OF THE NEWPORT NEWS CITY COUNCIL

2400 WASHINGTON AVENUE

7:30 P.M.

 

PRESENT: Charles C. Allen; Herbert H. Bateman, Jr.; Joe S. Frank; Madeline McMillan; Sharon P. Scott; and Joseph C. Whitaker; -------------6

ABSENT:   William F. Haskins-------------------------------1

1.  The invocation was rendered by Reverend Doctor Howard Jones, World Victory Church.

2.  The Pledge of Allegiance to the Flag of the United States of America was led by Vice Mayor Charles Allen.

                        MAYOR FRANK ASKED THE AUDIENCE TO JOIN IN A MOMENT OF SILENCE IN MEMORY OF U.S. CONGRESSWOMAN JOANN DAVIS, WHO PASSED AWAY ON SATURDAY, OCTOBER 6, 2007. Mayor Frank shared that Congresswoman Davis was a great leader in the Congress, and a wonderful representative of the community who was highly regarded and respected. He wished the family God’s solace and comfort in the difficult days ahead. Mayor Frank requested that the City Attorney prepare a Resolution in Memoriam for Congresswoman Davis on behalf of City Council. He further requested that the City Manager send flowers to the family of Congresswoman Davis on behalf of City Council.

MOTION MADE BY COUNCILWOMAN MCMILLAN; SECONDED BY VICE MAYOR ALLEN; AND CARRIED UNANIMOUSLY TO EXCUSE COUNCILMAN HASKINS FROM THIS MEETING.

            3.         Consent Agenda

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

(a)        Minutes of Work Session of September 25, 2007

(b)        Minutes of Special Meeting of September 25, 2007

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Minutes of Regular Meeting

3.         Consent Agenda Continued

(c)        Minutes of Regular Meeting of September 25, 2007

(d)        Resolution of Recognition – NASA Langley 90^th Anniversary

A RESOLUTION OF RECOGNITION - NASA Langley 90^th Anniversary. This resolution recognized NASA Langley on its 90^th Anniversary. The Nation’s first civilian aeronautical research laboratory was established in 1917 by the National Advisory Committee for Aeronautics in Hampton, Virginia, and was named the Langley Memorial Aeronautical Laboratory.

            (No Speakers)

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

(a)          Technology Equipment and Services – Circuit Court Clerk’s Office

A RESOLUTION APPROPRIATING FUNDS FROM STATE COMPENSATION BOARD – TECHNOLOGY TRUST FUND FEE ($87,700.00) TO CIRCUIT COURT CLERK ($87,700.00). This resolution appropriated $87,700.00 of revenue from the State Compensation Board for technology equipment and services for the City’s Circuit Court Clerk. The State Compensation Board was responsible for allocating these trust funds to local Circuit Court Clerk’s offices specifically for technology related purchases. This funding will be used specifically to purchase a format scanner, computers, and licensing and software maintenance fees. No local match funding is needed.

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Minutes of Regular Meeting

4.         Appropriations Continued

(b)        Security Cameras for Schools

A RESOLUTION APPROPRIATING FUNDS FROM CIP-CASH CAPITAL SUPPORT ($1,600,000.00) TO SECURITY CAMERAS FOR SCHOOLS ($1,600,000.00). This resolution appropriated $1.6 million from the Cash Capital Support portion of the City’s Fiscal Year 2008 Operating Budget for security camera systems for the City’s middle and high Schools. This funding request was supported by Dr. Ashby Kilgore, Newport News Public Schools Superintendent and proposes to use funds originally allocated for school bus replacements. The installation of these security camera systems in the City’s middle and high schools was one of the initiatives espoused by the City’s Violence Reduction Task Force. The School Division achieved new efficiencies in school bus routing, therefore making this funding available for re-allocation, with no increase in budgeted expenditures.

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

                  Mr. C. W. Powell, 3 Gay Drive, Newport News, stated the Deep Creek Pier was missed. He expressed concern about the safety for the watermen using the Menchville side of Deep Creek.

                        Mr. John M. DeMaria, 101 Normandy Lane, Newport News, presenting facts with the wisdom of age about the Deep Creek Pier, commented on a positive letter received from Mayor Frank, which addressed points not candidly disclosed in the past, and his request of the City Manager to include a plan to rebuild the Deep Creek Pier as part of the Capital Improvements Plan. Mr. DeMaria was pleased that the Mayor was mindful that the family and many supporters wanted to preserve the legacy of Mrs. Bonniebelle Amory Melzer and her vision for Deep Creek Pier. He stated that the land grant was a promise and agreement with WarwickCounty officials in 1933 that Deep Creek Pier would be built and maintained forever for watermen and citizens, fee free for its use. Mr. DeMaria further expressed his opinion that the City did not provide adequate maintenance of the Deep Creek Pier, which caused the deteriorated conditions of the pier, i.e. Mr. Michael Poplawski, Director, Department of Parks, Recreation and Tourism, had declared the pier abandoned for seven years (see a copy from the 2000 Framework for the Future, attached and made a part of these minutes, as distributed by Mr. DeMaria). He further expressed concern about a letter to the editor from City Manager Randy Hildebrandt, expressing his position about condemned properties, and the need for compliance with City Codes. Mr. DeMaria questioned the enforcement of these Codes when the City had the responsibility to maintain the Deep Creek Pier. Because there was no documentation of the promises of the land grant, the governance must be faulted, as they were responsible for safeguarding the documents. Mr. DeMaria disclosed that $16 million was earned from 1986-1988, from oyster harvesting, which

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Minutes of Regular Meeting

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

was accrued, funded, and built many City infrastructures. Given this amount of funding, the City should expeditiously repair or rebuild the pier, fee free. He stated there was no intent by the grantor to provide access to the Deep Creek Pier harbor shoreline that would only benefit the marina and restaurant should Deep Creek Pier be destroyed and removed. While the destruction would not honor the grantor, it would dishonor City governance. Mr. DeMaria chastised the City Manager and the Director of Parks, Recreation and Tourism, for unscrupulous media posturing and recommendations.

Ms. Carol Hogge, 3 Gay Drive, Newport News, shared a map of the Deep Creek harbor, which showed where the Pier was in a frozen state, and the Menchville side was in the channel, on the part that was not frozen. Ms. Hogge displayed a number of pictures of the area, from the 1980s to present, including a picture of a number of boats in the Menchville Marina. She questioned why the legacy of BonnieBelle Melzer was not being adhered to. Ms. Hogge questioned the transfer date of the Deed, June 29, 1983, which showed “sale,” but no dates were listed, nor price, or deed book page. She asked for an investigation.

Councilman Bateman visited the Menchville Marina and recognized the difficulty with oyster boats being parked in the channel. He advised that the City Manager would address some of the concerns.

Mr. John J. Procyson, 305 Normandy Lane, Newport News, commented on the Hogge Pond Development. He shared that he had received informal information that indicated that Hogge Pond was privately owned. He questioned, if the Hogge Pond was privately owned, why the City was paying nearly $2 million to fix flooding caused by a private pond. Mr. Procyson further inquired whether the creation of the Hogge Pond have City or State approval, and were environmental studies completed. Mr. Procyson read from a August 25, 2007 Daily Press article where Mayor Frank was quoted as follows, “Set your clocks for the year 2000. That’s when the Peninsula will begin to run out of water.” Mr. Procyson cited the following examples of how he felt City government spread fear: (a) Give us the money for a reservoir, or you won’t have a drop to drink; (b) Give us billions of dollars for tunnels and roads, or sit in gridlock forever; (c) Give us tens of millions of dollars for economic development, or you won’t have a job. He insisted that Council stop using fear as a tactic to frighten citizens into supporting  City plans.

Ms. Ruth Withrow, 381 Barclay Road, Newport News, requested an explanation of the process for the FY 2008 CIP, and requested assurance that the Deep Creek Pier would be in the CIP. Ms. Withrow remarked that it should be considered priority. She stated the City was resourceful in finding funds and grants where needed. She stated, in her own research, she too had come across different grants offered through the State that could be available and helpful. Ms. Withrow noted the matter would be complete by Spring 2008. Under the circumstances, she inquired whether this completion date would be upheld.   Ms. Withrow questioned the expenses proposed for improving the Menchville wharf mooring area and inquired about the rush to fix Menchville, when all of the boats which left Deep Creek went to Menchville and no one would have a place to go.

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Minutes of Regular Meeting

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

Mayor Frank replied that the City Manager was required to present his recommended Capital Improvement Plan to the City Council in November 2007. Mayor Frank had requested that the City Manager include an analysis of what it would cost to replace the pier, and as additional components of that, add the parking issues, bathroom issue, and the disposal of waste from the ships. How that falls into the priority of City Council, was a matter of City Council to decide as they deliberated the CIP and the Manager’s recommendations. They requested information on the cost to do all mentioned to help inform the Council’s decision. The cost may be prohibited. The cost to do part of that may not be. Mayor Frank further explained that once the plan is approved by City Council, each individual item would have to be appropriated. How this was prioritized would be a decision for City Council once they had the facts.

Ms. Withrow inquired whether available grants would be researched, and whether staff would accept suggestions from citizens. City Manager Hildebrandt responded that staff would be more than happy to follow up on any opportunities for grants for the project.

Ms. Withrow indicated the fear was that the project would be placed on the back burner. Mayor Frank responded that Council would conscientiously do their best, but reminded there were many competing demands. He stated that Council would balance the priorities, but would not make promises. He further indicated there was a process that must be followed, which began with the City Manager providing information to City Council that could be evaluated and judged, before making the decision about what they could afford to do given the other responsibilities. Finding grants would make it that much easier.

Ms. Withrow quoted from the 2000 Framework for the Future with reference to Deep Creek Pier. “The history of the area is entrenched in its seafood legacy because of its strong financial hold during Colonial times. The 1680 General Assembly created the WarwickTown on a 50-acre site overlooking the mouth of the WarwickRiver and Deep Creek, in order to consolidate WarwickCounty’s scattered population.” It was suggested “to support the Deep Creek/Menchville Plan recommendation to preserve DeepCreekHarbor for working watermen.” Ms. Withrow reminded that it had been recommended prior to the recent issue.   Ms. Withrow quoted from the Mayor’s 2007 State of the City address, “The English author and poet James Allen, said ‘vision is the promise of what you shall one day be.’” Dr. Martin Luther King was quoted where he spoke of “an inclusive community where all are valued and all are welcomed.” 

6.         New Business and Councilmember Comments Continued

City Manager Randy Hildebrandt provided a verbal report on actions to demolish the Deep Creek Pier, and $350,000.00 in planned improvements on the shoreline for the Menchville wharf. The City owned seven acres of land, and an extensive amount of that waterfront. He reminded that many watermen had been served for a number of years. The condition of the facility was bad and that the City needed to begin the investment in the property by doing the shoreline stabilization, and would look at what kind of wharfing facility would be appropriate for the support of the watermen and the industry. There was support for keeping the

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Minutes of Regular Meeting

6.         New Business and Councilmember Comments Continued

watermen active and having facilities in that harbor. The issue was where this could best be accommodated. This decision would be brought forward as a part of the CIP. He also outlined staff’s directions for presenting alternatives for providing mooring space in the forthcoming Capital Improvements Plan.

Vice Mayor Allen restated his understanding that the City had torn down the Menchville Pier and planned to build the bulkhead at Menchville, and the people were saying that both would occur to their detriment unless the City worked in phases. The residents were asking the City to phase the development, since the Deep Creek Pier was torn down and they could not use it, they were asked to use the Menchville Pier, and now the City was about to tear it down to rebuild the bulkhead. The citizens were asking where they would be able to put their boats and were requesting that the City rethink the process. Vice Mayor Allen suggested maybe the City should build the Deep Creek Pier before the bulkhead was improved, so the citizens would have someplace to man their boats and take their oysters off.

City Manager Hildebrandt asked Mr. Michael Poplawski, Director, Department of Parks, Recreation and Tourism, and Mr. Michael Nealer, Parks Administrator, to comment on the details of the wavescreen fishing pier project at King Lincoln Park, including the project’s funding sources (see drawing attached and made a part of these minutes.) A citizen, at the September 25, 2007 Regular Meeting of Council, suggested the City was making a wise and unnecessary investment in that facility. Mr. Hildebrandt stated this project had been planned for some time and had received substantial State grant monies. He thought it would be useful for citizens to understand the vision for that particular project and how it would provide a fishing opportunity that was not available to the citizens in Newport News.

Mr. Michael Nealer, Project Manager for the King Lincoln Wavescreen Fishing Pier Project for the past three years, provided a brief overview of the I-664 Wavescreem Fishing Pier Project. The pier, a $588,000 project, would be located adjacent to King Lincoln Park at the end of Jefferson Avenue, was a joint effort between the City and the Virginia Marine Resources Commission (VMRC). The Virginia General Assembly, in 1992, enacted legislation authorizing implementation of the saltwater recreation fishing license. The funds collected from those licenses were designated for use for improvement of recreational fishing in Virginia, which included increasing fishing access facilities. Application was made to VMRC, and was unanimously approved by the Recreational Fishing Advisory Board and the VRMC. The City was awarded funding of approximately $441,000, or 75% of the cost of the project. The funding came from the Virginia Saltwater Recreation Fishing Development Fund. When complete, this project would increase the availability of recreational saltwater fishing opportunities to residents and visitors of Newport News. The need for additional saltwater fishing opportunities had been addressed for some time and recognized in the Hampton Roads Waterfront Parks Plan, adopted by City Council in 1994. Mr. Nealer further advised that this project was also supported in the City’s comprehensive planning document, the Framework for the Future. Regarding the discounting the James River Fishing Pier at Huntington Park, Mr. Nealer stated there were few public fishing piers along the City’s shoreline. Given the water depth surrounding the Peninsula,

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Minutes of Regular Meeting

6.         New Business and Councilmember Comments Continued

most of the existing piers were built over shallow sand bars and were tidally insufficient in depth to provide consistent fishing, particularly true of the 400 ft. long wooden pier located at King Lincoln Park (a copy is attached and made a part of these minutes). Lighting would be installed to allow night fishing during seasons of high demand. This 8 foot wide, 1,500 foot long fishing pier, would give fishermen access to water depths of 30 feet or greater. The design would be more stable than traditional wooden structures and would allow deep water access for fisherman. Mr. Nealer reiterated that this project was funded 75% by the Virginia Saltwater Recreation Fishing Development Fund. The City would require a 25% match, or approximately $147,000.

Councilman Bateman expressed condolences to the family of The Honorable JoAnn Davis, U. S. Congresswoman. He further expressed appreciation for all she did for the City in her term in Congress.

Councilwoman Scott announced that the next North District Town Hall Meeting was scheduled for October 22, 2007, 7:00 p.m. at American Legion Post 368, 368 American Legion Drive. 

Councilwoman Scott expressed birthday wishes to Ms. Cleder Jones, Assistant to the City Manager for Communications and Community Relations; as well as Assistant City Manager, Mr. Alan Archer.

THERE BEING NO FURTHER BUSINESS,

ON MOTION, COUNCIL ADJOURNED AT 8:33 P.M.