the early retirement provisions of section 31-53, the annual retirement allowance shall be reduced by an amount equal to the lesser of the following: a. One-half (½) of one (1) percent per month for each month that the early retirement precedes the current minimum retirement age; or b. One-half (½) of one (1) percent per month for each month that early retirement precedes the normal thirty-year minimum service requirement. (2) For all such members who have at least five (5) years of credited service as a public safety employee, the reduction shall apply only to credited service time served in positions other than as a public safety employee. (c) The retirement allowance from the city provided for by this section shall be reduced by the amount of any payments made to the retired employee by the participating employer pursuant to the Virginia Workers' Compensation Act, §§ 65.2-500, 65.2-501, 65.2-502, 65.2-503, and 65.2-512 of the Code of Virginia. There shall be no reduction in the retirement allowance for payment of medical benefits pursuant to § 65.2-603, or payment of burial expenses pursuant to § 65.2-512B of the Code of Virginia. If the member's payments under the Virginia Workers' 2 Compensation Act are adjusted or terminated for refusal to work or to comply with the requirements of § 65.2-603 of the Code of Virginia, the retirement allowance shall be computed as if the member were receiving the compensation to which the member would otherwise be entitled. In addition, the retirement allowance from the city shall also be reduced by the amount of any lump sum settlement of a workers' compensation claim, except such portion of the settlement as is designated for the payment of medical expenses. (d) In no event shall a member’s annual retirement allowance payable from the fund be less than three hundred thirty dollars ($330.00) or more than: (1) 75 percent of the member’s average final compensation for members whose effective date of retirement is before January 1, 2013; (2) 76.85 percent of the member’s average final compensation for members whose effective date of retirement is on or after January 1, 2013; (3) 78.70 percent of the member’s average final compensation for members whose effective date of retirement is on or after January 1, 2015; and (4) 80 percent of the member’s average final compensation for members whose effective date of retirement is on or after January 1, 2016. (e) Defined benefit limitations. (1) Notwithstanding any other provisions in this article, the maximum annual benefit to which a member is entitled from the fund shall not exceed the applicable limitations of IRC section 415(b). The limitations of IRC section 415(b) and the final Treasury Regulations promulgated thereunder, as published on April 5, 2007, are hereby incorporated by reference. The limitations shall be applied on a uniform basis with respect to all similarly situated members in a limitation year. The maximum benefits provided under the fund shall not exceed the maximum amounts permitted by IRC section 415(b). The amount payable to a member in any limitation year shall not exceed the IRC section 415(b) limit applicable at the annuity commencement date, without regard to the cost-of-living adjustments described in paragraph (3) below. If there is any discrepancy between the provisions of this subsection 31-54(e) and the provisions of IRC section 415, such discrepancy shall be resolved in such a way as to give full effect to the provisions of IRC section 415. (2) If the maximum annual benefit under this article (but for this section) would exceed the limitations of IRC section 415(b), the maximum annual benefit under any other defined benefit plan required to be aggregated with the fund shall be reduced under 3  the other defined benefit plan prior to the reduction of the maximum annual benefit from the fund, in accordance with final Treasury Regulation section 1.415(a)-1(d)(3)(iii). (3) In the event that the annual pension otherwise payable to a member who has retired or terminated employment has been limited by IRC section 415(b) as it existed at the member's retirement or termination date, the member's annual pension shall be adjusted for increases in the cost-of-living, as permitted by final Treasury Regulation section 1.415(d)-1, pursuant to Treasury Regulation section 1.415(a)-1(d)(3)(v), which is incorporated by reference. (4) For purposes of determining a member's maximum benefit, remuneration paid or made available to the member during the limitation year shall include amounts described in IRC section 415(c)(3) and final Treasury Regulation section 1.415(c)-2(a). In addition, post-severance remuneration shall mean post-severance remuneration as defined in final Treasury Regulation section 1.415(c)-2(e)(3)(ii), and any payment that is for accrued bona fide sick, vacation or other leave, but only if the member would have been able to use the leave if employment had continued; payment to an individual who does not currently perform services for the participating employer by reason of qualified military service, to the extent these payments do not exceed the amounts the individual would have received had the individual continued to perform services for the participating employer rather than entering qualified military service; and any payment that is made to a member who is totally and permanently disabled as determined by the Virginia Workers' Compensation Commission, provided salary continuation applies to all members who are permanently and totally disabled for a fixed or determinable period. Further, for limitation years beginning on and after July 1, 2009, (i) an individual who is in qualified military service and receiving a differential wage payment, as defined by IRC section 3401(h)(2), from the city shall be treated as an employee of the city, and (ii) in accordance with IRC section 414(u)(7), the differential wage payment shall be treated as remuneration. (f) Required minimum distributions. Notwithstanding anything herein to the contrary, the benefit of each member shall commence no later than April 1 of the calendar year following the later of (i) the calendar year in which the member attains age seventy and one-half (70 ½), or (ii) the calendar year in which the member retires. This period shall be known as the member's required beginning date. The fund is intended and believed to be in compliance with a reasonable and good faith interpretation of IRC section 401(a)(9). IRC section 401(a)(9) is incorporated by reference herein. The requirements of this section shall apply to any distribution of a member's retirement allowance and override any distribution option in the fund that is otherwise inconsistent with IRC section 401(a)(9) and take precedence over any inconsistent provisions of the fund. Retirement distributions may only be made over the life of the member or the joint lives 4 of the member and the member's designated beneficiary. (1) If the distribution of a member's benefit has commenced and the member dies before the member's entire benefit has been distributed to the member, the remaining portion of such benefit shall be distributed at least as rapidly as under the form of distribution in effect at the member's date of death. (2) If a member dies before distributions begin, the member's benefit will be distributed, or begin to be distributed, no later than the following: a. If the sole designated beneficiary is the spouse of the member, the member's spouse may elect to commence the benefit in accordance with the terms of this article within a reasonable period of time after the member's death, but in no event may such election be made later than December 31 of the calendar year immediately following the calendar year in which the member died or December 31 of the calendar year in which the member would have attained age seventy and one-half (70 ½). The benefit shall be paid over the life expectancy of the designated beneficiary. b. If the benefit is paid to a designated beneficiary, other than the member's spouse, any distribution payable under the terms of this article shall commence no later than December 31 of the calendar year immediately following the calendar year in which the member died. The benefit shall be paid over the life of the designated beneficiary. c. If there is no designated beneficiary as of September 30 of the year following the member's death, any distribution payable under the terms of this article shall be completed by December 31 of the calendar year containing the fifth anniversary of the member's death. d. If the member's spouse is the member's sole designated beneficiary and the spouse dies after the member but before distributions to the spouse begin, then this section other than subsection (f)(1) above shall be applicable as if the spouse were the member. The benefits payable under the provisions of this article may not be paid in any form which would violate the required distribution requirements of this subsection. Sec. 31-64.1. Limitations on benefits. (a) Defined benefit limitations. 5 (1) Notwithstanding any other provisions in this article, the maximum annual benefit to which a member is entitled from the fund shall not exceed the application limitations of IRC section415(b). The limitations of IRC section 415(b) and the final Treasury Regulations promulgated thereunder, as published on April 5, 2007, are hereby incorporated by reference. The limitations shall be applied on a uniform basis with respect to all similarly situated members in a limitation year. The maximum benefits provided under the fund shall not exceed the maximum amounts permitted by IRC section 415(b). The amount payable to a member in any limitation year shall not exceed the IRC section 415(b) limit applicable at the annuity commencement date, without regard to the cost-of-living adjustments described in paragraph (3) below. If there is any discrepancy between the provisions of this subsection 31-64.1 and the provisions of IRC section 415, such discrepancy shall be resolved in such a way as to give full effect to the provisions of IRC section 415. (2) If the maximum annual benefit under this article (but for this section) would exceed the limitations of IRC section 415(b), the maximum annual benefit under any other defined benefit plan required to be aggregated with the fund shall be reduced under the other defined benefit plan prior to the reduction of the maximum annual benefit from the fund, in accordance with final Treasury Regulation section 1.415(a)- 1(d)(3)(iii). (3) In the event that the annual pension otherwise payable to a member who has retired or terminated employment has been limited by IRC section 415(b) as it existed at the member’s retirement or termination date, the member’s annual pension shall be adjusted for increases in the cost-of-living, as permitted by final Treasury Regulation section 1.415(d)-1, pursuant to Treasury Regulation section 1.415(a)- 1(d)(3)(v), which is incorporated by reference. (4) For purposes of determining a member’s maximum benefit, remuneration paid or made available to the member during the limitation year shall include amounts described in IRC section 415(c)(3) and final Treasury Regulation section 1.415(c)- 2(a). In addition, post-severance remuneration shall mean post-severance remuneration as defined in final Treasury Regulation section 1.415(c)-2(e)(3)(ii), and any payment that is for accrued bona fide sick, vacation or other leave, but only if the member would have been able to use the leave if employment had continued; payment to an individual who does not currently perform services for the participating employer by reason of qualified military service, to the extent these payments do not exceed the amounts the individual would have received had the individual continued to perform services for the participating employer rather than entering qualified military service; and any payment that is made to a member who is totally and permanently disabled as determined by the Virginia Workers’ 6  Compensation Commission, provided salary continuation applies to all members who are permanently and totally disabled for a fixed or determinable period. Further, for limitation years beginning on and after July 1, 2009, (i) an individual who is in qualified military service and receiving a differential wage payment, as defined by IRC section 3401(h)(2), from the city shall be treated as an employee of the city, and (ii) in accordance with IRC section 414(u)(7), the differential wage payment shall be treated as remuneration. (b) Required minimum distributions. (1) Notwithstanding anything herein to the contrary, the benefit of each member shall commence no later than April 1 of the calendar year following the later of (i) the calendar year in which the member attains age seventy and one-half (70 ½), or (ii) the calendar year in which the member retires. This period shall be known as the member’s required beginning date. The fund is intended and believed to be in compliance with a reasonable and good faith interpretation of IRC section 401(a)(9). IRC section 401(a)(9) is incorporated by reference herein. The requirements of this section shall apply to any distribution of a member’s retirement allowance and override any distribution option in the fund that is otherwise inconsistent with IRC section 401(a)(9) and take precedence over any inconsistent provisions of the fund. (2) Retirement distributions may only be made over a period not to exceed the life of the member or the joint lives of the member and the member’s beneficiary. For this purpose, the form of distribution shall include the death benefits payable under section 31-62. (3) If the distribution of a member’s benefit has commenced and the member dies before the member’s entire benefit has been distributed to the member, the remaining portion of such benefit shall be distributed at least as rapidly as under the form of distribution in effect at the member’s date of death. For this purpose, the form of distribution shall include the death benefits payable under section 31-62. (4) If a member dies before distributions begin, the member’s benefit will be distributed in accordance with the following: a. If a benefit is paid to a spouse or dependent child pursuant to section 31-60 (other than subsection (e) thereof), section 31-61 (other than subsection (b) thereof), or section 31-63 (other than subsection (a) thereof), such benefit shall commence no later than December 31 of the calendar year immediately following the calendar year in which the member died. The benefit to such spouse or dependent child shall be paid over the period specified in sections 31-60, 31-61, or 31-63, as applicable, which period 7  shall not exceed the life of the spouse or dependent child. b. If the benefit is paid other than as described in a., above, any distribution payable under the terms of this article shall be completed no later than December 31 of the calendar year immediately following the calendar year in which the member died. The benefits payable under the provisions of this article may not be paid in any form which would violate the required distribution requirements of this subsection. 2. That this ordinance shall be in effect on and after the date of its adoption, December 9, 2014. 8 G. Other City Council Actions 5. Ordinance Amending City Code, Chapter 31, Pensions and Retirement; Article II., Employees' Retirement Fund; Division 5., Eligibility for, Receipt and Amounts of, Retirement Benefits; Section 31-61, Nonoccupational Employee Death Benefits; and Section 31-64, Eligible Rollover Distributions ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 31, PENSIONS AND RETIREMENT; ARTICLE II., EMPLOYEES' RETIREMENT FUND; DIVISION 5., ELIGIBILITY FOR, RECEIPT AND AMOUNTS OF, RETIREMENT BENEFITS; SECTION 31-61, NON-OCCUPATIONAL EMPLOYEE DEATH BENEFITS; AND SECTION 31- 64, ELIGIBLE ROLLOVER DISTRIBUTIONS. BACKGROUND: l The proposed amendment to Section 31-61, clarifies how beneficiary benefits are determined for employees who die in active military service. l The proposed amendment to Section 31-64, clarifies the options for beneficiaries other than surviving spouses. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material sdm12242 Ord Amending Sec. 31-61 and Sec. 31-64 sdm12242 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, DIVISION 5., ELIGIBILITY FOR, RECEIPT AND AMOUNTS OF, RETIREMENT BENEFITS, SECTION 31-61, NONOCCUPATIONAL EMPLOYEE DEATH BENEFITS, AND SECTION 31-64, ELIGIBLE ROLLOVER DISTRIBUTIONS. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 31, Pensions and Retirement, of the Code of the City of Newport News, Virginia, Article II., Employees’ Retirement Fund, Division 5., Eligibility for, Receipt and Amounts of, Retirement Benefits, Section 31-61, Nonoccupational employee death benefits, and Section 31-64, Eligible rollover distributions, be, and the same hereby is, amended and reordained as follows: CHAPTER 31 PENSIONS AND RETIREMENT ARTICLE II. EMPLOYEES’ RETIREMENT FUND DIVISION 5. ELIGIBILITY FOR, RECEIPT AND AMOUNTS OF, RETIREMENT BENEFITS Sec. 31-61. Nonoccupational employee death benefits. (a) Upon the death of an employee from any cause not compensable under the Virginia Workers' Compensation Act, payments shall be made from the fund in accordance with the following provisions of this section. (b) There shall be paid to the surviving spouse of the deceased employee or, if none, the beneficiary designated by the deceased member, or if none, the estate of the employee, a lump sum death benefit amount equal to five hundred fifty dollars ($550.00) multiplied by the number of full years of credited service of the employee at date of death, subject to a minimum payment of five hundred fifty dollars ($550.00) and a maximum of three thousand three hundred dollars ($3,300.00).  (c) If a deceased vested employee is survived by a spouse at the date of such employee's death, there shall be payable to said spouse, until the death or remarriage of that spouse, a benefit equal to fifty (50) percent of the annual retirement allowance to which the member would have been entitled had the deceased employee retired on the date of death. Attainment of the minimum retirement age shall not be a prerequisite for receipt of this retirement benefit and shall not affect the computation thereof. (d) If a deceased vested employee is not survived by a spouse at the date of such employee's death, or the surviving spouse subsequently dies and the deceased vested employee is survived by one (1) or more dependent children, the benefit which would have been or was payable to the surviving spouse under the provisions of subsection (c) above, shall be payable to, or for the benefit of, the surviving dependent child or children, payable until the earlier of the dependent child's death or until no longer a dependent child. If a member is survived by more than one (1) dependent child, and if one (1) or more of them subsequently becomes ineligible to receive a share of the benefit, then the benefit shall be shared equally by the remaining eligible dependent children. Attainment of the minimum retirement age shall not be a prerequisite for receipt of this retirement benefit and shall not affect the computation thereof. (e) Except as provided in subsection (b) of this section, the benefits provided for in this section shall be payable to a recipient only as long as the recipient is eligible to receive such benefits based on the provisions of this section and evidence acceptable to the board. (f) In addition, the survivors of any employee who dies on or after January 1, 2007, while performing qualified military service, are entitled to any additional benefits (other than contributions relating to the period of qualified military service, but including vesting service credit for such period and any ancillary life insurance or other survivor benefits) that would have been provided under the fund had the employee resumed employment on the day preceding the employee’s death and then terminated employment on account of death. Sec. 31-64. Eligible rollover distributions. (a) This section 31-64 applies to distributions after December 31, 1992. A distributee of a lump sum payment under sections 31-60(e), 31-61(b), 31-62(a)(1), 31-62(b)(1), 31-68(e), 31-68(f), and 31-68(g) may elect to have any portion of an eligible rollover distribution that is equal to at least two hundred dollars ($200.00) paid directly to an eligible retirement plan specified by the distributee in a direct rollover. If an eligible rollover distribution is less than two hundred dollars ($200.00), a distributee may not make the election described in the preceding sentence to rollover a portion of the eligible rollover distribution. (b) An eligible rollover distribution is any distribution of all or any portion of the member's benefit payable to the distributee, except that an eligible rollover distribution does not include: (i) any distribution that is one (1) of a series of substantially equal periodic payments (not 2 less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; (ii) any distribution to the extent such distribution is required under IRC section 401(a)(9); (iii) any distribution that is made upon the hardship of the member; and (iv) the portion of any distribution that is not includible in gross income. (c) An eligible retirement plan is an individual retirement account described in IRC section 408(a), an individual retirement annuity described in IRC section 408(b), an annuity plan described in IRC section 403(a), or a qualified trust described in IRC section 401(a), that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spousea beneficiary of a death benefit who is not treated by the federal Internal Revenue Code as a surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity. Eligible retirement plan also means, effective for distributions on and after January 1, 2002, an individual retirement account described in IRC section 408(a), an individual retirement annuity described in IRC section 408(b), an annuity plan described in IRC section 403(a) or a qualified plan that accepts the individual's eligible rollover distribution. Eligible retirement plan shall also mean an annuity contract described in IRC section 403(b) and an eligible plan under IRC section 457 which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to separately account for amounts transferred into such plan from the fund. For distributions made after December 31, 2007, an eligible retirement plan also means a Roth individual retirement account defined in IRC section 408A provided that, for distributions made in plan years prior to 2010, the distributee's modified adjusted gross income does not exceed the limitations in IRC section 408A(d)(3)(A). (d) A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a domestic relations order, as defined in IRC section 414(p), are distributees with regard to the interest of the spouse or former spouse. Effective on and after July 1, 2008, a distributee shall include a member's non-spouse beneficiary, as described in section 31-64(g). (e) A direct rollover is a payment by the fund to the eligible retirement plan specified by the distributee. (f) Each distributee who is entitled to make an eligible rollover distribution, including a non-spouse beneficiary with regard to an inherited IRA described in section 31-64(g), shall be provided a notice that satisfies IRC section 402(f) and that describes the fund's default distribution procedure in the event the member fails to make a rollover election. The notice shall be provided at least thirty (30) days but not more than one hundred eighty (180) days (ninety (90) days for plan 3 years commencing before July 1, 2007), before the annuity commencement date. (g) Effective for distributions made in plan years beginning on or after July 1, 2008, a non-spouse beneficiary who is entitled to receive a lump sum distribution of the deceased member's benefit may elect to make a trustee-to-trustee transfer of all or a portion of such distribution to an individual retirement plan described in IRC section 408(a) or (b) that is established and titled in a manner that identifies it as an inherited IRA with respect to the deceased member and identifies the deceased member and the non-spouse beneficiary, pursuant to the provisions of IRC section 402(c)(11). Notwithstanding the prior sentence, prior to January 1, 2010, a distribution under this section 31-64(g) shall not be subject to the direct rollover requirements of IRC section 401(a)(31), the notice requirements of IRC section 402(f), or mandatory withholding requirements of IRC section 3405(c). 4 H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): 2014 State Homeland Security Program Grant – Mass Casualty Incident Training & Exercise Grant – $7,555 2. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): 2014 State Homeland Security Program Grant – Community Emergency Response Team (CERT) Grant – $32,228 3. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): 2014 State Homeland Security Program Grant – Mass Care Shelter Equipment and Training Grant – $42,790 4. Circuit Court Clerk – State Compensation Board, Technology Trust Fund – $68,000 5. Department of Engineering – FY 2015 Bonds Authorized and Unissued, Environmental Category: Oyster Point Operations Vehicle Wash Facility – $1,000,000 H. Appropriations 1. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): 2014 State Homeland Security Program Grant – Mass Casualty Incident Training & Exercise Grant – $7,555 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $7,555 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT (VDEM), 2014 STATE HOMELAND SECURITY PROGRAM GRANT TO THE NEWPORT NEWS FIRE DEPARTMENT (NNFD), DIVISION OF EMERGENCY MANAGEMENT TO SUPPORT MASS CASUALTY INCIDENT TRAINING. BACKGROUND: l The City has been awarded funds in the amount of $7,555 from the VDEM 2014 State Homeland Security Grant Program (SHSP). l The funding will be used to purchase supplies and equipment needed for Mass Casualty Incident Training. FISCAL IMPACT: l This Federal grant requires no local funding l The City Manager recommends approval. Supporting Material CM Memo re Mass Casualty Training Grant sdm13068 Appropriation re Mass Casualty Incident Training & Exercise sdm13068 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE TO OTHER SUPPLIES. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Federal Revenue to Other Supplies, as follows: Appropriation From: Federal Revenue 2610-000-25-2599-483000-000000-0000- 25G15-25G15 $ 7,555.00 Appropriation To: Other Supplies 2610-000-25-2599-554130-000000-0000- 25G15-25G15 $ 7,555.00 H. Appropriations 2. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): 2014 State Homeland Security Program Grant – Community Emergency Response Team (CERT) Grant – $32,228 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $32,288 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGMENT (VDEM), 2014 STATE HOMELAND SECURITY PROGRAM GRANT TO THE NEWPORT NEWS FIRE DEPARTMENT (NNFD) FOR THE FY 2015 COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM. BACKGROUND: l The City has been awarded funds in the amount of $32,228 from the VDEM 2014 State Homeland Security Grant Program (SHSP). l The funding is restricted in use to support the continuation of the Community Emergency Response Team (CERT) for the City. FISCAL IMPACT: l This Federal grant requires no local funding. l The City Manager recommends approval. Supporting Material CM Memo re VDEM CERT Grant sdm13066 Appropriation re CERT Program sdm13066 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE TO OTHER SUPPLIES. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Federal Revenue to Other Supplies, as follows: Appropriation From: Federal Revenue 2610-000-25-2599-483000-000000-0000- 25L15-25L15 $ 32,228.00 Appropriation To: Other Supplies 2610-000-25-2599-554130-000000-0000- 25L15-25L15 $ 32,228.00 H. Appropriations 3. Newport News Fire Department (NNFD) – Virginia Department of Emergency Management (VDEM): Mass Care Shelter Equipment and Training Grant – $42,790 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $42,790 FROM THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT (VDEM), 2014 STATE HOMELAND SECURITY PROGRAM GRANT TO THE NEWPORT NEWS FIRE DEPARTMENT (NNFD), DIVISION OF EMERGENCY MANAGEMENT, FOR THE PURCHASE OF MASS CARE SHELTER EQUIPMENT. BACKGROUND: l The City has been awarded funds in the amount of $42,790 from the VDEM 2014 State Homeland Security Grant Program (SHSP). l The funding will be used to purchase mobile equipment to enhance the City's mass care capabilities. FISCAL IMPACT: l This Federal grant requires no local funding. l The City Manager recommends approval. Supporting Material CM Memo re Mass Care Supplies & Training Grant sdm13067 Appropriation re Mass Care Supplies and Training Grant sdm13067 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE TO MACHINERY & EQUIPMENT. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Federal Revenue to Machinery & Equipment, as follows: Appropriation From: Federal Revenue 2610-000-25-2599-483000-000000-0000- 25F15-25F15 $ 42,790.00 Appropriation To: Machinery & Equipment 2610-000-25-2599-570010-000000-0000- 25F15-25F15 $ 42,790.00 H. Appropriations 4. Circuit Court Clerk – State Compensation Board, Technology Trust Fund – $68,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $68,000 FROM THE STATE COMPENSATION BOARD'S TECHNOLOGY TRUST FUND FOR USE BY THE CIRCUIT COURT CLERK . BACKGROUND: l The Circuit Court Clerk is authorized by State Code to assess a five-dollar ($5) fee, known as the Technology Trust Fund Fee, in each civil action recorded and docketed. l This fee is deposited into a trust fund maintained by the State Treasurer. l The State Compensation Board allocates four of every five dollars of this fee for technology purposes. l The Circuit Court Clerk will use the requested appropriated funds to purchase technology-related equipment and services. l The City Manager recommends approval. FISCAL l N/A IMPACT: Supporting Material CM Memo re Circuit Court Clerk Tech Trust Fund sdm13091 Appropriation re Circuit Court Clerk - Tech Trust Fund sdm13091 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM STATE COMPENSATION BOARD - TECHNOLOGY TRUST FUND TO CIRCUIT COURT CLERK. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from State Compensation Board - Technology Trust Fund to Circuit Court Clerk, as follows: Appropriation From: State Compensation Board - Technology Trust Fund 1000-100-00-0000-424404-000000- 0000-00000 $ 68,000.00 Appropriation To: Circuit Court Clerk 1000-150-20-0000-570079-000000- 0000-00000 $ 68,000.00 H. Appropriations 5. Department of Engineering – FY 2015 Bonds Authorized and Unissued, Environmental Category: Oyster Point Operations Vehicle Wash Facility – $1,000,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $1 MILLION FROM THE FY 2015 BONDS AUTHORIZED AND UNISSUED, ENVIRONMENTAL CATEGORY FOR THE OYSTER POINT OPERATIONS VEHICLE WASH FACILITY PROJECT. BACKGROUND: l The existing 35 year old vehicle wash facility site is used to clean City vehicles, which includes construction equipment, heavy duty trucks, garbage trucks, street sweepers, and school buses. l Currently, the facility is not in compliance with the Hampton Roads Regional District Consent Order for infiltration and inflow abatement, nor state stormwater regulations for sediment control and reduction of pollutant loading. l The facility will be renovated to service the $84 million investment in the City's fleet and be in compliance with applicable regulations. l The City Manager recommends approval. FISCAL IMPACT: l N/A Supporting Material CM Memo re Oyster Pt Ops Vehicle Wash Facility Attachment Location Map OP Operations Vehicle Wash Facility sdm13087 Appropriation re Oyster Point Operations Vehicle Wash Facility  698 581 550 12357 606 500 600 551 12255 12249 603 598 RE D HI LL 596 FR EE DO M 599 RD 12251 601 WAY 597 12235 100 12233 501 513 VEHICLE WASH FACILITY 502 500 201 12151 M TU RE Y BO WA RVE AR E SE R WA Y 0 0 505 629 OP 101 503 E R 625 AT 443 I ONS D R 619 RE TU 501 615 N A AY 509 W 523 613 605 525 601 519 600 572 576 OYSTER 570 POINT RD 562 414 408 220 OYSTER POINT RD IF F LN 200 RA DC L SERVICE ROAD 201 506 508 524 NE T TL 12994 ES 516 518 520 12997 D 510 512 514 522 R 12970 0 12978 12986 R TE 12977 12980 IN 12976 PO CIR CITY OF NEWPORT NEWS, VIRGINIA µ OYSTER POINT OPERATIONS VEHICLE WASH FACILITY sdm13087 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO OYSTER POINT OPERATIONS VEHICLE WASH FACILITY. 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 Oyster Point Operations Vehicle Wash Facility, as follows: Appropriation From: Bonds Authorized and Unissued 4104-250-70-700B-579000-000000-2015- 00000-B0000 $ 1,000,000.00 Appropriation To: Oyster Point Operations Vehicle Wash Facility 4104-300-70-700B-579420-000000-2015- 00000-B0003 $ 1,000,000.00 *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 Cherry Coleman Price Scott Vick 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.”