Document Actions
May 22, 2007 Regular Meeting Minutes
May 22, 2007 Regular Meeting Minutes
MINUTES OF REGULAR MEETING
OF THE NEWPORT NEWS CITY COUNCIL
HELD IN THE CITY COUNCIL CHAMBERS
2400 WASHINGTON AVENUE
May 22, 2007
7:30 P.M.
PRESENT: Charles C. Allen; Herbert H. Bateman, Jr.; Joe S. Frank; William F. Haskins; Madeline McMillan; Sharon P. Scott; and Joseph C. Whitaker----------------------7
ABSENT: None------------------------------------------------------------------------------------------0
1. The invocation was rendered by Father George Chioros, St. Constantine and Helen Greek Orthodox Church.
2. The Pledge of Allegiance to the Flag of the United States of America was led by Vice Mayor Charles C. Allen.
3. Public Hearings
(a) Tax Rate Increase for Machinery and Tools
Mayor Frank presented AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XII., TANGIBLE PERSONAL PROPERTY TAXES, DIVISION 2., TAX LEVY AND RATES, SECTION 40-220.2, TAX ON MACHINERY AND TOOLS; LEVIED; AMOUNT. He advised this established the tax rate for machinery and tools at $3.75 per $100 of assessed value effective July 1, 2007. The current machinery and tools tax rate was $3.50 per $100 of assessed value. This increase would generate $883,175 of additional revenue for Fiscal Year 2008. Mayor Frank advised this amendment, among other actions taken by City Council, allowed Council to reduce the real estate property tax from $1.20 to $1.10 per $100 of assessed value. Subsequent to the approval of this rate, City Council needed to amend the approved Fiscal Year 2008 General Fund Operating Budget to reflect the additional revenue.
Mr. John Gergeley, 449 Winterhaven Drive, Newport News, requested that City Council rescind its vote on the Hampton Roads Regional Taxing and Tolling Authority (Hampton Roads Transportation Authority). He stated this was a bad law. The General Assembly passed the buck to the City Council, who should send it back to them to do their job.
Councilman Haskins moved closure of the public hearing; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Councilman Haskins moved adoption of the above ordinance; seconded by Councilman Bateman.
Page 2
Minutes of Regular Meeting
May 22, 2007
3. Public Hearings Continued
(a) Tax Rate Increase for Machinery and Tools
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(b) Amendment to the Fiscal Year 2008 General Fund Operating Budget
Mayor Frank presented AN ORDINANCE TO REPEAL ORDINANCE NO. 6368-07 FOR THE APPROVAL OF THE BUDGET AND APPROPRIATION OF FUNDS TO OPERATE THE CITY OF NEWPORT NEWS FOR THE FISCAL YEAR BEGINNING JULY 1, 2007, AND ENDING JUNE 30, 2008, INCLUSIVE AND TO APPROVE AN AMENDED BUDGET AND TO APPROPRIATE FUNDS TO OPERATE THE CITY OF NEWPORT NEWS FOR THE FISCAL YEAR BEGINNING JULY 1, 2007, AND ENDING JUNE 30, 2008, INCLUSIVE. He advised this amended the approved Fiscal Year 2008 General Fund Operating Budget to reflect the additional revenue anticipated by the increase in the Machinery and Tools tax, and allocated that revenue as replacement for the monies previously used from non-departmental to balance the budget that was approved on May 8, 2007. The increase of $0.25 per $100 of assessed value in the Machinery and Tools tax was estimated to increase revenue for Fiscal Year 2008 by $883,175. This amount of money was used from the Non-Departmental portion of the budget in order to balance the budget on May 8, and upon approval of this amendment, that amount would be returned to that account.
Ms. Laura J. Irby, 18 Davis Avenue, Newport News, expressed concern with the $13.6 million surplus (referenced in the May 22, 2007 edition of the Daily Press) that mysteriously appeared after the budget negotiations and efforts to reduce the real estate property tax rate. She felt Council rushed to judgment on the budget. Ms. Irby reminded that citizens trust the City Council to run the City in a balanced manner. She stated the mention of the surplus affected the citizens’ trust level.
Mr. David Irby, 18 Davis Avenue, Newport News, inquired whether work had begun on reducing the budget for the next fiscal year. He reminded the members of Council that they were elected to represent the citizens. He commented on a remark made by Mayor Frank at a previous meeting about not letting the City go backwards. Mr. Irby stated that Mayor Frank’s comments implied that citizens on a fixed income who could not pay taxes should move from the City of Newport News. Mayor Frank denied making the comment.
Councilman Haskins moved closure of the public hearing; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Page 3
Minutes of Regular Meeting
May 22, 2007
3. Public Hearings Continued
(b) Amendment to the Fiscal Year 2008 General Fund Operating Budget Continued
Councilman Bateman moved adoption of the above resolution; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Mayor Frank requested that City Manager Hildebrandt provide an explanation of the $13.6 million surplus, which was reported in the May 22, 2007 edition of the Daily Press, and noted it was a one time revenue, not recurring revenue. If it were used to further reduce the budget, for one year, it would not sustain an ongoing tax reduction.
City Manager Hildebrandt, responding to Mr. Irby’s comments whether staff was working to reduce the budget, indicated that Department Heads were instructed to continually work to reduce the budget, trying to do things less expensively and cut costs. Mr. Hildebrandt advised that part of the $13.6 million forecasted surplus was from savings on the operating side of the budget. On the revenue side, he explained these were unanticipated. This was only 3% of the entire General Fund budget and was not expected to be received on an ongoing basis. City Manager Hildebrandt recommended, as in the past, that these surpluses be used to meet obligations that were one-time expenses, i.e. investment in the Information Technology program, keep some on reserve to ensure sufficient funds were available for cash flow reasons and emergencies. From a financial planning perspective, he hoped the citizens would understand that this was not money that was expected in future years and would not have helped cut the tax rate because the money could not be covered unless a similar revenue source were available.
(c) 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 located at 341 Bell King Road. This matter was continued from the April 24, 2007 and May 8, 2007 Regular meetings of City Council so that the staff could work with the applicant to ensure that the facility was not used for inappropriate purposes. The Planning Commission voted 9:0 to recommend to City Council the approval of this conditional use permit application, and the City Manager recommended approval with additional conditions.
(No Speakers)
Councilman Haskins moved closure of the public hearing; seconded by Councilwoman Scott.
Page 4
Minutes of Regular Meeting
May 22, 2007
3. Public Hearings Continued
(c) Conditional Use Permit CU-07-219, Madison Company of Newport News Continued
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Councilwoman McMillan moved adoption of the above ordinance; seconded by Councilman Haskins.
Councilwoman Scott asked for clarification on the City Manager’s recommendation that parties for individuals, aged 15-20, end at 10:00 p.m., yet the analysis mentioned that events would be held up until midnight, and longer with special permission. She inquired whether six-year olds were allowed to party until midnight, while twenty-year olds had to leave at 10:00 p.m. City Manager Hildebrandt replied that the concept was that the facility may have lock-ins for younger children, meaning parents would drop the children off, the children would stay overnight until the parents picked them up the next morning. Hence, the time limit would not apply to younger children who typically spent the night at such events, but for the older children aged 15-20 that were not in a lock-in situation, the time limit would be set to end at 10:00 p.m., with the event being chaperoned by a parent.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(d) Change of Zoning CZ-07-238, Hari Aum Enterprises, LLC
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 10TH 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 2.22 acre parcel located at 100 Buchanan Drive from R9 Mixed Use District with proffers to R9 Mixed Use District with new proffers. The Planning Commission voted 8:0 to recommend to City Council the approval of this rezoning request, and the City Manager concurred with that recommendation. Mayor Frank advised this would allow for 48 apartments to be constructed on this property, as opposed to commercial, which could have contained an extended stay motel.
(No Speakers)
Mr. Billie M. Millner, Jones, Blechman, Woltz and Kelly, Attorney for the applicant, was available for questions.
Page 5
Minutes of Regular Meeting
May 22, 2007
3. Public Hearings Continued
(d) Change of Zoning CZ-07-238, Hari Aum Enterprises, LLC Continued
Mr. Tim Faulkner, representing the Breeden Property Management, 560 Lynhaven Parkway, Virginia Beach, was available for questions.
Mr. Franklin R. Wiley, 1501 Baycliff Court, Newport News, was available for questions.
Councilwoman McMillan moved closure of the public hearing; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Councilwoman McMillan moved adoption of the above ordinance; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(e) Conditional Use Permit CU-07-218, Jefferson Shoppes, LLC
Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-218 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF ALLOWING A RESTAURANT/CAFETERIA/DELICATESSEN WITH DRIVE THROUGH SERVICE ADJACENT TO RESIDENTIAL PROPERTY ON A SITE ZONED C1 RETAIL COMMERCIAL DISTRICT. He advised this granted a conditional use permit for the operation of a restaurant with drive through service on a 0.83 acre parcel zoned C1 Retail Commercial located at 13165 Jefferson Avenue. The Planning Commission voted 8:0 to recommend to City Council the approval of this conditional use permit request, and the City Manager concurred with that recommendation. Mayor Frank advised this would allow a Hardee’s Restaurant at 13165 Jefferson Avenue.
(No Speakers)
Mr. Billie M. Millner, Jones, Blechman, Woltz and Kelly, Attorney for the applicant, was available for questions.
Councilman Haskins moved closure of the public hearing; seconded by Councilwoman Scott.
Page 6
Minutes of Regular Meeting
May 22, 2007
3. Public Hearings Continued
(e) Conditional Use Permit CU-07-218, Jefferson Shoppes, LLC
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Councilwoman McMillan moved adoption of the above ordinance; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(f) Conditional Use Permit CU-07-220, Hampton Roads YYP, LLC
Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-220 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING A SMALL MOTOR VEHICLE REPAIR AND SERVICE FACILITY ON A SITE ZONED C2 GENERAL COMMERCIAL DISTRICT. He advised this granted a conditional use permit for the operation of a small motor vehicle repair and service facility on two parcels totaling 3.08 acres zoned C2 General Commercial located at 6014 and 6014(A) Jefferson Avenue. The Planning Commission voted 8:0 to recommend to City Council the approval of this conditional use permit request, and the City Manager concurred with this recommendation.
(No Speakers)
Councilman Haskins moved closure of the public hearing; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Councilman Haskins moved adoption of the above ordinance; seconded by Councilman Whitaker.
Mayor Frank inquired whether a permit was required for the Hindu Temple to be a part of the vehicle repair and service facility, and whether a certain amount of land was required. City Manager Hildebrandt responded that churches could be placed in any zone and there was no requirement for a specified amount of land in a Commercial zone.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Page 7
Minutes of Regular Meeting
May 22, 2007
3. Public Hearings Continued
(g) Conditional Use Permit CU-07-221, United House of Prayer
Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-221 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF PERMITTING AN OFF SITE PARKING LOT ON A SITE ZONED R8 HIGH DENSITY FAMILY DWELLING DISTRICT. He advised this granted a conditional use permit for the construction of a bus parking lot on three parcels totaling 0.31 acres zoned R8 High Density Multiple Family Dwelling located at 1901, 1905 Ivy Avenue, and 625 19th Street. The Planning Commission voted 8:0 to recommend to City Council the approval of this conditional use permit request, and the City Manager concurred with that recommendation.
Councilman Haskins moved closure of the public hearing; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Councilman Whitaker moved adoption of the above ordinance; seconded by Vice Mayor Allen.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(h) Grant of Utility Easements – 705 Thimble Shoals 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 EASEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND VIRGINIA ELECTRIC AND POWER COMPANY, D/B/A DOMINION VIRGINIA POWER, DATED THE 22ND DAY OF MAY, 2007, FOR TWO VARIABLE WIDTH UTILITY EASEMENTS LOCATED AT 705 THIMBLE SHOALS BOULEVARD. He advised this granted two (2) utility easements over City-owned land located at 705 Thimble Shoals Boulevard. This grant of utility easement was advertised pursuant to State Code requirements prior to City Council receiving bids at its May 8, 2007 Regular Meeting. One bid was received at that meeting from Dominion Virginia Power. This transaction involved the granting of two (2) variable width utility easements of approximately 1,542.20 square feet. The easements were needed for the transmission and distribution of electric power to property located at 705 Thimble Shoals Boulevard.
(No Speakers)
Councilman Whitaker moved closure of the public hearing; seconded by Councilwoman Scott.
Page 8
Minutes of Regular Meeting
May 22, 2007
3. Public Hearings Continued
(h) Grant of Utility Easements – 705 Thimble Shoals Boulevard Continued
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Councilman Whitaker moved adoption of the above resolution; seconded by Councilman Bateman.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(i) Settlement Agreement and Amendment to Lease – James River Fishing Pier, Inc.
1. Settlement Agreement
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 SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND JAMES RIVER FISHING PIER, INC. DATED THE 22ND DAY OF MAY, 2007. He advised this authorized the execution of a settlement agreement with James River Fishing Pier, Inc. for the unpaid additional rent required by the lease of the Old James River Bridge site. The lease payments in question were not consistent with the lease terms, but were consistent with a summary of the lease presented to City Council in 1996. The City asserted its right to be paid the “additional rent” due under the lease in December of 2006. The settlement required James River Fishing Pier, Inc. to pay the sum of $90,000 consisting of “qualifying improvements” to the premises.
(No Speakers)
Councilman Bateman moved closure of the public hearings for Items 1 and 2; seconded by Councilman Scott.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Councilman Whitaker moved adoption of the above resolution; seconded by Vice Mayor Allen.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Page 9
Minutes of Regular Meeting
May 22, 2007
3. Public Hearings Continued
(i) Settlement Agreement and Amendment to Lease – James River Fishing Pier, Inc.
2. Amendment No. 1 to Lease
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 AMENDMENT NO. 1 DATED MAY 22, 2007, TO DEED OF LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND JAMES RIVER FISHING PIER, INC., DATED THE 1ST DAY OF MAY, 1996. He advised this authorized the execution of Amendment No. 1 to the Deed of Lease with James River Fishing Pier, Inc. This amendment clarified, to the satisfaction of both parties, the definition of “additional rent” as 10% of all gross receipts in excess of $150,000 from all operations on the premises during the immediately preceding lease year. All other terms and conditions of the existing Deed of Lease remained the same and in full force.
Councilwoman Scott moved adoption of the above ordinance; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(j) Acquisition of Easements – Harwood’s Mill Water Treatment Plant Force Main Project
Mayor Frank advised there was a request to continue this public hearing on AN ORDINANCE THAT AUTHORIZED THE ACQUISITION OF EASEMENTS, THROUGH PURCHASE OR CONDEMNATION OF THE HARWOOD’S MILL WATER TREATMENT PLANT FORCE MAIN PROJECT UNTIL THE JUNE 12, 2007 CITY COUNCIL MEETING. Staff requested that this matter be continued to allow staff more time to resolve problems surrounding one of the proposed easements.
Councilman Haskins moved to defer this item to the June 12, 2007 Regular Meeting of City Council; seconded by Vice Mayor Allen.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
4. Consent Agenda
Councilwoman Scott moved adoption of the Consent Agenda, Items A through E, both inclusive, as shown below; seconded by Councilman Whitaker.
Page 10
Minutes of Regular Meeting
May 22, 2007
4. Consent Agenda Continued
(a) Minutes of Budget Public Hearing of April 26, 2007 Continued
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(b) Minutes of Special Budget Work Session of May 1, 2007
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(c) Minutes of Special Meeting of May 1, 2007
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(d) Minutes of Regular Meeting of May 8, 2007
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
(e) 2008 Housing and Homeless Assistance Grant
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA AUTHORIZING THE CITY MANAGER TO APPLY FOR AND ACCEPT A GRANT AWARD TO BE ADMINISTERED BY THE OFFICE OF HUMAN AFFAIRS FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING TO PROVIDE COORDINATION OF SAFE AND SANITARY SHELTER AND/OR SUPPORTIVE SERVICES TO HOMELESS PERSONS. This resolution authorized the execution of an application and acceptance of a grant from the Virginia Department of Housing and Community Development for a 2007 Housing and Homeless Assistance Grant. This grant application was initiated by the City’s Office of Human Affairs, which also received and administered this grant in 2006. The proceeds from this grant program supported the homeless day-shelter operated by OHA out of the Julius Conn Gymnasium at 328 30th Street. The day-shelter program provided coordination of safe and sanitary shelter and/or support services to homeless persons.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Page 11
Minutes of Regular Meeting
May 22, 2007
4. Consent Agenda Continued
(f) Resolution Regarding the Adoption of a 2015 Goal for Reducing Teen Pregnancy
A RESOLUTION REGARDING THE ADOPTION OF A 2015 GOAL FOR REDUCING TEEN PREGNANCY IN NEWPORT NEWS. This resolution established a 2015 goal for reducing teen pregnancy in Newport News. The month of May is national and state Teen Pregnancy Prevention Month. The City’s Director of the Health Department recommended adoption of a goal of 75 pregnancies per 1,000 females between the ages of 15-19, which would result in a reduction of the City’s teen pregnancy rate. This resolution adopted a goal for reducing teen pregnancy in Newport News by an additional fourteen percent by the year 2015.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
5. Receipt of Bids for Granting Utility Easement at 1001 Old Denbigh Boulevard
One (1) bid was received and opened from Dominion Virginia Power for the grant of a utility easement over City-owned land located at 1001 Old Denbigh Boulevard and forwarded to the City Manager for review and evaluation. This proposed grant of utility easement was advertised pursuant to State Code requirements pertaining to such transactions that were for a term greater than five years. This transaction involved the granting of an easement of approximately 4,883 square feet. The easement was needed for the transmission and distribution of electric power to the property located at 1001 Old Denbigh Boulevard. A public hearing was advertised for the June 12, 2007 Regular Meeting of City Council to consider the ordinance that would grant the actual easements to the successful bidder.
6. City Council Summer Meeting Schedule
A SPECIAL RESOLUTION CANCELING THE REGULAR COUNCIL MEETINGS OF JULY 24, 2007 AND AUGUST 28, 2007. This resolution canceled the Regular meetings of City Council of July 24, 2007 and August 28, 2007. The cancellation of the second regularly scheduled meetings in July and August was consistent with previous years in which City Council met only once during each of these months to accommodate summer vacation schedules. Taking action at this time to officially cancel these meetings allowed staff to schedule pending items for upcoming meeting agendas, and accommodated the required advertising and notification requirements for certain items of business.
(No Speakers)
Councilman Haskins moved adoption of the above resolution; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
Page 12
Minutes of Regular Meeting
May 22, 2007
7. Addendum One to Public Park Lease With York County
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 (1) ADDENDUM ONE TO AGREEMENT OF LEASE FOR CONSTRUCTION AND MAINTENANCE OF A PUBLIC PARK BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE COUNTY OF YORK, VIRGINIA, DATED THE 22ND DAY OF MAY, 2007, AND (2) THE DECLARATION OF RESTRICTIONS BY THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 22ND DAY OF MAY, 2007. This resolution authorized the execution of Addendum One to the Agreement of Lease with York County for construction and maintenance of a public park; and, the execution of a Declaration of Restrictions governing the preservation area. This lease agreement for up to 187 acres of City-owned Waterworks property in York County was approved by City Council in April 2005. The property was to be used to construct a public park referred to as the Sports Field Complex. This addendum deleted an area of the property that had been proposed by the Virginia Department of Transportation (VDOT) for drainage improvements associated with a planned widening of Rt. 17, which reduced the originally based acreage by 6.48 acres. Additionally, 29.195 acres were being set aside for mitigation and was designated as a preservation area. The Addendum gave the City an unrestricted right of entry onto the property.
(No Speakers)
Councilman Haskins moved adoption of the above ordinance; seconded by Councilwoman Scott.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
8. Approval of Fiscal Year 2008 Classification and Pay Plan
AN ORDINANCE PROVIDING FOR THE ADOPTION OF A CLASSIFICATION AND PAY PLAN FOR THE EMPLOYEES OF THE CITY OF NEWPORT
NEWS FOR FISCAL YEAR 2008. This ordinance approved the City’s Fiscal Year 2008 Employee Classification and Pay Plan. This plan increased the minimums and maximums of most salary ranges by 3% effective July 1, 2008. Employees would be eligible for salary increases based on performance on July 1 in the range of 0 – 5%, with an overall average of 4%. Employees at their salary range maximums, who meet eligibility criteria, may receive a lump sum bonus of up to 1%, based on performance effective October 1, 2007. Funding for this FY 2008 Classification and Pay Plan was included in the approved Fiscal Year 2008 Operating Budget.
(No Speakers)
Councilman Whitaker moved adoption of the above ordinance; seconded by Councilman Bateman.
Page 13
Minutes of Regular Meeting
May 22, 2007
8. Approval of Fiscal Year 2008 Classification and Pay Plan Continued
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
9. Amendment of Master Water Revenue Bond Resolution
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, 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.” This resolution amended the Master Water Revenue Bond Resolution to reflect technical changes recommended by the Bond Rating Agencies and the City’s Financial Advisors. The Master Water Revenue Bond Resolution was approved by City Council on January 23, 2007, which would be used to finance Waterworks capital projects. The amendment removed the reference to transfers from the definition of revenues in the Waterworks Rate Stabilizations Fund. It also changed the definition of “subordinate obligations,” and clarified that payment of any return on investment to the City would be a subordinate obligation. The amendment deleted the language which stated that the operating budget may not necessarily be the budget prepared by the City.
Mr. Kelly Place, 213 Waller Miller Mill Road, Williamsburg, reminded that he had spoken to Council at its February 13, 2007 Regular Meeting regarding the inadvisability of issuing this Master Water Revenue Bond given the levels of risk involved in the project that the bond was predicated on. He stated as the federal lawsuit against the King William Reservoir (KWR) proceeded, the issuance of the bonds and the appropriation of $10 million took from the bonds on February 13, 2007, was subjecting the citizens of Newport News to unacceptable risks. Mr. Place inquired about what would happen to the City’s obligation to pay off these bonds if the federal court found against Newport News, or if the project was denied. He further expressed his opinion that the Water Revenue Bond was an inappropriate tool because there was a higher rate of interest and a longer term, with the citizens having to pay. Mr. Place referenced an article from the December 14, 2005 edition of the Daily Press, which indicated that Newport News was looking for money to pay for the KWR Project. It further stated, with the King William Reservoir, the rate of increase to citizens’ water bills would increase at twice the rate as the rate of increase without the Reservoir. The article did not mention the benefits the citizens would receive for having to pay twice the rate of increase.
City Manager Hildebrandt, responding to comments by Mr. Place, clarified that one of the primary reasons for Water Revenue Bonds to support the KWR Project was that nearly 42% of the water used was used by City residents, with most of the water being sold to other communities. The City felt it appropriate to not have Newport News taxpayers support these bonds with their tax dollars, hence, by issuing Water Revenue Bonds, the revenues of the system over the next 40 years would pay for the payment of these bonds. The longer payback period allowed for the fact that the KWR would have benefits for many years. He stated that new
Page 14
Minutes of Regular Meeting
May 22, 2007
9. Amendment of Master Water Revenue Bond Resolution
citizens who come onto the system over time would allow this expense to be spread over a longer period as new customers come on and help pay for the water that is used to allow them to join the system. City Manager Hildebrandt added that this project would be paid for, not only by the customers through water revenues, but 30% would be paid for by two other water utilities – the City of Williamsburg and James City County, who would receive significant parts of the water resource, and system development charges through new collections, would pay for one third of the project over time. The City tried to find a financial package that would not over burden the rate payers. This Water Revenue approach, because of its scope and size, was the appropriate method to finance this particular project.
Councilman Haskins pointed out that most of the opposition to the KWR project came from individuals outside of the City. He advised there was a scarcity of water all over the country, and by using the Water Revenue Bonds, the cost was being spread to those citizens outside of the City that used the water. Councilman Haskins thought the Water Revenue Bond was a good investment and indicated that it was not taxpayer money and expressed his support.
Councilman Bateman moved adoption of the above resolution; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Allen, Bateman, Frank, Haskins, McMillan, Scott, Whitaker
Nays: None
10. Citizen Comments on Matters Germane to the Business of City Council
Mr. John Wesley Hill, 2906 Mapleton Avenue, Norfolk, distributed a copy of a letter to the City Manager regarding the shooting death of Robert Lamont Harper by a Newport News Police Officer (a copy is attached and made a part of these minutes). He referenced a similar incident which occurred February 18, 1965, which took 42 years to receive justice. Mr. Hill asked that the Harper case not take 42 years. He advised if the police officer suffered from homicidal rage, something should be done. He further requested that the release of the investigative reports concerning the Harper shooting be expedited.
Mr. Terry Savage, 1001 Cherry Creek Drive, Newport News, expressed opposition to the proposed Hampton Roads Transportation Authority. He advised there were six major projects included over the next 10-15 years, which amounted to more than $9 billion, if completed on time and within budget. Newport New would be, by estimate, the fourth largest contributor at nearly $17 million per year, and was estimated to grow to $24 million in five years, and $37 million by the tenth year. Mr. Savage shared that the total impact for Hampton Roads would total $7.9 billion. He stated this did not include or represent any discretionary fees. Tolls were also included, with an estimate of $275 million annually. He indicated the bill would hurt the military, the elderly and the disabled. The bill did not allow for the fees to be dropped. He asked that the transportation bill be sent back to the General Assembly, and amendments be made to cover the City and the region.
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Minutes of Regular Meeting
May 22, 2007
10. Citizen Comments on Matters Germane to the Business of City Council
Mr. Prince Lynch, uncle of Robert Lamont Harper, who was killed as a result of a shooting by the Newport News Police, 1417 24th Street, Newport News, questioned the reason behind the repeated shooting of Robert Harper. He was of the belief that the police officer had a great deal of anger to fire the gun repeatedly.
Mr. Kelly Place, 213 Waller Mill Road, Williamsburg, referencing earlier comments, concurred with Mr. David Irby that the message was sent that citizens could not live in Newport News if they could not pay the taxes. Referencing comments made by Mr. Terry Savage concerning the Hampton Roads Transportation Authority, expressed opposition to the Council Action taken on April 10, 2007 to approve a resolution establishing the Authority without citizen input. He commended Council members Haskins and McMillan for their stance regarding the Authority. He advised there were new taxes on every page of the 43-page transportation bill. Mr. Place encouraged City Council to rescind their vote and allow citizens to provide comments. He further commented on the fiscal policy that the City had where citizens were set up to confiscatory real estate taxes to fund ever-increasing water rates and a bad transportation bill. He disagreed with Councilman Haskins regarding the Water Revenue Bonds and the citizens having input over longer period of time. Mr. Place stated there was no shortage of water. He did not support the City using taxpayer funds and fees to promote and spend on risky, speculative overdevelopment schemes that were ruining the waterways in the area. He suggested submitting the KWR to a referendum of the Peninsula citizens and would allow a General Obligation Bond with lower interest rates.
Ms. Pixie Killebrew, 13 Hilton Terrace, Newport News, member of RETRO (real estate tax reduction organization), thanked City Council for its good-faith efforts in working with RETRO and the work done to lower the real estate property tax rate. She advised that the group would continue with its budgetary concerns and would continue to work with the City. She advised the City could not pay its way out of debt. She further expressed concern with the $13.6 million surplus and wondered if Council should consider revisiting the real estate property tax rate.
Mayor Frank thanked Ms. Killebrew for her thoughtful and gracious comments through the budget process.
Ms. Kim Winn, 158 Coventry Lane, Newport News, expressed concern about the length of time taken to complete the investigations of the Police shooting death of Robert Lamont Harper. She asked that justice be served regarding this incident.
Mayor Frank indicated that Council was also anxious to receive and review the investigatory reports pertaining to the shooting death of Mr. Harper. He explained that had the process and investigation been rushed, there would be criticism that the process was handled inappropriately and rushed. Mayor Frank advised that the process was delayed due to the pathology reports from the Forensics Laboratory in Norfolk, but as soon as it was received, Police Chief Fox and Commonwealth’s Attorney Gwynn would make evaluations and release the information to the public.
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Minutes of Regular Meeting
May 22, 2007
11. New Business and Councilmember Comments
Mayor Frank congratulated City Clerk, Mabel Washington, for being named First Vice President of the Virginia Municipal Clerks Association (VMCA) and commended her for her outstanding work in the City.
Councilwoman McMillan congratulated Ms. Elsy Henriquez Blanco, Senior Site & Subdivision Specialist, in the City’s Department of Engineering, for receiving her Master’s Degree in Engineering Management from George Washington University.
She wished all citizens a safe and wonderful Memorial Day, and reminded them to Buckle Up!
Councilwoman Scott announced there would be no North District Town Hall Meeting in the month of May. She advised the next meeting was scheduled for June 25, 2007, at American Legion Post 368 at 7:00 p.m.
She asked the City Manager to report on the timeline for the release of the investigatory reports related to the shooting death of Robert Harper.
City Manager Hildebrandt reported that the Medical Examiner’s report was received and was being reviewed. He further advised that he had begun review of the case file. He expected that City Council and the public would have a report by the June 12, 2007 Regular Meeting of Council.
ON MOTION, COUNCIL ADJOURNED AT 8:43 P.M.
Mabel V. Washington, CMC Joe S. Frank
City Clerk Mayor
Presiding Officer
