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 NOVEMBER 13, 2018 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Bishop Kermit Jones, Holy Tabernacle Church of Deliverance C. Pledge of Allegiance to the Flag of the United States of America D. Presentations - None E. Public Hearings 1. Ordinance Authorizing the City Manager to Make Offers to Acquire, by Purchase or Condemnation, All or Portions of a Right-of-Way for the Habersham Drive Area Improvements Project, to Provide Funds for this Purpose, and Authorizing the City Manager to Execute All Documents Necessary to Effect the Transaction 2. Ordinance Authorizing the City Manager to Make Offers to Acquire, by Purchase or Condemnation, Portions of Property for the Thalia Saddler Stream Restoration Project, to Provide Funds for this Purpose and Authorizing the City Manager to Execute All Documents Necessary to Effect the Transaction 3. Resolution of the Council of the City of Newport News, Virginia, Requesting the Virginia General Assembly to Amend the City Charter, Chapter 4, Council Generally; Section 4.05, Inaugural Meetings; Induction of Members and Election of Vice-Mayor F. Consent Agenda  1. Minutes of the Work Session of October 23, 2018 2. Minutes of the Special Meeting of October 23, 2018 3. Minutes of the Regular Meeting of October 23, 2018 4. Resolution Authorizing the City Manager to Execute the Annual Statement of Agreement By and Between the Commonwealth of Virginia, Department of Health (VDH) (Peninsula Health Services) and the City of Newport News, Virginia G. Other City Council Actions 1. Resolution Approving and Adopting the City of Newport News' Legislative Program for the 2019 Virginia General Assembly Session 2. Resolution Authorizing the City Manager to Execute A Lease By and Between Pointe Hope, LLC and the City of Newport News, Virginia for a Community Office for the Newport News Police Department (NNPD) and Located at 707 Mariners Row, Newport News, Virginia 3. Resolution Granting Jurisdictional Approval to the Economic Development Authority of the City of Newport News, Virginia (EDA) to Issue Revenue Bonds in an Amount Not To Exceed $9.5 Million for the Benefit of Christopher Newport University Education Foundation, Christopher Newport University Real Estate Foundation and Christopher Newport University (CNU) 4. Ordinance Amending City Code, Chapter 41, Vehicles for Hire; Article III., Taxicabs; Division 2., Rates of Fare, Section 41-51; Division 5., Taxi Meters, Section 41-101; Division 7., Annual Taxicab Inspection, Section 41-121; and Division 8., Taxicab Operating Regulations, Section 41-130; Section 41-142 H. Appropriations 1. Court Appointed Special Advocate (CASA) - Donations - $8,129 2. Court Appointed Special Advocate (CASA) – Federal and State Revenue ($74,745) and FY 2019 General Fund Operating Budget: Community Support ($78,000) – $152,745 3. Department of Public Works - Fiscal Year 2018 Bond Authorization, Public Buildings: Emergency Generators - $79,000 4. Department of Public Works – FY 2019 Additional State Revenue for Street and Highway Maintenance: Residential Street Reconstruction/Resurfacing Contracts – $520,169 I. Citizen Comments on Matters Germane to the Business of City Council J. *New Business and Councilmember Comments 1. City Manager  2. City Clerk 3. City Attorney 4. Woodbury 5. Cherry 6. Harris 7. Jenkins 8. Price 9. Scott 10. Vick K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER "CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL." A. Call to Order B. Invocation – Bishop Kermit Jones, Holy Tabernacle Church of Deliverance C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing the City Manager to Make Offers to Acquire, by Purchase or Condemnation, All or Portions of a Right-of-Way for the Habersham Drive Area Improvements Project, to Provide Funds for this Purpose, and Authorizing the City Manager to Execute All Documents Necessary to Effect the Transaction ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE OFFERS TO ACQUIRE, BY PURCHASE OR CONDEMNATION, ALL OR PORTIONS OF A RIGHT-OF-WAY FOR THE HABERSHAM DRIVE AREA IMPROVEMENTS PROJECT, TO PROVIDE FUNDS FOR THE PURPOSE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT THE TRANSACTION. BACKGROUND: The scope of the project includes traffic signal retiming, traffic pattern realignment, median widening to accommodate a pedestrian refuge, and the addition of dedicated turn lanes at the intersections of Jefferson Avenue and Habersham Drive and Habersham Drive and Chatham Drive. Intersection improvement plans have been developed and require minor property acquisitions at the intersections of Jefferson Avenue and Boykin Lane, Jefferson Avenue and Habersham Drive, Jefferson Avenue and Brick Kiln Drive, and Habersham Drive and Chatham Drive. FISCAL IMPACT: The total property acquisitions is approximately 7,760 square- feet and estimated at $97,100. The City Manager recommends approval. ATTACHMENTS: Description CM Habersham Memo Attachment Habersham Location Map Attachment Habersham Plats sdm16595 Authorizing CM to Purchase or Condemn Real Property - Habersham Drive Area  d La Blv te d ma an u Bl Sh y s Wa diu Ra n La yki Bo ff Je er s e Av G on Av e Dr am a th Ch Ha be rsha m Dr Brick Ki ln Blv d ay W a rt -M Wa l 4 I-6 W Date: 8/20/2018 µ Habersham Area Improvements Property Acquistions E. Public Hearings 2. Ordinance Authorizing the City Manager to Make Offers to Acquire, by Purchase or Condemnation, Portions of Property for the Thalia Saddler Stream Restoration Project, to Provide Funds for this Purpose and Authorizing the City Manager to Execute All Documents Necessary to Effect the Transaction ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE OFFERS TO ACQUIRE, BY PURCHASE OR CONDEMNATION, PORTIONS OF PROPERTY FOR THE THALIA SADDLER STREAM RESTORATION PROJECT, TO PROVIDE FUNDS FOR THIS PURPOSE AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT THE TRANSACTION. BACKGROUND: The Thalia Saddler Stream Restoration project scope includes restoration and stabilization of an existing open drainage channel between private properties. The easements are for the construction and maintenance of the stream by the City. Documents to be executed include but are not limited to acquisition documents, stormwater local assistance fund agreements, and others. FISCAL IMPACT: Funding for these acquisitions is available through previously appropriated City funds. The City Manager recommends approval. ATTACHMENTS: Description CM Thalia Saddler Memo Attachment Location Map Thalia Saddler sdm16601 Authorizing CM to Purchase or Condemn Real Property - Thalia Saddler  R WAY TD Y PARK N S TAN BEXLE CO SUSAN RO W PAR T S C CIR RRY V DR DLER SHE E SAD LI N A DR ER COLOM CT R PL CUSTE THALIA DR PROJECT LOCATION CT CH INO RD OK CURTIS TI GNOR ER D R SUMT CT CO LUCAS CREEK RD CH ER N EE OK LL HELENA DR EE DR NE ISTI CHR IR BEECHMONT DR C CLEMSON DR SHE ILA CIR CITY OF NEWPORT NEWS, VIRGINIA µ THALIA/SADDLER STREAM RESTORATION E. Public Hearings 3. Resolution of the Council of the City of Newport News, Virginia, Requesting the Virginia General Assembly to Amend the City Charter, Chapter 4, Council Generally; Section 4.05, Inaugural Meetings; Induction of Members and Election of Vice-Mayor ACTION: A REQUEST TO APPROVE A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO AMEND THE CITY CHARTER, CHAPTER 4, COUNCIL GENERALLY; SECTION 4.05, INAUGURAL MEETINGS; INDUCTION OF MEMBERS AND ELECTION OF VICE- MAYOR; TO CHANGE THE REQUIRED START TIME OF THE INAUGURAL MEETING TO A TIME AND LOCATION SPECIFIED IN AN OFFICIAL NOTICE SENT TO CITY COUNCIL. BACKGROUND: Currently, City Council holds its inaugural meeting at 10:00 a.m., as required by the City Charter, on the date of the first regularly scheduled meeting in July after the election. The start time of this meeting often leaves a large gap of time between the inaugural meeting and the regularly scheduled meeting for Council members and members of the public who wish to attend both meetings. This request to the Virginia General Assembly is to remove this requirement by amending the City Charter. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Reso Amdmnt to City Charter Chapt 4 sdm16565 Charter Change, Sec. 4.05, Inaugural meetings; induction of members and election of vice-mayor  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER November 7, 2018 TO: The Honorable City Council FROM: City Manager SUBJECT: Recommended City Charter Amendment Currently, City Council holds its inaugural meeting at 10:00 a.m. on the date of the first regularly scheduled meeting in July after the election. This often leaves a large gap of time between the inaugural meeting and the regularly scheduled meeting, causing an inconvenience for Council members and members of the public who wish to attend both meetings. Section 4.05 of the City Charter contains the requirement that the inaugural meeting take place at 10:00 a.m. The City Attorney’s Office has prepared a resolution requesting an amendment to Section 4.05 of the City Charter to allow the inaugural meeting to take place at a time and location specified in a notice sent to City Council members in the manner of notices sent for special meetings pursuant to Section 4.06 of the City Charter. I recommend approval. _________________________________ Cynthia D. Rohlf CDR:sdm cc: Collins L. Owens, Jr., City Attorney Mabel Jenkins-Washington, City Clerk G:\Cindy Rohlf\1 CM CORRESPONDENCE\Correspondence\2018\11November\Memo to HCC re Charter Change Section 4.05 11 7 18.docx sdm16565 RESOLUTION NO. ________________ A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO AMEND CHAPTER 4, COUNCIL GENERALLY, SECTION 4.05, INAUGURAL MEETINGS; INDUCTION OF MEMBERS AND ELECTION OF VICE MAYOR. WHEREAS, it is the desire of City Council to amend the existing charter to clarify that the organizational meeting of City Council shall occur on the first regular meeting date of July after City Council elections. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Newport News, Virginia: 1. That the Virginia General Assembly is hereby requested to amend Chapter 4, Council Generally, of the Charter of the City of Newport News, Virginia, by amending Sec. 4.05, Inaugural meetings; induction of members and election of vice mayor, as follows: CHARTER OF THE CITY OF NEWPORT NEWS CHAPTER 4. COUNCIL GENERALLY Sec. 4.05. Inaugural meetings; induction of members and election of vice-mayor. The first meeting of a newly elected council shall take place on the date of the first regularly scheduled meeting of the city council in the month of July following the election at 10:00 a.m. at a placea time and location specified for same in the notice sent to the council members in accord with the manner set forth in § 4.06 of this charter for special meetings. At or before this first meeting, the oath of office shall be administered to the duly elected members as provided by law. In the absence of the mayor, the meeting may be called to order by the city clerk. The first business of the council shall be the election of a vice-mayor and the adoption of rules of procedure. Until this business has been completed, the council shall not adjourn for a period longer than forty-eight hours. 2. That the City Manager is authorized and directed to forward a certified copy of this resolution to each member of the Virginia General Assembly representing the City of Newport News and to seek the assistance and support of those members of the General Assembly for this City Charter Amendment.  3. That this resolution shall be in effect on and after the date of its adoption, November 13, 2018. 2 F. Consent Agenda 1. Minutes of the Work Session of October 23, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Work Session for October 23, 2018 F. Consent Agenda 2. Minutes of the Special Meeting of October 23, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Special Meeting for October 23, 2018 F. Consent Agenda 3. Minutes of the Regular Meeting of October 23, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A ATTACHMENTS: Description Minutes of Regular Meeting for October 23, 2018 F. Consent Agenda 4. Resolution Authorizing the City Manager to Execute the Annual Statement of Agreement By and Between the Commonwealth of Virginia, Department of Health (VDH) (Peninsula Health Services) and the City of Newport News, Virginia ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ANNUAL STATEMENT OF AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HEALTH (VDH) (PUBLIC HEALTH SERVICES PROVIDED BY THE PENINSULA HEALTH DISTRICT TO THE CITY). BACKGROUND: The City enters into an agreement annually with VDH for the provision of public health services. The Statement of Agreement begins July 1, 2018 and covers Fiscal Year 2019. FISCAL IMPACT: For FY 2019, VDH will provide $2,955,320 in state funds to support public health services. The FY 2019 the local share for the City of Newport News is $2,093,920, which is included in the FY 2019 General Fund Operating Budget. The City Manager recommends approval. ATTACHMENTS: Description CM Public Health Srvcs Memo sdm16607 Authorizing re Agreement between Comm of VA, Dept of Health and City  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER November 7, 2018 TO: The Honorable City Council FROM: City Manager SUBJECT: FY 2019 Agreement for Public Health Services The City of Newport News and the Virginia Department of Health annually enter into an agreement that delineates the specific services that will be provided to the City for public health. The annual agreement outlines the responsibilities of each party and includes the amount the City will pay in return for the services rendered. Public Health services are provided by the Peninsula Health District. The total approved FY 2019 Peninsula Health District Operating Budget is $7,794,751. It is estimated that $814,160 fee for service revenue will be generated, reducing the net budget to $6,980,591. Of this amount, the State share is $4,047,021. The participating localities in the Peninsula Health District are Newport News, Williamsburg, Poquoson, James City County, and York County. They are apportioned respective amounts of the net budget on a percentage basis. The FY 2019 Local Share for the City of Newport News is $2,093,920. The funds to support this agreement are included as part of the FY 2019 General Fund Operating Budget. I recommend your approval. _________________________________ Cynthia D. Rohlf CDR:ctc cc: Alan K. Archer, Assistant City Manager Donald Stern, MD., MPH, Director, Peninsula Health District Lisa J. Cipriano, Director, Department of Budget & Evaluation G:\Cindy Rohlf\1 CM CORRESPONDENCE\Correspondence\2018\11November\Memo to HCC re FY2019 Agrmnt for Public Health Svcs 11 7 18.docx G. Other City Council Actions 1. Resolution Approving and Adopting the City of Newport News' Legislative Program for the 2019 Virginia General Assembly Session ACTION: A REQUEST TO APPROVE AND ADOPT THE CITY OF NEWPORT NEWS' LEGISLATIVE PROGRAM FOR THE 2019 VIRGINIA GENERAL ASSEMBLY SESSION. BACKGROUND: The City prepares a State Legislative Package annually for presentation to the Virginia General Assembly. Council was presented the City's State Legislative Priorities Package for the 2019 Virginia General Assembly at its October 9, 2018 Work Session. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Legislative Package Memo sdm16608 Approving & Adopting City's 2019 Legislative Program G. Other City Council Actions 2. Resolution Authorizing the City Manager to Execute A Lease By and Between Pointe Hope, LLC and the City of Newport News, Virginia for a Community Office for the Newport News Police Department (NNPD) and Located at 707 Mariners Row, Newport News, Virginia ACTION: A REQUEST TO APPROVE A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BY AND BETWEEN POINTE HOPE, LLC AND THE CITY OF NEWPORT NEWS, VIRGINIA FOR A COMMUNITY OFFICE FOR THE NEWPORT NEWS POLICE DEPARTMENT (NNPD) AND LOCATED AT 707 MARINERS ROW, NEWPORT NEWS, VIRGINIA. BACKGROUND: Pointe Hope, LLC has offered, and NNPD has a desire to use, 1,166 square-feet of office space located at 707 Mariners Row, Suite 105 in City Center at Oyster Point as the Police Department's Business Resource Office. The space will include conference and meeting space, as well as touchdown workspaces for officers to complete critical paperwork while traveling. FISCAL IMPACT: The proposed lease is for a term of one year, with annual renewals based on a written agreement by both parties, and does not incorporate charges for rent, common area maintenance or utility charges. The City Manager recommends approval. ATTACHMENTS: Description CM Point Hope, LLC Lease sdm16569 Authorizing re Lease between Pointe Hope, LLC (PD Community Office) G. Other City Council Actions 3. Resolution Granting Jurisdictional Approval to the Economic Development Authority of the City of Newport News, Virginia (EDA) to Issue Revenue Bonds in an Amount Not To Exceed $9.5 Million for the Benefit of Christopher Newport University Education Foundation, Christopher Newport University Real Estate Foundation and Christopher Newport University (CNU) ACTION: A REQUEST TO APPROVE A RESOLUTION GRANTING JURISDICTIONAL APPROVAL TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA (EDA), TO ISSUE REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $9.5 MILLION TO REFINANCE ALL OR A PORTION OF PREVIOUSLY ISSUED BANK-QUALIFIED TAX-EXEMPT REVENUE BONDS BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF RICHMOND COUNTY, VIRGINIA, AND THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF POQUOSON, VIRGINIA, FOR THE BENEFIT OF CHRISTOPHER NEWPORT UNIVERSITY EDUCATION FOUNDATION, CHRISTOPHER NEWPORT UNIVERSITY REAL ESTATE FOUNDATION AND CHRISTOPHER NEWPORT UNIVERSITY (CNU). BACKGROUND: CNU plans to refinance 2013 Bonds and replace them with new bank-qualified tax-exempt bonds to be issued by the EDA. The EDA held the necessary public hearing at its November 2, 2018 meeting and adopted EDA Resolution 18-4 approving the issuance of the EDA Bonds. The EDA is recommending that City Council approve the issuance of the EDA Bonds and provide the required jurisdictional approval. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM EDA Revenue Bonds Memo Attachment 1 - Notice of Public Hearing Attachment 2 - EDA Resolution 18-4 Attachment 3 - Excerpt of Minutes Attachment 4 - Fiscal Impact Statement EDA Issuance of Revenue Bond Resolution  RESOLUTION NO. _______________ A RESOLUTION CONCURRING WITH THE ISSUANCE BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA, OF ITS REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $9,500,000 FOR CHRISTOPHER NEWPORT UNIVERSITY EDUCATION FOUNDATION, CHRISTOPHER NEWPORT UNIVERSITY REAL ESTATE FOUNDATION AND CHRISTOPHER NEWPORT UNIVERSITY WHEREAS, the Economic Development Authority of the City of Newport News, Virginia (the “Authority”), has considered the request of Christopher Newport University Education Foundation (the “Borrower”) and Christopher Newport University Real Estate Foundation for the issuance by the Authority of its revenue bonds (the “Bonds”) in an amount not to exceed $9,500,000 to assist the Borrower in the (a) refinancing of the Industrial Development Authority of Richmond County, Virginia, Revenue Bond (Christopher Newport University Student Housing Project), Series 2013, in the original principal amount of $4,259,289.73, which (i) refinanced the Industrial Development Authority of New Kent County, Virginia, $5,500,000 Revenue Bond (Christopher Newport University Project), Series 2002, which financed a portion of the costs of constructing and equipping a student housing complex (the “CNU Apartments”) located at 39 Sweetbriar Drive in the City of Newport News, Virginia 23606 and leased by Christopher Newport University, and (ii) financed the cost of issuing such bond; and (b) refinancing of the Economic Development Authority of the City of Poquoson, Virginia, Revenue Bond (Christopher Newport University Student Housing Project), Series 2013, in the original principal amount of $7,474,589.86, which (i) refinanced the Industrial Development Authority of New Kent County, Virginia, $10,000,000 Revenue Bond (Christopher Newport University Project), Series 2001, which also financed a portion of the costs of constructing and equipping such CNU Apartments, and (ii) financed the cost of issuing such bond; and (c) financing, if and as needed, the costs of issuing the Bonds (collectively, the “Plan of Finance”); and WHEREAS, on November 2, 2018, the Authority held a public hearing with respect to the Bonds and adopted a resolution approving the issuance of the Bonds (the “Authorizing Resolution”) and recommending that the City Council of the City of Newport News, Virginia (the “City Council”) concur with the Authorizing Resolution; and WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds and Section 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended, sets forth the procedure for such approval; and WHEREAS, the facilities to be refinanced with the proceeds of the Bonds are located in the City of Newport News, Virginia (the “City”), and the City Council constitutes the highest elected governmental unit of the City; and WHEREAS, the Authority has recommended that the City Council approve the Plan of Finance and the issuance of the Bonds; and  WHEREAS, a copy of the Authorizing Resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA: 1. The City Council approves the issuance of the Bonds, in an aggregate principal amount up to $9,500,000, by the Authority for the benefit of the Borrower solely to the extent provided in Section 147(f) of the Code and Chapter 726 of the Acts of Assembly of 1972, as amended, to permit the Authority to assist in accomplishing the Plan of Finance. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan of Finance or the Borrower, The Christopher Newport University Real Estate Foundation or Christopher Newport University. The issuance of revenue bonds as requested by the Borrower and the Christopher Newport University Real Estate Foundation will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia (the “Commonwealth”) or the City and neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City, will be pledged to the payment of such Bonds. Neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto, except from revenues and moneys pledged therefor. 3. That this resolution shall be in effect on and after the date of its adoption, November 13, 2018. G. Other City Council Actions 4. Ordinance Amending City Code, Chapter 41, Vehicles for Hire; Article III., Taxicabs; Division 2., Rates of Fare, Section 41-51; Division 5., Taxi Meters, Section 41-101; Division 7., Annual Taxicab Inspection, Section 41-121; and Division 8., Taxicab Operating Regulations, Section 41-130; Section 41-142 ACTION: A REQUEST TO ADOPT AN ORDINANCE AMENDING CITY CODE, CHAPTER 41, VEHICLES FOR HIRE; ARTICLE III., TAXICABS; DIVISION 2., RATES OF FARE, SECTION 41-51, RATE CARD GENERALLY; DISPLAY OF RATES OF FARE ON OUTSIDE OF TAXICAB; DIVISION 5., TAXI METERS, SECTION 41-101,, SEALING GENERALLY; DIVISION 7., ANNUAL TAXICAB INSPECTION, SECTION 41-121, ANNUAL INSPECTIONS REQUIRED; INSPECTION PROCEDURE; COST OF INSPECTION STICKER; AND DIVISION 8., TAXICAB OPERATING REGULATIONS; SECTION 41-130, LETTERING AND NUMBERING; DISPLAY OF ADVERTISING; LIGHTS OTHER THAN THOSE REQUIRED BY LAW; SECTION 41-142, DRIVER'S MANIFEST. BACKGROUND: The proposed changes are as follows: Division 2., Rates of Fare, Section 41-51 - Remove the requirement that rates of fare be displayed on the outside surface of both rear doors of every taxicab. Division 5., Taxi Meters, Section 41-101 - Allow the use of a software-based device that utilizes GPS or other measurement data in the calculation of time-and-distance fares of taxicab service. Division 8., Taxicab Operating Regulations, Section 41- 130 - Remove the requirement that taxicab trade names be displayed on both sides of the taxicab. The Chief of Police disagrees with this recommendation; however, other minor administrative changes that provide clarification and reorganization of the section are supported. Division 8., Taxicab Operating Regulations, Section 41- 142 - Allow changes to the driver's manifest requirements to accommodate the use of a software-based device as  prescribed in Section 41-101. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Ord Amdmnt Chapt 41 Vehicles for Hire sdm16606 Amending Chapter 41, Vehicles for Hire (various sections)  CITY OF NEWPORT NEWS OFFICE OF THE CITY MANAGER November 7, 2018 TO: The Honorable City Council FROM: City Manager SUBJECT: Amendment to Chapter 41, Vehicles for Hire; Article III., Taxicabs The Taxi Advisory Board was established in conformance with Ordinance No. 6465-08, on March 11, 2008. The Board, composed of representatives of the City government, taxicab industry representatives and the general public, was created to review taxicab regulations and advise City Council with regard to appropriate provisions of any ordinance pertaining to taxicabs. At a special meeting on August 6, 2018, the Board voted to recommend major changes to four sections of the Taxicab Ordinance. These changes are summarized below. Division 2. Rates of Fare (Sec. 41-51.): Remove the requirement that rates of fare be displayed on the outside surface of both rear doors of every taxicab. The City Code already requires that rate cards be displayed in the interior of the taxicab by affixing one (1) card to the right front sun visor area and the other card within the rear passenger compartment. Division 5. Taxi Meters (Sec. 41-101.): Allow the use of a software-based device that utilizes GPS or other measurement data in the calculation of time-and-distance fares of taxicab service. The City Code provides for the use of taximeters which are mechanical or electrical devices used to calculate passenger fares. The addition of a software-based device provides a modern and reliable alternative to taximeters. Division 8. Taxicab Operating Regulations (Sec. 41-130.): Remove the requirement that taxicab trade names be displayed on both sides of the taxicab. The City Code requires that the trade name be displayed on both sides and the rear of the taxicab. The Chief of Police disagrees with this recommendation on the basis that it would be more difficult, for law enforcement purposes, to identify the trade name of the taxicab. However, other minor administrative changes that provide clarification and reorganization of this section are supported. The Honorable City Council Page 2 Amendment to Chapter 41 November 7, 2018 Division 8. Taxicab Operating Regulations (Sec. 41-142.): Allow changes to the driver’s manifest requirements to accommodate the use of a software-based device as prescribed above in Sec. 41-101. These changes include: (a) allowing the manifest to include total miles traveled during the taxicab driver’s shift rather than an odometer reading at the beginning and ending of duty; and (b) allowing the removal of the number of passengers for each trip from the manifest if the taxicab company maintains a separate photographic log of the trips. Some taxicabs are equipped with camera technology to maintain photographic documentation. Therefore, in accordance with the Bylaws of the Taxi Advisory Board, I recommend approval of the changes to Chapter 41, Vehicles for Hire; Article III., Taxicabs, with one exception. For the reason indicated by the Chief of Police, I am unable to support removal of the requirement to display the taxicab trade name on both sides of the taxicab. Consequently, the Ordinance does not address this requested change. ____________________________________ Cynthia D. Rohlf CDR:jlh cc: Alan K. Archer, Assistant City Manager Steven R. Drew, Chief, Newport News Police Department Robert E. Pealo, Assistant City Attorney I, City Attorney’s Office G:\Cindy Rohlf\1 CM CORRESPONDENCE\Correspondence\2018\11November\Memo to HCC re Amendment to Chapter 41 Taxicabs 11.7.18.docx H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. Court Appointed Special Advocate (CASA) - Donations - $8,129 2. Court Appointed Special Advocate (CASA) – Federal and State Revenue ($74,745) and FY 2019 General Fund Operating Budget: Community Support ($78,000) – $152,745 3. Department of Public Works – Bond Authorization: Public Buildings – Emergency Generators – $79,000 4. Department of Public Works – FY 2019 Additional State Revenue for Street and Highway Maintenance: Residential Street Reconstruction/Resurfacing Contracts – $520,169 H. Appropriations 1. Court Appointed Special Advocate (CASA) - Donations - $8,129 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $8,129 IN DONATIONS FOR THE CITY’S COURT APPOINTED SPECIAL ADVOCATE (CASA) PROGRAM. BACKGROUND: The CASA program trains community volunteers to serve as advocates for children found by the Juvenile and Domestic Relations Court to have been abused or neglected, or at risk of being abused or neglected. These funds will be used to train CASA volunteers, to organize special activities for CASA children, such as picnics, camp scholarships, and fundraising events. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM CASA Program - Donations Memo sdm16612 Appropriation re CASA Program - Donations sdm16612 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM CASA DONATIONS TO CASA PROGRAM. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from CASA Donations to CASA Program, as follows: Appropriation From: CASA Donations 2660-000-49-4910-481010- 49A18-49A18 $ 8,129.00 Appropriation To: CASA Program 2660-000-49-4910-555042- 49A18-49A18 $ 8,129.00 H. Appropriations 2. Court Appointed Special Advocate (CASA) – Federal and State Revenue ($74,745) and FY 2019 General Fund Operating Budget: Community Support ($78,000) – $152,745 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $152,745 TO THE CITY'S COURT APPOINTED SPECIAL ADVOCATE (CASA) PROGRAM FROM STATE GRANT REVENUE ($42,483), FEDERAL GRANT REVENUE ($32,262), AND THE FY 2019 GENERAL FUND OPERATING BUDGET, COMMUNITY SUPPORT CATEGORY ($78,000). BACKGROUND: The State grant represents annual funding received from the Virginia Department of Criminal Justice Services for the CASA program. The source of Federal grant funds is the Victims of Crime Act (VOCA) program. FISCAL IMPACT: In addition to the $74,745 in State and Federal grant funds, this transaction includes Community Support (local funds) in the amount of $78,000. The City Manager recommends approval. ATTACHMENTS: Description CM CASA Program - Budget Memo sdm16611 Appropriation re CASA Program - Budget sdm16611 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE DCJS, FEDERAL REVENUE - VOCA AND LOCAL REVENUE - COMMUNITY SUPPORT TO CASA PROGRAM. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates funds from State Revenue DCJS, Federal Revenue - VOCA and Local Revenue - Community Support to CASA Program, as follows: Appropriation From: State Revenue DCJS 2660-000-49-4910-482000- 49A19-49A19 $ 42,483.00 Federal Revenue - VOCA 2660-000-49-4910-483000- 49A19-49A19 $ 32,262.00 Local Revenue - Community Support 2660-000-49-4910-481000- 49A19-49A19 $ 78,000.00 Appropriation To: CASA Program 2660-000-49-4910-512331- 49A19-49A19 $ 152,745.00 H. Appropriations 3. Department of Public Works - Fiscal Year 2018 Bond Authorization, Public Buildings: Emergency Generators - $79,000 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $79,000 FROM THE FISCAL YEAR 2018 BOND AUTHORIZATION, PUBLIC BUILDINGS CATEGORY FOR EMERGENCY GENERATORS. BACKGROUND: Public Works Building Services is assigned the responsibility for the maintenance and repairs of City-owned buildings. This appropriation will allow the purchase of emergency generators to ensure provision of backup electrical power in various City buildings. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Emergency Generators Memo sdm16618 Appropriation re Emergency Generators sdm16618 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING FUNDS FROM BONDS AUTHORIZED AND UNISSUED TO EMERGENCY GENERATORS. 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 Emergency Generators, as follows: Appropriation From: Bonds Authorized and Unissued 4101-100-70-700G-579000-000000- 2018-00000-G0000 $ 79,000.00 Appropriation To: Emergency Generators 4104-250-70-700G-579401-000000- 2018-00000-G2408 $ 79,000.00 H. Appropriations 4. Department of Public Works – FY 2019 Additional State Revenue for Street and Highway Maintenance: Residential Street Reconstruction/Resurfacing Contracts – $520,169 ACTION: A REQUEST TO APPROVE A RESOLUTION APPROPRIATING $520,169 OF ADDITIONAL FISCAL YEAR 2019 STREET AND HIGHWAY MAINTENANCE STATE REVENUE TO THE DEPARTMENT OF PUBLIC WORKS FOR RESIDENTIAL STREET RECONSTRUCTION/ RESURFACING CONTRACTS AND RIGHT OF WAY MAINTENANCE. BACKGROUND: The City has been notified that FY 2019 State revenue for Street and Highway maintenance will be $520,169 more than estimated. The additional funds will be appropriated to Public Works’ General Fund operating budget, which is the Department that will oversee the contracts and work. Subsequently, the funds will be moved to the Street/Highway Maintenance Fund which is required by State accounting practices to be in a separate fund. FISCAL IMPACT: No other local funds are required for this resolution. The City Manager recommends approval. ATTACHMENTS: Description CM Street-Highway Maintenance Memo sdm16609 Appropriation re FY19 Additional State Revenue for Street and Highway Maintenance sdm16609 RESOLUTION NO. _______________ A RESOLUTION APPROPRIATING REVENUE TO FORCE ACCOUNT - STREET/HIGHWAY MAINTENANCE GENERAL FUND REVENUE AND STREET/HIGHWAY MAINTENANCE FUND AND APPROPRIATING EXPENDITURES TO CONTRACTUAL PAVING/PUBLIC WORKS DEPARTMENT AND STREET/HIGHWAY MAINTENANCE FUND QUALIFIED ASPHALT/RESURFACING. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News: That it hereby appropriates revenue to Force Account - Street/Highway Maintenance General Fund Revenue and Street/ Highway Maintenance Fund and appropriates expenditures to Contractual Paving/Public Works Department and Street/Highway Maintenance Fund Qualified Asphalt/Resurfacing, as follows: Appropriate Revenue To: Force Account - Street/Highway Maintenance General Fund Revenue 1000-100-00-0000-418307 $ 520,169.00 Then Transfer To: Street/Highway Maintenance Fund 2510-000-30-0000-427501 $ 520,169.00 Appropriate Expenditures To: Contractual Paving/Public Works Department 1000-250-31-3125-530200 $ 520,169.00 Then Transfer To: Street/Highway Maintenance Fund Qualified Asphalt/Resurfacing 2510-000-30-0000-558611 $ 520,169.00 *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 Woodbury Bateman Cherry Harris Price Scott Vick K. Adjourn *THE BUSINESS PORTION OF THE MEETING WILL BE CONCLUDED NO LATER THAN 10:00 P.M. TO ALLOW PERSONS TO ADDRESS CITY COUNCIL UNDER “CITIZEN COMMENTS ON MATTERS GERMANE TO THE BUSINESS OF CITY COUNCIL.”