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 27, 2018 City Council Chambers 7:00 p.m. A. Call to Order B. Invocation • Elder Darrin Lyons, Bethel Restoration Center C. Pledge of Allegiance to the Flag of the United States of America D. Presentations - None E. Public Hearings 1. Ordinance Authorizing the City to Contract a Debt and Issue General Obligation General Improvement (GOGI) Bonds of the City in the Principal Amount of $38 Million for the Purpose of Providing Funds to Pay the Costs of Public Improvement Projects Of and For the City Consisting of Public Parking Facilities and Related Roadway and Infrastructure Improvements 2. Ordinance Authorizing the Release and Vacation of a Public Drainage and Utility Easement Across Property Located at 10500 Jefferson Avenue (Brentwood Shopping Center) 3. Ordinance Authorizing and Directing the City Manager to Execute Lease Amendment No. 24 for a Portion of the Former Jackson School Site, Located at 4600 Huntington Avenue, By and Between the City of Newport News, Virginia, and Huntington Ingalls Incorporated, f/k/a Newport News Shipbuilding and Dry Dock Company F. Consent Agenda 1. Minutes of the City Council Retreat of October 12, 2018  2. Minutes of the Work Session of November 13, 2018 3. Minutes of the Regular Meeting of November 13, 2018 G. Other City Council Actions 1. Resolution Granting Conditional Approval for Fast Track EMS, LLC, a Private Emergency Medical Services Agency, to Provide Certain Transport Services Within the City of Newport News, Virginia 2. Ordinance Amending City Code, Chapter 31 Pensions and Retirement; Article III., Employees’ Post-Retirement Health and Welfare Benefits Fund, Division 8., Administration, Section 31-144, Investment of Reserves H. Appropriations 1. None 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. Cherry 5. Harris 6. Jenkins 7. Price 8. Scott 9. Vick 10. Woodbury 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 – Elder Darrin Lyons, Bethel Restoration Center C. Pledge of Allegiance to the Flag of the United States of America D. Presentations E. Public Hearings 1. Ordinance Authorizing the City to Contract a Debt and Issue General Obligation General Improvement (GOGI) Bonds of the City in the Principal Amount of $38 Million for the Purpose of Providing Funds to Pay the Costs of Public Improvement Projects Of and For the City Consisting of Public Parking Facilities and Related Roadway and Infrastructure Improvements ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE CITY TO CONTRACT A DEBT AND ISSUE GENERAL OBLIGATION GENERAL IMPROVEMENT (GOGI) BONDS IN THE AMOUNT OF $38 MILLION FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF PUBLIC IMPROVEMENT PROJECTS OF AND FOR THE CITY CONSISTING OF PUBLIC PARKING FACILITIES AND RELATED ROADWAY AND INFRASTRUCTURE IMPROVEMENTS. BACKGROUND: The proposed Bond Authorization of $38 million will allow the City the flexibility to issue bonds if market conditions at the time of a bond sale provide the best financing option for the City. The Bond issuance will support the projects associated with the construction of a public parking garage, and other related roadway and infrastructure improvements in the City Center/Oyster Point area. FISCAL IMPACT: This ordinance includes the customary authorization to issue Bond Anticipation Notes (BANS) prior to a bond sale, should cash flow or market conditions dictate the use of such notes. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re Issuance of GOGI Bonds for Parking Garage sdm16602 Authorizing the Issuance of $38,000,000 GOGI Bonds E. Public Hearings 2. Ordinance Authorizing the Release and Vacation of a Public Drainage and Utility Easement Across Property Located at 10500 Jefferson Avenue (Brentwood Shopping Center) ACTION: A REQUEST TO ADOPT AN ORDINANCE RELEASING AND VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT ACROSS PROPERTY LOCATED AT 10500 JEFFERSON AVENUE (BRENTWOOD SHOPPING CENTER). BACKGROUND: A drainage and utility easement was established through the property in December 1953. Brentwood Shopping Center was later developed on the site and the easement passes through the building. No utilities or drainage structures are within the existing easement. The City has no current or future use for the easement. The owner of the property requests the City to vacate the unused easement. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Vacation of Easement 10500 Jefferson Ave Attachment 1 of 2-Location Map-Easement-Storm Easement Vacation-10500 Jefferson Ave Attachment 2 of 2-Location Map-Shopping Center-Storm Easement Vacation 10500 Jefferson Ave sdm16632 Authorizing re Releasing a Vacating Easement - 10500 Jefferson Ave 10’ EXISTING DRAINAGE & UTILITY EASEMENT TO BE VACATED CITY OF NEWPORT NEWS, VIRGINIA 10500 JEFFERSON AVENUE [BRENTWOOD SHOPPING CENTER] DRAINAGE & UTILITY EASEMENT VACATION sdm16632 ORDINANCE NO. ____________________ AN ORDINANCE OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, RELEASING AND VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT. WHEREAS, the Council has been requested by the owner of property located at 10500 Jefferson Avenue to release and vacate an unused public drainage and utility easement across the property; and WHEREAS, the Council of the City of Newport News, Virginia, is of the opinion that such vacating will not result in any inconvenience and is in the interest of public welfare. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Newport News, Virginia: 1. That the following easement in the City of Newport News, being more particularly described as follows: All that certain drainage and utility easement, shown as “10' DRAINAGE AND UTILITY EASEMENT HEREBY EXTINGUISHED D.B. 26, PG. 267 MAP 3, PG. 70” on that certain plat entitled “10' Drainage And Utility Easement Hereby Extinguished On The Property Of Alcove Corporation, Elliffe Corporation, And Robert E. Yancey” dated October 24, 2018 and made by VHB, a copy of which is attached hereto and made a part hereof as Exhibit A. be released and vacated, and that the same shall be no longer deemed a public drainage and utility easement in the City of Newport News, Virginia. 2. That the City Attorney is hereby directed to record a copy of this ordinance among the deeds and other records in the Clerk’s Office of the Circuit Court for the City of Newport News, Virginia. 3. That this ordinance shall be in effect on and after the date of its adoption, November 27, 2018. E. Public Hearings 3. Ordinance Authorizing and Directing the City Manager to Execute Lease Amendment No. 24 for a Portion of the Former Jackson School Site, Located at 4600 Huntington Avenue, By and Between the City of Newport News, Virginia, and Huntington Ingalls Incorporated, f/k/a Newport News Shipbuilding and Dry Dock Company ACTION: A REQUEST TO ADOPT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 24 TO THE LEASE BETWEEN THE CITY AND HUNTINGTON INGALLS INCORPORATED (FORMERLY KNOWN AS NEWPORT NEWS SHIPBUILDING & DRY DOCK COMPANY) FOR PARKING AT THE FORMER JACKSON SCHOOL SITE. BACKGROUND: This is a one-year lease renewal for the use of the former Jackson School Site for parking purposes. FISCAL IMPACT: Incorporated in Amendment No. 24 is an adjustment of 3% to the current rental rate, raising the annual rate to $162,623.96. The renewal term will commence January 1, 2019, and will terminate on December 31, 2019. All other terms and conditions of the original lease, as amended, will remain in full force and effect. The City Manager recommends approval. ATTACHMENTS: Description CM Memo re Jackson School Site Lease Amdmnt No. 24 sdm16628 Authorizing Amendment No. 24 - Jackson School Site F. Consent Agenda 1. Minutes of the City Council Retreat of October 12, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A F. Consent Agenda 2. Minutes of the Work Session of November 13, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A F. Consent Agenda 3. Minutes of the Regular Meeting of November 13, 2018 ACTION: N/A BACKGROUND: N/A FISCAL IMPACT: N/A G. Other City Council Actions 1. Resolution Granting Conditional Approval for Fast Track EMS, LLC, a Private Emergency Medical Services Agency, to Provide Certain Transport Services Within the City of Newport News, Virginia ACTION: A REQUEST TO APPROVE A RESOLUTION GRANTING CONDITIONAL APPROVAL FOR FAST TRACK EMS LLC, A PRIVATE EMERGENCY MEDICAL SERVICES AGENCY, TO PROVIDE CERTAIN TRANSPORT SERVICES WITHIN THE CITY OF NEWPORT NEWS, VIRGINIA. BACKGROUND: The City has received a request from Fast Track EMS LLC to allow it to provide non-emergency medical transport services in the City of Newport News. Pursuant to the Code of Virginia, Section 15.2-955, and 12VAC 5-31-420, the Virginia Department of Health requires applicants for Emergency Medical Services (EMS) licensure to obtain a resolution from the governing body of each locality where the services will be provided. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Fast Track EMS do Business in NN Fast Track EMS Request for Operational Authorization sdm16642 Granting Conditional Approval for Fast Track EMS LLC to Provide Transport Svcs in City sdm16642 RESOLUTION NO. ___________________ A RESOLUTION GRANTING CONDITIONAL APPROVAL FOR FAST TRACK EMS LLC, A PRIVATE EMERGENCY MEDICAL SERVICES AGENCY, TO PROVIDE CERTAIN TRANSPORT SERVICES WITHIN THE CITY OF NEWPORT NEWS. WHEREAS, Fast Track EMS LLC (hereinafter “Fast Track”), a Virginia limited liability company, desires a state license to provide certain medical transport services in the City of Newport News, Virginia, with a prospective office to be located at 813 Diligence Drive, Suite 121-C, in the City of Newport News; and WHEREAS, Virginia Administrative Code regulation 12 VAC 5-31-420 requires that any applicant for licensure by the Virginia Office of Emergency Medical Services submit with its application an ordinance or resolution confirming the approval of the governing body of each locality where the agency maintains an office or stations an EMS vehicle for response; and WHEREAS, Fast Track has requested, and the City desires to provide said local approval. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Newport News, Virginia: 1. That Fast Track is hereby granted approval to provide certain medical transport services within the City of Newport News, Virginia and to obtain agency license approval from the Virginia Office of Emergency Medical Services. The following requirements shall apply when Fast Track is providing services within the City of Newport News: a. Fast Track will obtain agency license approval from the Virginia Office of Emergency Medical Services prior to providing any medical transport services within the jurisdictional boundaries of the City of Newport News, and will remain in compliance with all applicable operational and inspection requirements while providing such services. b. Fast Track is not an agent or representative of the City of Newport News, Virginia, and shall limit its transport services to non-emergency and inter- facility transports. c. Fast Track may not attempt to provide service to, nor shall it respond to, emergency situations (commonly known as “911 Calls”) unless requested by an authorized official of the Newport News Fire Department, or through a written agreement with the City. d. Fast Track shall timely pay all federal, state and local taxes, shall obey all applicable federal, state and local laws and regulations, and shall keep its transport vehicles and medical equipment in a safe, neat, well-maintained and sanitary condition.  2. That this resolution shall be in effect on and after the date of its adoption, November 27, 2018. G. Other City Council Actions 2. Ordinance Amending City Code, Chapter 31 Pensions and Retirement; Article III., Employees’ Post-Retirement Health and Welfare Benefits Fund, Division 8., Administration, Section 31-144, Investment of Reserves ACTION: AN ORDINANCE AMENDING CITY CODE, CHAPTER 31, PENSIONS AND RETIREMENT; ARTICLE III., EMPLOYEES’ POST-RETIREMENT HEALTH AND WELFARE BENEFITS FUND; DIVISION 8., ADMINISTRATION, SECTION 31-144, INVESTMENT OF RESERVES. BACKGROUND: The Board of Trustees (the Board) of the Newport News Employees’ Retirement Fund (NNERF) has recommended a change to the investment requirements for the Newport News Employees’ Post-Retirement Health and Welfare Benefits (OPEB) Fund. Currently, the OPEB Fund’s investments in equities may not exceed 65% of the Fund’s assets, unless the OPEB funded ratio is under 25%. OPEB is now over 25% funded and is limited to investing 65% of Fund assets in equities. The Board is recommending updating the equity limitation for OPEB to 75% to make it consistent with Section 31-79 which provides investment guidance for NNERF. The City Manager recommends approval. FISCAL IMPACT: N/A ATTACHMENTS: Description CM Memo re Ord Amdmnt for NNERF sdm16570 Amending Sec 31-144, Investment of Reserves sdm16570 ORDINANCE NO. _______________ AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., EMPLOYEES’ POST-RETIREMENT HEALTH AND WELFARE BENEFITS FUND, 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 III., Employees’ Post-Retirement Health and Welfare Benefits Fund, Division 8., Administration, Section 31-144, Investment of reserves, be, and the same hereby is, amended and reordained as follows: CHAPTER 31 PENSIONS AND RETIREMENT ARTICLE III. EMPLOYEES’ POST-RETIREMENT HEALTH AND WELFARE BENEFITS FUND 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 "BB"; (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 sixtyseventy-five (6575) 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 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, November 27, 2018. 2 H. Appropriations ACTION: A REQUEST FOR A MOTION OF CITY COUNCIL TO APPROVE AS A BLOCK THE FOLLOWING APPROPRIATIONS. 1. None Submitted *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 Cherry Harris Jenkins Price Scott Vick Woodbury 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.”