City Council

SHOWN LIVE ON NEWPORT NEWS TELEVISION COX CHANNEL 48 VERIZON CHANNEL 19 www.nnva.gov AGENDA NEWPORT NEWS CITY COUNCIL REGULAR CITY COUNCIL MEETING MAY 10, 2016 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Rev. Bill Lamont, Hidenwood Presbyterian Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations - None E. Public Hearings 1. Public Comments on the Effective Real Property Tax Rate Related to the Recommended Fiscal Year 2017 Operating Budget 2. Ordinance Authorizing and Directing the City Manager to Execute A Deed of Easement for an Easement Across City-owned Property Located at 15402 Warwick Boulevard 3. Ordinance Authorizing and Directing the City Manager to Execute A Deed of Easement for an Easement Across City-owned Property Located at 13141 Jefferson Avenue 4. Ordinance Authorizing and Directing the City Manager to Execute a Deed of Easement and Agreement by and between the City and Deer Run 3, LLC, for Landscaping of City-owned Property, Located Across a Portion of 791 Industrial Park Drive and Woodside Lane 5. Resolution Authorizing Plan Amendment No. PLN-16-14, City of Newport News, to the Framework for the Future 2030 Comprehensive Plan Land Use Map Designation from Transportation, Natural Area/Open Space and Parks and Recreation to Community Commercial for a Portion of Property Located  at 900 Bland Boulevard 6. Ordinance Authorizing Change of Zoning No. CZ-16-379, to Peninsula Airport Commission, for a Portion of Property Located at 900 Bland Boulevard and Zoned M1 Light Industrial to C1 Retail Commercial with Proffers, to Allow for Retail Development F. Consent Agenda 1. Minutes of the Budget Public Hearing of April 14, 2016 2. Minutes of the Work Session of April 26, 2016 3. Minutes of the Special Meeting of April 26, 2016 4. Minutes of the Regular Meeting of April 26, 2016 5. Resolution of Appreciation: Colonel William S. Galbraith on his Retirement as the Commander, 733d Mission Support Group Army Element-Joint Base Langley—Eustis from June 15, 2013 to June 28, 2016 G. Other City Council Actions 1. City Code Related Ordinances to Enact the City Manager's Fiscal Year 2017 Operating Budget 1. Ordinance Amending and Reordaining City Code, Chapter 40, Taxation; Article II., Real Estate Taxes; Division 1., Generally; Section 40-12, Levied; Amount 2. Ordinance Amending and Reordaining City Code, Chapter 42, Water Supply; Article II., Water System Capacity Expansion and Extension; Section 42-23, Waterworks System Capacity Expansion; and Article III., Water Rates and Fees; Section 42-33, Rates and Fees 3. Ordinance Amending and Reordaining City Code, Chapter 19, Solid Waste, Litter and Recycling; Article IV., Residential Solid Waste Fees; Section 19-41, Residential Solid Waste Collection Fees 4. Ordinance Amending and Reordaining City Code, Chapter 33, Sewers and Sewage Disposal; Article III., Sewer Use Charges; Section 33-33, Rate 5. Ordinance Amending and Reordaining City Code, Chapter 33, Sewers and Sewage Disposal; Article II., Connections to Public Sewer; Section 33-19, Charges 6. Ordinance Amending and Reordaining City Code, Chapter 37.1, Stormwater Management; Article II., Service Charge; Section 37.1-14; Service Charge, Billing, Payment, Interest, Fee and Lien  7. Ordinance Amending and Reordaining City Code, Chapter 38, Streets and Sidewalks; Article II., Work On, Over, Under or Affecting Streets; Division 2., Permit Generally; Section 38-50, Issuance and Term Generally; Section 38-59, Contents of Permits; Division 3., Permit, Inspection and Guarantee Fees; Section 38-67, Schedule; and Section 38-68, Amount of Inspection Fees 8. Ordinance to Adopt the Budget and Appropriate Funds to the Operate the City of Newport News for the Fiscal Year Beginning July 1, 2016 and Ending June 30, 2017 9. Ordinance Providing for the Adoption of a Classification and Pay Plan for the Employees of the City of Newport News H. Appropriations 1. Newport News Public School District (NNPS) - FY 2016 Capital Project Funding - $5,186,000 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. Cherry 5. Coleman 6. Price 7. Scott 8. Vick 9. Woodbury 10. Bateman 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. Bill Lamont, Hidenwood Presbyterian Church C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Public Comments on the Effective Real Property Tax Rate Related to the Recommended Fiscal Year 2017 Operating Budget ACTION: A REQUEST FOR CITY COUNCIL TO RECEIVE PUBLIC COMMENTS ON THE EFFECTIVE REAL PROPERTY TAX RATE AS IT RELATES TO THE RECOMMENDED FISCAL YEAR 2017 OPERATING BUDGET, AND THEN CLOSE THIS PUBLIC HEARING AND TAKE NO FURTHER ACTIONS. (An Action item to set the real estate tax rate for FY 2017 appears under "Other City Council Actions") BACKGROUND: This public hearing is required by State Code when a locality proposes an increase in property tax levies. The current tax rate is $1.22 per $100 of assessed value. The lowered tax rate necessary to offset the increased assessments would be $1.1984 per $100 of assessed value. The difference between the lowered tax rate and the proposed tax rate is $0.0216 per $100 of assessed value. That difference is 1.80% and is known as the effective tax rate increase. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description Notice of Propsed Real Property Tax Increase  NOTICE OF PROPOSED REAL PROPERTY TAX INCREASE In accordance with Section §58.1-3321 of the Code of Virginia, the following is provided: The City of Newport News, Virginia proposes to increase property tax levies. 1. Assessment Increase: Total assessed value of real property, excluding additional assessments due to new construction or improvements to property, exceeds last year’s total assessed value of real property by 1.80 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which would levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be $1.1984 per $100 of assessed value. This rate will be known as the “lowered tax rate.” 3. Effective Rate Increase: The City of Newport News proposes to adopt a tax rate of $1.22 per $100 of assessed value. The difference between the “lowered tax rate” and the proposed rate would be $0.0216 per $100 or 1.80 percent. This difference will be known as the “effective tax rate increase.” Individual property taxes may, however, increase at a percentage greater than or less than the above percentage. 4. Proposed Total Budget Increase: Based on the proposed real property tax rate and changes in other revenues, the total budget of the City of Newport News will exceed last year’s by 3.1% percent. A public hearing on the increase will be held in the City Council Chambers, 2400 Washington Avenue, Newport News, Virginia, on May 10, 2016 at 7:00 P.M., or as soon thereafter as the item may be heard. City Council encourages interested persons to attend the meeting and hearing, and to express their views on this issue. Questions concerning this matter may be directed to the Office of the City Manager at (757) 926-8411. If you are disabled and require an accommodation in order to participate in the meeting, please call the City Clerk at (757) 926-8634 at least three (3) days in advance of the meeting. Mabel Washington Jenkins, MMC City Clerk E. Public Hearings 2. Ordinance Authorizing and Directing the City Manager to Execute A Deed of Easement for an Easement Across City-owned Property Located at 15402 Warwick Boulevard ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS AND VIRGINIA ELECTRIC AND POWER COMPANY, D/B/A DOMINION VIRGINIA POWER, FOR AN EASEMENT ACROSS CITY-OWNED PROPERTY LOCATED AT 15402 WARWICK BOULEVARD. BACKGROUND: This easement request is part of a larger project of improvements for the Atkinson Boulevard and Bridge Project. A request to receive bids was properly advertised in the Daily Press on April 11, 2016 and on April 18, 2016. City Council received bids for this easement at its April 26, 2016 meeting. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Bid Award for 15402 Warwick Blvd Attachment Location Map 15402 Warwick Boulevard sdm14270 Authorizing re Deed of Easement between City and Dominion VA Power  APPROXIMATE LOCATION OF ATKINSON BOULEVARD EXTENSION O N WAY ATKINS LVD O WB EASEMENT SNID R WA CK WI VD E BL LL WA LE ND R µ CITY OF NEWPORT NEWS, VIRGINIA EASEMENT FOR 15402 WARWICK BOULEVARD E. Public Hearings 3. Ordinance Authorizing and Directing the City Manager to Execute A Deed of Easement for an Easement Across City-owned Property Located at 13141 Jefferson Avenue ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS AND VIRGINIA ELECTRIC AND POWER COMPANY D/B/A DOMINION VIRGINIA POWER FOR AN EASEMENT ACROSS CITY-OWNED PROPERTY LOCATED AT 13141 JEFFERSON AVENUE. BACKGROUND: This easement request is part of a larger project of improvements for the Atkinson Boulevard and Bridge Project. A request to receive bids was properly advertised in the Daily Press on April 11, 2016 and on April 18, 2016. City Council received bids for this easement at its April 26, 2016 meeting. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Bid Award for 13141 Jefferson Ave. Attachment Location Map 13141 Jefferson Avenue sdm14268 Authorizing re Deed of Easement between City and VA Power (13141 Jefferson Ave)  IRVIN DR AEL CH W 4 MI I-6 EI -64 APPROXIMATE LOCATION OF ATKINSON BOULVARD EXTENSION T JOEL C WOO DHAVEN RD EASEMENT µ CITY OF NEWPORT NEWS, VIRGINIA EASEMENT FOR 13141 JEFFERSON AVENUE E. Public Hearings 4. Ordinance Authorizing and Directing the City Manager to Execute a Deed of Easement and Agreement by and between the City and Deer Run 3, LLC, for Landscaping of City-owned Property, Located Across a Portion of 791 Industrial Park Drive and Woodside Lane ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A DEED OF EASEMENT AND AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND DEER RUN 3, LLC. BACKGROUND: In 1999, City Council approved a Deed of Easement and Agreement between the City and Luck Stone Corporation (now Deer Run 3, LLC). In exchange for the right of ingress and egress over the City- owned easement area to access its property located at 781 Industrial Park Drive, Luck Stone Corporation agreed to construct and maintain a landscaped berm. The Deed of Easement and Agreement has been extended in accordance with its terms three times, and the current extension expires May 23, 2016. Deer Run 3, LLC has requested that the Deed of Easement and Agreement be extended again under the same terms and conditions in order to continue maintenance of the landscaped berm and access to its property. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Deer Run 3 Easement & Agrmnt sdm14277 Authorizing re Deed of Easement and Agreement between City and Deer Run 3, LLC E. Public Hearings 5. Resolution Authorizing Plan Amendment No. PLN-16-14, City of Newport News, to the Framework for the Future 2030 Comprehensive Plan Land Use Map Designation from Transportation, Natural Area/Open Space and Parks and Recreation to Community Commercial for a Portion of Property Located at 900 Bland Boulevard ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING PLAN AMENDMENT PLN-16-14, TO THE FRAMEWORK FOR THE FUTURE 2030 COMPREHENSIVE PLAN LAND USE MAP DESIGNATION FROM TRANSPORTATION, NATURAL AREA/OPEN SPACE AND PARKS AND RECREATION TO COMMUNITY COMMERCIAL FOR A 33.37 ACRE PORTION OF PROPERTY LOCATED AT 900 BLAND BOULEVARD. BACKGROUND: The area under consideration is identified as transportation, natural area/open space and parks and recreation on the Framework for the Future 2030 Comprehensive Plan land use map. The plan amendment recommends community commercial uses as recommended in the Newport News/Williamsburg International Airport's 2014 Master Plan. On April 6, 2016, the City Planning Commission voted 5:4 to recommend approval of the plan amendment to City Council. Vote on Roll Call For: Groce, Fox, Jones, Maxwell, Willis Against: Austin, Carpenter, Mulvaney, Simmons Abstention: None The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re PLN-16-14 CPC Notes Resolution E. Public Hearings 6. Ordinance Authorizing Change of Zoning No. CZ-16-379, to Peninsula Airport Commission, for a Portion of Property Located at 900 Bland Boulevard and Zoned M1 Light Industrial to C1 Retail Commercial with Proffers, to Allow for Retail Development ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 5028-97, BY AMENDING THE ZONING DISTRICT MAP FOR CHANGE OF ZONING APPLICATION NO. CZ-16-379, BY PENINSULA AIRPORT COMMISSION, FOR A 33.37 ACRE PORTION OF PROPERTY LOCATED AT 900 BLAND BOULEVARD, ZONED M1 LIGHT INDUSTRIAL TO C1 RETAIL COMMERCIAL WITH PROFFERS, TO ALLOW FOR RETAIL DEVELOPMENT. BACKGROUND: The proposed zoning will allow a combination of uses including a grocery store and other commercial uses not allowed under the current zoning. The proffers provided by the applicant will guide the design and development of the property. The proposed change of zoning is compatible with the Framework for the Future 2030 Comprehensive Plan land use map amendment PLN- 16-14. On April 6, 2016, the City Planning Commission voted 5:4 to recommend approval of the request to City Council. Vote on Roll Call For: Groce, Fox, Jones, Maxwell, Willis Against: Austin, Carpenter, Mulvaney, Simmons Abstention: None The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re CZ-16-379 Staff Report and CFC Minutes Excerpt Ordinance for CZ-16-379 F. Consent Agenda 1. Minutes of the Budget Public Hearing of April 14, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Budget Public Hearing of April 14, 2016 F. Consent Agenda 2. Minutes of the Work Session of April 26, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session of April 26, 2016 F. Consent Agenda 3. Minutes of the Special Meeting of April 26, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Special Meeting of April 26, 2016 F. Consent Agenda 4. Minutes of the Regular Meeting of April 26, 2016 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting of April 26, 2016 F. Consent Agenda 5. Resolution of Appreciation: Colonel William S. Galbraith on his Retirement as the Commander, 733d Mission Support Group Army Element-Joint Base Langley—Eustis from June 15, 2013 to June 28, 2016 ACTION: A REQUEST TO APPROVE A RESOLUTION OF APPRECIATION FOR COLONEL WILLIAM S. GALBRAITH ON HIS RETIREMENT AS THE COMMANDER, 7733D MISSION SUPPORT GROUP ARMY ELEMENT-JOINT BASE LANGLEY - EUSTIS FROM JUNE 15, 2013 - JUNE 28, 2016. BACKGROUND: Colonel William S. Galbraith served as the Commander, 733d Mission Support Group Army Element - Joint Base Langley- Eustis (JBLE) since June 15, 2013 and is scheduled to transfer command on June 28, 2016. Colonel Galbraith was commissioned in 1990 and his service includes various logistics positions at the platoon, company, battalion and division levels. He has participated in contingency operations twice in Iraq and twice in Afghanistan. In his current position, Colonel Galbraith oversees facility maintenance, environmental and cultural resource programs, base security, housing installation supply, transportation and personnel support services for a post community hosting over 22,000 active duty, civilian, and retired personnel. As Commander of the 733d Mission Support Group, Colonel Galbraith has served the City of Newport News and the Hampton Roads area by providing leadership and support to the military members at all levels and their families assigned to JBLE. This Resolution of Appreciation recognizes Colonel Galbraith for his service to the citizens of Newport News, the Virginia Peninsula, and to the United States of America. The City Manager recommends approval.  FISCAL IMPACT: N/A ATTACHMENTS: Description rag1066 Reso of Appreciation re Colonel William S. Galbraith rag1066 RESOLUTION NO. _______________ RESOLUTION OF APPRECIATION WHEREAS, Colonel William S. Galbraith served as the Commander, 733d Mission Support Group Army Element- Joint Base Langley-Eustis (JBLE) since June 15, 2013 and is scheduled to transfer command on June 28, 2016; and WHEREAS, the personnel of the 733d Mission Support Group Army Element- Joint Base Langley-Eustis (JBLE) provide continuous mission support and quality of life for the U.S. Army Training and Doctrine Command Headquarters, 7th Transportation Brigade (Expeditionary), 128th Aviation Brigade, 597th Transportation Brigade and over 15 other tenant units; and WHEREAS, Colonel Galbraith was commissioned in 1990 and his service includes various logistics positions at the platoon, company, battalion and division staff levels. He has participated in contingency operations twice in Iraq and twice in Afghanistan. In his current position, Colonel Galbraith oversees facility maintenance, environmental and cultural resource programs, base security, housing, installation supply, transportation and personnel support services for a post community hosting over 22, 000 active duty, civilian, and retired personnel; and WHEREAS, as Commander of the 733d Mission Support Group, Colonel Galbraith has served the City of Newport News, Virginia and the Hampton Roads area by providing leadership and support to the military members at all levels and their families assigned to JBLE. In addition, he has also served as a member of the Virginia Military Advisory Council which was established to maintain a common and productive relationship between the Commonwealth and the Armed Forces of the United States; and WHEREAS, Colonel Galbraith has provided expertise, wisdom, and guidance to the military and civilian members of the 733d Mission Support Group and tenants assigned in the efforts to improve the implementation of Joint Base Langley-Eustis from two separate military installations into one; and WHEREAS, Colonel Galbraith gave of his talents and time to extol the value that the men and women of the Department of Defense and in particular the U.S. Army provide to the United States of America and her citizens; and WHEREAS, due to his unwavering commitment and call to excellence Colonel Galbraith leaves the 733d Mission Support Group, Army Element JBLE well positioned to support the Department of Defense and to remain an active and vital military installation on the Virginia Peninsula. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That it hereby recognizes the dedicated and effective service of Colonel William S. Galbraith as the Commander, 733d Mission Support Group Army Element-Joint  Base Langley-Eustis to the City of Newport News and the Virginia Peninsula. 2. That it expresses its sincere appreciation to Colonel William S. Galbraith for his service to the citizens of Newport News, the Virginia Peninsula, and to the United States of America. 3. That a copy of this resolution be spread upon the records of this body and that a copy be delivered to Colonel William S. Galbraith. 4. That this resolution take effect on and after the date of its adoption, May 10, 2016. 2 G. Other City Council Actions 1. City Code Related Ordinances to Enact the City Manager's Fiscal Year 2017 Operating Budget ACTION: A REQUEST TO ADOPT THE FOLLOWING ORDINANCES TO ENACT THE CITY MANAGER'S FISCAL YEAR 2017 OPERATING BUDGET. BACKGROUND: 1. Ordinance Amending and Reordaining City Code, Chapter 40, Taxation; Article II., Real Estate Taxes; Division 1., Generally; Section 40-12, Levied; Amount 2. Ordinance Amending and Reordaining City Code, Chapter 42, Water Supply; Article II., Water System Capacity Expansion and Extension; Section 42-23, Waterworks System Capacity Expansion; and Article III., Water Rates and Fees; Section 42- 33, Rates and Fees 3. Ordinance Amending and Reordaining City Code, Chapter 19, Solid Waste, Litter and Recycling; Article IV., Residential Solid Waste Fees; Section 19-41, Residential Solid Waste Collection Fees 4. Ordinance Amending and Reordaining City Code, Chapter 33, Sewers and Sewage Disposal; Article III., Sewer Use Charges; Section 33-33, Rate 5. Ordinance Amending and Reordaining City Code, Chapter 33, Sewers and Sewage Disposal; Article II., Connections to Public Sewer; Section 33-19, Charges 6. Ordinance Amending and Reordaining City Code, Chapter 37.1, Stormwater Management; Article II., Service Charge; Section 37.1-14; Service Charge, Billing, Payment, Interest, Fee and Lien 7. Ordinance Amending and Reordaining City Code, Chapter 38, Streets and Sidewalks; Article II., Work On, Over, Under or Affecting Streets; Division 2., Permit Generally; Section 38-50, Issuance and Term Generally; Section 38-59, Contents of Permits; Division 3., Permit, Inspection and Guarantee Fees;  Section 38-67, Schedule; and Section 38-68, Amount of Inspection Fees 8. Ordinance to Adopt the Budget and Appropriate Funds to the Operate the City of Newport News for the Fiscal Year Beginning July 1, 2016 and Ending June 30, 2017 9. Ordinance Providing for the Adoption of a Classification and Pay Plan for the Employees of the City of Newport News FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re FY2017 Operating Budget sdm14307 Ord re Sec40-12 Taxation, Real Estate sdm14196 Ord re Sec42-23 and 42-33 (water) smd14193 Ord re Sec 19-41, Residential Solid Waste Fees sdm14194 Ord re Sec 33-33 Rate, Sewer Use Charges sdm14197 Ord re Sec 33-19, Connections to Public Sewer sdm14195 Ord re Sec 37.1-14, Stormwater Mangement Service Charge sdm14198 Ord re Sec 38-50, Sec 38-59, Sec 38-67, Sec 38-68, Streets and Sidewalks rag1069 Ord to Approve Budget to Operate City FY2016-2017 sdm14313 Adoption of Classification & Pay Plan sdm14307 ORDINANCE NO. _______________ AN ORDINANCE TO REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., REAL ESTATE TAXES, DIVISION 1., GENERALLY, SECTION 40-12, LEVIED; AMOUNT. WHEREAS, under circumstances specified therein, Section 58.1-3321 of the Code of Virginia requires a special public hearing process when assessments of real property in a locality would result in an “effective tax rate increase;” and WHEREAS, the application of Section 58.1-3321 is triggered when any annual assessment, biennial assessment or general reassessment of real property in the locality would result in an increase of 1 percent or more in the total real property tax levied in a locality, excluding additional assessments or reassessments due to the construction of new or other improvements; and WHEREAS, the City Manager reports that the total assessed value of such real property in fiscal year 2017 exceeds last year’s total assessed value by 1.80 percent; and WHEREAS, the tax rate which would levy the same amount of real estate tax as fiscal year 2016 when multiplied by the new total assessed value of real estate, with the exclusions mentioned above, would be $1.1984 per $100 of assessed value, which rate is known as the “lowered tax rate;” and WHEREAS, the difference between the “lowered tax rate” and the tax rate proposed in the City Manager’s recommended operating budget is $0.0216 per $100 or 1.80 percent, which difference is known as the “effective tax rate increase;” and WHEREAS, individual property taxes may increase at a percentage greater than or less than the above percentage; and WHEREAS, the City Council deems it to be necessary to increase the real estate tax rate for fiscal year 2017 above the rate that would produce no more than 101 percent of last year’s real property tax levies, to the same rate as in fiscal year 2016, or $1.22 per $100 of assessed value, and to take such action herein to adopt that rate; and WHEREAS, a public hearing on the proposed “effective tax rate increase” was held on May 10, 2016. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 40, Taxation, of the Code of the City of Newport News, Virginia, Article II., Real Estate Taxes, Division 1., Generally, Section 40-12, Levied; amount, be, and the same hereby is, reordained as follows:  CHAPTER 40 TAXATION ARTICLE II. REAL ESTATE TAXES DIVISION 1. GENERALLY Sec. 40-12. Levied; amount. (a) For the calendar year beginning on January 1, 2002, and ending on December 31, 2002, and for the calendar year beginning on January 1, 2003, and for each and every calendar year thereafter, unless changed, the taxes on taxable real property of public service corporations in the City of Newport News, Virginia, shall be as follows: (1) For the period beginning on January 1, 2002, and ending on June 30, 2002, the tax on lands, lots and improvements thereon, and for all other taxable real estate of public service corporations shall be, and hereby is, levied at the rate of one dollar and twenty-four cents ($1.24) per year on every one hundred dollars ($100.00) of the assessed value thereof, pro-rated for the six-month period. (2) For the period beginning on July 1, 2002, and ending on December 31, 2002, unless changed, the tax on lands, lots and improvements thereon, and for all other taxable real estate of public service corporations shall be, and hereby is, levied at the rate of one dollar and twenty-seven cents ($1.27) per year on every one hundred dollars ($100.00) of the assessed value thereof, pro-rated for the six month period. (3) For the calendar year beginning January 1, 2003, and ending December 31, 2003, and for each and every calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and twenty-seven cents ($1.27) on every one hundred dollars ($100.00) of the assessed value thereof. (4) For the period beginning on January 1, 2005, and ending on June 30, 2005, the tax on lands, lots and improvements thereon, and for all other taxable real estate of public service corporations shall be, and hereby is, levied at the rate of one dollar and twenty-seven cents ($1.27) per year on every one hundred dollars ($100.00) of the assessed value thereof, pro-rated for the six-month period. (5) For the period beginning on July 1, 2005, and ending on December 31, 2005, unless changed, the tax on lands, lots and improvements thereon, and for all other taxable real estate of public service corporations shall be, and hereby is, levied at the rate of one dollar and twenty-four cents ($1.24) per year on every one hundred dollars 2  ($100.00) of the assessed value thereof, pro-rated for the six month period. (6) For the calendar year beginning January 1, 2006, and ending December 31, 2006, and for each and every calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and twenty-four cents ($1.24) on every one hundred dollars ($100.00) of the assessed value thereof. (7) For the period beginning on January 1, 2006, and ending on June 30, 2006, the tax on lands, lots and improvements thereon, and for all other taxable real estate of public service corporations shall be, and hereby is, levied at the rate of one dollar and twenty-four cents ($1.24) per year on every one hundred dollars ($100.00) of the assessed value thereof, pro-rated for the six-month period. (8) For the period beginning on July 1, 2006, and ending on December 31, 2006, unless changed, the tax on lands, lots and improvements thereon, and for all other taxable real estate of public service corporations shall be, and hereby is, levied at the rate of one dollar and twenty cents ($1.20) per year on every one hundred dollars ($100.00) of the assessed value thereof, pro-rated for the six month period. (9) For the calendar year beginning January 1, 2007, and ending December 31, 2007, and for each and every calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and twenty cents ($1.20) on every one hundred dollars ($100.00) of the assessed value thereof. (10) For the calendar year beginning January 1, 2008, and ending December 31, 2008, and for each calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and ten cents ($1.10) on every one hundred dollars ($100.00) of the assessed value thereof. (11) For the calendar year beginning January 1, 2009, and ending December 31, 2009, and for each calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and ten cents ($1.10) on every one hundred dollars ($100.00) of the assessed value thereof. (12) For the calendar year beginning January 1, 2010, and ending December 31, 2010, and for each calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and ten cents ($1.10) 3  on every one hundred dollars ($100.00) of the assessed value thereof. (13) For the period beginning July 1, 2013, and ending on December 31, 2013, unless changed, the tax on lands, lots and improvements thereon, and for all other taxable real estate of public service corporations shall be, and hereby is, levied at the rate of one dollar and twenty-two cents ($1.22) per year on every one hundred dollars ($100.00) of the assessed value thereof, prorated for the six month period. (14) For the calendar year beginning January 1, 2014, and ending December 31, 2014, and for each calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and twenty-two cents ($1.22) on every one hundred dollars ($100.00) of the assessed value thereof. (15) For the calendar year beginning January 1, 2015, and ending December 31, 2015, and for each calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and twenty-two cents ($1.22) on every one hundred dollars ($100.00) of the assessed value thereof. (16) For the calendar year beginning January 1, 2016, and ending December 31, 2016, and for each calendar year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and all other taxable real estate of public service corporations at the rate of one dollar and twenty-two cents ($1.22) on every one hundred dollars ($100.00) of the assessed value thereof. (b) For the fiscal year beginning on July 1, 20152016, and ending on June 30, 20162017, and for each and every fiscal year thereafter, unless changed, there shall be, and hereby is, levied a tax on all lands, lots and improvements thereon, and on all other taxable real estate, except that of public service corporations, and except such lands, lots and improvements thereon and all real estate as is exempt from taxation by the laws of the Commonwealth of Virginia or by ordinance of the City of Newport News, at the rate of one dollar and twenty-two cents ($1.22) of every one hundred dollars ($100.00) of assessed value thereof. 2. That this ordinance shall be in effect on and after July 1, 2016. 4 rag1069 ORDINANCE NO. ____________________ AN ORDINANCE TO APPROVE THE BUDGET AND APPROPRIATE FUNDS TO OPERATE THE CITY OF NEWPORT NEWS FOR THE FISCAL YEAR BEGINNING JULY 1, 2016, AND ENDING JUNE 30, 2017 INCLUSIVE. BE IT ORDAINED by the Council of the City of Newport News: 1. That the budget for the fiscal year beginning July 1, 2016, and ending June 30, 2017, inclusive, as indicated by the amounts appropriated in paragraph 2 below, be, and the same is hereby approved. 2. That the following amounts are hereby appropriated to the categories as listed in the aforesaid budget: General, School Operating, Public Utilities, Vehicle and Equipment Services, Special Revenue and Trust Operating, and Community Development Funds OPERATING BUDGET General Fund Legislative $617,480 General Administration 4,727,178 Financial 10,424,013 Information Technology 9,392,608 Board of Elections 442,313 Judicial Administration 2,945,066 Commonwealth Attorney 3,906,628 Public Safety 79,341,375 Corrections and Detention 29,565,005 Inspections 3,087,160 Engineering 5,788,797 Public Works 23,103,421 Health and Welfare 38,467,773 Parks, Recreation and Cultural 17,711,103 Planning and Community Development 4,627,512 Nondepartmental 62,378,234 Payments to Other Funds 59,822,334 General Fund Operating Budget $356,348,000 City Support to School Operating Budget 118,300,000 Sub-Total General Fund Operations $474,648,000 Federal Grant Funds $2,500,000 State Grant Funds 1,650,000 Total General Fund Appropriations $478,798,000 Waterworks Fund Waterworks Fund Operating Budget $67,619,381 Payments to the City 13,147,954 Capital Projects and Equipment 7,982,665 Total Waterworks Fund Appropriations $88,750,000 School Operating Fund State Appropriations $180,157,508 Federal and Other Appropriations 6,132,500 City Appropriations 1. Operating Funds $107,089,490 2. Debt Service 11,210,510 Total City Funding Support 118,300,000 Total School Operating Fund Appropriations $304,590,008 Vehicle and Equipment Services Fund Vehicle and Equipment Services Fund $13,347,000 Total Vehicle and Equipment Services Fund Appropriations $13,347,000 SUBTOTAL - APPROPRIATIONS $885,485,008 LESS - Payments to Other Funds From General Fund To School Fund $118,300,000 From Waterworks Fund To General Fund 13,147,954 From Waterworks Fund for Capital Improvements 7,982,665 From General Fund To Vehicle and Equipment Services Fund 7,702,439 From Vehicle and Equipment Services Fund To General Fund 26,635 $147,159,693 TOTAL OPERATING BUDGET $738,325,315 SPECIAL REVENUE AND TRUST FUNDS Auto Self Insurance Fund $1,364,000 General Liability Insurance Fund 1,794,000 Worker's Compensation Fund 3,170,000 Recreation Revolving Fund 4,688,300 Historical Services Fund 1,114,000 Golf Course Revolving Fund 1,680,000 Leeward Marina Revolving Fund 284,000 Tourism, Promotion, Development Fund 1,426,000 School Worker's Compensation Fund 2,072,000 School Textbook Fund 1,719,219 Street/Highway Maintenance Fund 16,584,585 Economic Development Fund 169,900 Law Library Fund 132,000 Stormwater Management Fund 22,135,000 Solid Waste Revolving Fund 14,943,000 Wastewater Fund 21,797,000 Peninsula Regional Animal Shelter Fund 2,404,300 Debt Service Fund 61,368,450 Economic Industrial Development Fund 29,130,000 Applied Research Center Fund 1,670,700 Parking Facilities Fund 774,200 Pension Trust Fund 72,337,000 City Retirement-Post Retirement Fund 8,245,000 Line of Duty Act Benefit Fund 256,300 SUBTOTAL - SPECIAL REVENUE and TRUST FUNDS $271,258,954 LESS Payments from Other Funds ($134,991,720) Payments to Other Funds ($17,434,253) ($152,425,973) TOTAL SPECIAL REVENUE AND TRUST FUNDS $118,832,981 COMMUNITY DEVELOPMENT FUND Community Development Block Grant $1,429,017 TOTAL CITY BUDGET $858,587,313 3. That this ordinance shall be in effect on and after July 1, 2016. sdm14313 ORDINANCE NO. _______________ AN ORDINANCE PROVIDING FOR THE ADOPTION OF A CLASSIFICATION AND PAY PLAN FOR THE EMPLOYEES OF THE CITY OF NEWPORT NEWS. WHEREAS, City Council appropriated funding for the implementation of the City of Newport News employee Classification and Compensation Plan in its Fiscal Year 2017 Operating Budget. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Newport News pursuant to Section 4.02(D) of the Charter of the City of Newport News: 1. That the City Manager is hereby authorized to develop, administer and implement the Classification and Pay Plan for all classes of City of Newport News officers and employees effective Fiscal Year July 1, 2016 and thereafter. 2. All employees of the City of Newport News shall be included in the classification plan with the exception of the following: (a) Officials elected by the people and persons appointed to fill vacancies in elective offices, and employees of Constitutional Officers unless inclusion of employees of Constitutional Officers in the Classification and Pay Plan is specifically approved by the City Manager; (b) Members of boards and commissions, the City Manager, the City Attorney, the City Clerk, and other positions appointed by City Council, the City Registrar, and persons appointed by the Judges of the Circuit Court; (c) The Assistant City Managers, Executive staff and attorneys employed in the City Attorney’s Office; (d) Employees of the school board; (e) Licensed physicians employed by the City in their professional capacities; (f) Persons temporarily employed in a professional or scientific capacity, or to conduct a special inquiry, investigation or examination if the Council or the City Manager certifies that such employment is temporary and that the work shall not be performed by employees in the classified service; and (g) Persons employed in temporary or regular part-time jobs which are not equivalent to jobs included in the classification plan.  3. Employees of agencies for which the City acts as fiscal agent are not employees of the City of Newport News. 4. The City Manager is authorized to promulgate and administer all provisions which govern salary and classification adjustments for all employees made necessary through the implementation of the Classification and Pay Plan. 5. The City Manager is responsible for the overall development and implementation of the City’s Classification and Pay Plan and for promulgating policies and procedures for the equitable administration of the plan. 6. The City Manager is hereby authorized to establish policies governing the award of any additional compensation to employees in positions exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and the circumstances under which such compensation may be made. 7. Notwithstanding any provision of this ordinance, the City Attorney, the Commonwealth Attorney and the City Clerk, with the prior approval of the City Council, shall have responsibility for the administration of the Classification and Pay Plan as it relates to their respective deputies and assistants. 8. This ordinance shall be in effect on and after July 1, 2016. H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Newport News Public School District – FY 2016 Capital Project Funding – $5,186,000 H. Appropriations 1. Newport News Public School District (NNPS) - FY 2016 Capital Project Funding - $5,186,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $5,186,000 FROM FY 2016 BONDS AUTHORIZED AND UNISSUED TO THE NEWPORT NEWS PUBLIC SCHOOL (NNPS) DISTRICT FOR CAPITAL PROJECTS. BACKGROUND: The request for $5,186,000 will be used by NNPS to fund critical capital projects. $4,430,595 is programmed for HVAC projects at Carver Elementary and Lee Hall Elementary schools. $486,000 will fund the design of roof projects to be bid for replacement in FY 2017. $269,405 will reconcile City funding provided to NNPS for ongoing capital projects. The net amount available for use by NNPS will total $4,916,595 FISCAL IMPACT: The funding source for this appropriation is FY 2016 Bonds Authorized and Unissued. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re FY2016 NNPS Capital Proj sdm14315 Appropriation re NNPS District-FY16 Capital Project Funding sdm14315 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO ROOF REPLACEMENT DESIGN, HVAC REPLACEMENT AND SCHOOL IMPROVEMENTS - OTHER. 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 Roof Replacement Design, HVAC Replacement and School Improvements - Other, as follows: Appropriation From: Bonds Authorized and Unissued 4104-650-70-700H-579000-000000-2016- 00000-H0000 $ 5,186,000.00 Appropriation To: Roof Replacement Design 4104-650-70-700H-579527-000000-2016- 00000-H4001 $ 486,000.00 HVAC Replacement 4104-650-70-700H-579519-000000-2016- 00000-H4002 $ 4,430,595.00 School Improvements - Other 4104-650-70-700H-579407-000000-2016- 00000-H4003 $ 269,405.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. New Business and Councilmember Comments City Manager City Attorney City Clerk Cherry Coleman Price Scott Vick Woodbury Bateman 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.”