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April 24, 2007 Minutes of Regular Meeting
Minutes of the April 24, 2007 Regular Meeting
MINUTES OF REGULAR MEETING
OF THE NEWPORT NEWS CITY COUNCIL
HELD IN THE CITY COUNCIL CHAMBERS
2400 WASHINGTON AVENUE
April 24, 2007
7:30 P.M.
PRESENT: Sharon P. Scott; Joseph C. Whitaker; Charles C. Allen; Herbert H. Bateman, Jr.; Joe S. Frank; William F. Haskins; and Madeline McMillan--------------------------7
ABSENT: None------------------------------------------------------------------------------------------0
1. The invocation was rendered by Rabbi Eric Carlson, Congregation Zion’s Sake Messianic Synagogue.
2. The Pledge of Allegiance to the Flag of the United States of America was led by
Mayor Joe S. Frank.
MAYOR FRANK ASKED FOR A MOMENT OF SILENCE TO OFFER A PRAYER FOR THE WELL-BEING OF THE VICTIMS, STUDENTS, FAMILIES AND FRIENDS AFFECTED BY THE APRIL 16, 2007 TRAGEDY AT VIRGINIA TECH.
3. Public Hearings
(a) Change of Zoning CZ-07-232, Noble, Inc.
Mayor Frank presented AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED “ZONING DISTRICT MAP” (CONSISTING OF REAL ESTATE TAX ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICE OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF THE SAID ORDINANCE NO. 5028-97. He advised this would change the zoning of a 1.91 acre parcel located at 14256 Old Courthouse Way from C1 Retail Commercial to R7 Medium Density Multiple Family Dwelling. The Planning Commission voted 8:0 to recommend to City Council the approval of this change of zoning, and the City Manager concurred with the recommendation.
(No Speakers)
Ms. Melissa Cossaboon, 5857 Harbour View Boulevard, Suffolk, was available for questions.
Mr. Billie M. Millner, Jones, Blechman, Woltz and Kelly, Attorney for the applicant, was available for questions.
Councilman Whitaker moved closure of the public hearing; seconded by Councilwoman McMillan.
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3. Public Hearings Continued
(a) Change of Zoning CZ-07-232, Noble, Inc. Continued
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilwoman McMillan moved adoption of the above ordinance; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(b) Conditional Use Permit CU-07-219, Madison Company of Newport News
Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-219 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF PERMITTING THE OPERATION OF A GYMNASIUM IN AN M1 LIGHT INDUSTRIAL DISTRICT. He advised this granted a conditional use permit for the operation of a gymnasium on a 1.70 acre parcel that was part of a 2.69 acre parcel zoned M1 Light Industrial and located at 341 Bell King Road. The Planning Commission voted 9:0 to recommend to City Council the approval of this conditional use permit application, and the City Manager concurred with the recommendation, provided the additional conditions he suggested were incorporated into the permit.
Mayor Frank expressed concern regarding Condition number 4 in the ordinance regarding the fact that if a party was allowed for children and young adults between the ages of 13 to 21, the owner must notify the Police Department in writing; yet those individuals 21 and older were not mentioned. It seemed that individuals older than 21 could be allowed to have a party without conditions and without notifying the police. City Attorney, Stuart Katz, agreed, the way the condition was written, individuals older than 21 would be allowed to have a party without notifying police. City Attorney Katz stated that one could argue that a party for children, or adults, that had live entertainment, could fall within the definition of a nightclub. Mayor Frank indicated there was a party in the facility, by the applicant, where there was gunfire. He wanted to ensure that the City could control the use of the property to avoid a replication of the situation. It seemed that if there was a requirement to notify police of a party for children between 13 to 21 years of age, it was more likely that the police should be notified if a party were held for those over 21.
Mayor Frank suggested that the item be tabled for two weeks, asking that staff revisit the matter, and make necessary corrections to the ordinance.
Ms. Tammy Harrison, 5101 Sunrise Court, Suffolk, applicant, indicated the facility was called TNT Dynamite Parties. Her intent was to provide a birthday party center for
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(b) Conditional Use Permit CU-07-219, Madison Company of Newport News
Continued
children and families for entertainment to provide relief for parents from having birthday parties at their homes. Many suggestions were made for athletic banquets and after prom parties. Their intent was keeping children off of the streets, providing a safe environment, with no alcohol involved. The incident, with gunfire, referenced was a dance for Woodside High School teens. After the party, the crowd became rowdy outside.
Mayor Frank inquired whether the applicant’s intent was not to lease the facility to individuals over 21. Ms. Harrison replied no, the intent was to have high school children to use the facility to keep them off of the streets. She stated that one potential lessee had flyers printed and handed out for a party. The applicant contacted the police for advice. The police advised it would not be a good idea. The applicant then cancelled the party, as safety comes first.
City Attorney Katz stated TNT Dynamite Parties violated the City Code. He recommended the intentions of the applicant be explored, and prohibit those activities.
Councilwoman McMillan inquired whether the concern recently surfaced. Mayor Frank responded that he had just received an indication that this was a party facility and not a gymnastic facility. The party concept was not incorporated into the application for a gymnastic facility. Councilwoman McMillan indicated that she had received a copy of the Planning Commission minutes, which included the information for TNT Dynamite Parties. She did not see how an incident could reflect on the property owner if the incident occurred off the premises.
Ms. Harrison added that TNT Dynamite Parties hired security and police officers were present at every party.
Mayor Frank reiterated the desire to defer the matter for two weeks, and have the City Attorney work with the applicant to come up with conditions appropriate for the circumstances. Mayor Frank indicated the language in the ordinance needed to track the intentions of the applicant.
Vice Mayor Allen moved to defer this item to the May 8, 2007 Regular Meeting of City Council; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(c) Zoning Text Amendment ZT-07-239, City of Newport News
Mayor Frank presented AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, ARTICLE IV., SUMMARY OF USES BY DISTRICT,
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3. Public Hearings Continued
(c) Zoning Text Amendment ZT-07-239, City of Newport News Continued
SECTION 45-402, SUMMARY OF USES BY DISTRICT, BY AMENDING USE “I.” ENTITLED RECREATIONAL USES. He advised this amended the City’s Zoning Ordinance text to delete the term “Coin-Operated” from the “Amusement Arcade” use that would allow new generation computer games stores in R9 Mixed Use, C1 Retail Commercial, C2 Retail Commercial, and C3 Regional Business Districts. The Planning Commission voted 9:0 to recommend to City Council the approval of this zoning text amendment, and the City Manager concurred with the recommendation.
(No Speakers)
Mr. Billie M. Millner, Jones, Blechman, Woltz and Kelly, Attorney for the applicant, was available for questions.
Councilwoman Scott moved closure of the public hearing; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilman Whitaker moved adoption of the above ordinance; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(d) Huntington Pointe Development Project
1. Agreement with York County to Relocate Portions of Jurisdictional Boundary
Mayor Frank presented A RESOLUTION APPROVING A VOLUNTARY AGREEMENT OF ANNEXATION AND DEANNEXATION BETWEEN THE COUNTY OF YORK, VIRGINIA, AND THE CITY OF NEWPORT NEWS, VIRGINIA. He advised this resolution authorized the execution of a voluntary agreement with York County that would relocate portions of the jurisdictional boundary between the respective localities to accommodate the Huntington Pointe Development Project. These proposed boundary line relocations would become effective on July 1, 2007, or as of the date specified in the Circuit Court Order, and contingent upon approval by both the Circuit Court having jurisdiction over this matter and approval by the U. S. Department of Justice.
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(d) Huntington Pointe Development Project Continued
1. Agreement with York County to Relocate Portions of Jurisdictional Boundary Continued
Mr. Billie M. Millner, Jones, Blechman, Woltz and Kelly, Attorney for the applicant, was available for questions.
Councilman Whitaker moved closure of the public hearing; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilman Bateman read a declaration in accord with Section 2.2-3115G of the Virginia Code, pursuant to subdivision A 3 of §2.2-3112 of the Virginia Conflict of Interest Act that (i) the City Manager had recommended consideration of an agreement of covenant relating to the construction of a roadway in conjunction with the development known as Huntington Pointe (the “transactions”); (ii) that he was an employee of TowneBank; d (iii) the developer of Huntington Pointe who would be affected by these agreements as optionee to acquire some of the real estate was McCale Development Corporation, who along with its principals (Lewis McMurran and Hatcher Cale) were customers of TowneBank; (iv) that he had no personal interest in the transactions and to the best of his knowledge his employer had no personal interest in the transactions; and (v) that he was able to participate in the transaction fairly and objectively (a copy of the Declaration is attached and made a part of these minutes).
Councilman Whitaker moved adoption of the above resolution; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
2. Agreement of Covenant – Construction of Roadway
Mayor Frank presented AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AGREEMENT OF COVENANT FOR CONSTRUCTION OF A ROADWAY BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND McCALE DEVELOPMENT CORPORATION FOR THE HUNTINGTON POINTE DEVELOPMENT PROJECT. He advised this authorized the execution of an agreement of covenant that ensured the construction of the proposed North-South four-lane highway from Denbigh Boulevard to Fort Eustis Boulevard. City Council approved a Conditional Option Agreement on November 28, 2006 with McCale
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April 24, 2007
3. Public Hearings Continued
(d) Huntington Pointe Development Project Continued
2. Agreement of Covenant – Construction of Roadway Continued
Development Corporation for the sale and exchange of City-owned Waterworks property to accommodate the Huntington Pointe Development Project. The Agreement involved the exchange of 73.29 333± acres of surplus Waterworks property for a parcel in the Lackey area known as the Robinson property. This agreement of covenant ensured that in the event McCale Development Corporation withdrew from its plan to develop the property, whoever developed the site would be required to construct the connector road as planned.
(No Speakers)
Councilwoman Scott moved closure of the public hearing; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilwoman Scott moved adoption of the above ordinance; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(e) Polling Place Relocations
Mayor Frank presented AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 15, ELECTIONS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., VOTING PRECINCTS, SECTION 15-47, VOTING PLACES IN RESPECTIVE VOTING PRECINCTS. He advised this relocated the Downtown, Denbigh, and Peninsula Fine Arts Center Voting Precincts. These relocations were requested by the City’s Electoral Board, and if approved, would be ready for the November 6, 2007, General Election. The Downtown Precinct would be relocated to Fire Station #1 at 201 33rd Street. The Denbigh Precinct would be relocated to the Grissom Library at 366 DeShazor Drive. The Peninsula Fine Arts Center Precinct would be relocated to “The Hidenwood” at 50 Wellesley Drive. Subsequent to City Council’s approval, these proposed relocations would be submitted to the U. S. Department of Justice for approval as required. Mayor Frank indicated the reason for the changes were to primarily provide better access to the public and for more convenience in terms of getting people in and out of the facilities.
(No Speakers)
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Minutes of Regular Meeting
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3. Public Hearings Continued
(e) Polling Place Relocations Continued
Councilman Haskins moved closure of the public hearing; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilman Whitaker moved adoption of the above ordinance; seconded by Councilman Bateman.
Councilwoman Scott inquired whether this change automatically generated new voting cards for the citizens so they would be aware in enough time for the November election. Mayor Frank replied as soon as the Justice Department approved the changes, notification would be made to all citizens registered to vote in the respective precincts and new voter cards would be generated.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(f) Recommended Fiscal Year 2008 Operating Budget
Mayor Frank advised this was the first of two public hearings that City Council was conducting on the City Manager’s Recommended Fiscal Year 2008 Operating Budget. The second hearing would be held on Thursday, April 26, 2007, 7:30 p.m. at Mary Passage Middle School, 400 Atkinson Way. On May 1, 2007 City Council would hold a Work Session at 3:00 p.m. to discuss other alternatives and communicate its desires and concerns with the City Manager after having heard from the public. City Council had asked the City Manager to provide a number of scenarios at different tax rates to understand the recommendations of the City Manager and staff as to what the cuts would be if the rate were reduced to one amount or another. The City Manager earlier recommended a $0.06 tax cut, to bring the tax rate to $1.14 per one hundred. There was consensus that an additional two cents could be worked out to bring the cut to $0.08, bringing the tax rate to $1.12 per one hundred. City Council also asked the City Manager to look at lower numbers and what would be cut to meet those amounts.
On Tuesday, May 8, 2007 City Council planned to adopt the Newport News Public Schools (NNPS) Operating Budget and hopefully, adopt the City’s Operating Budget. The last legal adoption date for the NNPS budget would be May 15, 2007 and June 15, 2007 for the City Manager’s Operating budget.
City Manager, Randy Hildebrandt, provided an overview of the budget that was presented to City Council (a copy of these remarks are attached and made a part of these minutes).
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3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
City Manager Hildebrandt advised that the budget which was recommended to City Council represented an effort to achieve a balance between the need to provide tax relief to Newport News homeowners already burdened by three years of double digit real estate assessment increases, and the need to continue efforts to meet core operating requirements that support the services historically provided to citizens.
The budget achieved a six cent reduction in the real estate tax rate while supporting a responsible and sustainable spending plan. General Fund expenditures would increase by $28 million or 7%. This amount included a 7% increase in local funding for Newport News Public Schools (NNPS). Mr. Hildebrandt advised that costs were reduced wherever possible, and the City resisted temptation to defer known recurring costs to future years or to put off maintaining and replacing capital assets. Major items accounting for most of the increase in the budget included: (1) The City’s contribution to schools had to cover the funding for teacher and school employee raises and other operating cost increases for the schools; (2) A compensation package including a wage increase averaging 4% in order to remain competitive with public and private employers in the area; (3) Interim plan to reach a composite contribution rate of 6% by FY 2009 to the pension fund; (4) Increase in costs for fuel, utilities, and other supplies essential to operations; (5) Replacement of vehicles and IT assets; and (6) Funding of certain items in the Capital Improvement Program with cash from the Operating Budget rather than issuing debt.
City Manager Hildebrandt shared that increases in the stormwater fees, sewer user fees, and water rates could not be avoided. A new Waterworks billing system would be implemented in the spring of 2007, introducing a new Life Line water rate, where customers using a minimum amount of water would not experience a rate increase. The cumulative effect of these fee increases would be an added expense for the average homeowner of approximately $38 per year.
City Manager Hildebrandt stated that all citizens had a stake in the budget as taxpayers and as recipients of City services. He advised that because of the constraints placed on the City by State law, the City relied heavily on real estate taxes to finance a significant portion of school and municipal operations and the City had little flexibility to raise revenue from other sources. In conclusion, the Manager further indicated that many positive changes had occurred as a result of public investments made by City government. Citizens received a wide array of quality public services. City Manager Hildebrandt stated the FY 2008 Recommended Budget assured that both the City government and the NNPS would continue to provide these services efficiently.
Mayor Frank advised that no Council action needed to be taken. He announced the next budget public hearing was scheduled for Thursday, April 26, 2007, 7:30 p.m. at Mary Passage Middle School. City Council would have a Special Work Session on May 1, 2007 in the 10th Floor Conference Room to consider public hearing comments and to make final adjustments
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3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
to the City Manager’s Fiscal Year 2008 Recommended Operating Budget. It was Council’s intention to approve both the City’s Budget and the NNPS Budget on May 8, 2007.
Mr. A. C. Pulliam, Jr., 239 Falcon Drive, Newport News, commented unfavorably about the adoption of a resolution on April 10, 2007 to approve powers granted by the General Assembly to establish a Hampton Roads Transportation Authority, pursuant to the Hampton Roads Transportation Authority Act. Mr. Pulliam advocated that City Council cut its spending in an effort to reduce the real estate tax rate.
Ms. Evelyn Bradley, 384 Hiden Boulevard, Newport News, commented unfavorably about the unreasonable increases in the property tax assessments and the property tax rate.
Ms. Brigitte Ramirez, 13228 Aqueduct Drive, Newport News, indicated that homelessness would increase, particularly among the elderly, if property taxes continued to increase. She advocated the reduction of the real estate tax rate.
Mrs. Selma Petock, 2410 William Styron Square South, Newport News, Chair of the Community Relations Governmental Affairs Committee for the Hampton-Newport News Community Services Board (CSB). She reminded that the CSB coordinated a vast array of community-based services to individuals and their families affected by mental disabilities. Services included being a pivotal component of the City Council’s “Keep Our Kids Safe” Initiative, creating the first out-patient licensed psychiatric crisis stabilization unit in the Commonwealth in partnership with Riverside Behavioral Health, being the first to create a psychiatric long-term care pilot program, statewide targeted to the aging population, providing all services to participate in the Newport News Adult and Juvenile Domestic Relations Drug Court programs, provision of emergency services to individuals and their families experiencing acute problems associated with mental illness; and provision of comprehensive residential day support, vocational and case management services to individuals with intellectual and development disabilities (formally known as mental retardation services). Mrs. Petock indicated that CSB must have sufficient local tax support to maintain the level and array of services that the citizens of Newport News rely upon. She urged City Council provide the requested 6% funding increase for FY 2008, rather than the 3% recommended by the City Manager. She expressed appreciation to Council members for past support and requested assistance to help CSB maintain the best comprehensive community mental health center in Virginia.
Councilman Haskins inquired about the increase in funding from the State for CSB. Mr. Charles Hall, Director, CSB, responded that notification had not been received from the General Assembly for FY 2008. CSB anticipated an increase of 3-4% on State General Grant Funds, which made up less than 20% of the total budget. Councilman Haskins stated that the State mandated what the City must pay for, with CSB being one. Mr. Hall replied that less than 5% of CSB’s total budget was local tax dollars, with most of the revenue being earned revenue.
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
Dr. Ashby Kilgore, Interim Superintendent, Newport News Public Schools, 320 North 1st Street, Hampton, thanked members of City Council for their support. She mentioned the joint Business/Education Summit, which focused on the importance of education to a community. She shared that 80% of the fastest growing jobs require some form of post-secondary education, which means that today’s students must be prepared in a different way with different technology, thinking, and communication skills. NNPS is working hard to ensure a well-trained workforce for the Newport News community. In an effort to be responsive, NNPS has developed a program known as “Career Pathways” to ensure that all high school students has a pathway toward a job. Six hundred fifty students were slated to graduate with dual enrollment credits, tuition free. Five hundred sixty-three 2006 graduates received industry certification related to innovative technology. She urged City Council’s support of the NNPS Board approved operating budget for $307 million, which represented a 3% increase from FY 2007. Dr. Kilgore explained the priority in the FY 2008 budget was teacher compensation. The School Board eliminated 45 positions and deferred other needs in order to raise funds internally to increase teacher compensation.
Mr. Brad Comer, member of the Hampton-Newport News Community Services Board, 110 Overlook Cove, Newport News, urged City Council’s support for a 6% funding increase for the Hampton–Newport News CSB for FY 2008. The CSB served over 5,000 residents in Newport News that had serious mental illness and received treatment for mental retardation and substance abuse issues. He was a parent of a child with developmental delays. CSB had 82 individuals on an urgent care waiting list for services, in need of day support, residential services, and post vocational support. To support the vast array of services, CSB also required local tax support to appropriately serve the programs which were established as priorities. CSB had been the primary coordinating force for the Peninsula Mayors & Chairs Commission to end homelessness in six jurisdictions. Mr. Comer stated the need to push aggressively to resolve behavioral health challenges affecting citizens and keeping mental health and mental retardation services accessible and of high quality in response to citizens’ needs.
Mr. David Kundis, 106 Church Road, Newport News, commented about the increased real estate property tax rate. He inquired why the rate had not been reduced proportionately, noting the State law to base the real estate rate on the assessments, and indicated the average citizen would not be able to keep up with increased tax rates. Mr. Kundis inquired about the type of services that allowed a 71% increase in his real estate taxes in the past four years. He stated had he known his taxes would increase so high, he would not have been in favor of City Center. He alleged that things were happening behind doors that were affecting the average citizen. Mr. Kundis commented unfavorably on the proposed transportation plan, reminding that a similar plan was voted down in a referendum in the past. He reminded Council members that they were elected to do a job that they were not doing. He further stated that Council members put the citizens in high debt, increased salaries, and allowed the pension fund to get “out of whack.” Mr. Kundis indicated that the citizens were not satisfied and things needed to change relative to spending.
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3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
Councilman Haskins inquired whether Mr. Kundis’ pension had increased since his retirement from the Newport News Shipyard.
Mrs. Kundis stated he retired in 2000 from the Shipyard and his pension had not increased. He indicated he worked nearly 40 years, and ended up with a fair retirement, which was fast eroding. Mr. Kundis stated he was unsure whether he could remain in Newport News the taxes continued to increase.
Mr. Rick Donaldson, Chairman, NNPS Board, 111 James River Drive, Newport News, advised that the NNPS budget was approved unanimously by the School Board in March 2007. He introduced School Board members, Mr. Teddy Hicks, Vice Chairman; and board members, Mr. Michael Wagner, and Dr. Patricia Woodbury; as well as a vast number of school staff. Mr. Donaldson thanked the City Manager for his support of the School Board’s budget, for assistance in the development of the budget and for the healthy dialogue that occurred. He highlighted that the FY 2008 budget represented a 3% increase over FY 2007. It eliminated 45 positions, representing a savings of $2.3 million, as well as the deferral of major items such as fleet and vehicle replacements, and technology upgrades. Non-negotiable increases were included to cover additional state and local retirement charges, and had no flexibility for utility rate increases, support for special education students or debt service increases. Most increases were related to maintaining a competitive workforce. With the FY 2008 Budget, teachers would receive a 5% salary increase, while other employees, including central administration staff, would receive a 3% salary increase. Mr. Donaldson stated the staff showed support and were committed to doing the best job for the City of Newport News. He indicated that good public schools were a core responsibility of the City that could not be neglected. The School Board requested full funding of the FY 2008 NNPS budget.
Mr. Donaldson further added that as a Newport News resident and taxpayer, he had seen tremendous improvement and growth in the quality of life and hoped it would continue with museums, in the arts, and in the investment and vision of the Newport News City Council.
Mr. Stewart Fleming, 26 Langhorne Road, Newport News, reminded that citizens were repeatedly told that taxes were a result of the value of property as ascertained by City officials and the rate that Council set to apply to that value. Mr. Fleming commented there were substantial discrepancies in the way properties were valued in Newport News. Beyond City officials, citizens who disagreed with the value of their property could go to the Board of Review of Real Estate Assessments, who had not found in the taxpayers favor in fifteen years. All real estate is to be taxed, with taxes levied and collected under the general laws, and shall be uniform. Mr. Fleming stated that all assessments should be at fair market value. He stated that some property owners were being treated differently than he. Mr. Fleming shared information from the bond prospectus listing the largest property owners in the City. The Newport News Shipyard had a total assessed value of $452 million in 1997. In 2005, the assessed value was $482 million, or a 4% increase. The remaining large property owners receive increases at approximately the same level. Mr. Fleming felt the taxpayers were being asked to carry more than his/her share.
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
Ms. Rhonda Rhodes, City servant (teacher) 8 Creekpoint Cove, Newport News, shared that her house had increased 100%. She indicated that she could not afford to pay her taxes that City Council continued to raise, nor could she afford to sell her house and buy another. Ms. Rhodes stated her budget went to her house and her utilities only. She could not teach the children without a place to live, and her tax assessment was putting her out of her home. Her house increased by $30,000.00 and the only improvement made to the home was to add an electrical fixture. Ms. Rhodes asked that City Council lower the assessment or rezone her neighborhood.
Mr. Todd Budlong, homeowner and commercial real estate owner, 59 N. Madi-son Lane, Newport News, reported that his new assessment reflected a 27% increase in his home and an average increase of 64% for his commercial property, which included two properties with increases of 124% and 136%. He inquired how the City could formulate and propose a budget without knowing what revenue would be generated through real estate taxes. He supposed the City determined what it wanted to spend and then decided how much to charge through assessments. Based on the proposed budget proposal, the City Manager’s suggested tax rate reduction of $0.06 when an average reassessment increase of 16.9% still netted the City a total revenue increase of 11% in real estate taxes over the previous year with $1.20 rate. Mr. Budlong stated the tax burden for real estate owners increased by 11%, but unfortunately the financial load did not weigh equally on the shoulders of the taxpayers and City government. He alleged the new money would go to Police, community pools and libraries, subsidize private development, and to hire new employees for the already top-heavy City workforce. He inquired about citizen expectations that the City spend less, and stated the government spending solution was simple – if pools and libraries had environments so volatile that they required full time security, they should be shut down. He suggested, rather than forcing the taxpayers to share public funding failures such as Symantec and Evercel, allow private development to weather the risk and reap the potential rewards on its own. He further suggested that a hiatus be put on development until City infrastructure could meet the current demands of its residences and businesses. Mr. Budlong asked City officials to abandon their perspective of the taxpayer as an endless resource of revenue, and if unable to do so, the taxpayers would abandon the confidence in current leadership when up for re-election.
Ms. Jan Lindeman, 9610 River Road, Newport News, reported that her real estate property assessment had increased 120% in four years. She further expressed support for community improvement projects in the South Riverrmont section, to include street improvements and infrastructure. A petition was presented in 2004 stressing the desperate need for improvements. She advised that the streets flood, drainage was horrible, and the water was brown. In response, the City contracted Clarke Nexen in 2005 to design and prepare construction documents for the South Rivermont improvements. The plan cost the City $600,000.00. The design plan was completed after community meetings held in 2006 to allow citizen input. Mr. Tan Young, Chief Engineer, advised the design was complete and was awaiting City funding approval for construction to begin. Ms. Lindeman indicated no funding had been allocated by the City for the next five years. The residents requested that City Council give consideration to
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
to the Rivermont Improvement Project in lieu of other financial obligations, because other areas are receiving City money and effort. The residents need the improvements and urged Council to fund and approve construction of this long overdue project.
Mr. I. E. Bradfield, 758 Carnegie Drive, Newport News, advised that it was time to consider the financial condition of the City of Newport News. In a City with an average household income of $26,000, the debt was approximately $3,000 per person, which should be addressed. He stated it was not the time to embark on new adventures or sign new contracts until such time that the City was in better financial condition. Residents of Glendale proposed the following after review of the FY 2008 Operating Budget: (1) the proposed King William Reservoir construction project be put on hiatus until the City was in better financial condition; (2) increase in the meals tax; (3) increase the boat liberty fees and the boat license tax; (4) increase in theater ticket tax; (5) increase the dog license fee; (6) increase truck and automobile taxes; (7) increase property transfer fees; (8) increase the business license fee; (9) increase the War Memorial Museum fee and campground fees at Newport News Park; and (10) sign no Sister City agreements. Mr. Bradfield quoted President Grover Cleveland, whose motto was “a public office is a public trust;” and Robert E. Lee, “Do your duty always, you cannot do more, you should never wish to do less.”
Ms. Jamie Starkey, 42 S. Madison Lane, Newport News, moved from Atlanta, Georgia, whose budget included everything except increasing taxes. She reported an 82% increase in her real estate property assessment. She stated that improvement and growth in the City was nice, but were getting out of hand. Ms. Starkey indicated that the real estate property tax should be lower than $1.12 per hundred.
Mr. Bob Leber, Director of Education and Workforce Development at Northrop Grumman, Apprentice School, expressed support for the NNPS proposed budget, particularly as it relates to maintaining a competitive workforce, which involved a strong partnership between business and educational institutions. He expressed pleasure about what the NNPS was doing with dual enrollment which benefited the Apprentice School in credits, and what the NNPS was doing in terms of certification programs, which gave students credentials to make the transition from the classroom to the workplace. Mr. Leber further stated that workforce investment contributed to the infrastructure of the community, to make this a desirable community to retain skilled personnel and attract newcomers. The budget proposed for the public education system goes at one of the major challenges of the NNPS which was providing competitive salaries to attract and retain competent teachers. He urged City Council take notice of the reductions made by the NNPS to reallocate resources to teachers salaries in an effort to maintain the types of teachers needed.
Mr. Allan R. Staley, a Newport News businessman in the community for 24 years, stated there had been amazing changes in the community. He touted growth in the downtown, which had changed tremendously due to the investments by the State, federal and local governments and hare decisions that City Council and past administrations had made. He
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
recalled a past vision to create beautification and aesthetic quality and an image of the City that was better than ever. The City had invested in cultural arts, and in communities that could not support in an economy what was being created at the time. Mr. Staley reminded that it was that vision that allowed things to thrive today and in the future. He expressed hope that the vision would continue, which as a result, would take tax dollars. He reminded that City Council supported a reasonable decrease in the City tax rate. Mr. Staley expressed support for the community and mentioned plans to start a new business that would be headquartered and grown in the community and would provide additional employment for citizens in the community. He applauded City Council for its past vision and urged them to have the courage to do what was right and difficult by not supporting an over-expanded reduction of the tax rate.
Mr. John E. Garrett, a business and property owner in Newport News for 50 years, 40 Randolph Road, Newport News, shared that his real estate property assessment increased $152,000, which translated into approximately $1,800 more in taxes. Over the years, Mr. Garrett indicated that his invested money went primarily into the real estate market, but would have to sell something in order to keep paying the taxes. He informed City Council that a $0.06 reduction in the tax rate would not cut the outrageous assessments.
Mr. Roy Dunkum, 80 Colombia Drive, Newport News, stated that taxes had been on the rise for some time. He shared that his most recent increase was 36%, which was low in comparison. He stated that the rate of tax was set by City Council and asked for the bottom line. He stated the spending spree of the City must stop. He further stated that many citizens were faced with having to sell sources of retirement income to continue living in Newport News. Mr. Dunkun indicated the situation was critical to a retiree. Unchecked borrowing and spending had come back to haunt the City. He asked that the current City Council take ownership of today’s debt and spending patterns. He stated the City should encourage businesses to consider Newport News only on its long-term merit, not what the City could provide them. The situation existed nationwide, where companies moved where local governments enticed them with large giveaways of taxpayer land and funds. Mr. Dunkm stated the City did not need to expand its tax base any faster than the general economy of the area. He further stated it was time for City Center to expand with private monies, if the need existed. He stated there should be no more giveaways to local businesses to entice them to move from one part of the City to Town Center or any other place in the City, as it only spread the blight of empty buildings in established areas. To overbuild with taxpayer money in one area of the City at the expense of another area was unethical. He urged City Council to hold the line on spending and give the City Manager a budget guideline that showed no increases in spending, flatten out the City budget, and decrease the tax rate to $1.08 per hundred or less. Referencing the proposed transportation plan, Mr. Dunkum stated the rush to vote at the Regular Meeting of City Council April 10, 2007 without public input, and reminded Mayor Frank that he was elected to do the will of the people.
Mr. Walter Segaloff, Newport News businessman, spending the past twelve years in public education, thanked the City Manager for the well thought City budget. He also thanked
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
City Council (who had done more to improve the City’s quality of life than any previous City Council) for its vision over the past twelve years. He understood that citizens were asking for relief, but stated that a City could not stand still or go backwards. He urged that City Council continue to have the vision to deal with the problems in their good judgment, which he trusted implicitly. Mr. Segaloff stated that he looked forward to the continued growth and quality of life improvements in Newport News.
(RECESS: 9:50 p.m. – 10:00 p.m.)
Mr. Carl Brimmer, 719 Roslyn Road, Newport News, asked that City Council lower the real estate property tax rate to prevent him from becoming less fortunate.
Ms. Tracee Carmean, Vice President and Administrator for Riverside School of Health Careers, member of the Newport News Education Foundation, 112 Lance Way, Yorktown, expressed passion for education and support for the City’s allocation to the NNPS. She reminded that the NNPS budget represented a 3% increase, in an effort to attract and retain qualified teachers at a competitive salary. She urged Council support of the NNPS budget for the benefit of the children.
Ms. Cary Nunnally, 9 Hilton Terrace, Newport News, speaking for those citizens who could not speak or who were afraid to speak for themselves, asked for (1) one Newport News with an economic climate that attracted people and businesses, an education system that demanded accountability and rewarded excellence, and a government that responded to the public interests instead of the special interests; and (2) one Newport News that valued every citizen that recognized the City succeeded or failed together, that provided opportunity for all while demanding individual responsibility. Ms. Nunnally shared citizens had a right to live in a City where if one worked hard and played by the rules, could earn enough to own and hold on to a home. She stated that one Newport News meant a City that preserved its land and allowed for prudent growth without staggering debt; where government fulfilled its only duty to protect its people. Ms. Nunnally stated there was a lack of unity and expected City Council to reject interest group politics of division and fear, and listen enough to find solutions. She stated there was a case of taxation without representation in Newport News and demanded that City Council lower the real estate tax rate to $1.00 per hundred or below and stick to the job they were elected to do – to provide for the basic needs of the citizens; who promised to take action if the rate were not reduced.
Mr. John Gergely, 449 Winterhaven Drive, Newport News, expressed displeasure with City Council’s approval of a regional transportation plan without public input.
Reverend Lawrence Willis, Pastor of Carver Memorial Presbyterian Church, and Chairman of the Board of Directors of the Office of Human Affairs, 114 Pointers Glen, Newport
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
News, stated the Office of Human Affairs (OHA) was an entity that provided services, in partnership with the City and the NNPS, to address the needs of the community, families, and children. He stated OHA had an extensive early Headstart program that prepared young people to
enroll in the school system. It was the desire that the children enrolled with skills to achieve. He
News, stated the Office of Human Affairs (OHA) was an entity that provided services, in partnership with the City and the NNPS, to address the needs of the community, families, and children. He stated OHA had an extensive early Headstart program that prepared young people to enroll in the school system. It was the desire that the children enrolled with skills to achieve. He further stated that OHA further provided: (1) support for families, for healthcare, (2) parenting skills, (3) support to students considering educational opportunities beyond the NNPS system, (4) home ownership training, (5) summer lunch programs, (6) nutrition programs, (7) math and reading tutoring, (8) emergency assistance, (9) heat and rent support and a myriad of assistance to persons in the community. Reverend Willis asked that OHA’s portion of the community development funding increase in an effort to continue to do the work they were charged to do in the community. Reverend Willis further stated, as a Pastor of a number of individuals who were long-time residents of the community, the substantial increase in real estate property taxes would hurt many people. He appealed that Council consider adjusting the funding patterns in a way that would not hurt the residents of the community. He asked that Council find solutions where the City could be funded adequately, school systems supported, and young people could receive quality education.
Mr. Greg Roth, 964 Drives Lane, Newport News, shared that this real estate property assessment increased 40%. He recommended a real estate property tax rate of $1.00 - $1.05 per hundred, and indicated Newport News had one of the highest property tax rates in the region.
Mr. Jason Young, Executive Director of Community Features Foundation, the non-profit agency running The Denbigh House, 12725 McManus Boulevard, Newport News, thanked the City for its support of The Denbigh House. The Denbigh House was an innovative, vocational, rehabilitation program for persons with brain injuries, whose program was designed to deal with the complex cognitive, behavioral and emotional deficits that followed a brain injury. Its services were comprehensive, long-term, and were designed to help survivors return to a semblance of independent living, paid employment, and community integration. The program was awarded this highly competitive funding because the area was unserved by any of the State’s recognized core services necessary for every person with brain injury in Virginia. The Denbigh House has been overwhelmed with referrals and community interests. Mr. Young stated that although brain injury was 8.5 times more prevalent than breast cancer and 44 times more prevalent than HIV/AIDS, there was little public awareness of the epidemic. This lack of awareness created a funding disparity for brain injury and for people to get appropriate treatment after their injuries. The Denbigh House offers the only option for a variety of much needed critical services to a person with a brain injury. The Community Support Grant request funded in FY 2007, allowed the hiring of one additional full-time employee. Mr. Young stated local community support was a strong indicator to the State that these services were needed and wanted
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
by the locality. The Denbigh House was also active in collaborating with other organizations to secure other means of funding. He thanked City Council for its continued support of the program and the critical services provided to Newport News citizens with brain injuries.
Ms. Janet Christian, member of Denbigh House, 801 Blackwater Way, Newport News, informed that she had received a brain injury in 2000, and lived on disability and a small federal pension. She stated that Denbigh House helped her to start a business with a tax base, and helped her with her communication and advocacy skills. She spoke favorably about the services of Denbigh House where she was treated as an equal and received understanding about her brain injury. Ms. Christian urged City Council to continue funding and supporting the Denbigh House and that an increase in funding be considered.
Mr. Carl Brakman, 208 Seldon Road, Newport News, expressed appreciation for the level of effort put into the proposed budget. He expressed support for the NNPS budget and the need for continued support of the CSB and Denbigh House. Mr. Brakman did not support incentives and perks given to expansion and construction, i.e. Christopher Newport University and the Ferguson Center, particularly when they cut programs that would benefit local citizens in the workforce. His concerns about the budget related to development that directly impacted current and future budget needs. Mr. Brakman stated that much of the development in Newport News occurred in undeveloped areas, which added to the traffic burden and the burden on existing public services. He further stated that expansion compounded the tax burden, rather than alleviating it. He urged City Council to work on renewal and support for renovation for existing citizens and not abandon developed areas by sponsoring economies elsewhere. He asked that the City severely curtail development initiatives in undeveloped areas, stop sponsoring the King William Reservoir, not widen roadways and then plan development along the roadways and to curtail or stop expansion until there was a stable, self-sustaining economy.
Ms. Tricia Stall, candidate for the Virginia Senate, 804 Riverside Drive, Newport News, stated there had been no increase in the level or quality of services for the citizens actual needs of citizens. She gave notice to those Council members who demonstrated a lack of willingness to do what was honorable and necessary to provide for the current citizens who elected them, and demanded the real estate property tax rate be decreased to $1.00 per one hundred. Ms. Stall reported that her real estate property assessment increased by $99,000 in addition to a 30% increase the previous year. She asked that Council reduce the tax burden. She shared that citizens were looking for City Council candidates who shared the vision for limited government. She further spoke in opposition to the oppressive regional taxing authority that City Council approved at its Regular Meeting on April 10, 2007, disguised as a transportation plan. She stated this taxing machine was dangerous to everyone in Hampton Roads. Ms. Stall alerted that citizens had done their homework to see that Council continued on a disastrous course of overspending despite the need to get finances in order. She stated many citizens were threatening a recall and expected the tax rate be lowered to a figure that decreased the amount of real estate tax revenue. She further urged Council to stop the crisis in spending it created.
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
Mr. Michael W. Bartles, 40 Madison Lane, Newport News, complimented Council on the improvements made to the City, but urged them to do what was right for the people and not what special interest groups required.
Mr. Anthony Starkey, 42 S. Madison Lane, Newport News, reported that his real estate property assessment increased by 82%. He stated there was room for increased revenue with a real estate property tax rate below $1.00 per hundred. He further pointed out that the City had reached aspirations toward spending to a higher level of affluence than could be substantiated. He urged the City to regulate its spending in accordance with its income and budget.
Mr. Louis W. Bradshaw, 470 Cheshire Court, Newport News, expressed concern about the increasing real estate property tax rate. He stated City Council was elected to represent the citizens and felt the citizens were not receiving their fair share. He stated that people were being driven away from the City of Newport News. He urged City Council to give consideration to the citizens.
Ms. Effie C. Ashe, 4301 Madison Avenue, Newport News, expressed support for the NNPS budget. She asked that the NNPS budget not be cut, and that the Police force not be cut. She stated that security and education were needed. Ms. Ashe further stated Newport News would no longer be a front runner if education were cut and the better teachers left the area. Additionally, Ms. Ashe thanked City Council for their care and concern during her illness.
Ms. Pixie Killebrew, member of RETRO (real estate tax reduction organization), 13 Hilton Terrace, Newport News, stated RETRO was pleased to be engaged in a productive dialogue in looking toward a fiscally sound future for Newport News. RETRO’s agenda included: (1) residential real estate taxes were too high and homeowners needed relief; (2) the City is spending too much money; (3) No family, individual, or City could borrow its way out of debt. It was the desire of RETRO to continue working with the City, in a non-adversarial manner, to achieve its objectives. She was aware that the revenue from real estate taxes could not be reduced in one year and expected at least a four year effort to keep the real estate stream constant with the previous year, presuming a 10% rise in assessments. RETRO computed a real estate property tax rate at $1.08 per one hundred, giving the City no rise in revenue from real estate tax, and would give no tax relief for the citizens, but would provide a constant revenue stream. Ms. Killebrew added, because the assessments were higher than the projections, the rate to retain a constant stream would need to be $1.06 per one hundred. RETRO further proposed that as the City retired old debt or restructured the debt, that the City pay down the actual amount owed, not just a percentage of the revenue, nor a percentage of the budget. RETRO forwarded a list of suggested cuts made by citizens at its public meeting of April 11, 2007. She asked that City Council use that list as encouragement to limit the growth of City expenses.
Vice Mayor Allen moved closure of the public hearing; seconded by Councilman Haskins.
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Minutes of Regular Meeting
April 24, 2007
3. Public Hearings Continued
(f) Recommended Fiscal Year 2008 Operating Budget Continued
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
12. Citizen Comments on Matters Germane to the Business of City Council
Mr. David L. Palutz, 622 McLaw Drive, Newport News, questioned why the City would not enforce the property laws that it was charging taxes for. His dilemma was a property dispute between a neighbor and the installation of a fence, as well as a tree that was also on his property. He stated the City would not enforce the property lines so that he could have possession of all of his property. Mr. Palutz inquired who had the authority and the morality to enforce the property laws that have been shown to be criminally violated. (A summary of Mr. Palutz’ issue was distributed and is attached to these minutes.)
Mayor Frank indicated that he had reviewed the matter and referred it to the City Attorney, who advised there was no role for the City to play in the matter, urging that Mr. Palutz seek legal counsel.
Mr. David Irby, 18 Davis Avenue, Newport News, expressed opposition to City Council’s approval of the resolution relating to the Hampton Roads Transportation Authority at the Regular Meeting of City Council held April 10, 2007. He stated this was taxation without representation. Mr. Irby requested that City Council rescind the resolution.
Mr. William Coker, Box 13206, Chesapeake, expressed concern about the police shooting death of Mr. Robert Lamont Harper. He stated that well-trained, armed, badged senior policemen could not shoot down unarmed citizens, and when they did, they must answer like any criminal.
Mr. John Wesley Hill, 2906 Mapleton Avenue, Norfolk, urged City Council to respond appropriately to the police shooting death of Robert Harper; and ensure that the case was not “swept under the rug.” He indicated the police officer responsible be addressed and be suspended. He urged that City Council do the right thing. (A memorandum addressed to all concerned citizens was distributed and is attached to these minutes.)
Ms. Helen Williams, aunt of Robert Lamont Harper, 701 #1 Arboretum Way, Newport News, shared family background and experiences surrounding the life of Robert Harper. She indicated that the family of Robert Harper sought truth and justice in his shooting death.
Mr. Kosage Chavis, cousin of Robert Lamont Harper, 14529 Old Courthouse Way, #8, Newport News, inquired about the schedule for the release of the investigative reports regarding the shooting death of Robert Harper, and asked at what point City Council would decide whether or not an independent investigation would be conducted.
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Minutes of Regular Meeting
April 24, 2007
12. Citizen Comments on Matters Germane to the Business of City Council Continued
City Manager Hildebrandt replied that the Commonwealth’s Attorney would make the decision once he acquired all of the information needed to determine the criminal liability, if any, that the police officer had. Mr. Hildebrandt further stated that the administrative investigation would not be complete until all medical examiner’s reports were received. Once received, the information would be evaluated, but he had no idea when the information would be available.
Mayor Frank stated the ballistics tests nor the toxicology tests had been received. It was his understanding that many of the medical examiners were sent to Blacksburg to deal with the crisis at Virginia Tech, and advised there may be further delay.
Mr. Kimberly Winn, Newport News, indicated that the family of Robert Harper sought justice with regard to his shooting. She further requested that City Council not cut taxes to the extent that the NNPS budget would be affected.
4. Consent Agenda
Councilman Haskins moved adoption of the Consent Agenda, Items A through C, both inclusive, as shown below; seconded by Councilwoman Scott.
(a) Minutes of Work Session of April 10, 2007
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(b) Minutes of Special Meeting of April 10, 2007
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(c) Minutes of Regular Meeting of April 10, 2007
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
5. Consolidated Housing and Community Development Annual Action Plan
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS APPROVING THE ANNUAL ACTION PLAN FOR THE CITY OF NEWPORT NEWS INCLUDING THE PROPOSED USE OF COMMUNITY DEVELOPMENT BLOCK GRANT
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Minutes of Regular Meeting
April 24, 2007
5. Consolidated Housing and Community Development Annual Action Plan Continued
AND HOME FUNDS AND CERTIFICATIONS FOR FISCAL YEAR 2007-2008 AND AUTHORIZING SUBMISSION OF THIS PLAN TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT. This resolution approved the Consolidated Housing & Community Development Annual Action Plan for Fiscal Year 2007-2008. This was the City’s 2007-2008 update to the 2006-2010 plan that identified the City’s needs for housing and community development; and the resources available to meet the needs and the priorities for directing those resources. This document was required by the U. S. Department of Housing and Urban Development (HUD) and must be approved by that agency for the City to participate in the Community Development Block Grant (CDBG) and HOME Investment Partnership Programs. The total HUD funding for both programs for Fiscal Year 2007-2008 was $2,758,215.00. A copy of the Plan is attached and made a part of these minutes.
(No Speakers)
Mr. Derek Kahn, Newport News Redevelopment and Housing Authority, was available for questions.
Vice Mayor Allen moved adoption of the above resolution; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
6. Establishment of Augmented Speeding Fine Program
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY ADDING THERETO A NEW ARTICLE TO BE KNOWN AND DESIGNATED AS ARTICLE XI., ADDITIONAL FINE FOR EXCEEDING THE MAXIMUM SPEED ON DESIGNATED RESIDENTIAL THROUGH STREETS, TO INCLUDE SECTION 26-235, PURPOSE; SECTION 26-236, DEFINITIONS; SECTION 26-237, ADDITIONAL TWO HUNDRED DOLLAR ($200.00) FINE FOR SPEED LIMIT VIOLATION ON ADDITIONAL FINE STREETS; SECTION 26-238, PROCEDURE FOR CONSIDERATION OF AN ADDITIONAL FINE STREET; SECTION 26-239, PROCEDURE FOR CITY COUNCIL DESIGNATION OF ADDITIONAL FINE STREETS; AND SECTION 26-240, DESIGNATED ADDITIONAL FINE STREETS. This ordinance established an augmented speeding fine street program to provide additional fines for exceeding the maximum speed on designated residential through streets. This program would allow the City to post “Speeding Additional $200 Fine” signs on local residential and collector streets that have a posted speed limit of 35 miles per hour or lower. These special signs advised motorist of a maximum fine of $200 in addition to other penalties provided by law for exceeding the speed limit in certain residential districts. This proposed ordinance facilitated the resolutions reached with community representatives for the Beechmont Area Traffic Calming program by designating Beechmont
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Minutes of Regular Meeting
April 24, 2007
6. Establishment of Augmented Speeding Fine Program Continued
Drive from Lucas Creek Road to Loraine Circle/Loraine Drive as an additional fine street corridor. Based on an administrative process as set forth in the ordinance, the posting of additional fines on streets in other residential areas granted would be permitted as a means of calming traffic.
(No Speakers)
Councilman Whitaker moved adoption of the above ordinance; seconded by Councilwoman McMillan.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
7. Portable Dynamic Message Display Project
A. Project Administration Agreement
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHLAF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN STANDARD PROJECT ADMINISTRATION AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, DATED THE 24TH DAY OF APRIL, 2007, FOR INTELLIGENT TRANSPORTATION SYSTEM PORTABLE DYNAMIC MESSAGE DISPLAYS. This resolution authorized the execution of a Project Administration Agreement with the Virginia Department of Transportation (VDOT) for the City to administer a Portable Dynamic Message Displays Project. This was a VDOT funded project to purchase portable dynamic message display signs to be used to alert motorists of changing traffic conditions. This project would procure six (6) portable signs and the associated communications equipment at no direct cost to the City.
(No Speakers)
Councilman Haskins moved adoption of the above resolution; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
B. Appropriation of Funds Continued
A RESOLUTION APPROPRIATING FUNDS FROM VIRGINIA DEPARTMENT OF TRANSPORTATION ($346,000.00) TO PORTABLE DYNAMIC DIS-
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Minutes of Regular Meeting
April 24, 2007
7. Portable Dynamic Message Display Project Continued
B. Appropriation of Funds Continued
PLAYS PROJECT ($346,000.00). This resolution appropriated $346,000.00 of revenue from the Virginia Department of Transportation (VDOT) for the City’s Portable Dynamic Message Displays Project. This project was funded with a share of federal monies from the RSTP allocations, and matching State Urban Allocation Funds. There was no anticipated direct City cost for the project; however, the City would be responsible for front funding and administering it.
(No Speakers)
Councilman Haskins moved adoption of the above resolution; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
8. Hilton Elementary School Sanitary Sewer Project
A. Appropriation of Funds
A RESOLUTION APPROPRIATING FUNDS FROM FY 2006 VIRGINIA REVOLVING LOAN FUND ($376,000.00) TO HILTON ELEMENTARY SCHOOL SANITARY SEWER ($376,000.00). This resolution appropriated $376,000.00 of proceeds from the City’s Fiscal Year 2006 Virginia Revolving Loan Fund for construction of the Hilton Elementary School Sanitary Sewer Project. Funding for this project was included in the proceeds of the City’s Fiscal Year 2006 loan from the Virginia Revolving Loan Fund program. This particular project was a continuation of efforts to rehabilitate or replace critical sanitary sewers within the Hilton Village area. These projects involved the replacement and relocation of deteriorated sanitary sewer pipes located under the elementary school building which would be accomplished after the school closed for summer vacation.
(No Speakers)
Councilman Haskins moved adoption of the above resolution; seconded by Vice Mayor Allen.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
B. Award of Bid
Councilman Haskins moved to award the bid for construction of the
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Minutes of Regular Meeting
April 24, 2007
8. Hilton Elementary School Sanitary Sewer Project Continued
B. Award of Bid Continued
Hilton Elementary School Sanitary Sewer Project to the low bidder, Tidewater Utility Construction, Inc., in the amount of $348,667.65; seconded by Councilman Whitaker. This company had performed well on numerous other City sanitary sewer projects and was recommended for this project by the City’s Department of Engineering.
(No Speakers)
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
9. HRSD Facility Adjustment Agreement – Hilton Elementary School Sanitary Sewer Project
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AGREEMENT FOR CONSTRUCTION AND RELOCATION OF WARWICK COUNTY TRUCK SEWER DIVISION “B” 6-INCH FORCE MAIN BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND HAMPTON ROADS SANITATION DISTRICT DATED THE 24TH DAY OF APRIL, 2007, WITHIN AN EASEMENT ON HILTON ELEMENTARY SCHOOL PROPERTY. This resolution authorized the execution of an agreement with Hampton Roads Sanitation District for the adjustment of its facilities that were in conflict with the Hilton Elementary School Sanitary Sewer Project. To accomplish the new sewer construction replacement project located on the school site, it was necessary to offset an existing HRSD sewage force main. This offset work would be accomplished as part of the City’s project for this site. This agreement facilitated the offset work.
(No Speakers)
Councilman Bateman moved adoption of the above resolution; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
10. Extension of Conditional Use Permit CU-04-140, New Tabernacle of God Holiness Church and Calvin F. Sykes, Jr. and Heddy B. Sykes
AN ORDINANCE TO AMEND ORDINANCE NO. 6237-06 AND THEREBY GRANT A TWELVE MONTH EXTENSION OF CONDITIONAL USE PERMIT CU-04-150, FOR REAL ESTATE LOCATED AT 2414 PARISH AVENUE AND 1411 24Th STREET. This
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Minutes of Regular Meeting
April 24, 2007
10. Extension of Conditional Use Permit CU-04-140, New Tabernacle of God Holiness Church and Calvin F. Sykes, Jr. and Heddy B. Sykes Continued
ordinance granted a twelve (12) month extension for conditional use permit CU-04-150. This conditional use permit was granted in May 2006 to allow the operation of a day school with a child care center in a church located at 2414 Parish Avenue and 1411 24th Street. The City’s Zoning Ordinance allowed an applicant to request an extension of up to twenty-four (24) months from City Council.
(No Speakers)
Councilman Whitaker moved adoption of the above ordinance; seconded by Councilman Bateman.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
11. Appropriation – Additional Fiscal Year 2007 State Aid for Library Books
A RESOLUTION APPROPRIATING FUNDS FROM LIBRARY BOOKS – STATE AID ($131.00) TO LIBRARY – STATE AID REVENUE FROM THE COMMONWEALTH ($131.00). This resolution appropriated $131.00 of additional State aid for the purchase of library books. The City was notified that it would receive this amount above what was originally budgeted by the City as State Aid to Libraries for book purchases. The original appropriation for Library Aid was $223,380.00. No local funds was required to match these additional monies from the State.
(No Speakers)
Councilman Haskins moved adoption of the above ordinance; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Scott, Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
13. New Business and Councilmember Comments
Councilwoman Scott extended appreciation to the Newport News Police Department, particularly Assistant Chief T. E. Bennett, Assistant Chief Dawn Barber, Captain Trent Sturgis, Lieutenant Carl Morgan, and Officer Marcel Ngobeh, for their participation at the April 23, 2007 North District Town Hall Meeting.
Councilwoman Scott further expressed appreciation to City officials for their support during her participation at the April 19, 2007 Child Advocacy Celebrity Luncheon. She raised approximately $222.00.
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Minutes of Regular Meeting
April 24, 2007
13. New Business and Councilmember Comments Continued
Vice Mayor Allen recognized Mr. Victor Albea, newly Council-appointed member of the Newport News Planning Commission, and thanked him for his valuable service to the community, particularly to the Newsome House Museum & Cultural Center, Inc. Board of Directors.
Vice Mayor Allen noted the earlier moment of silence for the victims of the Virginia Tech tragedy and also felt that prayers should be extended to the family of the gunman, Cho Seung-hui, who experienced grief and loss as a result of the incident. He stated as a community of faithful, regardless of faith, should be inclusive of all people who need our prayers.
Councilman Bateman thanked the citizens who spoke during the budget hearing. City Council was appreciative of their involvement in City government.
Councilman Bateman announced and encouraged citizen participation in the March of Dimes walkathon, “Walk America,” scheduled for April 29, 2007 at City Center. He stated “Walk America” was designed to bring attention to and to ensure that the infant mortality rate was decreased.
Councilwoman McMillan commented favorably on the April 19, 2007 RSVP luncheon, where they provided service and entertainment.
Councilwoman McMillan congratulated Menchville High School students for completion of their Hilton Village project, including establishment of a web site for Hilton Village. She further congratulated Denbigh High School students for achieving the 2007 College Boards Inspirational Awards.
Councilwoman McMillan thanked Mayor Frank for his earlier comments about Virginia Teach. She stated that while we pray for all families involved in the tragedy, we also pray that peace and joy would return to the students on campus.
Mayor Frank reminded citizens of the upcoming budget hearing scheduled for Thursday, April 26, 2007, 7:30 p.m. at Mary Passage Middle School, 400 Atkinson Way. He further announced a special Council Budget Work Session on Tuesday, May 1, 2007 at 3:00 p.m. He stated it was Council’s intent to adopt both the City’s and NNPS FY 2008 Operating budgets at the Regular Meeting of City Council on Tuesday, May 8, 2007 at 7:30 p.m.
THERE BEING NO FURTHER BUSINESS,
ON MOTION, COUNCIL ADJOURNED AT 11:23 P.M.
Mabel V. Washington, CMC Joe S. Frank
City Clerk Mayor
Presiding Officer
