OF THE NEWPORT NEWS CITY COUNCIL

2400 WASHINGTON AVENUE

7:30 P.M.

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

1. The invocation was rendered by Pastor Jacquelyn Parham Foster, Transformation Worship Center and Chaplain at RiversideHospital.

2. The Pledge of Allegiance to the Flag of the United States of America was led by members of Troop #303 of the Heritage District of the Boy Scouts of America.

3. Public Hearings 

(a) Conditional Use Permit CU-07-235, Miracle Temple Baptist Church

Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-235 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF ALLOWING AN OFF-SITE CHURCH PARKING LOT ON A SITE ZONED R4 SINGLE FAMILY DWELLING. He advised this would grant a Conditional Use Permit for the construction of an off-site church parking lot on three parcels of property totaling 0.51 acres located at 622, 624 and 638 32^nd Street, that were zoned R4 Single Family Dwelling.  The Planning Commission voted 9:0 to recommend to City Council the approval of this conditional use permit application, and the City Manager concurred with that recommendation.

(No Speakers)

Mr. James Corbett, Attorney for the applicant, was available for questions.

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

Vote on Roll Call:

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

Nays: None

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

Vote on Roll Call:

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

Nays: None

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Minutes of Regular Meeting

3. Public Hearings Continued

(b) Sign Ordinance Amendment SIGN-07-82, City of Newport News

Mayor Frank presented AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33.01, SIGNS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., GENERAL REGULATIONS, SECTION 33.01-6, PERMITTED SIGNS; NUMBER, SIGN AREA, HEIGHT AND PLACEMENT. He advised this amended the City’s Sign Ordinance text to add additional flexibility under the planned development flexibility option to permit small museums to apply for this option and would permit collocation of off-premises signs; provide a reduction in the number of off-premises signs that could be requested, and implement an application fee of $800 for each sign. The Planning Commission voted 9:0 to recommend to City Council the approval of this Sign Ordinance text amendment, and the City Manager concurred with that recommendation.

(No Speakers)

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

Vote on Roll Call:

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

Nays: None

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

Vote on Roll Call:

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

Nays: None

4. Consent Agenda

Councilwoman McMillan moved adoption of the Consent Agenda, Items b and c, as shown below; seconded by Councilman Whitaker.

(b) Minutes of Special Meeting of November 13, 2007

Vote on Roll Call:

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

Nays: None

(c) Minutes of Regular Meeting of November 13, 2007

Vote on Roll Call:

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

Nays: None

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Minutes of Regular Meeting

4. Consent Agenda Continued

Vice Mayor Allen requested that the minutes be changed to reflect that he “apologized sincerely” as opposed to “apologized profusely” to Councilwoman McMillan during the discussion on the Memorandum of Understanding with JamesCityCounty concerning the Route 60 project.

Vice Mayor Allen moved adoption of Consent Agenda Item (a) as amended; seconded by Councilman Whitaker.

(a) Minutes of Work Session of November 13, 2007

Vote on Roll Call:

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

Nays: None

5. Warwick Boulevard (Route 60) Relocated Project Memorandum of Agreement with JamesCityCounty

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 ADMINISTRATION AGREEMENT BY AND BETWEEN THE COUNTY OF JAMES CITY, VIRGINIA, AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 27^TH DAY OF NOVEMBER, 2007, TO ADMINISTER THE ROUTE 60 EAST RELOCATION PROJECT. This resolution authorized the execution of a Memorandum of Agreement with JamesCityCounty to administer the Route 60 Relocation Project pursuant to the Public – Private Transportation Act (PPTA) of 1995. The realignment of Route 60, a planned transportation improvement adopted in the Newport News Comprehensive Transportation Plan, would extend this highway from Ft. Eustis Boulevard, in Newport News to a point beyond GreenMountIndustrial Park in JamesCityCounty. JamesCityCounty had partnered with the Virginia Department of Transportation (VDOT) to locally administer this project and seek reimbursement from the Federal Highway Administration and VDOT. Funding for actual construction was not yet available, but $49 million was available to initiate the design and right-of-way phases. As proposed in the agreement, James City County, in accordance with VDOT’s PPTA guidelines, would review PPTA proposals, award a contract for the project and subsequently manage project implementation. The City Manager indicated there was concern whether this project would have an impact on Ft. Eustis Boulevard. He proposed that the City move forward with this agreement, and that City staff look at what the requirements would be to make improvements. He pointed out that the terms of this agreement were only through the design and acquisition phase and that both parties must submit written notice of their intention to extend and amend the agreement for the future phases of utilities relocation and construction. Council would have an opportunity to make a policy decision at the end of the design phase. The City could do some analysis to determine what improvements would be necessary.

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Minutes of Regular Meeting

5. Warwick Boulevard (Route 60) Relocated Project Memorandum of Agreement with James City County Continued

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

Vote on Roll Call:

Nays: Haskins

6. Assignment of Fountain Plaza Two Retail Space Subleases to the Newport News Economic Development Authority

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 SUBLEASE DATED THE 27TH DAY OF NOVEMBER, 2007, BY AND AMONG THE CITY OF NEWPORT NEWS, VIRGINIA (TENANT) THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA (SUBTENANT), AND FOUNTAIN PLAZA TWO, L.L.C. (LANDLORD), AND CERTAIN OTHER ACTIONS RELATED TO SUBLEASES FOR THE FOUNTAIN PLAZA TWO BUILDING. This ordinance assigned the subleases of the Fountain Plaza Two retail spaces to the Newport News Economic Development Authority (EDA). These were existing subleases and involved four first-floor retail spaces totaling 6,300 square feet. The four subtenants paid the City lease rates comparable to the City’s master lease rate, and paid their own utility and janitorial expenses. The restaurant sublease, containing 4,442 square feet, expired November 27, 2007, and it was anticipated that the EDA would renew the sublease for a one-year period. The EDA would manage these day-to-day retail subleases on behalf of the City to include sublease negotiations, establishment of lease rates, collection of payments, as well as provide services necessary to assist these retail businesses in operating profitably and maintaining timely sublease payments. A copy of the floor plan was added and made a part of these minutes.

City Attorney Stuart Katz advised that this ordinance addressed two matters: (1) a sublease from the City, who was a tenant at Fountain Plaza Two to the EDA for the space currently occupied by The Lunch Bell; and (2) an assignment to the EDA to manage the other spaces, including the Credit Union’s ATM machine.

Mayor Frank inquired whether there was a need to get consent for this assignment. City Attorney Katz replied that the ordinance stated it was subject to the consent of the landlord.

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

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Minutes of Regular Meeting

November 27, 2007

6. Assignment of FountainPlaza Two Retail Space Subleases to the Newport News Economic Development Authority Continued

Vote on Roll Call:

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

Nays: None

7. Hampton Roads Regional Sanitary Sewer Overflow Consent Order

A. Appropriation of Funding

A RESOLUTION APPROPRIATING FUNDS FROM GENERAL FUND RESERVES ($3,500,000.00) TO HAMPTON ROADS REGIONAL CONSENT ORDER ($3,500,000.00). This resolution appropriated $3.5 million from General Fund Reserves to a comprehensive professional sanitary sewer evaluation study in compliance with a special Consent Order with the Virginia Department of Environmental Quality. This professional study would be a manpower intensive process in which flow meters were installed in sewer lines throughout the City to analyze wet weather flow. The professional services contract required the selected engineering firm to conduct the study and manage much of the content requirements specified in the Consent Order. The total technical and engineering services required by the Consent Order were expected to cost between $6 and $8 million. City Manager Hildebrandt advised of his intention to come back to City Council with a permanent financing approach for this particular project to decide whether or not to turn this money to reserves through another source of revenue. He expressed the urgency to move forward with the appropriation and enter into the contract because this portion of the project was to be completed by December 2008.

Mayor Frank stated this was a major unfunded mandate from the federal government. He indicated that the Environmental Protection Agency (EPA) decided to take a close look at stormwater and sewage overflow during storms and forced the City into litigation or join with other communities in Hampton Roads and the Virginia Department of Environmental Quality to enter into this Consent Order. The follow-up began a process, which included studying the capacity and the weaknesses in our system; have a plan to fix and implement the plan. Newport News had been working on its sanitary sewer systems for many years. Mayor Frank stated the City was a part of this requirement from the EPA and was forced to spend the money. It was not expected, or previously budgeted or anticipated.

(No Speakers)

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

Councilman Haskins advised that the taxpayers were being forced by the EPA to spend an additional $3.5 million to satisfy the EPA on stormwater runoff into the sewer. He announced that the City had spent a great deal of money on the sewers and had been good about trying to keep good adequate sewers for the citizens and were forced now to spend an additional amount of the local taxpayers’ money to do what the federal government would not fund.

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Minutes of Regular Meeting

November 27, 2007

7. Hampton Roads Regional Sanitary Sewer Overflow Consent Order Continued

A. Appropriation of Funding Continued

Mayor Frank added that these things were inevitable and this was not frivolous work as it needed to be addressed. He reiterated there was no federal money available. This was a federal enforcement program by which the City was bound.

Vice Mayor Allen stated this was the 1965 Clean Water Act and was not new. The Chesapeake Bay and the waterways of this state and region continued to deteriorate because of the dumping of pollution in those waterways, which served many purposes, i.e. a food source. Vice Mayor Allen further stated that at the time this Act was incorporated, funds were available from the federal government through grants for sewer treatment plants, for sewer systems, and other things. The City basically delayed doing something that was asked forty years ago. The federal government decided to enforce the law.

Vote on Roll Call:

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

Nays: None

B. Execution of Professional Engineering Services Agreement

A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND BROWN AND CALDWELL DATED THE 27^TH DAY OF NOVEMBER, 2007, FOR THE DEVELOPMENT OF A SANITARY SEWER EVALUATION SURVEY PLAN. This resolution authorized the execution of a professional engineering services agreement with the firm of Brown and Caldwell to conduct the City’s     comprehensive sanitary sewer evaluation study in compliance with the Hampton Roads Regional Sanitary Sewer Overflow Consent Order. This firm was selected from a Request for Proposal that was issued by the City in September 2007. The City’s Architectural & Engineering (A & E) Selection Committee ultimately selected Brown and Caldwell by unanimous recommendation. Brown and Caldwell were instrumental in assisting the Hampton Roads localities with the development of the technical standards outlined in the Consent Order.

(No Speakers)

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

Vote on Roll Call:

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

Nays: None

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Minutes of Regular Meeting

November 27, 2007

8. Endorsement of Authority to allow Newport News Economic Development Authority to Participate in Limited Liability Companies

A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, AMENDING RESOLUTION NO. 11515-07 FOR THE PURPOSE OF AMENDING THE NEWPORT NEWS 2008 LEGISLATIVE PROGRAM. This resolution supported the request of the Economic Development Authority (EDA) of the City of Newport News to the General Assembly to modify its powers to allow participation in Limited Liability Companies. Subsequent to City Council’s approval, this requested expansion of authority was to be presented to the 2008 General Assembly for consideration. The ability of the EDA to partici-pate in Limited Liability Companies would strengthen its ability to participate in redevelopment initiatives by offering partnering opportunities with private land owners. The EDA would continue to be subject to compliance with all of the Virginia Freedom on Information statutes under which it operates.

(No Speakers)

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

Councilwoman Scott expressed concern that this action might pull the City into projects that were not affordable. She inquired whether this action placed the City in the real estate business for profit.

City Manager Hildebrandt responded that one of the strategies to be used was when the EDA or the City owned some land that was in a redevelopment area, but most land was privately held, the City might be able to have a Limited Liability Company created so that the private landowners could participate. The City could participate for its share of the land it owned and therefore assemble a development site without relying on public dollars to acquire all of the land; otherwise the City would have to acquire the land in order to make it available. This action allowed the City to bring property owners together in order to do a redevelopment project of the scale discussed.

Mayor Frank provided the following illustration: the City owned a piece of land worth $2 million and there was land around it owned by private developers. Two had a piece of land worth $1 million each. If the City had an LLC, the City would have fifty percent of this, the two private owners would each have twenty-five percent. The City would not have to buy the land from the two private owners. They could contribute the land in-kind as their contribution to the limited liability company. When the property was ready to be developed or sold to an end-user, everyone would get their money out of it and no money would have to be advanced.

Councilwoman Scott stated the City was not building things, but actually acquiring properties.

Mayor Frank advised this action may not happen, but was only a tool.

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Minutes of Regular Meeting

November 27, 2007

8. Endorsement of Authority to allow Newport News Economic Development Authority to Participate in Limited Liability Companies Continued

Vice Mayor Allen inquired about the EDA being able to do this without Council approval. The enabling legislation stated the EDA could do things without Council approval, the IDA could not. He expressed concern that the EDA could incur that liability without direct approval of the City Council.

City Manager Hildebrandt shared his proposal to bring Council a policy after the General Assembly acted, that required the EDA to come to the City Council for concurrence on any Limited Liability Companies that it would partner in with. He stated the EDA had no issue with this since they had always come to the City for consultation on property that was conveyed to them for development or redevelopment.

Vice Mayor Allen inquired whether the City Council could impose that section if it were not in the enabling legislation. City Attorney Katz replied yes. He stated the enabling legislation was to ask the General Assembly to change Acts of Assembly as to the power for the EDA. The City Council’s relationship was independent of that. He felt a policy could be established that would have the EDA report to City Council for consent to enter into such a transaction without it being in the request made to the General Assembly.

Vice Mayor Allen questioned whether the EDA was required to come to City Council once the enabling legislation was adopted by the General Assembly. City Attorney Katz responded they would because of the relationship between the City Council and the EDA. City Council appointed the members of the EDA and there were other policies and procedures in place with that entity and with the IDA. He stated the General Assembly did not give the IDA the same powers and authority that the EDA Act gives EDA. The EDA was the vehicle to do an LLC, not the IDA.

                       

Vote on Roll Call:

Nays: McMillan, Allen

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

Ms. Sheri Melzer, 533 Blount Point Road, Newport News, mentioned that petitions were turned in at the November 13, 2007 Regular Meeting of City Council, and included over 900 signatures in support of the Deep Creek Pier, showing the public’s desire for a public pier at the end of Deep Creek Road. She stated when Bonniebelle Amory Melzer made her land grant to WarwickCounty, making access to the DeepCreekHarbor possible, it was under the condition that a public pier would be built and maintained at the end of Deep Creek Pier. The watermen, her family, and a large segment of the public hoped the promise made to Bonniebelle Melzer would be kept. She further indicated that the business at the end of Deep Creek Road would not exist, nor would the taxes that the City enjoys as a result, would not be available. Ms. Melzer stated if there were no public pier at the end of Deep Creek Road, Bonniebelle Melzer’s land grant would be taken away from the majority of the public. She indicated that everything at the end of Deep Creek Road would be private, and the general public would most likely be

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Minutes of Regular Meeting

November 27, 2007

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

banned from access to the water.  Ms. Melzer stated the watermen were in a bad situation at Menchville and had concerns about being displaced when the City begins restoring the bulkhead. She suggested rebuilding the Deep Creek Pier prior to the restoration on the Menchville side of the Harbor. She pointed out that public access to the water was slowly disappearing. The supporters of rebuilding the Deep Creek Pier requested that the City rebuild the pier for the citizens and avoid making the end of Deep Creed Road private, thus making the water unavailable to the public. Ms. Melzer expressed hope for a public pier at the end of Deep Creek Road.

Mayor Frank advised that City Council discussed the Deep Creek Pier at its earlier Work Session of November 27, 2007, and asked the City Manager to take further steps with regard to the same.

City Manager Hildebrandt reported that City Council agreed at its Work Session to ask staff to develop a preliminary design plan for a pedestrian pier, not a pier that would be used for watermen to tie up to. The idea would be to bring the matter back to City Council for consideration and to share the design with the community and with the property owners in that area to receive input. He stated it seemed to be the intention of City Council to move forward with the funding of the project, if the concerns of the property owners and parking could be met. The project would provide public opportunity to use the pier, not for fishing, but for watching the sunset, sitting on the harbor, etc. City Manager Hildebrandt advised that a historical marker would be created on the pier, as well as recognition of the history of the harbor and of the Deep Creek Pier, and the fishing industry in that area.

Councilwoman McMillan inquired about the inability to allow fishing from the pier. City Manager Hildebrandt replied that the intention was not to allow fishing as that would change the dynamics of the parking requirements. The idea would be to have the pier as a pedestrian, non-active recreational facility. 

Mayor Frank responded that City Council had not acted on that, but had asked the City Manager to present plans and costs for review, to present the same to the community, to hold public hearings to allow citizen input, and to bring the proposal back to City Council for consideration.

Mr. C. W. Powell, 3 Gay Drive, Newport News, expressed his opinion that the construction of a pedestrian pier at Deep Creek would be a waste of public money. He indicated there was a “walking pier” at City Farm which people were unaware of, which was a waste of taxpayer’s money. He further expressed support to rebuild the Deep Creek Pier.

                       

Ms. Carol Hogge, 3 Gay Drive, Newport News, reviewed components of the Deep Creek Land Use Plan, which included the creation of a major community park overlooking the James River, development of a center for seafood activities on Deep Creek Harbor, and preservation of the historic character of the area (a copy is attached and made a part of these minutes).   The Virginia Chapter of the American Planning Association had selected Newport

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Minutes of Regular Meeting

November 27, 2007

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

News’ Deep Creek/Menchville Plan for recognition as part of its 1990 Planning Awards Program.

Ms. Hogge shared photographs of the DeepCreekHarbor showing previous time periods, uses and activities on the pier, as well as the Menchville pier, which was in bad disrepair (attached and made a copy of these minutes).

Mr. John Gergeley, 449 Winterhaven Drive, Newport News, advocated keeping the Deep Creek Pier because of its heritage and historical importance to the City. He stated that a pedestrian pier was not the citizens’ solution of choice. He urged the City to rebuild the Deep Creek Pier.

City Manager Hildebrandt presented A RESOLUTION APPROPRIATING FUNDS FROM GENERAL FUND RESERVES ($10,000.00) TO NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY ($10,000.00). He advised this resolution appropriated $10,000.00 from FY 2007 Reserves for use by the Newport News Redevelopment and Housing Authority (NNRHA) to obtain clear title to the Friends of the Homeless Emergency Shelter property located at 1600 25^th Street.

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

Mayor Frank explained that the NNRHA conveyed this building to the Friends of the Homeless many years ago. There was a mortgage on the building of approximately $155,000.00 that the Friends of the Homeless had not paid back. The NNRHA negotiated with the bank to bring that amount down to $10,000.00. For $10,000.00, the City regains ownership of the building. Whether the building would be used for a homeless shelter, or another purpose, was being studied. This appropriation would clear the title and get the bank out of it, and regaining ownership of the building would allow that flexibility.

Vote on Roll Call:

Nays: Bateman

City Manager Hildebrandt reminded citizens, residing in the 1^st Congressional District, of a special election on December 11, 2007 to fill the seat vacated by the untimely death of Congresswoman JoAnn Davis.

Vice Mayor Allen congratulated Councilman Joseph Whitaker on his run for diabetes held on November 17, 2007. He stated that Councilman Whitaker was recognized in the Daily Press for this noble effort. Vice Mayor Allen encouraged those citizens who were able, to make donations to this campaign to the American Diabetes Association.

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Minutes of Regular Meeting

November 27, 2007

THERE BEING NO FURTHER BUSINESS, ON MOTION, COUNCIL ADJOURNED AT 8:22 P.M.