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 JUNE 13, 2017 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Apostle C.L. Spells, Harvestland Ministries International C. Pledge of Allegiance to the Flag of the United States of America D. Presentations 1. Presentation: Newport News Sheriff’s Office - Virginia Law Enforcement Professional Standard Commission (VLEPSC) Re-Accreditation Award E. Public Hearings 1. Ordinance Authorizing the Vacation of a Portion of Shoe Lane and an Adjacent 20-foot Lane F. Consent Agenda 1. Minutes of the Work Session of May 23, 2017 2. Minutes of the Special Meeting of May 23, 2017 3. Minutes of the Regular Meeting of May 23, 2017 4. Ordinance Accepting the Streets and Public Improvements in Brooks Crossing Phase 1 into the City Street System 5. Ordinance Amending City Code, Chapter 28, Offenses-Miscellaneous; Section 28-7, Calling Ambulance or Firefighting Apparatus Without Cause; Malicious Activation of Fire Alarm in Public Building 6. Ordinance Amending City Code, Chapter 31, Pensions and Retirement;  Article II., Employees’ Retirement Fund; Division 2., Definitions; Section 31-25, Definitions; Division 7., Administration; Section 31-73, Changes or Errors in Records Resulting in Erroneous Calculations or Payments; and Division 8., Administration; Section 31-144, Investment of Reserves G. Other City Council Actions 1. Receipt of Bids for an Ordinance Authorizing a Lease for a 23,200 Square- foot Property, known as Seafood Industrial Park (SIP) Parcel 5, Located at 801 Jefferson Avenue 2. Ordinance Amending City Code, Chapter 2, Administration; Article V., Employee Grievances; Section 2-184, Coverage of Personnel; Section 2- 185, Determination of Access, Grievability and Compliance; Section 2-186, Grievance Procedure 3. Ordinance Approving a Lease Renewal between the City of Newport News, Virginia and Papco Inc. for Parcel 9, Located in Seafood Industrial Park (SIP) 4. Resolution Repealing Resolution No. 12311-12, Which Authorized the Provision of, and Fees and Charges for, Water and Sewer Services to a Lessee or Tenant Without Obtaining an Authorization Form from the Property Owner H. Appropriations 1. Department of Development – FY 2017 Bonds Authorized and Issued: Community Development Category – $1,300,000 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. Scott 5. Vick 6. Woodbury 7. Bateman 8. Cherry 9. Harris 10. Price 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 – Apostle C.L. Spells, -Harvestland Ministries International C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing the Vacation of a Portion of Shoe Lane and an Adjacent 20-foot Lane ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE VACATION OF AN ABANDONED PORTION OF SHOE LANE AND AN ADJACENT ABANDONED 20-FOOT LANE IN THE CITY OF NEWPORT NEWS, VIRGINIA. BACKGROUND: A request has been received from the Rector and Board of Visitors of Christopher Newport University (CNU) for the City to vacate its interest in a portion of right-of-way formerly known as Shoe Lane, along with an abandoned 20-foot lane which dates back to a plat which was recorded in 1923. Information regarding vacating the relevant rights-of-way has been circulated for interdepartmental review, to which no objections were noted. The requested vacation will clear up present and future title and potential liability issues. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Vacation of Portion of Shoe Lane Attachment - Compiled Plat sdm15488 Ordinance Vacating a Portion of Shoe Lane  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER June 7, 2017 TO: The Honorable City Council FROM: City Manager SUBJECT: Vacation of a Portion of Shoe Lane and Abandoned 20-Foot Lane A request has been received from the Rector and Board of Visitors of Christopher Newport University (CNU) for the City to vacate its interest in a portion of right-of-way formerly known as Shoe Lane, along with an abandoned 20-foot lane which dates back to a plat which was recorded in 1923. Both portions are shown on the attached plat entitled, "Complied Plat Showing Portion of Shoe Lane (Abandoned) and a 20’ Lane (Abandoned) to Be Vacated," made by Koontz-Bryant, P.C., and dated April 13, 2017. Information regarding the rights-of-way has been circulated for interdepartmental review and City staff determined that the City is best served by vacating its interest in the paper streets to clear up present and future title and potential liability issues. As a result of this review process, City staff determined we should reserve a 20-foot-wide sanitary sewer easement within the former Shoe Lane portion, as shown on the referenced plat. I recommend City Council approve the Ordinance vacationing the reference properties and authorizing me to execute any documents necessary to effectuate the transaction. __________________________________ Cynthia D. Rohlf CDR:tcf Attachment cc: Florence G. Kingston, Director, Department of Development G:\Cindy Rohlf\1 CM CORRESPONDENCE\Correspondence\2017\6June\Memo to HCC re Vacation of Shoe Ln and a 20ft Lane 6 7 17.docx F. Consent Agenda 1. Minutes of the Work Session of May 23, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Work Session of May 23, 2017 F. Consent Agenda 2. Minutes of the Special Meeting of May 23, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Special Meeting of May 23, 2017 F. Consent Agenda 3. Minutes of the Regular Meeting of May 23, 2017 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of the Regular Meeting of May 23, 2017 F. Consent Agenda 4. Ordinance Accepting the Streets and Public Improvements in Brooks Crossing Phase 1 into the City Street System ACTION: A REQUEST TO ADOPT AN ORDINANCE ACCEPTING 33RD STREET, BROOKS CROSSING WAY, 32ND STREET, 31ST STREET AND TERMINAL AVENUE, IN BROOKS CROSSING SUBDIVISION, PHASE 1 AND THE PHYSICAL IMPROVEMENTS INTO THE CITY’S STREET SYSTEM. BACKGROUND: A final inspection has been made of the streets and physical improvements in the Brooks Crossing Subdivision, Phase 1. The inspection indicates compliance with all requirements. Once accepted, the streets which were constructed at the owner’s expense will be eligible for State Maintenance reimbursements to the City. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Acceptance of Streets in Brooks Crossing Attachment Location Map Brooks Crossing Phase 1 sdm15446 Street Acceptance re Brooks Crossing, Phase 1  29th St Jefferson Ave 31st St (60' ROW) 33rd St (60' ROW) Brooks Crossing Way (50' ROW) 32nd St (50' ROW) 30th St 33rd St (50' ROW) Terminal Ave (50' ROW) Terminal Ave N I-664 S I-664 CITY OF NEWPORT NEWS, VIRGINIA Brooks Crossing Phase 1 µ 50' & 60' Right-of-Way Acceptance sdm15446 ORDINANCE NO. ____________ AN ORDINANCE TO ACCEPT 33RD STREET, BROOKS CROSSING WAY, 32ND STREET, 31ST STREET AND TERMINAL AVENUE, BROOKS CROSSING SUBDIVISION, PHASE 1, AND THE PHYSICAL IMPROVEMENTS CONTAINED THEREIN AND THEREON INTO THE CITY STREET SYSTEM. WHEREAS, THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF NEWPORT NEWS, a political subdivision of the Commonwealth of Virginia, owner of a certain subdivision in the City of Newport News, as shown on a certain plat entitled, "Plat Showing Subdivision and Right-of-Way Dedication Property of Economic Development Authority for the City of Newport News, Virginia", dated July 16, 2016, made by Vanasse Hangen Brustlin, Inc. (VHB), which was recorded on September 1, 2016, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, as Instrument Number 160012662, has requested the City of Newport News to accept into the City System of Streets for public maintenance those certain streets named 33rd Street, Brooks Crossing Way, 32nd Street, 31st Street and Terminal Avenue, 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: 33rd Street (variable width right-of-way) - Beginning at the western property corner of Parcel 305020626 as a 60' right-of-way, extending in a westerly direction for approximately 144 feet at which point 33rd Street then becomes a 50' right-of-way and continuing approximately 470.65 feet to its end for a total length of 614.65 feet. Brooks Crossing Way (50' right-of-way) - Beginning at its intersection on the southeast side of 33rd Street extending in a southerly direction for approximately 215 feet where it intersects with 32nd Street.  32nd Street (50' right-of-way) - Beginning at Jefferson Avenue and extending in a westerly direction for approximately 714.65 feet at which point it intersects with Terminal Avenue. Brooks Crossing Way (50' right-of-way) - Beginning at its intersection on the southeast side of 32nd Street and continuing in a southeast direction for approximately 268 feet through its intersection on southeast side of 31st Street. 31st Street (60' right-of-way) - Beginning at Jefferson Avenue and extending in a westerly direction for approximately 187 feet at which point it intersects with Brooks Crossing Way. Terminal Avenue (50' right-of-way) - Beginning at its intersection on the northwesterly side of 33rd Street and continuing in a southeast direction for approximately 280 feet where it ends as shown on that certain plat entitled, "Plat Showing Subdivision and Right-of-Way Dedication Property of Economic Development Authority for the City of Newport News, Virginia", dated July 16, 2016, made by Vanasse Hangen Brustlin, Inc. (VHB), which was recorded on September 1, 2016, in the Clerk's Office of the Circuit Court for the City of Newport News, Virginia, as Instrument Number 160012662. F. Consent Agenda 5. Ordinance Amending City Code, Chapter 28, Offenses-Miscellaneous; Section 28-7, Calling Ambulance or Firefighting Apparatus Without Cause; Malicious Activation of Fire Alarm in Public Building ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 28, OFFENSES-MISCELLANEOUS; SECTION 28-7, CALLING AMBULANCE OR FIREFIGHTING APPARATUS WITHOUT CAUSE; MALICIOUS ACTIVATION OF FIRE ALARM IN PUBLIC BUILDING; TO COMPLY WITH STATE CODE. BACKGROUND: House Bill 1404 of the Virginia General Assembly is amending §18.2-212 of the Code of Virginia, which will take effect July 1, 2017. The updated code removes the requirement that a building be for the purpose of public use in order for the malicious activation of a fire alarm to be considered a Class 1 misdemeanor. The amendments also updates the language from “ambulance” to “emergency medical services vehicle” and removes references to the public buildings to ensure our code is in compliance with updated state law. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Activation of Fire Alarm in Public Bldg sdm15485 Amending Sec. 28-7 sdm15485 ORDINANCE NO. _______________ AN ORDINANC E TO AMEND AND R EOR DAIN C HAP TER 28, OFFENSES–MISCELLANEOUS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, SECTION 28-7, CALLING AMBULANCE OR FIREFIGHTING APPARATUS WITHOUT CAUSE; MALICIOUS ACTIVATION OF FIRE ALARM IN PUBLIC BUILDING. BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That Chapter 28, Offenses–Miscellaneous, of the Code of the City of Newport News, Virginia, Section 28-7, Calling ambulance or firefighting apparatus without cause; malicious activation of fire alarm in public building, be, and the same hereby is, amended and reordained as follows: CHAPTER 28 OFFENSES–MISCELLANEOUS Sec. 28-7. Calling ambulance or summoning emergency medical services vehicle or firefighting apparatus without just cause; malicious activation of fire alarm in public building. (a) Any person who, without just cause therefor, calls or summons, by telephone or otherwise, any ambulanceemergency medical services vehicle or firefighting apparatus, shall be deemed guilty of a misdemeanor. (b) or Aany person who maliciously activates a manual or automatic fire alarm in any building used for public assembly or for other public use, including, but not limited to, schools, theaters, stores, office buildings, shopping centers and malls, coliseums and arenas, regardless of whether an emergency medical vehicle or fire apparatus responds or not, shall be deemed is guilty of a Class 1 misdemeanor. 2. That this ordinance shall be in effect on and after July 1, 2017. F. Consent Agenda 6. Ordinance Amending City Code, Chapter 31, Pensions and Retirement; Article II., Employees’ Retirement Fund; Division 2., Definitions; Section 31-25, Definitions; Division 7., Administration; Section 31-73, Changes or Errors in Records Resulting in Erroneous Calculations or Payments; and Division 8., Administration; Section 31-144, Investment of Reserves ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 31, PENSIONS AND RETIREMENT; ARTICLE II., EMPLOYEES’ RETIREMENT FUND; DIVISION 2., DEFINITIONS; SECTION 31-25, DEFINITIONS; DIVISION 7., ADMINISTRATION; SECTION 31-73, CHANGES OR ERRORS IN RECORDS RESULTING IN ERRONEOUS CALCULATIONS OR PAYMENTS; AND DIVISION 8., ADMINISTRATION; SECTION 31-144, INVESTMENT OF RESERVES. BACKGROUND: With the City's transition to a biweekly pay schedule which pays in arrears, a technical correction is required in Section 31-25 that changes the word "paid" to "earned" to ensure that City employees' highest average final compensation will continue to be captured as intended. A technical correction is required in Section 31-73(d), and the addition of (e) addresses potential errors relating to calculation of early retirement benefits. The change to Section 31-144 will update Employees' Post- Retirement Health and Welfare Benefits Fund corporate bond rating minimum level from "BBB" to "BB" to make it consistent with Section 31-79. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re City Code Amdmnts to NNERF sdm15243 Sec. 31-25, Sec. 31-73 and Sec. 31-144 sdm15243 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 2., DEFINITIONS, SECTION 31-25, DEFINITIONS; DIVISION 7., ADMINISTRATION, SECTION 31-73, CHANGES OR ERRORS IN RECORDS RESULTING IN ERRONEOUS CALCULATIONS OR PAYMENTS AND DIVISION 8., ADMINISTRATION, SECTION 31-144, INVESTMENT OF RESERVES. 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 2., Definitions, Section 31-25, Definitions; Division 7., Administration, Section 31-73, Changes or errors in records resulting in erroneous calculations or payments, and Division 8., Administration, be, and the same hereby is, amended and reordained as follows: CHAPTER 31 PENSIONS AND RETIREMENT ARTICLE II. EMPLOYEES’ RETIREMENT FUND DIVISION 2. DEFINITIONS Sec. 31-25. Definitions. Words and phrases, wherever used in this chapter, unless a different meaning is clearly indicated by the context, shall have the following meanings: Actuarial equivalent means a benefit of equivalent value when computed on the basis of interest and mortality tables upon application of specific factors which have been adopted by the board for use in the computation of actuarial equivalents hereunder. For purposes of this definition, the applicable mortality table means, with respect to an annuity commencement date occurring prior to December 31, 2002, the mortality table provided in Revenue Ruling 95-6 (“GAM ‘83 blended mortality table”). Effective with respect to distributions with an annuity commencement date on or after December 31, 2002, the applicable mortality table used for purposes of adjusting any benefit limitation under IRC section 415(b)(2)(B), (C) or (D), as set forth in section 31-54 of this article, and the applicable mortality table used for purposes of satisfying the requirements of IRC section 417(e), is the table prescribed in Revenue Ruling 2001-62 (“GAR 94 blended mortality table”), as amended or revised. Nothwithstanding the previous sentence, and effective for distributions with an annuity commencement date beginning after December 31, 2008, the applicable mortality table that is used for purposes of adjusting any benefit or limitation under IRC section 415(b)(2)(B), (C), or (D), as set forth in section 31-54 of this article, shall be the applicable mortality table within the meaning of IRC section 417(e)(3)(B). Such assumptions and factors shall be recommended by the fund’s actuary and approved by the board from time to time and set forth in a schedule which shall be incorporated herein and made a part hereof. Annuity commencement date means the first day of the first period for which a benefit is payable as an annuity, or, if the benefit is not payable as an annuity, the first day on which all events have occurred which entitle the member or beneficiary to such benefit. Average final compensation means the average annual compensation paid toearned by a member byfrom a participating employer during the member’s thirty-six (36) highest paidearned consecutive months of service. Beneficiary means any person or legal entity duly and properly designated by the member to receive any benefits which may be payable under the fund upon or after death, other than benefits payable to a surviving spouse. Despite the preceding, to the extent provided in a domestic relations order, beneficiary also means the spouse, former spouse, child, or other dependent of a member who is recognized by such order as having a right to receive all or a portion of any benefits payable under the fund upon or after the death of such member. Board means the board of trustees provided for in section 31-70 to administer the fund. City means the City of Newport News, Virginia. Compensation means salary and other gross amounts, as set forth in rules and policies of the board, paid to a member by a participating employer for services rendered, including overtime compensation except as limited below. Compensation does not include (i) payments to a member by a participating employer for accumulated paid medical leave upon retirement, or paid personal leave upon termination or retirement; (ii) reimbursements, (iii) allowances, and non-salary payments paid to an employee in accordance with written administrative policies of the city; (iv) overtime compensation in excess of three thousand dollars ($3,000.00) earned in a calendar year by a city employee, by an employee of an elected official, or by a school board employee who is a non-VRS participant, on and after March 1, 2010; and (v) accumulated compensatory leave paid on and after March 1, 2010. The annual compensation limit described in IRC section 401(a)(17) shall be deemed to be satisfied for plan years beginning before July 1, 1996. Effective July 1, 1996, the annual compensation of each member taken into account under the fund shall not exceed one hundred fifty thousand dollars ($150,000), as adjusted by the Commissioner of the Internal Revenue Service for 2 increases in the cost-of-living, in accordance with IRC section 401(a)(17)(B). In determining benefit accruals in any plan year beginning after June 30, 2002, the annual compensation of each member taken into account shall not exceed two hundred thousand dollars ($200,000), as adjusted for cost-of-living increases in accordance with IRC section 401(a)(17)(B). Annual compensation means compensation during the plan year or such other consecutive 12-month period over which compensation is otherwise determined under the fund (the determination period). The cost-of- living adjustment in effect for a calendar year applies to annual compensation for the determination period that begins with or within such calendar year. Credited service means the total service credit of an employee including credit obtained or earned through service, portability, leave exchange, and purchase and which is taken into account in the determination of benefits to be paid from the fund pursuant to the provisions of this article. Dependent child or children means natural or adopted unmarried children of a member or retiree (i) who has not attained age eighteen or (ii) who has not attained age twenty-three and is a full-time student. A child who becomes functionally incapacitated prior to age eighteen, or twenty- three in the case of a full-time student, as determined under the fund’s disability guidelines and unable to perform gainful activity shall be considered a dependent so long as such incapacity continues based on evidence acceptable to the board. Deputy sheriff means any employee of the sheriff who has been actively employed by the sheriff in a regular full-time status in a position which has been designated in or considered by the city’s classification and pay plan listing, or its predecessor or successor document, as eligible for retirement benefits as a public safety employee pursuant to section 31-52, section 31-53, or section 31-54 of this Code. Disability guidelines mean the disability guidelines adopted by the board from time to time for purposes of making disability determinations under the fund. Effective date of retirement shall be the first day of the month following either acceptance of a properly completed application by the city’s department of finance, or the date of eligibility for retirement, whichever is later. Elected official means a member of the city council, the Clerk of the Newport News Circuit Court, the Newport News Commonwealth’s Attorney, the Newport News Commissioner of the Revenue, the Newport News Sheriff, and the Newport News Treasurer. Employee means any person now or hereafter directly employed by a participating employer as defined in this section, whose services are compensated in whole or in part by the participating employer, and who is employed in a regular full-time or equivalent position as defined by the administrative policies of the city for membership eligibility. Equivalent positions means those job classifications for employment positions as set forth 3 in the administrative policies of the city for membership eligibility approved by the Newport News city manager and city council. No equivalent position can be added to the policies without such approval. Firefighter means an employee of the city who has actively served as a member of the city’s fire department in a regular full-time status in a position which has been designated in or considered by the city’s classification and pay plan, or its predecessor or successor document, as eligible for early retirement benefits as a public safety employee pursuant to section 31-40, section 31-52, section 31-53, and section 31-54 of this Code. Fund means the City of Newport News Employees' Retirement Fund. Gainful activity means activity which yields or is capable of yielding income equal to or exceeding annualized federal minimum wages using 2080 hours as a standard year. IRC means the United States Internal Revenue Code of 1986, as amended. Limitation year means the plan year. Member means any retiree, any employee who is compulsorily included in the membership of the fund pursuant to the provisions of section 31-30, any elected official, and employees of elected officials who have been recommended by the board and granted membership by city council. Participating employer means the city, the school board, and the elected officials of the city as defined in this chapter. Plan year means the twelve (12) consecutive month period beginning on July 1 and ending on the next following June 30. Police officer means an employee who has actively served as a member of the city’s police department in a regular full-time status in a position which has been designated in or considered by the city’s classification and pay plan, or its predecessor or successor document, as eligible for early retirement benefits as a public safety employee pursuant to section 31-40, section 31-52, section 31-53, and section 31-54 of this Code. Employees who are employed by the school board as school crossing guards and who, prior to December 31, 1979, were employed in the same capacity as sworn officers of the police department, shall be considered to be police officers for purposes of section 31-40, section 31-52, section 31-53 or section 31-54 of this Code. Political subdivision means any county, city or town of the Commonwealth of Virginia; any agency, subdivision, branch or unit of the Commonwealth of Virginia which has been created under the authority of an act of the Virginia General Assembly; and any commission, committee, authority, agency or body created by a county, city or town of the Commonwealth of Virginia 4 which has been authorized to hire employees. Public safety employee means a police officer, a firefighter, the sheriff and deputy sheriffs as defined in this article. Recipient means a person receiving benefits or allowances from the fund. Reserve means the retirement and benefits reserve provided for in division 6 of this article. Retiree means a vested member who has terminated employment with a participating employer and has applied, qualified and been approved for receipt of retirement benefits from the fund based on age or credited service, or both; or an employee who has been deemed totally and permanently disabled and retired under the provisions of this article. Salary means an employee’s base pay, generally calculated and expressed on a per hour or annual basis. In the case of an hourly employee, salary means the employee’s base hourly rate times 2080 hours. The salary limit described in IRC section 401(a)(17) shall be deemed to be satisfied for plan years beginning before July 1, 1996. Effective July 1, 1996, the annual salary of each member taken into account under the fund shall not exceed one hundred fifty thousand dollars ($150,000), as adjusted by the Commissioner of the Internal Revenue Service for increases in the cost-of-living, in accordance with IRC section 401(a)(17)(B). In determining benefit accruals in any plan year beginning after June 30, 2002, the annual salary of each member taken into account shall not exceed two hundred thousand dollars ($200,000.00), as adjusted for cost-of-living increases in accordance with IRC section 401(a)(17)(B). Annual salary means salary during the plan year or such other consecutive 12-month period over which salary is otherwise determined under the fund (the determination period). The cost-of-living adjustment in effect for a calendar year applies to annual salary for the determination period that begin with or within such calendar year. School board means the Newport News, Virginia School Board. Service means time worked by an employee for a participating employer for which that employee was paid salary. Sheriff means the Sheriff of the City of Newport News, Virginia. Spouse means a current husband or wife who is joined in matrimony with a member under state laws which are not against the public policy of and are recognized as lawful by the Commonwealth of Virginia. Termination of service means the last day of regular full-time employment with a participating employer as defined by the city's personnel administrative manual. 5  Vested means having qualified to receive retirement benefits pursuant to section 31-36 of this article. VRS means the Virginia Retirement System. VRS participant means an employee who is employed by the school board and who is a member of VRS, provided such employee was hired by the school board prior to July 1, 2009. Year means the city's fiscal year unless clearly intended otherwise by the context within which the term is used. Year means the city's fiscal year unless clearly intended otherwise by the context within which the term is used. DIVISION 7. ADMINISTRATION Sec. 31-73. Changes or errors in records resulting in erroneous calculations or payments. (a) If any change or error in calculations or records results in any recipient receiving payments either more or less than they would have been entitled to receive from the fund had the calculations or records been correct, the board shall correct the error and adjust subsequent payments. (b) If the board determines that a recipient has been erroneously underpaid by the fund, the fund shall pay the recipient an amount equal to the difference between what was paid and what should have been paid. (c) If the board determines that a recipient has been erroneously overpaid, such recipient shall repay the erroneous overpayment to the fund. (d) Notwithstanding subsection (c), if a recipient has been overpaid through no fault of his own and could not reasonably have been expected to detect the error, the board may recommend waiver of any or all repayment, and if waiver is recommended by the board, the city manager may disapprove the recommendation, or waive all or part of any repayment. (e) If an erroneous calculation or estimate provided by a participating employer results in a recipient of early retirement benefits not meeting the credited service requirements of section 31-53, through no fault of his own and the recipient could not reasonably have been expected to detect the error, the board may authorize the participating employer or the recipient to purchase up to three (3) months service credit necessary for the recipient to qualify for early retirement. 6  DIVISION 8. ADMINISTRATION Sec. 31-144. Investment of reserves. (a) The board shall have full power, in its sole discretion, to invest and reinvest all funds and property of the fund pursuant to the provisions of this article. (b) The board is hereby delegated with the power and authority to enter into an agreement with one (1) or more persons or qualified institutions under which the investment responsibilities of the board shall be delegated to such person or institution. Such agreement shall be executed by the chairman of the board. (c) The reserve of the fund may be invested only in: (1) Interest-bearing bonds or other obligations of the United States or the state; (2) General obligation bonds and revenue bonds of the state or of any political subdivision within the state; (3) Corporate bonds rated "A" or higher by two (2) out of three (3) nationally known security rating concerns, provided, however, that no more than one (1) percent of the fund may be invested in corporate bonds rated less than "A" but not less than "BBBBB"; (4) Federally insured mortgages and mortgage passthroughs on a to-be-announced (TBA) basis as long as funds are set aside to purchase the mortgage on settlement date so as not to leverage the fund; (5) Equities; (6) Certificates of deposit; (7) Guaranteed investment contracts; (8) Real estate; and (9) Standing timber and timber rights. The investments in equities, excluding equities in real estate investment trusts, shall not exceed sixty-five (65) percent of the market value of the assets of the fund as reported on a calendar quarterly basis. To the extent such percentage limitation is exceeded as of the end of any quarter, the board shall have the discretion to continue the percentage invested in equities so long as the 7 value of the fund remains less than twenty-five (25) percent of the unfunded liability. At such time the fund value as of the end of any quarter exceeds twenty-five (25) percent of the unfunded liability, the board shall take such action as may be necessary to reduce the equity allocation to the required percentage of sixty-five (65) percent, as soon as practicable. 2. That this ordinance shall be in effect on and after the date of its adoption, June 13, 2017. 8 G. Other City Council Actions 1. Receipt of Bids for an Ordinance Authorizing a Lease for a 23,200 Square-foot Property, known as Seafood Industrial Park (SIP) Parcel 5, Located at 801 Jefferson Avenue ACTION: A REQUEST TO CITY COUNCIL TO RECEIVE AND OPEN BIDS FOR GRANTING A LEASE FOR PROPERTY, KNOWN AS SEAFOOD INDUSTRIAL PARK (SIP) PARCEL 5, LOCATED AT 801 JEFFERSON AVENUE. (After the receipt and opening of the bids, City Council is requested to refer the bids to the City Manager for review and the presentation of a recommendation at City Council's regular meeting on June 27, 2017). BACKGROUND: James R. and Lynda S. Casey (Casey), currently lease City- owned property at 801 Jefferson Avenue, Seafood Industrial Park (SIP) Parcel 5, which lease expires September 30, 2021. Casey wishes to sell the portion of its business that it operates in its improvements on Parcel 5. To that end, Casey is requesting that it be released from its current lease with the City, conditioned upon the City effectuating a long-term lease with the successful bidder and the successful bidder reaching an agreement with Casey to acquire the improvements and business operations on Parcel 5. A longer term lease than Casey's current lease with the City is necessary for the prospective purchasers/tenants to obtain necessary financing to purchase the improvements and continue the business operations. The required Public Notice was properly advertised. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Receipt of Bids Parcel 5 Attachment - Photo identifying SIP Parcel 5 sdm15506 Authorizing re Deed of Lease (NNSIP Parcel 5)  SIP Parcel 5 - 801 Jefferson Avenue 03/08/2016 G. Other City Council Actions 2. Ordinance Amending City Code, Chapter 2, Administration; Article V., Employee Grievances; Section 2-184, Coverage of Personnel; Section 2-185, Determination of Access, Grievability and Compliance; Section 2-186, Grievance Procedure ACTION: REQUEST APPROVAL OF REVISED GRIEVANCE ORDINANCE, CHAPTER 2, ARTICLE V, EMPLOYEE GRIEVANCES; SECTION 2-184, COVERAGE OF PERSONNEL; SECTION 2-185, DETERMINATION OF ACCESS, GRIEVABILITY AND COMPLIANCE; AND SECTION 2-186, GRIEVANCE PROCEDURE. BACKGROUND: The proposed amendments will: -clarify language covering personnel who are eligible and not eligible to file a grievance; -revise the section to indicate who appeals may be made to; -clarify guidelines to determine date of receipt of letters to grievant's address on record for compliance purposes; -establish a time limit for panel hearings requested by grievants; and, -add the order for case presentations and closings in panel hearings. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Ord Amdmnt for Grievance Procedures sdm15376 Amending Chapter 2, Article V, Employee grievances sdm15376 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE V., EMPLOYEE GRIEVANCES, SECTION 2-184, COVERAGE OF PERSONNEL, SECTION 2-185, DETERMINATION OF ACCESS, GRIEVABILITY AND COMPLIANCE AND SECTION 2- 186, GRIEVANCE PROCEDURE. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: That Chapter 2, Administration, of the Code of the City of Newport News, Virginia, Article V., Employee Grievances, Section 2-184, Coverage of personnel, Section 2-185, Determination of access, grievability and compliance and Section 2-186, Grievance procedure, be, and the same hereby is, amended and reordained as follows: CHAPTER 2 ADMINISTRATION ARTICLE V. EMPLOYEE GRIEVANCES Sec. 2-184. Coverage of personnel. All regular full time and part-time employees covered by the Classification and Pay Plan of the City of Newport News and regular part-time employees are eligible to file grievances in accordance with this policy with the exception of: (1) Employees in the employment probationary period or in a formal extension of the employment probationary period; (2) Appointees of elected groups or individuals; (3) Department heads and assistant city managersEmployees on the Executive and Management Schedule; (4) Employees who have resigned may not have access to the grievance procedure after the effective date of the resignation unless the grievance was initiated prior to the effective date of the resignation;  (5) Law enforcement officers as defined by Chapter 10.1(52.1-116.1 et seq.) of Title 2.1 whose grievance is subject to the provisions of Chapter 10.1 and who have elected to proceed pursuant to those provisions in the resolution of their grievance. A law enforcement officer shall be given written notification of his/her rights to initiate a grievance under this procedure and shall be provided with a copy of this procedure upon request. The law enforcement officer may proceed under either this grievance procedure or under the provisions of Chapter 10.1 of Title 2.1 of the Code of Virginia, but not both. (6) Temporary, limited term and seasonal employees are not eligible to file grievances under this grievance procedure. (7) Employees of the Newport News Department of Social Services are included in this grievance procedure. (87) Employees of constitutional officers are not covered by this procedure; however, these employees may be covered by this procedure if agreed to by both the constitutional officer and city council. Sec. 2-185. Determination of access, grievability and compliance. (a) Determinations of access to the grievance procedure shall be made by the director of human resources in writing to the employee at any time prior to the panel hearing. (b) Determinations of grievability are made by the city manager or designated representative in writing at any time prior to the panel hearing. A copy of the city manager or designee's ruling on the issue of grievability shall be sent to the grievant. (c) Determinations on access and grievability may be appealed to the Circuit Court of Newport News for a hearing on the issues of whether the employee has access to the procedure, and whether the issue is grievable. Proceedings shall be initiated by the grievant by filing a notice of appeal with the city manager or designeedirector of human resources within ten (10) calendar days from the date of the receipt of the determination and giving a copy thereof to the director of human resources and the grievant's department head. Within ten (10) calendar days thereafter, the city manager or designee shall transmit to the clerk of the court a copy of the determination of the city manager or designee, a copy of the notice of appeal, and the exhibits. A list of the evidence furnished to the court shall also be furnished to the grievant. The failure of the city manager or designee to transmit the records shall not prejudice the rights of the grievant. The court, on motion of the grievant, may issue a writ of certiorari requiring the city manager or designee to transmit the record on or before a certain date. Within thirty (30) days of receipt of such record by the clerk, the court, sitting without a jury, shall hear the appeal on the record transmitted by the city manager or designee and such additional evidence as may be necessary to resolve any controversy as to the 2 correctness of the record. The court, in its discretion, may receive such other evidence as the ends of justice may require. The court may affirm the determination, or may reverse or modify the determination. The decision of the court shall be rendered no later than the fifteenth day from the date of the conclusion of the hearing. The decision of the court is final and is not appealable. (d) Failure of either party to comply with all substantial procedural requirements of the grievance procedure, without just cause will result in a decision in favor of the other party on any grievable issue, provided the party not in compliance fails to correct the noncompliance within five (5) work days of receipt of written notification by the other party of the compliance violation. Such written notification by the grievant shall be made to the director of human resources. The director of human resources or designated representative shall determine compliance and may require a clear written explanation of the basis for just cause extensions or exceptions. Compliance determinations made by the director of human resources or designated representative shall be subject to judicial review by filing a petition with the circuit court within thirty (30) calendar days of the compliance determination. (e) The time periods outlined in this article constitute substantial procedural requirements. However, such time periods may be extended by mutual agreement between the grievant and the appropriate level of management to whom the time period is applicable. Whenever a person is required or permitted under this article to do an act within a prescribed time after receipt of a document, three (3) days shall be added to the prescribed time when the document is served by mail. In addition, if the due date for any act falls on a Saturday, Sunday, or city holiday, the next business day shall become the due date. Employees have the responsibility to report to their department head for disciplinary meetings when directed to do so. Employees shall make themselves available even when they are on administrative leave. (f) The determination of a complaint as "non grievable" shall not be construed to restrict any employee's right to seek or management's right to provide customary administrative review of complaints outside the scope of the grievance procedure. (g) The human resources department will provide procedural information and guidance to employees and management on issues of access, grievability and compliance. (h) The issues of access and grievability shall be decided prior to the panel hearing or they shall be deemed to have been waived. (i) Date of receipt is determined by the date of hand delivery or by the date indicated by a commercial carrier that delivery was made to the grievant’s address on record with the city. 3 Sec. 2-186. Grievance procedure. (a) Management steps. The first four steps of the grievance procedure provide an intermediate process for the resolution of complaints and disciplinary matters. (1) General provisions. a. The first two management steps involve the employee's immediate supervisor. In departments with several levels of supervision, the department may specify the management level designated as the immediate supervisor for grievance purposes. b. In disciplinary matters, Steps I, II and III may be waived by agreement of both the employee and the appropriate levels of management. c. In grievances in which the action grieved (whether disciplinary or otherwise) was action taken by the department head, Steps I and II shall be waived. d. In situations where the employee's immediate supervisor is also the department head, Steps II and III of the procedure shall be combined. e. Personal face-to-face meetings between the appropriate level of management and the employee are required at all steps. f. With the exception of Step IV, the only persons who may normally be present in the management step meetings are the grievant, the appropriate manager at the level at which the grievance is being heard and appropriate witnesses for each side. Witnesses shall be present in the management step meetings only while actually providing testimony. At Step IV, the grievant and management may each have present a representative of his or her choice. If the grievant is represented by legal counsel, management likewise has the option of being represented by counsel. When an employee is represented, any cost of representation is at the employee's expense. g. All grievances processed through management Steps II, III, and IV shall be processed on forms provided by the city. The human resources department will provide procedural assistance to both parties in the completion of grievance forms. h. Once a grievance has been reduced to writing, it may not be changed or 4  amended unless agreed to by the grievant and the level of management at that step. Any different or additional grievance issues must be pursued through a separate grievance proceeding. i. Date of receipt is determined by the date of hand delivery or by the date indicated by a commercial carrier that delivery was made to the grievant’s address on record with the city. (2) Step I. Any employee who feels aggrieved may bring the situation to the attention of his immediate supervisor, explaining the nature of the problem and his suggested solution. It is not necessary for a complaint to be reduced to writing; however, the supervisor should routinely document this action with the assumption that it could be the first step of a formal grievance. Any such complaint or grievance shall be made within twenty (20) calendar days after the event or action which is the basis for the grievance. The supervisor shall give his verbal or written response to the employee within seven (7) calendar days after the situation has been brought to his attention. If no response is given within that seven (7) day period, it shall be deemed denied. (3) Step II. If discussion between the employee and the immediate supervisor fails to settle the matter, the grievance shall be reduced to writing on a grievance form provided by the cityhuman resources department. The employee must present the written grievance to his supervisor (or the department head when the event or action was taken by the department head) within seven (7) calendar days from the date the supervisor responded. If the supervisor failed to respond at Step I, the employee has seven (7) calendar days from the date the supervisor’s response was due to present his written grievance. Once the employee reduces his grievance to writing, he must specify on the grievance form the specific relief he expects to obtain. The supervisor or his representative will immediately acknowledge receipt of the grievance form by his dated signature and provide a date and time for the Step II grievance meeting. The supervisor or his representative shall then contact the human resources department to obtain a controlgrievance number which he shall write on the grievance form, and then provide a copy of the grievance form to the human resources department. The immediate supervisor or his representative shall, within seven (7) calendar days, meet and discuss the grievance with the employee. Within seven (7) calendar days 5  after such meeting, the supervisor or his representative shall respond to the employee in writing on the grievance form, and shall include the date of the meeting and the date of the decision. The immediate supervisor or his representative shall return the original grievance form to the grievant who shall sign and date it. The immediate supervisor shall provide a copy of this signed grievance form to the human resources department. (4) Step III. If the response of the immediate supervisor's responseor his representative does not resolve the grievance the employee may appeal to the department head within seven (7) calendar days of receipt of the written response of the immediate supervisor's written response or his representative. The employee must submit the appeal to the department head in writing on the grievance form. Upon receipt of the grievance form, the department head or his representative should sign and date it and provide a copy to the human resources departmentprovide a date and time for the Step III grievance meeting, sign and date the form, and provide a copy to the human resources department. The department head within seven (7) calendar days, shall meet and discuss the grievance with the employee. Within seven (7) calendar days after such meeting, the department head shall respond to the grievance in writing on the grievance form and include the date of the meeting and the date of the decision, and. The department head or his representative shall return the originalgrievance form to the grievant who shall sign and date the grievance form. The department head or his representative shall provide a copy of the signed grievance form to the human resources department. (5) Step IV. If the department head's response does not resolve the grievance, the grievant may appeal to the city manager within seven (7) calendar days of receipt of the department head's response. The employee must submit the appeal to the city manager in writing on the grievance form. Upon receipt of the grievance form, the city manager or, an assistant city manager, or their designated employeesrepresentative, should sign and date the grievance form upon its receipt and provide a copy to the human resources departmentprovide a date and time for the Step IV grievance meeting, sign and date the form, and provide a copy to the human resources department. The city manager or his designated representative shall, within seven (7) calendar days, meet and discuss the grievance with the employee. Within seven (7) calendar days after such meeting, the city manager or his designated representative shall respond to the grievance in writing on the grievance form and include the date of the meeting and the date of the decision. The city manager or his designated 6  representative shall send a copy of the grievance form to the grievant by hand delivery or by commercial carrier which shall provide delivery confirmation to the grievant’s address on record with the city. The city manager's or designated representative’s decision, the date of the meeting, and the date of the decision, shall be written on the grievance form and he shall return the original grievance form to the grievant and provide a copy to the human resources department. If the city manager's response does not resolve the grievance, the employee may request a panel hearing. (b) Panel hearing. (1) Request for a panel hearing. a. A panel hearing may be requested when the city manager's response in Step IV of the grievance procedure does not resolve the grievance. b. The employee, within seven (7) calendar day of receipt of the decision of the city manager or designated representative, must make a request for a panel hearing to the director of human resources, in writing, on the original grievance form within seven (7) calendar days of receipt of the city manager's or designated representative’s decisionand must also submit a panel hearing request form provided by the human resources department. The employee shall also complete a panel hearing request form which shallThe panel hearing request form shall include the name of the panel member selected by the grievant and the name of the grievant’s legal counsel, if any, within seven (7) calendar days of receipt of the city manager’s or designated representative’s decision. (2) Panel selection. a. The panelPanel members shall be active, regular full-time employees and shall be selected in the following manner: one (1) selected by the grievant, one (1) selected by the city manager, and the remaining member selected by the two (2) appointees. Selection of the city manager's appointee shall be made within seven (7) calendar days after receipt of the request for panel hearing. After the city manager has selected his appointee, the director of human resources or designated representative shall notify the two (2) appointees of their selection. The two (2) panel members shall select a third member within seven (7) calendar days after the notification of their selection as panel members, who shall serve as the chairperson; provided, however, this period may be extended an additional seven (7) calendar days by the two (2) appointees, if necessary. In the event that the agreement 7  cannot be reached as to the final panel member, the Chief Judge of the Circuit Court of Newport News shall select such third panel member. b. Panel members shall be active, regular full time city employees. The panel is an impartial body selected to hear and decide the grievance on its merits. Therefore, in order to provide an impartial panel and to ensure the protection of city employees, the following persons may not serve as panel members: 1. The following relatives of any participant in the grievance process and the relatives of any participant's spouse: spouse, parent, child, descendants of a child, sibling, niece, nephew and first cousin. 2. Supervisors and managers who are in a direct line of supervision of a grievant. Employees in the same department as the grievant may not serve on the panel. 3. Any person having direct involvement with the grievance including any representative of the grievant and witnesses who have been involved at the management steps. 4. Any attorney having direct involvement with the subject matter or a partner, associate, employee, co-employee or client of such an attorney. 5. Employees of the human resources department, the city attorney’s office, and the city manager’s office. 6. Persons who are or have been residents of the same household as the grievant are also prohibited from serving on the panel. c. Any person selected as a panel member may decline appointment in which case the appropriate party maymust make another selection within seven (7) calendar days of notice to the human resources director or designee that the selected person has declined appointment. (3) Panel procedure. a. The panel will set a date and timeThe director of human resources, or designated representative, and full panel will coordinate a date and time for the panel hearing. The hearing should occur within three (3) months of the date of the Step IV decision. b. All panel hearings shall commence within six (6) months following the date 8  of the Step IV decision unless the grievant and the director of human resources and the city attorney’s office, if involved, mutually agree to extend the six (6) month period. bc. Parties to the grievance shall not discuss the substance of any grievance or the problem giving rise to the grievance with any panel members prior to the hearing. c. The panel may, with just cause, extend the time periods applicable to the panel. d. The director of human resources, or designated representative, will coordinate the panel hearing and may correspond with panel members, grievants, the grievant's legal counsel, witnesses and others directly on behalf of the panel. e. The director of human resources, or designated representative, will provide the panel with copies of the grievance record prior to the hearing and provide the grievant with a list of the documents furnished to the panel at least ten (10) days prior to the scheduled panel hearing. Documents, exhibits, and a list of witnesses shall be exchanged between the grievant’s legal counsel and management’s legal counsel at least seven (7) days prior to the scheduled panel hearing, unless otherwise agreed. If the grievant is not represented by legal counsel, the parties shall provide such material to the human resources department at least seven (7) days prior to the scheduled panel hearing., and human resources will coordinate the exchange of the material between the parties in advance of the hearing. Upon the request of the grievant or his representative, the director of human resources, or designated representative, will also allow the grievant access to and copies of all relevant files intended to be used in the grievance proceeding. f. The director of human resources, with the mutual agreement between the City’s representative and the grievant, may extend the time periods applicable to the panel procedures. (4) Conduct of the panel hearing. a. At the request of either the grievant or the city, the hearing shall be private. If private, only the panel members, the grievant, the grievant's legal counsel or other representative, the management representative, management's legal counsel, the witness who is testifying, and the court reporter, if any, shall be present at the hearing. If open, the panel shall nevertheless have full power and authority to close portions of the hearing and to determine what persons 9  not having a direct involvement in the proceedings may remain in the hearing room. Witnesses, other than the grievant and the management representative, shall remain in the hearing room only while giving their testimony. Employees of the human resources department will be present throughout any hearing except when the panel is deliberating. The panel may seek the advice of the director of human resources, or designated representative, on grievance procedure questions. b. The grievant may be represented by legal counsel or other representative at his own expense. In the event that the grievant is represented by legal counsel, the city may likewise be represented by counsel. c. The taking of photographs in the hearing room during the progress of the grievance proceedings and the broadcasting of grievance proceedings by radio or television are prohibited. d. The panel shall conduct its hearing with its three (3) members present. e. The panel has the authority to determine the admissibility of evidence without regard to the burden of proof, or the order of presentation of the evidence, so long as a full and equal opportunity is afforded to all parties for the presentation of their evidence. f. At the option of each party, opening statements may be made at the beginning of the hearing setting forth the issue(s) and the panel may ask for such statements in order to clarify the issue(s) involved in the grievance. If opening statements are made, the grievant or the grievant’s legal counsel shall begin, followed by the city’s legal counsel or the city’s designated representative. g. There is no subpoena power to compel the attendance of witnesses in the grievance procedure. The panel may, however, at the request of either party or in its own discretion, request the voluntary appearance of witnesses. Witnesses shall be permitted in the hearing room only when giving their testimony. The sworn statement of an absent or unavailable witness shall be received as evidence by the panel. h. The panel hearing is an administrative process and is not meant to be conducted like proceedings in court. Panels are not bound by technical rules of evidence and shall take into account all reliable and substantial evidence produced at the hearing. It is within the province of the panel to determine relevancy and materiality. The panel may require either party to demonstrate relevancy and materiality of any evidence and the need for any requested 10  extensions of the hearing panel. i. All evidence shall be presented in the presence of the panel and the parties unless by mutual consent of the parties. The grievant shall present his or her evidence first. j. Evidence may be presented by the grievant along with any exhibits which shall be marked and made a part of the record. The panel may question any witness, including the grievant, and the grievant or his counsel may question any witnesses. The city's designated representative or counsel representing the city may also question witnesses and present evidence in the same manner afforded the grievant. k. The panel shall deal with the grievance before them. Evidence and testimony as to how other employees or situations have been handled in the past are not relevant. No personnel file or record may be examined by the panel or introduced into evidence, except that of the grievant. l. The grievant shall not be permitted to introduce any evidence before the panel which has not been previously presented or submitted during the management steps for management consideration. m. The panel by majority vote may decide procedural questions and rule upon objections raised during the course of the hearing. n. The parties shall produce such additional evidence as required by the panel. o. After both parties have had the opportunity to present their evidence, the panel chairperson shall inquire of both parties whether they have further evidence. Upon receiving negative replies, the hearing shall be closed. Both parties shall be given the opportunity to make closing statements, following which the panel shall retire to begin its deliberation. If closing statements are made, the grievant or the grievant’s legal counsel shall make his or her closing argument, followed by the city’s legal counsel or the city’s designated representative. p. A court reporter shall record the grievance hearing, and the city shall bear the cost of the reporter's appearance fee. Any party ordering a copy of the transcript of the hearing shall bear the cost thereof. By agreement, the parties may waive having the hearing recorded by a court reporter. (5) Panel decision. 11 a. The panel shall render its decision in writing within ten (10)five (5) working days of the conclusion of the hearing unless the panel by majority vote extends the time period. b. The panel shall state in writing the reasons for its decision on the panel hearing response form. Copies of the decision shall be transmitted to the city manager, the director of human resources, the department head, the grievant, the grievant's supervisor, and the attorneys for the parties, by the panel chairpersona representative of the human resources department. c. The panel shall decide the case on the merits, not on whether there has been compliance with the procedural requirements of this article. d. The panel does not have the authority to formulate policies or procedures nor to alter existing policies and procedures. The panel is not empowered to establish or modify job standards, job requirements, or performance standards nor may the panel determine or change an employee’s evaluation rating. The panel shall make its decision within the following standards of review: 1. The panel shall uphold the city if the evidence shows that the charges of misconductbrought pursuant to the Standards of Conduct were reasonable. If the panel finds that the charges were not reasonable, the panel has the same authority and limitations as management to determine the appropriate charges and disciplinary action in accordance with applicable city policy. 2. In grievances involving termination for unsatisfactory work performance, failure to meet job standards, unacceptable attendance or other mattersand job abandonment, the panel shall uphold the city's action if it determines that the action was reasonable under the circumstances. The panel is not empowered to establish or modify job standards, job requirements, or performance standards nor may the panel determine or change an employee's evaluation rating. 3. In grievances involving complaints regarding application of policy, discrimination and other non-disciplinary issues, the panel will determine if policies and procedures have been appropriately applied. The panel is not empowered to promote, assign or transfer employees, to establish salaries nor to take any other action which is in the purview of management rights. 4. The panel does not have the authority to consider determinations of 12  grievability, determinations of access to the grievance procedure, or compliance determinations, made in accordance with section 2-185. 5. The majority decision of the panel, acting within the scope of its authority, shall be final, subject to existing policies, procedures and law. In cases of law enforcement officers who have elected to proceed pursuant to section 9.1-504 of the Code of Virginia, 1950, as amended, the panel decision is advisory only to the city manager, but shall be accorded significant weight. 6. The panel may not award back pay or benefits, damages, or attorney's fees. e. The city manager, after consultation with the director of human resources, has discretion to order all or some back pay and/or benefits to the grievant if the panel finds that the charges or action taken by the city were not reasonable. f. The director of human resources may on his own action remand a decision which appears to be inconsistent with law and written policy to the panel for further consideration. All parties will be notified when a decision is remanded. All three panel members must participate in the decision-making process. g. If either party refuses to implement a panel decision, the other party may petition the Circuit Court of Newport News to enforce the decision. 2. That this ordinance shall be in effect on and after the date of its adoption, June 13, 2017. 13 G. Other City Council Actions 3. Ordinance Approving a Lease Renewal between the City of Newport News, Virginia and Papco Inc. for Parcel 9, Located in Seafood Industrial Park (SIP) ACTION: A REQUEST TO ADOPT AN ORDINANCE APPROVING A LEASE RENEWAL BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND PAPCO, INC. (PAPCO) FOR PARCEL 9, LOCATED IN SEAFOOD INDUSTRIAL PARK (SIP). BACKGROUND: The City has leased SIP Parcel 9 to PAPCO since July 1, 1997, and the lease is set to expire June 30, 2017. The current Lease allows for the tenant to request a lease renewal of up to 20 years at the sole approval and discretion of the City, provided all terms and conditions of the existing Lease have been met. PAPCO requested a 20-year renewal and has complied with all terms and conditions of the existing Lease, which terms and conditions will remain in effect for the lease renewal. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re SIP Parcel 9 Lease Renewal Attachment - Map of SIP Parcel 9 sdm15477 Authorizing Lease Renewal - NNSIP Parcel 9  SIP-Parcel 9 407 Jefferson Avenue 6/28/16 03/08/2016 G. Other City Council Actions 4. Resolution Repealing Resolution No. 12311-12, Which Authorized the Provision of, and Fees and Charges for, Water and Sewer Services to a Lessee or Tenant Without Obtaining an Authorization Form from the Property Owner ACTION: A REQUEST TO ADOPT A RESOLUTION REPEALING RESOLUTION NO. 12311-12, WHICH AUTHORIZED THE PROVISION OF, AND FEES AND CHARGES FOR, WATER AND SEWER SERVICES TO A LESSEE OR TENANT WITHOUT OBTAINING A WRITTEN AUTHORIZATION FORM FROM THE PROPERTY OWNER. BACKGROUND: Effective July 1, 2017, Chapter 736 of the 2017 Virginia Acts of Assembly, will take effect and remove the authority for a locality to waive the written authorization of a property owner in order to provide water services to a lessee or tenant. As a result of this change, the repeal of City Resolution No. 12311-12, which went into effect on July 1, 2012, is necessary to bring the City into compliance on and after July 1, 2017. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Repeal of Reso #12311-12 sdm15489 Repealing Resolution No. 12311-12 sdm15489 RESOLUTION NO. ____________________ A RESOLUTION REPEALING RESOLUTION NO. 12311-12, WHICH AUTHORIZED THE PROVISION OF, AND FEES AND CHARGES FOR, WATER AND SEWER SERVICES TO A LESSEE OR TENANT WITHOUT OBTAINING AN AUTHORIZATION FORM FROM THE PROPERTY OWNER. WHEREAS, the City of Newport News owns and operates a waterworks system and also provides sewer services to its customers; and WHEREAS, Chapter 766 of the 2012 Virginia Acts of Assembly (“Chapter 766") amended section 15.2-2119 of the Code of Virginia (the “Code”), effective July 1, 2012, whereby fees and charges for water and sewer services may be charged to and collected from lessees and tenants, provided that the lessee or tenant has written authorization from the owner of the property to obtain water and sewer services in the name of the lessee or tenant; and WHEREAS, Chapter 766 further provided that a locality providing water and sewer services may establish, by adoption of a resolution, that water and sewer services may be provided to a lessee or tenant without obtaining a written authorization form from the property owner; and WHEREAS, by Resolution No. 12311-12, the City Council adopted such a resolution; and WHEREAS, Chapter 736 of the 2017 Virginia Acts of Assembly, effective July 1, 2017, removes the authority for a locality to waive the written authorization of a property owner in order to provide water and sewer services to a lessee or tenant. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That Resolution No. 12311-12 is hereby repealed. 2. That this resolution shall be in effect on and after July 1, 2017. H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Department of Development – FY 2017 Bonds Authorized and Issued: Community Development Category – $1,300,000 H. Appropriations 1. Department of Development – FY 2017 Bonds Authorized and Issued: Community Development Category – $1,300,000 ACTION: A REQUEST TO APPROVE AN APPROPRIATION OF $1.3 MILLION FROM FY 2017 BONDS AUTHORIZED AND ISSUED, COMMUNITY DEVELOPMENT CATEGORY FOR ONGOING ECONOMIC DEVELOPMENT INITIATIVES AND ACTIVITIES. BACKGROUND: An appropriation of $1.3 million is being requested to fund ongoing economic development initiatives and activities, including strategic property acquisitions and infrastructure. FISCAL IMPACT: Funding for these ongoing initiatives, which provide significant benefits to the City, was anticipated in the approved FY 2017 Bond Authorization. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re Economic Development Appropriation sdm15508 Appropriation re Economic Development Initiatives sdm15508 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND ISSUED TO ECONOMIC DEVELOPMENT INITIATIVES AND ACTIVITIES. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from Bonds Authorized and Issued to Economic Development Initiatives and Activities, as follows: Appropriation From: Bonds Authorized and Issued 4104-400-70-700A-579000-000000-2017- 00000-A0000 $ 1,300,000.00 Appropriation To: Economic Development Initiatives and Activities 4104-400-70-700A-579420-000000-2017- 00000-A6428 $ 1,300,000.00 *I. Citizen Comments on Matters Germane to the Business of City Council J. Old Business, New Business and Councilmember Comments City Manager City Attorney City Clerk Scott Vick Woodbury Bateman Cherry Harris Price 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.”