OF THE NEWPORT NEWS CITY COUNCIL

2400 WASHINGTON AVENUE

7:30 P.M.

 

PRESENT:       Joe S. Frank; William F. Haskins; Madeline McMillan; Sharon P. Scott; Joseph C. Whitaker; and Charles C. Allen --6

ABSENT:         Herbert H. Bateman, Jr.--1

1.                   The invocation was rendered by Reverend David Cook, Christ United Methodist Church.

2.                   The Pledge of Allegiance to the Flag of the United States of America was led by Councilman William F. Haskins.

                        MOTION MADE BY COUNCILMAN HASKINS; SECONDED BY COUNCILWOMAN SCOTT; AND CARRIED UNANIMOUSLY TO EXCUSE COUNCILMAN BATEMAN FROM THIS MEETING.

            3.         Public Hearings

(a)                Harwood’s Mill Manganese Filter Project - Centrate Pipeline

1.         Appropriation of Funds

Mayor Frank presented A RESOLUTION APPROPRIATING FUNDS FROM WATERWORKS CIP PROJECT APPROPRIATION BALANCE AVAILABLE ($179,900.00) TO HARWOOD’S MILL WATER TREATMENT PLANT CENTRATE PIPELINE PROJECT ($179,900.00).  This appropriated $179,900 from Waterworks CIP Projects balance for the acquisition of easements and installation of a pipeline for the Harwood’s Mill Manganese Filter Project. This project involved the purchase of pressure filters, which would remove manganese from residual recycle flow. It was a 1,700 foot portion of pipeline that crossed two easements, one owned by Foxwood Association, Inc., the other by Kiln Creek Country Club, LLC. Future phases of this project require a subsequent appropriation for actual construction of the Manganese Filter Facilities.

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

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

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3.         Public Hearings Continued

(a)        Harwood’s Mill Manganese Filter Project - Centrate Pipeline Continued

1.         Appropriation of Funds Continued

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

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

2.         Authorization to Acquire Easements

                                    Mayor Frank presented AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF INTERESTS IN CERTAIN REAL PROPERTIES HEREINAFTER MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN YORK COUNTY, VIRGINIA, TO IMPLEMENT THE HARWOOD’S MILL MANGANESE FILTER PROJECT, AND PROVIDE FUNDS FOR THESE PURPOSES. He advised this authorized the acquisition of two easements for construction of the Harwood’s Mill Manganese Filter Project. Easement one contained 3,719 square feet, owned by Kiln Creek Country Club, LLC; the second easement contained 6.749 square feet, owned by Foxwood Association, Inc.

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

                                    Vote on Roll Call:

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

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

(b)        Grant of Utility Easement – 1001 Old Denbigh Boulevard

Mayor Frank presented 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 DEED OF

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3.         Public Hearings Continued

(b)        Grant of Utility Easement – 1001 Old Denbigh Boulevard

EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA , AND VIRGINIA ELECTRIC AND POWER COMPANY, D/B/A DOMINION VIRGINIA POWER DATED THE 12^TH DAY OF JUNE, 2007, FOR A VARIABLE WIDTH UTILITY EASEMENT LOCATED AT 1001 OLD DENBIGH BOULEVARD.   He advised this authorized the execution of a Deed granting a utility easement over city-owned property at 1001 Old Denbigh Boulevard to Dominion Virginia Power. He advised Council received a bid at its regular meeting of May 22, 2007. This grant of utility easement was advertised pursuant to State Code requirements pertaining to such transactions that was for a term of greater than five years. The easements involved approximately 4,883 square feet and needed for transmission and distribution of electric power to 1001 Old Denbigh Boulevard.

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

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

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

(c)        Withdrawal from the Peninsula Stadium Authority

Mayor Frank presented A RESOLUTION AUTHORIZING THE CITY OF NEWPORT NEWS, VIRGINIA TO WITHDRAW FROM THE PENINSULA STADIUM AUTHORITY EFFECTIVE JULY 1, 2007, WITH THE AUTHORITY CONTINUING TO OPERATE THEREAFTER WITH THE CITY OF HAMPTON, VIRGINIA AS ITS MEMBER AND PURSUANT TO THE PUBLIC RECREATIONAL FACILITIES AUTHORITIES ACT. He advised this would withdraw the City’s membership and interest in the Peninsula Stadium Authority. In compliance with a condition for the City’s withdrawal from the Authority, the Chairman of the Authority certified the City of Newport News had no outstanding financial obligation to the Peninsula Stadium Authority. In anticipation of the City’s withdrawal of its membership from the Authority, the City’s approved Fiscal Year 2008 Operating Budget did not include the annual contribution for the Stadium’s operation. The City of Hampton held a similar

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June 12, 2007

3.         Public Hearings Continued

(c)        Withdrawal from the Peninsula Stadium Authority

public hearing and approved the City of Newport News withdrawal and Hampton’s continual operation of the facility.

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

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

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

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

Mayor Frank presented AN ORDINANCE GRANTING A FRANCHISE TO VERIZON VIRGINIA INC. TO CONSTRUCT AND OPERATE A CABLE SYSTEM IN THE CITY OF NEWPORT NEWS, VIRGINIA; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; PRESCRIBING PENALTIES FOR VIOLATION OF THE PROVISIONS HEREIN; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY OF NEWPORT NEWS THE VERIZON VIRGINIA INC. FRANCHISE. He advised this authorized the execution of the Verizon Virginia, Inc. franchise that granted authority for the company to occupy the City’s public rights-of-way to provide cable television services in the City of Newport News. The proposed franchise had a term of fifteen (15) years retroactive to April 18, 2007, which was the date Verizon began offering cable television service in the City. The provisions of the proposed franchise reflected the requirements contained in the recently approved Virginia Cable Law.

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

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June 12, 2007

            3.         Public Hearings Continued

(d)                    Verizon Cable Television Services Franchise Continued

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

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

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

(e)        Adjustment of Boundaries in Election District One, Involving the Greenwood, McIntosh, and Richneck Precincts

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 15-10, RICHNECK VOTING PRECINCT BOUNDARIES; SECTION 15-12, McINTOSH VOTING PRECINCT BOUNDARIES; AND SECTION 15-12.1, GREENWOOD VOTING PRECINCT BOUNDARIES. He advised this expanded the boundaries for the Greenwood, McIntoch, and Richneck Voting Precincts, and the removal of certain territory from the Greenwood precinct. The precinct boundary changes resulted from the recent action to annex land from York County, as well as the removal and transfer to York County of 87+ acres at the Yorktown Naval Weapons Station from the Greenwood Precinct. Subsequent to City Council’s approval, these changes were submitted, as required, to the U.S. Department of Justice for approval.

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

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

                        Councilwoman Scott understood the City of Newport News gained citizens from York County, but inquired whether Newport News would lose any citizens to York County.  City Manager Hildebrandt replied there were no citizens residing in the area being conveyed to York County.

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June 12, 2007

3.         Public Hearings Continued

(e)        Adjustment of Boundaries in Election District One, Involving the Greenwood, McIntosh, and Richneck Precincts Continued

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

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

(f)        Lease of East End Health Facility to Peninsula Institute for Community Health

Mayor Frank presented 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 LEASE BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA AND THE PENINSULA INSTITUTE FOR COMMUNITY HALTH, INC., FOR THE IMPROVED REAL PROPERTY IDENTIFIED AS 1033 28^TH STREET, NEWPORT NEWS, VIRGINIA. He advised this authorized the execution of a lease with the Peninsula Institute for Community Health for the East End Health Facility. The Peninsula Institute for Community Health (PICH), a not-for-profit healthcare provider, provided comprehensive primary healthcare services to the underserved residents of the southeast community of Newport News, the Peninsula, and the City of Suffolk. The East End Health Facility is City-owned and located at 1033 28^th Street. Peninsula Institute for Community Health leased space on the first floor, and intended to expand its services to improve access to its services and address concerns identified in the Health Needs Assessment Report prepared by the Peninsula Health District. The lease included a provision for the continued sublease of space in the facility to the State Department of Health.

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

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

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June 12, 2007

4.         Consent Agenda

Councilman Whitaker moved adoption of the Consent Agenda, Items A through,  both inclusive, as shown below; seconded by Councilwoman Scott.

(a)        Minutes of Work Session of May 22, 2007

(b)        Minutes of Special Meeting of May 22, 2007

(c)        Minutes of Regular Meeting of May 22, 2007

(d)        City Code Amendment – Assessment for Courthouse Security

            AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, SECTION 2-18.1, ASSESSMENT OF ADDITIONAL COURT COSTS IN CRIMINAL AND TRAFFIC CASES FOR COURTHOUSE AND COURTROOM SECURITY. This ordinance amended the City Code relative to the court assessment for courthouse security to increase the fee for consistency with a recent State Code change. The General Assembly approved this change effective July 1, 2007, which increased the maximum amount a local governing body may assess against a defendant as part of court costs to fund courthouse security. The fee increased from $5.00 to $10.00 per case. The increase in revenue was included in the approved Fiscal Year 2008 Operating Budget.

            (No Speakers)

(e)        Extension of Conditional Use Permit CU-06-196, David L. Feuer

            AN ORDINANCE TO AMEND ORDINANCE NO. 6262-06 AND THEREBY GRANT A TWELVE MONTH EXTENSION OF CONDITIONAL USE PERMIT CU-06-196. This extended the conditional use permit CU-06-196, for an additional twelve (12)

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June 12, 2007

4.         Consent Agenda Continued

(e)        Extension of Conditional Use Permit CU-06-196, David L. Feuer

months. City Code provisions allowed City Council to approve extensions of conditional use permits for periods up to twenty-four (24) months. In this particular instance, the applicant requested a twelve (12) month extension.

            (No Speakers)

(f)                    Correction of Schedule for Water System Development Fees

            AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 42, WATER SUPPLY, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., WATER RATES AND FEES, SECTION 42-33, RATES AND FEES. This amended an approved ordinance from January 24, 2006 which increased Waterworks System Development Fees, but omitted the increases applicable for each water meter size. The January 24, 2006, approved ordinance increased the Water System Development Fee by 8% annually over ten years. The increases were based on a meter’s capacity to withdraw water from the distribution system. The System Development Fees were not changed in that approved ordinance to reflect the annual 8% increase for each meter size.

            (No Speakers)

(g)        EMS Changes and Collection Fees

            AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 16, FIRE PREVENTION AND PROTECTION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE VI., AMBULANCE TRANSPORT FEES, SECTION 16-60, IMPOSITION OF FEES; AND ARTICLE I., IN GENERAL, BY REPEALING SECTION 6-4, EMERGENCY MEDICAL SERVICE CHARGE AND COLLECTION FEE. This amended the City Code relative to Emergency Medical Services authorizing the imposition of a $35.00 collection fee for administrative costs. The estimated revenue from this new collection fee was reflected in the City’s approved Fiscal Year 2008 Operation Budget.

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4.         Consent Agenda Continued

(g)        EMS Changes and Collection Fees Continued

(h)        Adoption of Future State Motor Vehicle and Traffic Laws by Reference

            AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, SECTION 26-8, ADOPTION OF STATE LAW. This amended the City Code to clarify future State Motor Vehicles and Traffic Laws were incorporated in the City Code by reference. Section 26-8 of the City Code incorporated by reference the provisions of Title 46.2 of the Code of Virginia pertaining to motor vehicles. The City’s General District Courts expressed concern about the clarity of this section of the City Code and its applicability to future State Code Amendments. 

            (No Speakers)

5.         Hampton Roads Regional Sanitary Sewer Infrastructure Consent Order

A RESOLUTION APPROVING REGIONAL SANITARY SEWER PACKAGE. This resolution approved the City as a signatory to a Consent Order of the State Water Control Board, the associated Memorandum of Agreement, and authorized the submission of the Regional Consent Order package to the Virginia Department of Environmental Quality pertaining to the planning and upgrading of the Hampton Roads Regional Sanitary Sewer Infrastructure. The Hampton Roads Sanitation District and all Hampton Roads localities worked together, through the Hampton Roads Planning District Commission, to develop this regional approach to providing reliable sanitary sewer system infrastructure. With the State Consent Order, the City and the other signatories, would have a relatively certain and achievable plan for handling sanitary sewer overflows, and there was less chance of harsh federal penalties and extensive delays that may otherwise be imposed. 

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

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5.         Hampton Roads Regional Sanitary Sewer Infrastructure Consent Order Continued

6.         Professional Engineering Services Agreement for a Sanitary Sewer Capacity, Management, Operations and Maintenance Risk Assessment Study

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 PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND GREELEY AND HANSEN, LLC, DATED THE 12^TH DAY OF JUNE, 2007, FOR THE CAPACITY, MANAGEMENT, OPERATIONS, AND MAINTENCANCE (CMOM) RISK ASSESSMENT STUDY.  City Manager Hildebrandt advised this authorized the execution of a professional engineering services agreement with the firm of Greeley & Hansen, LLC for a risk assessment study of the City’s sanitary sewer system operation and maintenance. The objective of this study was the mitigation and elimination of sanitary sewer system overflows within the City’s sanitary sewer system through the application of a management program. The management program was modeled from the United States Environmental Protection Agency’s standards. The study concluded with recommendations for changes in practices, policies and procedures to bring them into conformance with the CMOM general standards. The study cost $72,000.00 and was paid from monies appropriated in the Public Works Operating Budget for Fiscal Year 2008.

Vice Mayor Allen moved adoption of the above resolution; seconded by Councilwoman McMillan.

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

7.         Amendment to the Vehicle Licensing Fee Ordinance

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III, VEHICLE LICENSE FEE, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 26-52.1, LICENSE FEE CREDIT WHEN MOTOR VEHICLE, TRAILER OR SEMITRAILER PURCHASED. This ordinance amended the City Code pertaining to the Vehicle Licensing Fee (VLF) by allowing vehicle owners to transfer the previously paid Vehicle License Fee to a new vehicle upon the sale or disposition of the previous vehicle for which the fee was paid. The paid VLF covered a vehicle for the subsequent calendar

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7.         Amendment to the Vehicle Licensing Fee Ordinance Continued

year beginning on January 1 of each year. The old City decal ordinance provided for the transfer of a decal to a new vehicle, but the new VLF ordinance did not provide for this transfer. This amendment provided authority to the City Treasurer to process a taxpayer’s request to record the transfer of a previously paid vehicle license fee from a vehicle that had been sold or disposed of to a newly acquired vehicle.

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

8.         Little Creek Dam Drainage Channel Improvement Project

(a)        Appropriation of Funds

            A RESOLUTION APPROPRIATING FUNDS FROM WATERWORKS CIP PROJECTS APPROPRIATION BALANCE AVAILABLE ($245,400.00) TO LITTLE CREEK DAM DRAINAGE CHANNEL IMPROVEMENTS ($245,400.00). This resolution appropriated $245,400 from Waterworks CIP Projects Balance for construction and Professional engineering construction services for the Little Creek Dam Drainage Channel Improvements Projects.  Funding for this project was programmed in the City’s Fiscal Years 2008-2012 Capital Improvements Plan. Little Creek Dam was a 70-feet high earthen impoundment structure that created the Little Creek Reservoir located in James City County. This project corrected an eroded rip rap and concrete-lined storm runoff channel which collected runoff from the surrounded terrain and a county road ditch, and discharged it to Little Creek downstream.

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

Ayes:    Frank, Haskins, McMillan,         

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June 12, 2007

8.         Little Creek Dam Drainage Channel Improvement Project Continued

(b)        Award of Bid

Councilman Haskins moved to award the bid for the Little Creek Dam Drainage Channel Improvement Project to the lowest bidder, Ultra Services, Inc., in the amount of $214,000.00; seconded by Councilman Whitaker. The Waterworks’ consulting engineer for the project, reviewed the low bid and verified references and the financial records, and recommended the award as stated.

            Councilman Haskins moved adoption of Items A through B, both inclusive, as shown below; seconded by Councilman Whitaker.

(a)        Collector Street Resurfacing Program

                        A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 BONDS AUTHORIZED AND ISSUED – STREETS AND BRIDGES ($1,000,000.00) TO FY 2007 COLLECTOR STREET RESURFACING PROGRAM ($1,000,000.00). This appropriated $1,000,000.00 from FY 2007 Bonds Authorized and Issued-Streets and Bridges to the City’s Street Resurfacing Program. This was an ongoing program, with annual appropriations, to maintain collector streets throughout the City, that need resurfacing, along with other associated work (i.e., pavement marks, curbing, sidewalk, etc.) to keep roadways passable and safe. The bid received by Basic Construction Company, LLC of Newport News was $1,477,459.90. The City Manager recommended City Council appropriate $1,000,000.00 to finance the FY 2007 Collector Street Resurfacing program. The remaining amount of funding needed, in the amount of $477,459.90, was funded by the Public Works’ Operating Budget.   

(b)        School Division Capital Projects

A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 BONDS AUTHORIZED AND ISSUED - SCHOOLS ($8,585,000.00) TO SCHOOL DIVISION CAPITAL PROJECTS: ROOFS ($5,604,000.00), HVAC ($2,020,000.00), WINDOW REPLACEMENTS ($572,000.00), AND DESIGN FEES ($389,000.00). This appropriated

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9.         Appropriations Continued

(b)        School Division Capital Projects Continued

$8,585,000.00 from Fiscal year 2007 Bonds authorized and issued for various scheduled School Division Capital Project. The capital projects intended for the appropriation were included in the Schools category of the bond authorization approved by City Council June 2006. To date,  $1,415,000.00 of the $10,000,000.00 allocated for the School Division in that authorization had been appropriated. The remaining portion of the allocation, which was represented by the new appropriation, involved roof, HVAC repairs, window replacements, and project design fees.

            (No Speakers)

Vote on Roll Call:

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

Mr. Todd Budlong, 59 North Madison Lane, Newport News, reminded City Council of his attendance at the May 8, 2007, and his demand for further cuts to the 2008 City Budget. He shared the response from Council was there was no more fat to trim from the budget at that time. He spoke in opposition to the purchase of the State Farm Office Building by the Newport News Economic Development Authority. He stated he was a speculator of this property prior to its sale by auction, and had seen the financials of this building and he expressed from his personal analysis, the building had little upside potential for leasing space from its 17,000 sq. ft. of space, and the potential profit margin was far too narrow for its $2.15 million asking price. However, he believed that the building was a good deal if the entity buying intended to occupy the building. Mr. Budlong stated that Tidewater Physical Therapy had expressed an interest in purchasing the building and gave an aggressive offer. The City of Newport News winning offer was $3.5 million. Mr. Budlong suggested that revenue generated should be put back into the General Fund to offset the increasing burden of real estate taxes. He opposed all City projects he claimed that were “white-collar, higher-end retail and residential developments.” He quoted statistics from the U. S. Census data, that the medium household income in Newport News for 2004, was $39,574, with 13.4% of people living below the poverty level. Although Census data and City records reflected a decrease in population in the last 10 years, he commented that these projects were funded on the backs of the working poor and tax suppressed middle class. Mr. Budlong reminded City Council that citizen’s efforts for change in City government was not idle or forgotten and that Grass-root efforts were alive and well in Newport News.

Mr. John W. Hill, 2906 Mapleton Avenue, Norfolk, expressed disappointment in an alleged report released by Newport News Police Chief Fox, on the shooting death of Robert Lamont Harper. He stated the report was awful and several portions of the report did not correspond with the findings of the independent investigation of the community. Mr. Hill remarked that it had not been determined that Robert Harper had a weapon, that the police officer pulled his weapon, repeatedly shot, reloaded and shot more. He shared his belief that if the

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June 12, 2007

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

officer suffered from homicidal rage, he should be removed from the force. He hoped the final report was better.

Mr. Rudy Langford, 232 W. Gilbert, Hampton, reported he had an alleged report from the office of Chief Fox, and stated he recognized City Council and the Commonwealth Attorney’s Office had not made an administrative decision, however, the Coalition was present to ask Council to recognize that the report was selective racism based on discrimination. He stated the report was an insult to Council’s intelligence. Mr. Langford asked City Council to read the report, compare the Coalition of Justice’s Summary, along with newspaper articles from March and April 2007 that quoted the Police Chief making statements to the Commonwealth’s Attorney. The report included inaccuracies and untruths. Once the Medical Examiner’s report had been analyzed by the Coalition of Justice, they would request a meeting with the City Manager to review the report in detail. He asked the City Manager to initiate an investigation of the Newport News Police Department. He asked Council whether they had read the report he held. 

Mayor Frank stated that City Council had not received the report and inquired from whom Mr. Langford received the report. Mr. Langford responded “he just woke up one morning and it was there.” 

City Manager Randy Hildebrandt indicated no report had been issued by the Chief of Police, or the City Manager’s Office, on the shooting death of Mr. Robert Lamont Harper. He stated Mr. Langford’s report was an unauthorized document.

Ms. Hope Wrice, 8 Jordan Drive, expressed disappointment in the way the case of Robert Lamont Harper was handled. She stated the citizens would not stop until justice was served. She urged City Council to bring justice to the situation. 

Ms. Linda Jones-Cary, 498 Crescent Way, Newport News, expressed concern that  justice had not been done; she felt crooks, robbers, and thieves in authority were robbing the community and questions were not being answered intentionally. She stated that travesty against the citizenry would not be tolerated, and the pipeline to common decency seemed to be clogged. She inquired how many would be sacrifice before that pipeline was unclogged. She stated that blatant irresponsibility would not be overlooked.  

Ms. Kimberly Winn, 158 Coventry Lane, Newport News, expressed concern that justice had not been done regarding the shooting death of Robert Lamont Harper. She stated that injustice anywhere was a threat to justice everywhere. She recognized there were good officers in the police department. Ms. Winn felt the officer must be held accountable for his actions and indicated that if the officer had anger problems/issues, such issues should be addressed with counseling. She thanked City Council for their services, but asked that they seek justice in the Harper case.

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

Ms. Helen Williams, 701 Arboretum Way, Newport News,   aunt of Robert Harper, stated that the family had been patient and had attended Council meetings and followed the rules by waiting for the investigation to be completed. She did not see any rules governing the officer in question. She inquired whether Officer Overton encountered sleepless nights since the shooting. She mentioned that her sister, the mother of Robert Harper, had been traumatized by the shooting death of her son and wanted the matter resolved and justice served. She asked City Council for an explanation.

Mayor Frank responded that the City Manager indicated his report had not been released to the public because he was waiting for the Commonwealth’s Attorney, Mr. Howard Gwynn, to first share the report with Mr. Harper’s mother. He understood that Attorney Gwynn tried to schedule a meeting and had difficulty bringing together all parties involved. Ms. Williams stated that was not true. Mayor Frank stated the paperwork Mr. Langford showed to Council was not an official document. He had not seen it before and would not comment on it. The City Council position on the matter was to wait for the Commonwealth’s Attorney to release a statement, so the City Manager could offer a public report. 

City Manager Randy Hildebrandt presented A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA SUPPLEMENTING AND AMENDING RESOLUTION NO. 11347-07 ADOPTED ON JANUARY 23, 2007, ENTITLED “RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, AUTHORIZING THE ISSUANCE OF WATER REVENUE BONDS OF THE CITY OF NEWPORT NEWS, VIRGINIA, AND PROVIDING FOR THE SECURITY OF THE HOLDERS THEREOF”. 

Councilman Haskins moved adoption of the above resolution; seconded by Councilwoman Haskins. Councilman Haskins commented this amendment saved the City $179,000. He wanted the public to know that City Council was concerned and acted as conservatively as possible.

Councilwoman McMillan wished all fathers a Happy Father’s Day and acknowledged the City High Schools having graduations. She congratulated all graduates and wished them much success in their future endeavors.

Councilwoman Scott announced the next North District Town Hall Meeting was scheduled for Monday, June 25, 2007 at the American Legion Post 368 at 7:00 p.m. She state there would be no guest speakers at the meeting, but urged the public to come out and discuss all the different activities going on throughout the City. There would be information on the summer programs available for the youth. She stated the North District Food Drive

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11.              New Business and Councilmember Comments Continued

Committee would meet at 6:00 p.m. to plan the December Holiday Food Drive and invited all interested in working on the committee to come out.

Vice Mayor Allen presented A RESOLUTION APPROPRIATING FUNDS FROM RESERVE ($300,000.00) FOR SPECIFIC PROJECTS TO POLICE SPECIAL OVERTIME ($300,000.00). This appropriated funds from Reserve for Specific Projects to Police Special Overtime. Vice Mayor Allen commented that the City of Newport News had made great progress in recent years on many fronts, yet he believed most people would agree that the City had seen too much violence involving young people and guns. He acknowledged that throughout the City there were many voluntary park activities underway, and they would hopefully have a positive impact on children as they come of age over the next decade. The work at the youth centers, schools, Keeping Our Kids Safe Program, the Boys and Girls Clubs and area churches, were all contributing to this effort. With the 2006-2007 school year coming to an end, the City was entering the summer period and he believes it was important for the City to take aggressive actions to pursue the reduction of gun violence throughout the City. Having made those comments, Vice Mayor Allen hoped that Council agreed with his view that immediate action should be taken to attack the violence of young people with guns. This appropriation allowed overtime pay for Police Officers to patrol the City in an effort to curb the violence. 

Councilwoman Scott stated she appreciated the efforts to increase the funds for overtime, but inquired why the City did not hire more Police Officers. City Manager Randy Hildebrandt replied the process of bringing new officers on the Force took a long time. It took 12-15 months from the time of hire to train and qualify a Police Officer for the streets. The best way to achieve the goal of additional personnel on the street was to pay trained officers overtime. The Chief of Police believed the best way to keep more officers on the streets quickly was to use officers on an overtime basis. 

Councilwoman McMillan inquired whether this was a City-wide program. Vice Mayor Allen responded yes, and stated officers would be placed anywhere the citizens identified an area to be problematic. 

Councilman Whitaker commented the City needed more police officers patrolling the streets during the summer months and supported the resolution. 

Councilman Haskins commented supported the effort based on news articles throughout the region regarding shootings and gun violence. 

Vice Mayor Allen moved adoption of the above resolution; seconded by Councilman Whitaker.

Ayes:    Frank, Haskins, McMillan, Scott, Whitaker, Allen
Nays:    None

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Minutes of Regular Meeting