OF THE NEWPORT NEWS CITY COUNCIL

2400 WASHINGTON AVENUE

7:30 P.M.

 

PRESENT: William F. Haskins; Madeline McMillan; Sharon P. Scott; Joseph C. Whitaker; Charles C. Allen; Herbert H. Bateman, Jr.; and Joe S. Frank------------------------7

1. The invocation was rendered by Reverend Sonja Flye-Oliver, Warwick Memorial United Methodist Church.

3. Public Hearings

(a) Change of Zoning CZ-07-240, Michael Guida, John Guida, Frank Guida, Mathilda Guida, Laura Woodbridge

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 OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10^TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF THE SAID ORDINANCE NO. 5028-97. He advised this changed the zoning of a 0.31 acre parcel located at 3 Woodhaven Road, from C1 Retail Commercial to R2 Single-Family Dwelling. The Planning Commission voted 9:0 to recommend to City Council the approval of this rezoning application, and the City Manager concurred with that recommendation.

(No Speakers)

Mr. Michael Guida, Applicant, 907 Drivers Lane, Newport News, shared that his family had owned the property for approximately 50 years, and the property had been for sale for approximately 20 years. He indicated there had been interest due to the size of the three lots, even though the family was only considering one. Mr. Guida advised it was the middle lot at 3 Woodhaven Road that the family desired be rezoned from Commercial to Residential. The Green Foundation, who did express an interest and made an offer, was approached to acquire the front piece of property. This offer was contingent upon the lot at 3 Woodhaven Road being rezoned, which would allow the family to build houses on the remaining lots. Mr. Guida indicated that some residents had expressed concern about increased traffic and safety, and were against putting commercial items on the property. He stated that moving forward with the residential application would be of benefit to the residents, the City, and the family. He urged City Council to approve the ordinance to rezone the 0.31 acre parcel at Woodhaven Road from C1 Retail Commercial to R2 Single Family Dwelling.

Councilman Haskins moved closure of the public hearing; seconded by Councilwoman McMillan.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilwoman Scott moved adoption of the above ordinance; seconded by Councilwoman McMillan.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilwoman McMillan requested that the City Manager monitor when the Newport News Green Foundation obtained the property and advise accordingly, so that the property could be cleared out. She stated this was an area that had been problematic and the underbrush should be cleared out as soon as possible. City Manager, Randy Hildebrandt, agreed to monitor the acquisition of the property by the Green Foundation.

(b) Conditional Use Permit CU-07-227, Petitto Properties, L.L.C.

Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-227 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING AN AMUSEMENT ARCADE ON A SITE ZONED C1 RETAIL COMMERCIAL DISTRICT. He advised this granted a conditional use permit for the operation of a computer game arcade facility on a 2.05 acre parcel, zoned C1 Retail Commercial, located in Suite F at 711 Brick Kiln Boulevard. The Planning Commission voted 8:1 to recommend to City Council the approval of this conditional use permit application, and the City Manager concurred with that recommendation.

(No Speakers)

Mr. Kevin Hall, Applicant, 31 Green Terrace Way, WestMilford, New Jersey, was available for questions.

Mr. Billie M. Millner, Jones, Blechman, Woltz and Kelly, Attorney for the applicant, was available for questions.

Councilwoman McMillan moved closure of the public hearing; seconded by Councilman Haskins.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilman Whitaker moved adoption of the above ordinance; seconded by Councilman Haskins.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

(c) Conditional Use Permit CU-07-228, Petittto Properties, L.L.C.

Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-228 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING AN AMUSEMENT ARCADE ON A SITE ZONED C1 RETAIL COMMERCIAL DISTRICT. He advised this granted a conditional use permit for the operation of a laser tag facility on a 2.05 acre parcel, zoned C1 Retail Commercial located in Suites A, B, and C at 711 Brick Kiln Boulevard. 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 that recommendation.

(No Speakers)

Mr. Billie M. Millner, Jones, Blechman, Woltz and Kelly, Attorney for the applicant, was available for questions.

Mr. Paul Arient, Applicant, 311 Wormley Creek Drive, Yorktown, was available for questions.

Mr. Sandy Petitto, Applicant, was available for questions.

Councilman Haskins moved closure of the public hearing; seconded by Councilwoman Scott.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilman Haskins moved adoption of the above ordinance; seconded by Councilman Whitaker.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

1. Appropriation of Funds

Mayor Frank presented A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 BONDS AUTHORIZED AND ISSUED – PARKS AND RECREATION ($500,000.00) TO NORTH DISTRICT RECREATION CENTER PROPERTY ACQUISITION ($500,000.00). He advised this appropriated $500,000.00 from Fiscal Year 2007 Bonds Authorized and Issued, for the acquisition of two additional properties located at 5212 and 5214 Denbigh Park Drive for the North District Recreation Center. Funding for the acquisition of properties for this facility was programmed in the City’s Capital Improvements Plan. Acquisition of these two additional parcels provided the optimum parcel configuration for site assembly for the proposed northern recreational facility.

(No Speakers)

Councilman Haskins moved closure of the public hearing; seconded by Councilwoman McMillan.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilwoman McMillan moved adoption of the above resolution; seconded by Councilwoman Scott.

Councilman Haskins advised there was a recreation center in the North District, several in the South District, but nothing in the Central District in terms of recreation for the children.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

2. Authorization to Acquire

Mayor Frank presented AN ORDINANCE AUTHORIZING THE  CITY MANAGER TO MAKE OFFERS TO PURCHASE CERTAIN REAL PROPERTIES HEREINAFTER MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN THE CITY OF NEWPORT NEWS, VIRGINIA, FOR PUBLIC PARK, RECREATION CENTER USES, TO PROVIDE FUNDS FOR THESE PURPOSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ALL DOCUMENTS NECESSARY TO EFFECT THE PURCHASE AUTHORIZED HEREIN. He advised this authorized the acquisition, including condemnation, if necessary, of properties located at 5212 and 5214 Denbigh Park Drive, for the NorthDistrictRecreationCenter. Parcel 01, located at 5212 Denbigh Park Drive, consisted of 0.90 acres, with a market value of $175,000.00. Parcel 02, located at 5214 Denbigh Park Drive, consisted of 0.43 acres and had a market value of $100,000.00. It was anticipated that voluntary sales for these properties would take place, but condemnation was also being requested, in the event it was necessary to complete the land assembly component of this project.

(No Speakers)

Councilman Haskins moved closure of the public hearing; seconded by Councilwoman McMillan.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilwoman McMillan moved adoption of the above ordinance; seconded by Councilman Haskins.

Councilwoman Scott inquired whether anyone had indicated that they would not sell their property to the City. She stated the City would like these properties to make the project work, but they were not needed. City Manager Hildebrandt responded it was his belief these properties would voluntarily be acquired, but until an offer was made and the City was in the negotiation phase, there was no certainty. Councilwoman Scott questioned the allocation of funds prior to making an offer for the properties. City Manager Hildebrandt responded, by State Law, the offer for the property must be authorized, and an amount identified. Council could either adopt the authorization for condemnation now or later, but it was typically included in the original offer to avoid a separate action by City Council. Mr. Hildebrandt stated it was his belief, based on the information, the City expected to be able to acquire the properties voluntarily.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

4.         Consent Agenda

Councilwoman Scott moved adoption of the Consent Agenda, Items D through G, both inclusive, as shown below; seconded by Councilwoman McMillan.

(d) Incorporation of Recent State Code Changes into City Code

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE VII., ABANDONED VEHICLES, SECTION 26-196, DEFINITIONS; SECTION 26-198, NOTICE OF REMOVAL; AND SECTION 26-200, VEHICLES ABANDONED IN GARAGES. 

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35, SOIL REMOVAL AND OTHER LAND-DISTURBING ACTIVITIES, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE 1., IN GENERAL, SECTION 35-8, SAME PENALTY; INJUNCTIVE RELIEF.

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., REAL ESTATE TAXES, DIVISION 3., EXEMPTIONS OR DEFERRAL FOR ELDERLY AND DISABLED PERSONS, SECTION 40-46, DEFINITIONS.

These ordinances incorporated State Code changes into the City Code that pertained to the reclamation of a towed vehicle; identification of the Civil Penalty for land-disturbing violations; and, identification of the taxable year for tax relief for owners of mobile homes. These changes were made by the General Assembly, and these ordinances brought the City Code into conformity with State law.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

(e) Assignment of Lease for Parcel 8A in the SeafoodIndustrial Park to Davis Boat Works, Inc.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING AN ASSIGNMENT OF PARCEL 8A, NEWPORT NEWS SEAFOOD INDUSTRIAL PARK FROM VENTURE DYNAMICS CORPORATION TO DAVIS BOAT WORKS, INC. This ordinance approved the assignment of Parcel 8A in the SeafoodIndustrial Park from Venture Dynamics Corporation to Davis Boat Works, Inc. This SeafoodIndustrial Park parcel contained approximately 132,020 square feet, and was assigned to Venture Dynamics Corporation in 2000. Davis Boat Works, Inc. was one of the largest employers in the SeafoodIndustrial Park.

(e)                Assignment of Lease for Parcel 8A in the SeafoodIndustrial Park to Davis Boat Works, Inc. Continued

(No Speakers)

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

(f) Memorandum of Understanding for the Acceptance of Fire Suppressions Equipment from the State of Virginia

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY OF NEWPORT NEWS ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE AND IMPLEMENT A MEMORANDUM OF UNDERSTANDING BETWEEN THE VIRGINIA DEPARTMENT OF FIRE PROGRAMS AND THE CITY OF NEWPORT NEWS, VIRGINIA, FOR THE USE AND STORAGE OF A 500 GALLON FOAM TRAILER. This resolution approved the execution of documents necessary to implement a Memorandum of Understanding between the City and the State of Virginia for the storage, maintenance, and use by the City of a fire suppression foam trailer. The City and six other localities located strategically throughout the State had been selected to receive 500-gallon foam trailers that could be used for local and mutual aid training, as well as local and mutual aid response. These trailers were purchased by the Virginia Department of Fire Programs with federal funds from a Homeland Security Grant. The Memorandum of Understanding was an agreement that defined the responsibilities of the State in providing this equipment, training, and its use as necessary. This unit would be housed in Fire Station 5 in Lee Hall.

(No Speakers)

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

(g) Herbert H. Neisser Bequest – Hilton Public Library

AN ORDINANCE REAFFIRMING THE DISTRIBUTIONS FROM THE HERBERT H. NEISSER TRUST WOULD BE DEPOSITED INTO A SEPARATE AND RESTRICTED CITY ACCOUNT AND ONLY APPROPRIATED BY CITY COUNCIL FOR THE SOLE USE AND BENEFIT OF THE HILTON PUBLIC LIBRARY. In 2005, City Council formally acknowledged and accepted this bequest, and at the time, the bulk of that bequest had been received by the City. This ordinance provided that these funds, and the interest income derived from them, would be held in an account restricted for the sole use and benefit of the Main Street Library, as conditioned by the bequest. The ordinance also confirmed the City’s acknowledgement of the “Guidelines for the Use of Neisser Bequest,” which had been approved by the Library Board.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilwoman McMillan moved adoption of the Consent Items A, B, C, and H, both inclusive; seconded by Councilwoman Scott.

(a) Minutes of Work Session of June 26, 2007

Vote on Roll Call:

Nays: None

Abstention: Haskins (Absent from the June 26, 2007 Work Session)

(b) Minutes of Special Meeting of June 26, 2007

Vote on Roll Call:

Nays: None

Abstention:   Haskins (Absent from the June 26, 2007 Special Meeting)

(c) Minutes of Regular Meeting of June 26, 2007

Vote on Roll Call:

Nays: None

(h) Minutes of Special Meeting of June 26, 2007

Vote on Roll Call:

Nays: None

Abstention:   Haskins (Absent from the June 26, 2007 Special Meeting)

5. CSX Transportation Agreement for Relocation of the Lee Hall Depot

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 CONSTRUCTION AGREEMENT BY AND BETWEEN CSX TRANSPORATION, INC. AND THE CITY OF NEWPORT NEWS, VIRGI-

Page 9

Minutes of Regular Meeting

5.             CSX Transportation Agreement for Relocation of the Lee Hall Depot Continued

NIA, DATED THE 30^TH DAY OF MAY, 2007, FOR THE LEE HALL TRAIN DEPOT RELOCATION. This resolution authorized the execution of a construction agreement with CSX Transportation regarding the relocation of the Lee Hall Depot. The Depot was being donated to the City by CSX, and the City would reimburse CSX for its associated project costs, as outlined in this agreement. These costs included providing temporary timber crossing, temporarily removing and reinstalling crossing signals, flagging services, and construction monitoring. These costs were estimated to be $155,945.00, and funding was available from existing appropriations for the project. It was anticipated that the building’s foundation and site work would begin in the fall 2007.

(No Speakers)

Councilwoman McMillan moved adoption of the above resolution; seconded by Councilman Bateman.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 BONDS AUTHORIZED AND ISSUED – STREETS AND BRIDGES ($370,582.00) TO JEFFERSON AVENUE FROM BUCHANAN DRIVE TO GREEN GROVE LANE. This resolution appropriated $370,582.00 from Fiscal Year 2007 Bonds Authorized and Issued, as the City’s share of a Virginia Department of Transportation (VDOT) Project to widen Jefferson Avenue from Buchanan Drive to Green Grove Lane. Funding for the City’s match for this project was in the City’s current Capital Improvements Plan. The City requested this project from VDOT to widen this section of Jefferson Avenue in 1995. Subsequently in 1998, the City approved the major design features of this project.

(No Speakers)

Councilwoman Scott moved adoption of the above resolution; seconded by Councilman Haskins.

Councilwoman McMillan indicated that this particular route would take in the intersection of Richneck Road and Jefferson Avenue. Not knowing the timeline for this work, she asked the City Manager to coordinate the work on Richneck Road with VDOT to ensure that everything was compatible. City Manager Hildebrandt replied that he would ensure that the coordination occurred. He further stated this particular project provided important drainage improvements to the area and should make improvements in the flooding issues the City had previously faced.

Page 10

Minutes of Regular Meeting

A.           Appropriation of Funds Continued

Mayor Frank noted that this project was first requested by the City in 1995, yet VDOT was just getting to the point of moving the project forward. He advised this was an indication of how long it took to plan and implement highway projects in the Commonwealth.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

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 PROJECT CONSTRUCTION, OPERATION, AND MAINTENANCE BY AND BETWEEN THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 10^TH DAY OF JULY, 2007, FOR THE ROUTE 143 – JEFFERSON AVENUE WIDENING PROJECT. This resolution authorized the execution of the customary agreement with the Virginia Department of Transportation (VDOT) for the construction of the Buchanan Drive to Green Grove Lane portion, of the Jefferson Avenue widening project. This project was included in a series of projects at 40^th Street to widen Jefferson Avenue to a six-lane divided highway. VDOT originally advertised this project eighteen months ago, but rejected the bids and re-advertised the project. A favorable low bid was received and VDOT was ready to proceed with construction.

(No Speakers)

Councilman Bateman moved adoption of the above resolution; seconded by Councilman Haskins.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

7. Jefferson Avenue/Thimble Shoals Intersection Improvement Project

A. Appropriation of Funds

A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 BONDS AUTHORIZED AND ISSUED – STREETS AND BRIDGES ($594,000.00) TO JEFFERSON AVENUE AT THIMBLE SHOALS BOULEVARD ($594,000.00). This resolution appropriated $594,000.00 from Fiscal Year 2007 Bonds Authorized and issued, as the City’s share of a VDOT project, for construction of improvements at the Jefferson Avenue and Thimble Shoals Boulevard intersection.  Funding for the City’s match for this project was programmed in the City’s Capital Improvements Plan. This VDOT project was previously requested by the City, and was subsequently divided into two separate projects that would be constructed and administered as a single project. City Council previously appropriated $496,000.00 for costs already incurred by the City to expedite project-related property acquisitions and utility relocations. VDOT had bid construction and was ready to proceed with construction.

(No Speakers)

Councilwoman McMillan moved adoption of the above resolution; seconded by Councilman Bateman.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

B. City/State Agreement

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 PROJECT CONSTRUCTION, OPERATION, AND MAINTENANCE BY AND BETWEEN THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 10TH DAY OF JULY, 2007, FOR THE JEFFERSON AVENUE AND THIMBLE SHOALS BOULEVARD INTERSECTION IMPROVEMENTS PROJECT. This resolution authorized the execution of an agreement with the Virginia Department of Transportation (VDOT), for the construction of the Jefferson Avenue/Thimble Shoals Intersection Improvement Project. Because of the multiple funding sources used to fund project construction, VDOT divided the project scope into two separate projects that would be constructed and administered as a single project. Upon completion of this VDOT project, Thimble Shoals Boulevard, from Jefferson Avenue to Canon Boulevard, would have been constructed in accordance with the City’s master plan for CityCenter.

(No Speakers)

Councilwoman McMillan moved adoption of the above resolution; seconded by Councilman Bateman.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

A RESOLUTION TO SUPPORT THE INSTALLATION OF ORNAMENTAL TRAFFIC SIGNALS AND STREETLIGHTS ON WARWICK BOULEVARD FROM NUTMEG QUARTER PLACE TO NETTLES DRIVE AT PROJECT COST USING FUNDING FROM THE CITY’S VIRGINIA DEPARTMENT OF TRANSPORTATION URBAN FUNDING ALLOCATION. This resolution supported the installation of ornamental traffic signals and streetlights on Warwick Boulevard. In addition, the resolution committed the City  to pay its customary 2% share of the costs for this lighting. Should adequate funding not be available in VDOT’s Six-Year Improvement Program, the needed funding for the lighting would be taken from surplus monies from the Jefferson Avenue or Middle Ground Boulevard projects.

(No Speakers)

Councilman Bateman moved adoption of the above resolution; seconded by Councilwoman McMillan.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

9. Appropriations

Councilwoman Scott moved adoption of Items A through C, both inclusive, as shown below, seconded by Councilwoman McMillan.

(a) Mobile Data Computers for the Records Management System

A RESOLUTION APPROPRIATING FUNDS FROM GENERAL FUND RESERVES ($1,281,000.00) TO POLICE MDCs FOR RMS SYSTEM ($1,281,000.00). This resolution appropriated $1,281,000.00 from General Fund Reserves to purchase replacement mobile data computers for the Police Department to use in conjunction with the new records management system (RMS). As indicated in January 2007 when the appropriation was approved for the RMS, this was the additional scheduled appropriation needed for the replacement of the mobile units that would be compatible with the RMS. The Mobile Data Computers (MDCs) were utilized by police officers on the street for receiving dispatches, preparing incident reports, making DMV checks, and accessing information available through the RMS. These monies from the General Fund Reserves were specifically earmarked for information technology investments and replacements.

(No Speakers)

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

(b) Fiscal Year 2008 Information Technology Investment Fund

A RESOLUTION APPROPRIATING FUNDS FROM THE FISCAL YEAR 2008 GENERAL FUND OPERATING BUDGET ($1,315,521.00) TO INFORMATION TECHNOLOGY INVESTMENT FUND ($1,315,521.00). This resolution appropriated $1,315,521.00 for the Information Technology Investment Fund for computer hardware replacement. In July 2006, City Council approved the establishment of the Information Technology Investment Fund and the procedures requiring City Council’s approval of IT projects for which the Fund’s monies would be used. Contained in the FY 2008 Approved Operating Budget were monies designated for the Information Technology Investment Funds, which was the recommended source of funding for this appropriation. This appropriation would fund approximately 123 new desktop and/or laptop computers for departments, along with associated software upgrades as necessary. In addition, Fiber Network Cable installation was planned that would connect all fire stations in the City’s fiber network.

(No Speakers)

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

(c) Fiscal Year 2008 Debt Service and Cash Capital Reserve

A RESOLUTION APPROPRIATING FUNDS FROM GENERAL FUND RESERVES ($7,000,000.00) TO GENERAL FUND DEBT SERVICE ($4,000,000.00) AND GENERAL FUND CASH CAPITAL ($$3,000,000.00). This resolution appropriated $7,000,000.00 from General Fund Reserves for Fiscal Year 2008 General Fund Debt Service and Cash Capital. This appropriation was consistent with a provision in the approved operating budget, which was to use $7 million in fund balance reserves to partially offset the combined impact of increased debt service and cash capital spending. The basis for this appropriation was a suggestion by Moody’s Investor Services, as a means to avoid a large fluctuation in pending debt service payments. This appropriation consisted of $4 million for debt service and $3 million for planned cash capital requirements.

(No Speakers)

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilman Bateman asked the City Manager to share an explanation for this action based on suggestions by Moody’s Investment Services. City Manager Hildebrandt reminded, when the capital financing and debt management plan was set up, particularly the funding for the debt service and cash capital for 2008, the City understood the necessity to use some of its reserves in order to buffer the cost of a significant increase in 2008. All but $1 million was being utilized, which would be left to use for that purpose in 2009. City Council agreed.

10. Citizen Comments on Matters Germane to the Business of City Council

Mr. Warren Drew, 25^th Street and Jefferson Avenue, Newport News, representative of the Coalition for Justice, commented regarding the results of the criminal and investigative reports relating to the Police shooting death of Robert L. Harper and the lack of fairness and justice. Mr. Drew advised that the term “justice for all” in the Pledge of Allegiance to the Flag, was not true in the Commonwealth of Virginia. He reiterated that the Coalition for Justice was a peaceful organization that sought justice. Mr. Drew quoted the Bible, and stated the officers and anyone else that was aware of the assassination and did not put a stop to the incident, were equally as guilty, and suggested they repent of their sins and receive God’s mercy. He referenced a similar shooting incident at the hands of the Police in Hampton. Mr. Drew expressed his belief that the Police went to the boarding house at 1211 25^th Street on February 18, 2007 to kill Mr. Harper.

Ms. Shaun Brown, 1218 31^st Street, Newport News, urged Council exercise courage and vote for an independent and external investigation of the Robert Harper shooting. It was her hope that the pursuit of justice for Robert Harper would be a turning point in the Southeast community for the City to come together in unity to address other issues and concerns. A copy of Ms. Brown’s remarks are attached and made a part of these minutes.

Reverend Marcellus L. Harris, Jr., 12720 Patrick Henry Drive, Newport News, representative of the Coalition for Justice, commented that he felt the perplexities of a community that felt lawlessness was the order of the day. He shared his conversations with the youth of the community who felt they could not get a break. Reverend Harris tried to find a similar case where a white police officer had shot a black man or woman and had been indicted or convicted. He found a case in New York. The number of shots was the similarity in the case between this New York indictment and the Robert Harper shooting. Reverend Harris referred to the Bible (book of Isaiah), raising the issue of comforting people. He indicated there were people who were united against the Robert Harper shooting, with the seemingly presence of injustice as the common denominator. The Coalition for Justice would continue to pursue justice.

Mr. Rudy Langford, 232 Gilbert Street, Hampton, commented on the six reports he had on the Harper shooting (two from the Police, one from the City Manager, one from the Commonwealth’s Attorney, one from the Coalition for Justice, and one from the Medical Examiner). Mr. Langford stated the reports were contradictory. He urged City Council to read the investigative reports and draw independent conclusions regarding the same. He stated the Coalition for Justice had been patient. He advised the Coalition had been approached by the people regarding the Harper incident. He commended the City Manager and the City Council for its patience and continued correspondence, but suggested improved conditions were needed in the Southeast community.

Mr. Raymond Dixon, 1123 26^th Street, Newport News, provided background information regarding his efforts to restore and renovate his property at 1123 26^th Street and problems incurred with trying to meet the demands of Codes Compliance. Mr. Dixon advised of the illegal entry, and theft of materials and tools, by individuals after he had obtained an injunction (June 29, 2007) to put a halt to the planned demolition by the City.   Those entering the property advised the neighbors that they had received the bid to demolish the property. Mr. Dixon was told that no contract had been granted.

Mayor Frank requested that the City Manager meet with Mr. Dixon to follow-up on this matter and to assist with completion of the project. The injunction issued allowed him to continue in conjunction with the court order.

Ms. Cary Nunnally, 9 Hilton Terrace, Newport News, representative of RETRO (Real Estate Tax Reduction Organization), expressed support for the family of Robert L. Harper in their pursuit for justice. Ms. Nunnally indicated that citizens were surrounded by the theme of being pushed out of the City, either because of social injustice, or property taxes. She suggested City Council request an independent investigation be conducted on the Harper case, support tax relief for the working and middle-class homeowner, and repeal the Hampton Roads Taxing Authority. Ms. Nunnally asked that Council do the right thing and make sure that all could afford to live in the City of Newport News and that all would be treated with fairness, dignity, and respect.

Mr. Kosage Chavis, 14529 Old Courthouse Way, #8, Newport News, provided personal remarks about the character of his cousin, Mr. Robert L. Harper.    He commented that the investigative reports had numerous major discrepancies, with a heavy attempt to discredit Mr. Harper. He urged all citizens with knowledge or information on the Harper shooting to contact the Commonwealth’s Attorney, Mr. Howard Gwynn. Mr. Chavis advised that the family of Robert Harper would continue its fight for the pursuit of justice in the Robert Harper case.

Mr. John W. Hill, 2906 Mapleton Avenue, Norfolk, commented that the shooting of Robert Harper was racially motivated. Having reviewed case after case, he advised that no white police officer is ever convicted for killing an African American in this country. He expressed a need for fairness and leadership in an effort to seek justice in the Harper case. Recalling the details in the case, Mr. Hill asked City Council to do the right thing, be leaders and make a call, without the matter being swept under the rug. Mr. Hill distributed a copy of a memorandum to the public regarding the same (a copy is attached and made a part of these minutes).

Mr. Sherman Bryant, 1233 16^th Street, Newport News, questioned the police tactics related to the shooting death of Robert L. Harper. He shared that he supported the police financially, but felt compelled to speak on behalf of Mr. Harper, as he could have been the victim.

Mr. Mikel Azeem, 49 Scotland Road, Hampton, representative of the Downtown Newport News Merchants & Neighborhood Association, reminded that the organization had submitted a proposal to Council in January 2007 to beautify the downtown area and to take over the management of the Farmers’ Market. To date, the City had not responded.

Mayor Frank inquired about the status of the proposal. City Manager Hildebrandt responded that the Department of Development had reviewed the proposal. He would follow-up with the Department to bring closure.

Councilwoman McMillan apologized for the lack of response from the City. She replied when she received a copy of the proposal, she assumed it was an informational item and that the organization was working with the City regarding the matter.

Ms. Shirl Barkley, 803 LaSalle Avenue, Hampton, mother of Robert Harper,  rejected the official reports on the shooting death of her son. She questioned its authenticity and indicated that she would not accept comments and results of the reports. She advised that she would continue in the pursuit for justice and fairness. Ms. Barkley commented that anyone who stood behind the actions of Officer Matthew Overton, was equally guilty.

Mr. Prince Lynch, 1419 24th Street, Newport News, uncle of Robert Harper, questioned the reports on the details of the shooting death of Robert L. Harper. Mr. Lynch was of the opinion that Police Officer Overton be charged. He stated that when a person does wrong, they must face consequences.

Mr. Gregory Cherry, 617 27^th Street, Newport News, Chairman of the Downtown Newport News Merchants & Neighborhood Association, requested the City’s assistance with the landscaping of Jefferson Avenue in the Southeast community as espoused by the Merchants and Neighborhood Association. He indicated the Association was ready to move on to small business development, and was willing to partner with the City and provide assistance with the rehabilitation of the Messic Hardware building and streetscape projects, as well as keeping historic preservation alive.

Councilman Haskins presented A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CHIEF DEPUTY CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT

CERTAIN ADDENDUM NO. 3 DATED THE 1^ST DAY OF JULY, 2007, TO THE AGREEMENT BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND MABEL V. WASHINGTON, CITY CLERK. This resolution was an addendum to the City Clerk’s Employment Contract with the City of Newport News. Mayor Frank advised that Council had conducted a performance evaluation on the City Clerk, and as a result would grant a salary increase to $74,550.00.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilman Haskins presented A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN ADDENDUM NO. 1 DATED THE 1^ST DAY OF JULY, 2007, TO THE AGREEMENT BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND RANDY W. HILDEBRANDT, CITY MANAGER. This resolution was an addendum to the City Manager’s Employment Contract with the City of Newport News. Mayor Frank advised that Council had conducted a performance evaluation on the City Manager, and as a result, would grant a salary increase to $189,000.00.

Councilman Haskins moved adoption of the above resolution; seconded by Councilman Bateman.

Vote on Roll Call:

Ayes: Haskins, McMillan, Scott, Whitaker, Allen, Bateman, Frank

Nays: None

Councilwoman Scott announced that the next North District Town Hall Meeting  would be held in the South District and was scheduled for Saturday, July 21, 2007, 10:00 a.m. – 2:00 p.m. at the new Police Headquarters, located at 9710 Jefferson Avenue.

THERE BEING NO FURTHER BUSINESS,

ON MOTION, COUNCIL ADJOURNED AT 8:58 P.M.

Mabel V. Washington, CMC                                          Joe S. Frank

            City Clerk                                                              Mayor

                                                                                  Presiding Officer