MINUTES OF REGULAR MEETING

OF THE NEWPORT NEWS CITY COUNCIL

HELD IN THE CITY COUNCIL CHAMBERS

2400 WASHINGTON AVENUE

 

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

1. The invocation was rendered by Pastor Helen Casey-Rutland, Grace United Methodist Church.

3. Public Hearing – Declaration of Restrictive Covenants for Wetlands Preservation – Lee Hall Emergency Containment Basin

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 DECLARATION OF RESTRICTIONS BY THE CITY OF NEWPORT NEWS, VIRGINIA DATED THE 13^TH DAY OF NOVEMBER, 2007. He advised this authorized the execution of a Declaration of Restrictive Covenants to preserve wetlands in the area associated with the Lee Hall Emergency Containment Basin. The subject property consisted of approximately 0.473 acres and was located within unnamed headwater drainage to the Lee Hall Reservoir approximately 640 feet east of the intersection of Warwick Boulevard and Reservoir Road. This preservation of the wetlands area was required by the Department of Environmental Quality (DEQ) under the DEQ permit needed to construct this emergency containment basin. This basin was necessary to minimize impact to the Lee Hall Reservoir should the Colonial Pipeline Company’s petroleum products pipeline experience a failure.

(No Speakers)

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

Vote on Roll Call:

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

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

Vote on Roll Call:

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

4. Consent Agenda

Councilman Haskins moved adoption of the Consent Agenda, Items A through F, inclusive, as shown below; seconded by Councilwoman McMillan.

(a) Minutes of Work Session of October 23, 2007

Vote on Roll Call:

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

(b) Minutes of Special Meeting of October 23, 2007

Vote on Roll Call:

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

(c) Minutes of Regular Meeting of October 23, 2007

Vote on Roll Call:

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

(d) Resolution of Support – Location of New Air Force Cyber Command in the City of Hampton

A RESOLUTION IN SUPPORT OF EFFORTS TO LOCATE THE AIR FORCE CYBER COMMAND IN THE CITY OF HAMPTON, VIRGINIA. This resolution supported the location of the new Air Force Cyber Command in Hampton, Virginia. A multitude of distinct characteristics inherent to the City of Hampton, and the Hampton Roads region, made Hampton and the region, a logical choice for this new command. This new command was responsible for the training, organizing and equipping of a service for cyberspace operations.

Vote on Roll Call:

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

Nays: None

A SPECIAL RESOLUTION CANCELING THE REGULAR COUNCIL MEETING OF DECEMBER 25, 2007. This resolution canceled the Regular City Council Meeting of December 25, 2007. City Council historically canceled its second regularly scheduled meeting in December. Taking action, at this time, to cancel this particular meeting assisted staff in scheduling future meeting agenda items and adhered to the various advertising deadlines. 

Vote on Roll Call:

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

Nays: None

A RESOLUTION IN MEMORIAM FOR WILLIAM E. LAWSON, JR. Mr. Lawson served as Newport News City Manager from 1965 to 1976, and continued to be active in civic and professional activities in the community. He died on October 28, 2007.

Vote on Roll Call:

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

Nays: None

5. RouseTower Renovation and Lease Approval

A. Appropriation of Funding

A RESOLUTION APPROPRIATING FUNDS FROM GENERAL FUND RESERVES ($1,200,000.00) TO ROUSE TOWER RENOVATION ($1,200,000.00). This resolution appropriated $1,200,000.00 from the General Fund Reserves to the City’s Economic Development Authority to fund the RouseTower renovation project for the City’s Department of Human Services (DHS). This renovation project allowed DHS to consolidate compatible functions and related staff on eight floors, and moved the most public contact oriented functions to the lower floors. Operating efficiencies and response times will be improved by consolidating the three file rooms to a central, high-density space in the lower level.

(No Speakers)

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

Vote on Roll Call:

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

Nays: None

B. Authorization for Lease of Office Space for the Department of Human Services and Acknowledgment of the City’s Economic Development Authority Promissory Note

Mayor Frank inquired about the Commonwealth of Virginia’s reimbursement for a portion of the cost.

Mr. Hildebrandt replied that the Commonwealth of Virginia would pay 80% of what was deemed appropriate for the class of property that the office space represented. He felt the City would receive reimbursement of the rent at the 80% rate. He was hopeful that the reimbursement for renovations would be at the 80% level as well.

(No Speakers)

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

Vote on Roll Call:

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

Nays: None

6. Appropriations

Vice Mayor Allen moved adoption of Items A and C, as shown below; seconded by Councilman Bateman.

A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – PUBLIC BUILDINGS ($85,000.00) TO PARKING LOT REPAVING ($85,000.00) This resolution appropriated $85,000.00 of Fiscal Year 2008 Bonds authorized and unissued for repaving the parking lots at the Peninsula Health Center, East End Health Center,and Pearl Bailey Library.  Funding for this repaving project was in the City’s Capital Improvement Plan in the Public Buildings category. These lots were deemed to be in poor condition and subject to additional degradation from wintertime freeze/thaw cycles. Overlay and re-striping of these lots was to be performed under the City’s existing annual paving contract. The repaving work would take 30 days to complete.

(No Speakers)

Vote on Roll Call:

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

Nays: None

(c) Additional Sheriff Department Justice Benefits Program Funding

A RESOLUTION APPROPRIATING FUNDS FROM SHERIFF JUSTICE BENEFITS REVENUE ($2,100.00) TO CONTRACTUAL SERVICES ($2,100.00) This resolution appropriated $2,100.00 of additional funding for the Sheriff’s Department from the Federal Justice Benefits Program. The Newport News Sheriff’s Department contracted with the Federal Immigration and Naturalization Services for annual reviews of inmate data to determine if the City has housed illegal aliens. Payments to the City for this service under the contract were known as Justice Benefits Program funding. This proposed appropriation represented an additional payment for the Federal 2006 Fiscal Year. The Sheriff proposed to use the additional funding for the Community Services Board inmate substance abuse treatment program. 

(No Speakers)

Vote on Roll Call:

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

Nays: None

Councilwoman McMillan moved adoption of Appropriations, Item B, as shown below; seconded by Councilman Bateman.

A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 AUTHORIZED AND UNISSUED – STORMWATER DRAINAGE ($600,000.00) TO STONEY RUN WATERSHED IMPROVEMENTS ($600,000.00). This resolution appropriated $600,000.00 from Fiscal Year 2008 bonds authorized and unissued for the Stoney Run Watershed Improvement project. Five individual projects located in the watershed were included. These projects reduced the effects of flooding within the watershed. The work involved the design and construction of detention basins to provide storage of runoff during storm events, construction of inlets and storm drainpipes, and widening of existing channels. The Colony Pines Basin would be cleared and the existing channels widened

Vice Mayor Allen disclosed that he owned property on Richneck Road in the vicinity of the planned improvements and advised that he would abstain from the vote.

(No Speakers)

Vote on Roll Call:

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

Nays: None

Abstention: Allen (Owned property on Richneck Road near the planned improvements.)

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

Mr. John M. DeMaria, Sr., 101 Normandy Lane, Newport News, expressed concern about the City Council record being unreliable. Mr. DeMaria felt that directives from City staff were omitted from City Council minutes. He stated the minutes sited a lease agreement with the Menchville Marina that he felt did not appear to be public knowledge. Mr. DeMaria requested an explanation of the parcel of land that is subject to a lease agreement.

Mr. DeMaria expressed frustration with a letter written to Mayor Frank, City Council members, and others, by owners of the James River Marina that sited criticism of the Deep Creek Pier users. Mr. DeMaria felt it was unacceptable and disturbed Newport News citizens that the City government expedited the removal of the pier citing liability concerns that were no longer viable since the City enforced closure of the pier to all previous users. He felt the owners of James River Marina did not have the right to circumvent the democratic process and ask for the pier to be demolished immediately. 

Mr. De Maria referred again to omissions in minutes and indicated that omissions would result in the same type of controversy as the Melzer Land Grant, which the City did not have in its record. He felt it was unacceptable that tax dollars used to build the pier were squandered and agreements not upheld. (A copy of Mr. DeMaria’s remarks are attached and made part of these minutes.)

Mrs. Sheri Melzer, 533 Blount Point Road, Newport News, wife of a waterman, referenced the Deep Creek Pier and stated she wished to clarify information and indicated that she spoke with no malice. She cited a November 3, 2007 Daily Press article titled, “Wrangling at the Waterfront” that discussed a letter to City Council from the co-owners of the James River Marina expressing a desire to add up to 40 slips to the marina once the pier was gone.  Once the pier was demolished the marina would put in a private pier no longer free to the citizens. The same letter urged City Council to stand firm in its decision to dismantle the pier in the quickest way possible, and that further open discussion regarding the repair or replacement of the Deep Creek Pier continued only to rally those hoping for a City facility at the end of Deep Creek Road. Mrs. Melzer quoted the article as saying “they might want to add a restaurant on the water.” Mrs. Melzer’s opinion was that restaurant would have an impact on the wildlife and the uncommon beauty of this tranquil place. Mrs. Melzer indicated that no one in her family had docked a boat at the pier for many years nor did they have a financial interest in the City rebuilding the pier. Mrs. Melzer again cited the November 3, 2007 article suggesting that Mayor Frank had a family interest in the demolition of the pier that should have been disclosed at the beginning of the proceedings.  The article quoted Mayor Frank as saying that he did not see a conflict of interest because he, nor his brother or sister-in-law, had a financial interest in the marina. (Mayor Frank’s brother was married to the sister of the James River Marina co-owner, Jeffrey DeYoung.)  Mrs. Melzer stated the citizens should have been given the opportunity to judge for themselves. She asked who would benefit if the pier remained and responded, the citizens; who would benefit if it goes, the James River Marina.

Mrs. Melzer thanked City Council for listening to the DeMaria family’s concerns and received gratification from Council comments. 

Mr. John Atkinson, 135 Sloane Place, Newport News, provided a packet of information to City Council members (A copy of which is attached and made part of these minutes).  Mr. Atkinson reminded the Council members that the pier at Deep Creek was built by the City of Newport News in 1959 specifically for watermen, as a result of the need for such an amenity, which was Bonniebelle Amory Melzer’s reason for donating the land. He stated that according to documents he found in the Department of Engineering, in 1956 the Federal Deep Creek Project dredged the creek, the entrance channel to the creek and 1.7 miles out into the river, specifically for commercial activities. The City entered into agreements with the United States and the Army Corps of Engineers requiring the City to maintain adequate facilities for the project area. Mr. Richard Kline, of the Norfolk Army Corps of Engineers, advised Mr. Atkinson that the agreements were legally binding and the City must keep its end of the agreement or the dredging would not continue.

Mr. Atkinson felt that City officials had implied that they had gone above and beyond to serve the watermen when in his opinion; they avoided their responsibilities in this regard.  He stated the City had skirted its promise to Mrs. Melzer and it was doing the same with its promises to the Federal government. The Deep Creek Land Grant from Mrs. Melzer was not intended to serve a private marina just as the dredging was not done to solely benefit recreational boating.  In conclusion, Mr. Atkinson quoted a paragraph from the Army Corps of Engineers letter and referenced numerous sections of the Agreement between the United States of America and the City of Newport News, Virginia (A copy of which is attached and made a part of these minutes).

Mr. Haskins requested a copy of the resolution referenced in the documents.

Mr. William Pelkey, 556 H Loch Ness Drive, Newport News, inquired about the request of Ms. Ruth Winthrow during the October 9, 2007 Regular City Council meeting to include the Deep Creek Pier as a priority in the Capital Improvements Plan.  He stated that Mayor Frank replied that the City Manger was required to submit his recommended Capital Improvements Plan to the City Council in November.  Mr. Pelkey indicated that he had spoken to Councilwoman McMillan, who informed him that the matter had been discussed.  He requested a brief summary of the Deep Creek Pier’s potential place in the Capital Improvement Plan.

City Manager Hildebrandt responded that City Council had discussed cost estimates for the pier, although it was not included in his recommendations for the Capital Improvements Plan and City Council would have to include that funding in that plan should they choose to proceed.  He stated that the cost estimates for the Pier would be discussed at a future Work Session, and City Council would decide whether investments would be made at the Deep Creek location or at the Menchville Marina mooring area.  He reminded City Council that $300,000 was appropriated to begin the bulkhead improvements at the Menchville wharf, which was the first phase of many improvements should City Council invest public dollars at that location.

Mayor Frank asked Mr. Hildebrandt to place the Deep Creek Pier on a Work Session agenda so there would be a full discussion.

Vice Mayor Allen reminded Mr. Pelkey that the Capital Improvements Plan being studied by City Council would commence in July of 2008.  If the pier were approved by City Council, it would mean that construction would begin prior to that Capital Improvements Plan being put into action.

Mr. William Philips 1068 Palmerton Drive, Newport News, voiced concerns about the Deep Creek Pier.  Although he was not a waterman nor related to waterman, he remembered the City as it was many years ago and reminisced about the landmarks that had gone away. Mr. Philips expressed concern that the City government was not listening to taxpayers.  He wanted his grandchildren to understand how government worked and when one opposed the actions of the government, they should speak out.  He felt that the issue of the pier was about traditions and Newport News, and the City of Warwick. He stated the Deep Creek Pier meant more than watermen and financial interests.

Mr. Bob Jones, 313 Crittenden Lane, Newport News, expressed frustration with having to pay for using a private money-making marina when the City had land donated by a citizen to provide a boat ramp and parking.  He stated that he would hate to see the pier demolished and would do anything in his power to prevent the City from shirking its responsibility to maintain the pier.

Ms. Carol Hogge, 3 Gay Drive, Newport News, shared a personal experience with the Deep Creek Pier in 1999. She and her husband were at Deep Creek Pier checking on their boat when Hurricane Floyd struck. Due to high water and heavy winds, they were stuck on the boat for four hours.  Ms. Hogge reminded City Council that the Deep Creek pier did not lose any boards during Hurricane Floyd or Isabel and that it was in a protected place. This was a testament to the Deep Creek Pier’s strength and its importance to the public. She asked the City to rebuild the pier and not displace watermen.

Mayor Frank reminded the citizens who had attended City Council meetings for the 20 years he had served on Council, that if there was any suggestion of a conflict of interest, he had always disclosed it and, if appropriate, abstained from voting on the issue. He indicated his relationship with the co-owner of the James River Marina was so far removed from any known conflict of interest acknowledged by the law or any source, he never thought to disclose it. He explained that the co-owner of the marina was his brother’s wife’s brother. Mayor Frank stated that he had no interest, financial or otherwise, in the marina. He stated that the City Attorney did not see a conflict of interest. Mayor Frank stated had the reporter asked the Daily Press attorney to provide an opinion, the reporter would have then seen there was no conflict. Mayor Frank further reminded that he was the member of Council that asked the City Manager to conduct a study on the cost and replacement of pier, which he would not have done if he had an interest in the demolition of the pier.

Councilman Haskins commented that Mayor Frank was a man of integrity. He stated that although he had not always agreed with Mayor Frank on all issues, his integrity could not be challenged.

8. New Business and Council member Comments

City Attorney Stuart Katz advised that he consulted General Assembly laws regarding the State Conflict of Interests Act, which were the conflict of interest rules that superseded all local rules. The General Assembly stated that if an elected official had a financial interest in a matter, they must abstain from the vote. He shared the definition of an immediate family member and confirmed that Mayor Frank had not acted inappropriately as there was no financial interest of an immediate family member, spouse or any other person residing in the same household. Mr. Katz indicated that he felt compelled to make the General Assembly rules known to those who questioned the actions of Mayor Frank.

Mayor Frank wished all a Happy Thanksgiving. He encouraged everyone to take time to reflect on all that we have to be thankful for, and to remember those less fortunate.

Mayor Frank asked City Council to support a motion that would grant City employees an additional one half day on Monday, December 24, 2007 to extend the Christmas holiday, and one full day on December 31, 2007 to extend the New Year’s holiday.  He advised that currently employees were given one-half day on Christmas Eve (Monday, Dec. 24) and a full day for Christmas Day (Tuesday, Dec. 25), with New Years Day (Tuesday, Jan. 1) off.

Vote on Roll Call:

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

Nays: None

Councilman Haskins indicated that he had received many complaints about the Virginia Department of Transportation (VDOT) and the road projects in the City. He complimented VDOT on its coordination of the Warwick Boulevard Widening Project. It was his feeling that VDOT had done a tremendous job of repairing the roads, facing the complexity of projects and managing to keep traffic flowing.

Councilwoman McMillan wished Mayor Frank a Happy Birthday.

Councilwoman McMillan advised citizens about the Virginia Department of Transportation (VDOT) public hearing regarding the design of Atkinson Way scheduled for November 15, 2007 from 4-7 p.m. at Mary Passage Middle School, 400 Atkinson Way in Newport News. She encouraged the citizens to attend to the hearing to view and provide comments on the plans. 

Councilwoman McMillan extended Happy Thanksgiving wishes to all.

Councilwoman Scott announced the North District Town Hall meeting scheduled for November 26, 2007, 7 p.m. at the American Legion Post 368, 368 American Legion Drive. She advised that Mr. Everett Skipper, Assistant Director, Department of Engineering, would advise about various road projects. 

Councilwoman Scott wished one of her constituents, Ms. Rebecca Harrod, a speedy recovery.

Councilwoman Scott extended Happy Thanksgiving wishes to all. 

Vice Mayor Allen wished Mayor Frank a Happy Birthday.

Vice Mayor Allen extended Happy Thanksgiving wishes to all.

Councilman Bateman extended Happy Thanksgiving wishes to all. 

Councilman Bateman commended the Virginia Department of Transportation (VDOT) on its coordination of the Warwick Boulevard Widening project and on the remarkable job of keeping the intersection of J. Clyde Morris open during construction. 

       Pamela L. Foshee                                      Joe S. Frank

       Deputy City Clerk                                          Mayor

                                                                       Presiding Officer