OF THE NEWPORT NEWS CITY COUNCIL

2400 WASHINGTON AVENUE

7:30 P.M.

 

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

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

3. Public Hearings

(a) Framework for the Future Comprehensive Plan Amendment PLN-07-70

Mayor Frank presented A RESOLUTION AMENDING THE FRAMEWORK FOR THE FUTURE TO IDENTIFY THE USE OF PROPERTY IDENTIFIED HEREIN TO BE COMMUNITY FACILITIES. He advised this changed the land use designation in the City’s Framework for the Future Comprehensive Plan for properties located at 9911 Jefferson Avenue and 564 Bellwood Road. The Planning Commission voted 9:0 to recommend the adoption by City Council of this plan 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: Scott, Whitaker, Allen, Bateman, Frank, Haskins

Nays: None

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

Vote on Roll Call:

Nays: None

3. Public Hearings Continued

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 10^TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF THE SAID ORDINANCE NO. 5028-97. He advised this would change the zoning of parcels totaling 1.08 acres located at 9911 Jefferson Avenue and 564 Bellwood Road from R7 Medium Density Multiple Family Dwelling and C2 General Commercial to C1 Retail Commercial. The Planning Commission voted 9:0 to recommend to City Council the approval of this rezoning request, and the City Manager concurred with that recommendation. Mayor Frank explained the purpose of this was to allow a church parking lot to be in conformance with the Zoning Ordinance.

(No Speakers)

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

Vote on Roll Call:

Nays: None

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

Vote on Roll Call:

Nays: None

Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-226 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING A COMMUNICATION TOWER/ANTENNA ON A SITE ZONED P1 PARK. He advised this granted a conditional use permit for the construction of a stealth communications tower on DenbighHigh School’s baseball field, along with an equipment shelter on property zoned P1 Park located at 259 Denbigh Boulevard. 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. Steve Romine, 999 Waterside Drive, Norfolk, Attorney for the applicant, was available for questions.

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

Vote on Roll Call:

Nays: None

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

Vote on Roll Call:

Nays: None

Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT CU-07-229 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING A PRIVATE SCHOOL WITH LESS THAN 200 STUDENTS ON A SITE ZONED C4 OYSTER POINT BUSINESS DISTRICT. He advised this granted a conditional use permit for the operation of a private school with less than 200 students on a 2.82 acre parcel zoned C4 Oyster Point Business located at 604 Thimble Shoals Boulevard. 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. Mayor Frank explained this dealt with the expansion of the MontessoriSchool, which had been located at this site for many years.

(No Speakers)

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

Vote on Roll Call:

Nays: None

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

Vote on Roll Call:

Nays: None

Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT CU-07-230 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF THE OFF-PREMISE SALE OF ALCOHOL FOR AN ESTABLISHMENT OF LESS THAN 1,600 SQUARE FEET ON A SITE ZONED C1 RETAIL COMMERCIAL DISTRICT. He advised this granted a conditional use permit for the off-premise sale of alcohol in an establishment of less than 1,600 square feet on a 0.69 acre parcel zoned C1 Retail Commercial located at 954 J. Clyde Morris Boulevard. 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. Billie Millner, Jones, Blechman, Woltz and Kelly, Attorney for the Applicant, was available for questions.

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

Vote on Roll Call:

Nays: None

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

Vote on Roll Call:

Nays: None

Mayor Frank presented AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXVII., CONDITIONAL USE PERMITS, SECTION 45-2708, TIME LIMIT. He advised this would amend the City’s Zoning Ordinance to extend the expiration date for conditional use permits from one year to two years. 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.

Mr. Robert Duckett, Peninsula Homebuilders Association, 760 McGuire Place, Newport News, expressed support for the extension of the deadline for this zoning text  amendment. He stated development often encountered a myriad of requirements prior to beginning construction, traffic analysis, and other studies. He commended the City Manager and City staff for recognizing these changes, and the constraints on conditional use permit, and extending the deadline.

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

Vote on Roll Call:

Nays: None

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

Councilwoman Scott stated that she understood the intent, but inquired, in a situation where a conditional use permit was pending, and a dilapidated property that was an eyesore, whether Codes Compliance enforced regulations in an effort to keep the area presentable until such time the site plans stated otherwise. City Manager Hildebrandt responded yes, and added that before a building could get redeveloped, the applicant was still required to maintain the structure in a safe and sound condition. The project would continue to be subject to property maintenance, inspections, and code violations if the existing property was not maintained.

Vote on Roll Call:

Nays: None

Mayor Frank presented AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXVII., CONDITIONAL USE PERMITS, SECTION 45-2704, FILING FEE. He advised this would amend the City’s Zoning Ordinance to increase the filing fees for conditional use permits, parking increases, parking reductions using on-premises shared parking plans, variances and Chesapeake Bay Preservation Exceptions, Special Exceptions, and Change of Zoning applications and continuances. The Planning Commission voted 7:2 to recommend to City Council the approval of this conditional use zoning text amendment, and the City Manager concurred with that recommendation. Mayor Frank explained that the point of the ordinance was an attempt to recover more of the costs for administration. City Manager Hildebrandt stated the fees had not been changed since 1997. In surveying other communities, Newport News had the lowest fees. These applications and services require advertising, which the City paid for. The City was trying to recover those costs from those that were generating the work by filing for the different zoning and land use changes.

(No Speakers)

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

Vote on Roll Call:

Nays: Bateman

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

Vote on Roll Call:

Nays: Bateman

(h) Authorization to Issue General Obligation General Improvement Bonds

Mayor Frank presented AN ORDINANCE AUTHORIZING THE ISSUANCE OF FORTY-FIVE MILLION ONE HUNDRED NINETY THOUSAND DOLLARS ($45,190,000) PRINCIPAL AMOUNT OF CITY OF NEWPORT NEWS, VIRGINIA, GENERAL OBLIGATION GENERAL IMPROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF VARIOUS PUBLIC IMPROVEMENT PROJECTS OF AND FOR THE CITY; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER CERTAIN POWERS WITH RESPECT THERETO; AUTHORIZING THE PERPARATION AND DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMENT RELATING TO THE BONDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A CONTINUING DISCLOSURE CERTIFICATE OR A CONTINUING DISCLOSURE AGREEMENT RELATING TO THE BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION GENERAL IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; AND SPECIFYING MORE PARTICULARLY THE PURPOSES TO WHICH THE PROCEEDS SHALL BE APPLIED. He advised this authorized the issuance of General Obligation General Improvement Bonds in the principal amount of $45,190,000 to finance the costs of various public improvement projects. This proposed bond issuance was in support of projects in the City’s Capital Improvements Plan. The ordinance included the customary additional authorization to issue bond anticipation notes prior to the sale of the bonds should cash flow requirements dictate the use of such notes. The bond proceeds were allocated to nine different categories of CIP projects.

Ms. Rebecca Tuzzolo, 307 Riverside Drive, Newport News, representing RETRO, requested that City Council vote to delay approval of the $45.1 million in bonds to support the City’s Capital Improvements Plan (CIP), which City Council approved in January 2007. She stated just because the CIP was approved, did not mean it should be automatic without public input. A delay would allow City Council to review the list of projects and reconsider those that were non-essential. Ms. Tuzzolo referenced a list of items suggested by RETRO to be reviewed with profit by Council members prior to the vote on the bonding authority. It was offered as a means to work in a productive and positive way with the City toward reducing the real estate tax revenue stream. RETRO requested a response from Council on the list provided. RETRO had repeated that the City spent too much money, its debt was too high, and as a result, the revenue stream from real estate in the City, and taxes on homes continued to grow at an unsustainable rate. Since 2005, assessed values and real estate had grown 51%, with very little actual growth in local per capita income.   Ms. Tuzzolo indicated approval of $45.1 million in bonding authority would place the City further in debt. She announced that RETRO planned to sponsor a public forum scheduled for October 29, 2007 to hear from elected and prospective officials on what it would take to get the property tax rate to $0.93 per one hundred and allow citizen input.

Mr. L. T. Vaughan, 595 Snug Harbor Lane, Newport News, RETRO representative, complimented the City for work on the Deep Creek Road project. He indicated that RETRO’s goal was to reduce City spending and the taxes on real property. He expressed frustration that City government could not find a way to reduce spending.   Mr. Vaughan stated that Council reduced the property tax rate in May from $1.14 to $1.10 per one hundred. In June, a $13 plus million surplus was announced. He expressed surprise that management was not aware of that surplus in May.   He indicated the surplus could have been used for the public school section of this bond issuance. Mr. Vaughan stated there were worthwhile projects included in the $45.1 million bond issuance, but felt there were many projects that could be deferred. He referenced prior comments by Councilman Haskins related to becoming a slave to debt. Mr. Vaughan reiterated that long-term debt, which was bonds, should be reserved for serious capital improvements, and the City needed to learn that lesson. The City had borrowed to the max and burdened citizen taxpayers with increased taxes. Mr. Vaughan urged City Council to reconsider the projects to be funded by the bond issuance and requested the vote to approve the issuance of these bonds be deferred.

Mr. Louis W. Bradshaw, 470 Cheshire Court, Newport News, expressed opposition to the $45.1 million bond issuance. He further commented negatively about the approval of the Hampton Roads Transportation Authority.

Ms. Cary Nunnally, Newport News, representing RETRO (real estate tax reduction organization), asked City Council to delay going further into debt by spending all of the $45.1 million. She stated it was crucial to get rid of excess City spending so as to afford real tax relief to the taxpayers. Ms. Nunnally stated the only duties of government were to protect its citizens and facilitate commerce. She further stated that development of high-end mixed-use commercial and residential space, sponsorship of expensive events, and over payment of land was not a necessary expense. RETRO suggested that City Council review several items in the CIP. She stated the City must cut spending and reduce the real estate tax rate before more move out of the City.   She further stated that citizens were being overtaxed on their homes. RETRO represented the working families of the City that could not afford more taxes, and had spent countless hours working with the City to get a real estate tax rate that would result in lower rents, fewer move-outs, and a healthier economy. RETRO did not support giving tax relief to a select few. RETRO’s only agenda was real estate tax relief and cutting City spending. Ms. Nunnally stated the tax rate must the reduced from $1.10 to $0.93 per one hundred. She urged City Council defer the vote on the $45.1 million bond issuance.

Mr. Richard VanDerzee, 475 Cheshire Court, Newport News, expressed concern about the fees involved in the State’s Transportation Plan and the 5% tax on vehicle repairs and the unrelated grantor’s tax of $0.40 per one hundred dollars of the home sale value, which especially hits senior citizens and those on fixed incomes. He questioned whether the City should mortgage another $45.1 million on top of its $540 million deficit. Mr. VanDerzee stated the City Council should also consider that the major portion of the new State Transportation Plan involved another debt to be incurred - $300 million for ten years for a total of $3 billion and the reported State budget shortfall of $1.2 billion. He indicated that the huge State obligations would have adverse affects and place limitations on all twelve communities in the region. He commended Mayor Frank for his part in delaying the imposition of the new fees and taxes until April 1, 2008. It was reported that the Transportation Plan would generate approximately $168 million per year, with abusive driver fees generating nearly $65 million per year. Hopefully the General Assembly would recognize and admit to the ill conceived methods of financing being hoisted upon a small number of State residents. Mr. VanDerzee recommended that Council establish a development moratorium until April 1, 2008, if the General Assembly terminated the proposed Transportation Plan; and if no action were taken, Council should create a development moratorium for one year from today’s date.  Mr. VanDerzee continued that the General Assembly should also be encouraged to enable fees, fines, taxes, and/or tolls to be proportionately apportioned for specific new transportation projects, as well as limited to a school fund. The State should initiate similar action at the federal level to prepare for and permit passable toll road funding.

Councilwoman Scott moved closure of the public hearing; seconded by Vice Mayor Allen.

Vote on Roll Call:

Nays: None

City Manager Hildebrandt, in order to provide some perspective on this bond issue, stated the projects identified in the CIP were approved by City Council in January 2007, and what Council was being asked to authorize was bond funding. The CIP was adopted in conjunction with a new financing and debt management policy for the City, with part of the policy to bring the City’s debt burden to assessed valuation down to 3% over a five-year period. The City also began to fund cash capital, portions of the projects, and in this particular plan, there was nearly $5 million worth of projects funded for the first time with cash capital rather than the issuance of bonds. This plan, the first of a five-year plan, was consistent with those policies and the commitment of City Council to reduce the City’s debt burden and increase the financing of capital projects with cash rather than the issuance of bonds. He further indicated that many of the projects had been in planning for a considerable amount of time, i.e. $5 million of the $35 million that were actual general tax dollars reported, almost $10 million involved stormwater management, solid waste, and sanitary sewer user fees, directly related to capital improvements for those utilities. Five million dollars would go to the construction of Richneck Road, which was under design, and an appropriation for the replacement of the dam on Hogge Pond, increasing the culvert capacity under Church Road. City Manager Hildebrandt stated this was a responsible capital improvement plan, and City Council had studied the projects in great detail. The consensus was that the commitment to infrastructure improvement was important. Ten million dollars would go to schools to replace and upgrade existing buildings. He felt the need to go forward with this bond authorization, and reminded that the projects had to be appropriated on an individual basis. City Council and citizens would have another opportunity to make their thoughts known about particular projects. This authorization allowed the City to proceed with appropriation of the funding for certain projects.

Councilman Bateman inquired about CNU funding for its infrastructure, and whether the project at CNUVillage was taxable. City Manager Hildebrandt replied that was a taxable project. Relating to the $7 million golf course improvements, Councilman Bateman shared his thoughts that this was an entity that would boost the City’s tourism, and if not spent now, would cost more in the future. City Manager Hildebrandt advised there was no money for the golf course improvements in this year’s CIP authorization. This project was deferred in order to fit higher priority projects. He stated that no significant investments had been made in the City’s golf courses. They were in major need of irrigation, turf and green replacement. The City needed to reinvest in those facilities in an effort to keep them playable, competitive and useful to the citizens. City Manager Hildebrandt advised that 60,000 rounds were played at the golf courses every year and many citizens took advantage of the opportunity. He indicated that if the golf course was not improved and made playable, rounds and revenue would go down, and the decision to keep the facility would be necessary. 

Councilman Bateman inquired about the trend to move toward including more in the operating budget and getting things out of a debt situation, and a trend toward paying in cash, but at the same time, for those who wanted to lower the real estate tax rate, the borrowing was lowered. City Manager Hildebrandt responded that increasing the amount of cash capital in the budget affected the tax rate and the operating budget, and met the City’s long-term goal to not borrow money for things that were continually ongoing infrastructure replacement. He advised that approximately 10% of the capital budget was funded with cash, with a goal to increase to 15% over the next five years. Many projects questioned by RETRO were legitimate issues, but the only other way to fund the projects would be with cash, which would have to come out of the operating budget and the tax revenue the City received annually. 

Councilman Bateman inquired about the Fire Station in Hilton, which was a structure over eighty years old. He stated there was a need for a new fire station to further service the need of everyone in that area. City Manager Hildebrandt responded that the Hilton Fire Station was so old, and there was no equipment that could fit in the bays at the site. He advised there was a location that had been designed, and construction would proceed. Money for the facility was not in the current CIP, but the construction of the facility would be funded in FY 2009. 

Councilman Bateman stated that as projects arose, there was a certain amount of money that was budgeted, but the City was not wed to that number if the price were reduced. City Manager Hildebrandt concurred, stating the City was constantly looking at ways to reduce the costs of projects, and when the design project was underway, the City attempted to find ways to accomplish the objective of the projects at the lowest possible costs. He committed to try not to approach City Council to ask for additional money for certain projects if they came in over budget because of higher bids, which was one reason surplus monies were being used, that were generated from the operating budget, so not to have to issue debt.

Councilwoman Scott stated that the City had traditionally used the same bonding company for long periods of time when bonds of this nature were issued. City Manager Hildebrandt responded that the City had a financial advisor that advised on the bond policy of issuing bonds, and that consultant had been used for a number of years. Councilwoman Scott inquired about putting bonds up for bid to other companies for a cost savings that may help impact the City’s debt service. Mayor Frank added that the financial advisor advised about the timing in the market, when it was good to go to the market, what the issues were that rating agencies looked at and their expectancies. When the City issued bonds, they were competitively bid, so whoever brought the bond had bid on it through a competitive process as to the lowest possible rate. City Manager Hildebrandt confirmed that the City was competitively bidding each time a bond was issued.

Councilman Haskins commented that $11,595,000 worth of sewer, stormwater drainage, sanitary sewer and solid waste projects that were paid for outside of the real estate tax rate were paid for with fees that had been implemented for years. Projects for the Schools were a must to ensure that students had good buildings in which to get educated, which amounted to $21 million of the $45.1 million. On the equipment side, $1,340,000 dealt with public safety. He further commented that the type of communication equipment that the City had and the Police needed to do their jobs, was included in the bond issue, and indicated that he would provide all the needed tools in an effort to try to make this City safe for all citizens. An additional $800,000 was needed in Parks and Recreation for a pumping station that was necessary to service the park.   Councilman Haskins stated, in his judgment, $2,500,000 could be eliminated from economic development initiatives for City Center, but he would not take from the Southeast community, which was the oldest part of the community that needed investment to improve citizen’s quality of life.   He stated Richneck Road was a disaster and needed to be redone and was a safety problem for those that used it everyday. City Manager Hildebrandt responded that the $2.5 million in the development category was not specified for specific projects. It was agreed that some bond capacity would be reserved, in case an economic development  project arose that would improve the City’s tax base and worth the investment. Mr. Hildebrandt stated that some of that bond capacity allowed the City to continue economic development in Oyster Point, Wolseley, and other locations which gave an opportunity to increase the City’s tax base, bringing more tax dollars into the City. Councilman Haskins repeated a request regarding the return on investment in the existing CityCenter and shared the Manager’s reply that the City continued to work on the return on that $87 million investment over 21 years. Councilman Haskins stated if the City invested the $87 million at 2.5% interest, the City would have $221 million worth of revenue. He reminded that Port Warwick was paid for 100% by the private sector and inquired why this could not be done with CityCenter. City Manager Hildebrandt indicated, as CityCenter approached the next phase, there would be an opportunity to see the return on investment.

Councilwoman Scott pointed out that the stormwater drainage projects impacted the lives of all citizens who requested that their problems be addressed. She stated the projects were not arbitrarily selected. She indicated that the Richneck Road and Campbell Road projects had been on the waiting list forever and she was in full support of them. She concurred with Councilman Haskins, indicating that she had reviewed the list of projects and did not see where $5 million could be cut.

Councilman Bateman mentioned since there had been some proclivity to change CityCenter to a “whipping post,” and felt it important to recognize that the residential component of CityCenter was almost full and had done very well. The part of the budget dedicated toward studying the growth and expansion of CityCenter was to look at the future and try to tap into the synergy currently present. In the long-term, he felt the money was well spent because it would ensure that the City received the return on investment sooner than later.

Councilman Bateman filed a declaration in accord with Section 2.2-3115 of the Virginia Code, stating that (i) the City Manager had recommended that action be taken to adopt an ordinance authorizing the issuance of $45,190,000.00 in General Obligation Bonds to pay the cost of various public improvement projects, one of which was for public improvements at Christopher Newport University (CNU) Village, a property owned by one of the Christopher Newport University Foundations; (ii) that the CNU Foundations were clients of his employer, TowneBank, (iii) that he had no personal interest affected by the transaction and did not personally represent or provide services to the Foundations, and (iv) that he was able to participate in the transaction fairly, objectively, and in the public interest (a copy is attached and made a part of these minutes).

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

Vote on Roll Call:

Nays: None

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

(a) Minutes of Work Session of July 10, 2007

Vote on Roll Call:

Nays: None

(b) Minutes of Special Meeting of July 10, 2007

Vote on Roll Call:

Nays: None

(c) Minutes of Regular Meeting of July 10, 2007

Vote on Roll Call:

Nays: None

(d) Resolution of Recognition – Daniel Sheridan

A RESOLUTION OF RECOGNITION FOR DANIEL SHERIDAN.   This resolution recognized Mr. Sheridan for his outstanding achievements in the Boy Scouts of America, and his attainment of the prestigious Congressional Award for Youth Gold Medal.

Vote on Roll Call:

Nays: None

(e) Proposed Membership Amendment – USS Newport News Liaison Committee

A RESOLUTION AMENDING RESOLUTION NO. 6703-91, WHICH ESTABLISHED THE USS NEWPORT NEWS LIAISON COMMITTEE. This resolution authorized a change in the composition of the membership of the USS Newport News Liaison Committee. This amendment was requested by the Committee, and would allow the Committee to change its bylaws to reflect the membership designations. The change would permit the last ten members of the Committee to be chosen by City Council from the citizenry-at-large. The first five of the fifteen members would continue to be designated non-voting ex-officio members.

Vote on Roll Call:

Nays: None

(f) City Code Amendment – Vehicle License Fee

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., VEHICLE LICENSE FEE, SECTION 26-52.1, LICENSE FEE CREDIT WHEN MOTOR VEHICLE, TRAILER OR SEMITRAILER PURCHASED. This ordinance amended the City Code relative to the vehicle license fee to allow refunds upon application or transfer from one to another vehicle classification. The vehicle license fee schedule contained varying amounts for different classes of vehicles. This ordinance authorized the City Treasurer to refund a portion of the fee, or increase the fee as appropriate, when the fee was applied or transferred to a different classification of vehicle.

(No Speakers)

Vote on Roll Call:

Nays: None

(g) Amendment No. 3 of 2600 Building Lease – Pre-Trial Services and Community Corrections

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 AMENDMENT NO. 3 BY AND BETWEEN 2600 BUILDING PARTNERSHP, AS SUCCESSOR IN INTEREST TO DEERWOOD ASSOCIATES, INC. AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 14^TH DAY OF AUGUST, 2007. This authorized the execution of Amendment Number 3 of the 2600 Building lease for Pre-Trial Services and Community Corrections. The existing lease would expire July 31, 2011, which included office space in Suites 101 and 102. This Amendment No. 3 had no State or City-related costs associated with it, but did cover the reconfiguration of Suite 101, and eliminates Suite 102 from the lease. All other terms and conditions of the existing lease remained unchanged. Lease expenses for Pre-Trial Services and Community Corrections were funded entirely by the State.

(No Speakers)

Vote on Roll Call:

Nays: None

(h) Ft.Eustis Gateway Corridor Enhancement Grant Administration Authority

A RESOLUTION TO AUTHORIZE THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA AS THE GRANT PROGRAM’S ADMINISTRATOR FOR THE FORT EUSTIS GATEWAY-WARWICK BOULEVARD CORRIDOR BUSINESS IMPROVEMENT GRANT PROGRAM. This resolution authorized the Economic Development Authority of the City of Newport News to be the Grant Program Administrator for the Fort Eustis Gateway-Warwick Boulevard Corridor Business Improvement Program. The project area for this grant program was between the entrance to StoneyRunPark and Fort Eustis Boulevard. The grant funding involved was from the Federal Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA-LU). The program would fund façade improvements including security, handicap access modifications, lighting, sign replacement, screening, awnings, and/or removal of unsightly elements along the Warwick Boulevard corridor, including the entrances located at Fort Eustis Boulevard and Shellabarger Way.

(No Speakers)

Vote on Roll Call:

Nays: None

A. Appropriation of State Grant Funds

A RESOLUTION APPROPRIATING FUNDS FROM VA COMMISSION FOR THE ARTS LOCAL GOVERNMENT CHALLENGE GRANT ($5,000.00) TO VA COMMISSION FOR THE ARTS GRANT SUPPORT FOR THE PERFORMING ARTS ($5,000.00). This resolution appropriated $5,000.00 of Annual State Grant Revenue from the Virginia Commission for the Arts for allocation to various local performing and Fine Arts Organizations. Already approved in the City’s Fiscal Year 2008 General Fund Operating Budget was $253,020.00 of City grant funding in support for the performing arts, which would be combined with this State grant revenue to be dispersed among various local performing and fine arts organizations. The Newport News Arts Commission, using a competitive grant application process, annually made recommendations to City Council for specific allocations of these monies.

(No Speakers)

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

Vote on Roll Call:

Nays: None

B. Funding Allocations

A RESOLUTION APPROVING SPECIFIC GRANT AWARDS TO VARIOUS LOCAL PERFORMING AND FINE ARTS ORGANIZATIONS IN ACCORDANCE WITH RECOMMENDATIONS FROM THE NEWPORT NEWS ARTS COMMISSION. Each fiscal year, the Newport News Arts Commission, through a competitive application process, makes recommendations to City Council for allocations of City and State grant funds to various local performing and fine arts organizations. The combined funding of City and State grants available totaled $258,020.00.   The organizations recommended for funding, along with their specific amounts, are contained in the resolution.

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

Councilwoman Scott reminded, during the budget work sessions earlier in 2007, there was some discussion about getting an audit of the organizations that received community support to ensure the organizations were being good stewards of the citizens’ tax dollars. Having reviewed the list, she did not recognize some of the organization and expressed concern that the same discussion should be revisited and the Arts Commission be requested to do the same.

City Manager Hildebrandt responded that some of the grants were for general support of organizations like the Virginia Symphony; some were for specific projects that were being supported with the money. Many were performances or activities that were going on in Newport News that would not occur if the grants were not provided. He promised to ask the Arts Commission, on an annual basis, to provide information on how the money allocated to the organizations was spent and how it benefited Newport News.

Vote on Roll Call:

Nays: None

AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 26-9.1, ESTABLISHMENT OF A PHOTO-MONITORING SYSTEM TO ENFORCE TRAFFIC LIGHT SIGNALS. This resolution amended the City Code to authorize the establishment of a photo-monitoring system to enforce traffic light signals. Recent Virginia General Assembly action authorized localities to establish photo red systems provided specific conditions were met. The number of camera systems allowed in a jurisdiction was based on population, and Newport News was authorized to have up to eighteen such systems. The City’s goal for the initial program was to implement Photo Red at three intersections. Those intersections included: Jefferson Avenue/Mercury Boulevard, Jefferson Avenue/Oyster Point Road, and Jefferson Avenue/Fort Eustis Boulevard. It was the hope of City Manager Hildebrandt that the City would recover its investment in this equipment. The real issue was to improve the safety of these intersections where red-light running had led to significant accidents, major injuries, and deaths. He felt the only effectual way to address some of the intersections was with this type of technology.

(No Speakers)

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

Vice Mayor Allen mentioned that he had shared a news article about a similar program in other cities. He sated it may not be the City’s objective to make money on this process, but evidence indicated that the City would make money. Vice Mayor Allen expressed concern about who made money, and what the City would do with the money. He felt that money should go to some of the concerns that some of the citizens had in terms of tax relief. 

Councilman Bateman personally thanked his delegate, The Honorable G. Glenn Oder for his support on this matter.

Vote on Roll Call:

Nays: None

A. Appropriation of Funds

A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – PARKS AND RECREATION ($777,000.00) TO NEWPORT NEWS CAMPSITE PUMP STATION ($777,000.00). This resolution appropriated $777,000.00 from Fiscal Year 2008 Bonds Authorized and Unissued for the Newport News Campsite Pump Station Project. Funding for this project was programmed in the City’s Capital Improvements Plan. This project involved the construction of a new pump station with a force main to deliver wastewater from the campsite to the City’s sewer system. The campsite was served by a septic tank and drain field system. Completion of this project would allow the City to expand the campsite and construct a new campsite office.

(No Speakers)

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

Vote on Roll Call:

Nays: None

B. Award of Bid

Councilman Whitaker moved to award the bid for construction of the Newport News Campsite Pump Station Project to the low bidder, R.E.W. Corporation in the amount of $617,300.00; seconded by Councilman Bateman. The low bidder had previously performed similar projects for the City in a satisfactory manner, and was recommended by the City’s Department of Engineering for this project.

(No Speakers)

Vote on Roll Call:

Nays: None

A. Appropriation of Funds

A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – STORMWATER DRAINAGE ($1,891,545.00) TO HOGGE POND OUTLET REPLACEMENT ($1,891,545.00). This resolution appropriated $1,891,545.00 from Fiscal Year 2008 Bonds Authorized and Unissued for construction of the Hogge Pond Outlet Replacement Project located at the intersection of Normandy Lane and Church Road. Funding for this project was programmed in the City’s Capital Improvements Plan. The project involved replacement of the culvert, installing cofferdams, replacement of pavement, raising the roadway, installation of guardrail, and replacing a portion of force main and water main. Construction would commence in the fall of 2007, with project completion scheduled for the summer of 2008. City Manager Hildebrandt added that this was an area that was flooded almost every time there was a significant thunderstorm or tropical storm and cut off part of the community from access out of Normandy Lane to Maxwell Lane.

Mr. John Procyson, 305 Normandy Lane, Newport News, member of RETRO, commented regarding the CIP item to upgrade the windows in the schools, and indicated that the contract be carefully reviewed considering the $3,370,000.00 cost. 

Regarding the Hogge Pond Outlet replacement, Mr. Procyson shared that he was a resident of Normandy Lane and traveled the road constantly, and disagreed that there was consistent flooding problems. He stated that he rarely saw true flooding and thought the philosophy to spend $1 million to tear the road up was unjustified. Mr. Procyson felt at $1 million, 20 new police officers could be placed on the street for one year. Councilman Haskins disagreed and stated the area had always caused major problems and felt with the modification to Warwick Boulevard and increased drainage to Hogge Pond would cause the road to be washed out in a major rain. Mr. Procyson cautioned spending $1 million on a major road project for something that the installation of few pumps might solve.

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

Vote on Roll Call:

Nays: None

B. Award of Bid

Councilman Whitaker moved to award the bid for construction of the Hogge Pond Outlet Replacement Project to the low bidder, Corman Construction in the amount of $1,492,314.00; seconded by Councilman Bateman. The City’s Department of Engineering completed its due diligence on the low bidder, including reference checks, and recommended award of the bid as stated.

(No Speakers)

Vote on Roll Call:

Nays: None

9. Appropriations

Councilman Bateman moved adoption of Items A through R, both inclusive, as shown below, seconded by Councilman Haskins.

(a) Additional Private Donations for the Court Appointed Special Advocate Program

A RESOLUTION APPROPRIATING FUNDS FROM CASA PROGRAM DONATIONS ($1,385.00) TO CASA PROGRAM ($1,385.00). This resolution appropriated $1,385.00 of additional private donations for the City’s Court Appointed Special Advocate Program (CASA). The CASA program trained community volunteers to serve as advocates for children who had been found by the court to be abused and/or neglected. This proposed appropriation represented additional private donations that required no City match. These funds would be used to train CASA volunteers, special activities for CASA children, and for fundraising events.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM LIBRARY – FILTERING GRANT REVENUE FROM THE COMMONWEALTH ($4,714.00) TO LIBRARY – FILTERING GRANT ($4,714.00). This resolution appropriated $4,714.00 of grant funding from the State Library of Virginia Board for the City Library’s public use internet computers. These grant monies would assist the City’s library system in meeting the new filtering requirements for public use internet computers. This funding could only be used for equipment, software, telecommunications, or processes directly related to the new filtering requirements. No local grant funding match was required from the City.

(No Speakers)

9. Appropriations Continued

Vote on Roll Call:

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

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM VA DEPARTMENT OF CRIMINAL JUSTICE SERVICES ($59,124.00) AND FEDERAL REVENUE ($236,486.00) TO VICTIM WITNESS PROGRAM GRANT ($295,610.00). This resolution appropriated $236,486.00 of Federal Grant Revenue and $59,124.00 of State Grant Revenue for the City’s Victim Witness Program.  This program was administered by the Commonwealth Attorney’s office and provided a variety of services and referral assistance to victims and witnesses of crime. This annual grant funding paid for the program’s staff and supplies. No local grant match was required from the City.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM GENERAL FUND RESERVES ($100,000.00) TO DEMOLITIONS ($100,000.00). This resolution appropriated $100,000.00 from General Fund Reserves for the City’s Unsafe Structure Demolition Program. Each year, the City’s Department of Codes Compliance over saw an increasing amount of boarding up unsecured buildings and the demolition of unsafe structures. Historically, the Unsafe Structure Demolition Program had largely been funded by Community Development Block Grant funds with supplemental funding from the City’s General Fund. These additional funds would allow the continuance of significant work with this program and permit it to be operated outside of HUD approved areas. This particular appropriation was set aside to be used if and when existing appropriated funds were depleted.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($60,000.00) TO TARGETED OUTREACH PROGRAM ($60,000.00). This resolution appropriated $60,000.00 of Federal Grant Revenue for the City’s Targeted Outreach Program to expand gang prevention programs. These grant monies were made available through the Virginia Department of Criminal Justice Services to the City’s Office of Children, Youth and Families. This funding would be used to expand gang prevention programs among community agencies. The Boys and Girls Club would provide training to the community agencies and the churches that were involved at no cost. The activities involved in the program included screening and assessment of middle and high school age youth who were at high risk of gang involvement, quality programs and services, regular contact, intensive case management, and referrals to other services.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM COMMUNITY SUPPORT ($78,000.00) AND VA DEPARTMENT OF CRIMINAL JUSTICE SERVICES ($69,666.00) TO COURT APPOINTED SPECIAL ADVOCATE PROGRAM ($147,666.00). This resolution appropriated $69,666.00 of State Grant Revenue and $78,000.00 from the City’s Fiscal Year 2008 General Fund Operating Budget for the City’s Court Appointed Special Advocate Program. This resolution represented the annual appropriation of State money and the City’s annual contribution to CASA. The City’s contribution was contained in the Community Support portion of the approved FY 2008 General Fund Operating Budget. CASA trained community volunteers to serve as advocates for children who had been found by the courts to be abused and/or neglected. The volunteers advocated for the children’s placement in safe, permanent, and nurturing homes.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE- DHCD ($51,538.00) AND STATE REVENUE – DHCD ($26,250.00) TO STATE SHELTER GRANT (SSG) CONTRACTUAL SERVICES ($51,538.00) AND CHILD SERVICES COORDINATOR GRANT (CSCG) CONTRACTUAL SERVICES ($26,250.00). This resolution appropriated $77,788.00 of combined State Grant Revenue to provide homeless emergency shelter facilities. The source of this two-part grant was the Virginia Department of Housing and Community Development. This combined amount of grant funding was approximately 37% of the $140,000.00 requested by the City’s Department of Human Services. The City of Newport News and the Salvation Army Peninsula Command would provide services, via a Memorandum of Understanding. The actual provision of bed space used as shelter would be provided by local hotels and emergency homeless shelters. The second portion of the combined grant, in the amount of $26,250.00 would be used to support a Child Services Coordinator position that would be on the payroll of the Salvation Army – Peninsula Command. No local grant match was required from the City.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($18,210.00) TO PARENTING EDUCATION PROGRAM ($18,210.00). This resolution appropriated $18,210.00 of Federal Grant Revenue for the City’s Child Abuse and Neglect Prevention Program. This grant was administered by the State, and would fund a Parenting Education Project (PEP) operated by the City’s Office on Children, Youth and Families. The PEP would provide parenting programs to parents of children, ages birth to 16, to increase their capacity to provide safe and nurturing environments for the children. The grant proceeds would fund eight part-time facilitators and two childcare aides. The local grant match requirement would be met through in-kind contributions.

(No Speakers)

Vote on Roll Call:

Nays: None

(i) Demolition of Deep Creek Pier/Menchville Marina Shoreline Stabilization

A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – PARKS AND RECREATION ($350,000.00) TO DEMOLITION OF DEEP CREEK PIER AND REFURBISHMENT OF MENCHVILLE BULKHEAD ($350,000.00). This resolution appropriated $350,000.00 from Fiscal Year 2008 Bonds Authorized and Unissued for the demolition of Deep Creek Pier and Refurbishment of the Menchville Marina Bulkhead. City work forces would be able to assist with removal of some of the superstructure of the pier, but a contractor was required to remove the pier’s pilings and any submerged structures and watercraft. Staff had started notifying owners of boats tied to the pier of the need to relocate their watercraft. The remainder of this appropriation was needed to stabilize the Menchville Marina bulkhead and shoreline.

Mr. John Gergeley, 449 Winterhaven Drive, Newport News, indicated the water industry was a proud heritage that Newport News should hold. He stated the Deep Creek Pier was an icon of a struggling industry on the Peninsula which should be preserved. The pier was one of the last vestiges of a once great industry. Mr. Gergeley stated instead of considering the pier an eyesore and demolishing it, the pier should be respected as a cultural icon by Newport News. He urged City Council to find money for this piece of Newport News history.   He stated there were liabilities and parking problems, and the pier was not used by everyone, but this could be handled. He urged Council’s consideration to keep the Deep Creek Pier.

Mr. A. C. Pulliam, Newport News, expressed appreciation to the City for taking care of the problem with the Deep Creek Pier, which was falling down. He stated that he looked forward to seeing the pier gone. He stated if the City cooperated with the James River Dry Storage owners, the partnership would prove to be productive. Regarding the Menchville side, it was his hope that the City could collect money from the out of town boats that stayed there.

Councilman Whitaker pointed out the grants involved in the appropriations. He explained to the citizens who felt the City was spending excessively, that 80% were from grants.  He urged the citizens to work with City Council, not against them.

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($199,310.00) AND LOCAL REVENUE ($66,454.00) TO FY 2008 WEED AND SEED GRANT ($265,765.00). This resolution appropriated $199,310.00 of Federal Grant Revenue and $66,454.00 of Local Grant Match, from the City’s Fiscal Year 2008 Operating Budget for the Police Department’s Weed and Seed Program. One portion of these grant funds would be used for law enforcement to include payment of police officer overtime and specialized police equipment. The remaining portion of the grant would be used for prevention, intervention and/or treatment programs to include the Strengthening Families Program, GED classes, Young Marines Program, mentoring session, and job placement assistance.

(No Speakers)

Vote on Roll Call:

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

Nays: None

(k) Crime Analysis/Criminal Justice System Improvements Grant

A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($45,657.00) AND LOCAL REVENUE ($15,219.00) TO INTELLIGENCE ANALYST ($60,876.00). This resolution appropriated $45,657.00 of Federal Grant Revenue, and $15,219.00 of Local Grant Match from the City’s Fiscal Year 2008 Operating Budget for the Police Department’s Organized Crime Intelligence Unit. These grant funds allowed the Police Department to continue the employment of the Intelligence Analyst that was originally hired using a similar 2006 grant. The proceeds of the grant would also be used for training, equipment, software, and operating supplies. The continuation of this effort would need to be determined during the development of the FY2009 Operating Budget. 

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($33,570.00) AND LOCAL REVENUE ($11,190.00) TO PC EQUIPMENT ($44,760.00). This resolution appropriated $33,570.00 of Federal Grant Revenue, and $11,190.00 of Local Revenue from the City’s Fiscal Year 2008 Operating Budget for the Police Department’s Criminal History Records Improvement Program. This grant program was administered by the State Department of Criminal Justice Services. The proceeds of this grant and the local match would be used to purchase six ruggedized mobile data computers. These computers allowed police officers to interface with other local, regional, and state law enforcement systems. The new units were compatible with the Police Department’s new Records Management System.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE ($118,000.00) AND LOCAL GRANT MATCH ($72,500.00) TO OFFICE OF EMERGENCY MEDICAL SERVICES GRANT ($190,500.00). This resolution appropriated $118,000.00 of State Grant Revenue and $72,500.00 of Local Grant Match from the City’s Fiscal Year 2008 General Fund Operating Budget for the purchase of Emergency Services Equipment by the Fire Department. This appropriation represented an annual grant from the State Office of Emergency Medical Services, the proceeds of which were use-specific. The Fire Department would use these grant proceeds for the purchase of LifePak defibrillators, and a portion would be used towards the purchase of a medic unit. The remaining $119,500.00 needed for the medic unit would be provided from the Fire Department’s Operating Budget.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM STATE COMPENSATION BOARD – SHERIFF ($1,721.00) TO INFORMATION TECHNOLOGY EQUIPMENT ($1,721.00). This resolution appropriated $1,721.00 of Revenue from the State Compensation Board for the Sheriff Department’s Live Scan system. The Live Scan system electronically scanned fingerprints and photographs (mug shots) of arrestees, which were then transmitted to the Department of the State Police. This automated system allowed for complete criminal history cards to be available to State Police Officers, and ultimately to other state and local law enforcement agencies. This additional funding from the Compensation Board would be used to purchase one laptop computer and upgrade the existing computer equipment and software to implement photograph inclusion into the electronic file. No local match funding was required.

(No Speakers)

Vote on Roll Call:

Nays: None

(o) Sheriff Department Justice Benefits Program Funding

A RESOLUTION APPROPRIATING FUNDS FROM SHERIFF JUSTICE BENEFITS REVENUE ($18,197.00) TO CONTRACTUAL SERVICES ($18,197.00). This resolution appropriated $18,197.00 of Federal Revenue for the Sheriff Department’s Justice Benefits Program. This represented federal revenue from the Federal Immigration and Naturalization Service (INS) as a result of a review by INS of inmate data, which determined the City’s funding eligibility for services provided to eligible inmates. The sheriff would use these funds for the Community Services Board (CSB) inmate substance abuse treatment program. No local match funding was required.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM VIRGINIADEPARTMENT OF EMERGENCY MANAGEMENT ($30,000.00) TO HAZARDOUS MATERIAL RESPONSE TEAM ($30,000.00). This resolution appropriated $30,000.00 of State Revenue for the City’s Hazardous Materials Response Team. This appropriation represented the State’s annual payment to the City in support of a longstanding agreement for the City to maintain a Level III Hazardous Materials Response Team. That agreement obligated the City to respond to hazardous waste incidents within a seventy-five mile radius from the City limits. In addition to this annual revenue, the State would reimburse the City for all costs incurred during response to a Virginia Department of Emergency Management hazardous material incident.

(No Speakers)

Vote on Roll Call:

Nays: None

A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($531,776.00) AND FY 2007 STATE FIRE PROGRAM FUND ($132,924.00) TO FY 2007 FIRE ACT GRANT ($664,700.00). This resolution appropriated $531,776.00 of Federal Grant Revenue and $132,924.00 of State Grant Revenue for the City to begin the transition of the Fire Department’s 800 MHz Communication System to Project 25 Compliant Digital Technology. The Fire Department would use this grant funding to purchase 18 P25 Compliant Digital Mobile Radios for command vehicles, and 154 P25 Digital Portable Radios for every staffed position to front line emergency apparatus. This new technology provided secure incident command coordination and interoperability with other agencies. The State grant, which was a portion of this appropriation, was determined by the Virginia Department of Fire Programs as an allowable use of State Fire Program aid to match the federal grant portion of the appropriation.

(No Speakers)

Vote on Roll Call:

Nays: None

(r) Continuation of Southeast Community Redevelopment Plan Activities

A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – DEVELOPMENT ($200,000.00) TO SOUTHEAST COMMUNITY REDEVELOPMENT ACTIVITIES ($200,000.00). This resolution appropriated $200,000.00 from Fiscal Year 2008 Bonds Authorized and Unissued to continue the Southeast Community Redevelopment Plan activities by Newport News Redevelopment and Housing Authority (NNRHA). This appropriation would be used by NNRHA to administer the programs and services set forth in the Redevelopment Services Contract. These programs and services included activities related to the SoutheastCommerceCenter, the Food Assistance Program, the City’s Residential Tax Abatement Revitalization Program, and the South Jefferson Park Redevelopment Plan.

(No Speakers)

Vote on Roll Call:

Nays: None

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

Mr. Terry Savage, 1001 Cherry Creek Drive, Newport News, indicated his delight in Council’s appropriation of $45.1 million, as many of the projects were needed. He requested that any surplus money realized from closed-out CIP projects be funneled into the Southeast Community. The perception of Newport News would improve. He further requested that the City Council seek a Charter change in Section 4.11 (Submission of Propositions to the Qualified Voters of the City) that would permit Council members to request a referendum of the voters on State initiatives.

Mr. Sherman Bryant, 1233 16^th Street, Newport News, commented on the recent Police shooting death of Robert Lamont Harper. He expressed support for the Newport News Police Department, but not police brutality or harassment. He further stated that all should be brought to justice when the law was broken. He strived to be a “good apple” in the community.

Mr. Antonio Thompson, 222 54^th Street, Newport News, expressed confusion about the City’s economic development activities, but stated that he had ideas for improvements to the City and offered his services. It was his desire to do something meaningful for the City and the reason. He commended Council for their hard work. Mr. Thompson was in favor of the Waterfront Redevelopment Project in the Southeast community. He further suggested more aggressive financial advisors for the City.

City Manager Randy Hildebrandt, expressed congratulations and best wishes to Assistant City Manager, William P. Mitchell, who had been hired to the position of City Manager in Ft. Myers, Florida.

City Manager, Randy Hildebrandt, announced that Mr. Gregg Jones had been selected for the position of Acting Assistant City Manager, effective August 15, 2007, and would serve as both the City’s Budget Director and the Acting Assistant City Manager.

Councilwoman Scott announced that the next North District Town Hall Meeting was scheduled for August 27, 2007, 7:00 p.m. at American Legion Post 368, 368 American Legion Drive. She announced it would be “Back to School Night.” Guest Speakers would include Dr. William Collins, and Mr. Michael Wagner, members of the Newport News School Board, as well as Dr. Ashby Kilgore, Superintendent of Newport News Public Schools.

Councilwoman Scott expressed congratulations and best wishes to Assistant City Manager, William P. Mitchell, who had been hired to the position of City Manager in Ft. Myers, Florida.

Councilwoman Scott expressed belated birthday wishes to Mrs. Beverly Haskins.

Vice Mayor Allen clarified the amount of reduction to the real estate tax rate as mentioned erroneously by a representative of RETRO.

Vice Mayor Allen referenced a segment on 60 Minutes, and commented on the current culture in the City of “no snitching.” He suggested that the term, “no snitching” be defined and encouraged citizens to step forward with information that would assist the Police Department to solve crimes and enforce the law. He further stated that if individuals were not willing to talk to the police and make a difference about the issues and the problems of crime, they condoned the problem.

Vice Mayor Allen expressed congratulations and best wishes to Assistant City Manager, William P. Mitchell, who had been hired to the position of City Manager in Ft. Myers, Florida.

Councilman Bateman expressed congratulations and best wishes to Assistant City Manager, William P. Mitchell, who had been hired to the position of City Manager in Ft. Myers, Florida.

Mayor Frank thanked Vice Mayor Allen for his comments and encouraged citizens to step forward with information about criminal activity. He reiterated the Vice Mayor’s plea that citizens abandon the “no snitching” culture and report the names of persons suspected of criminal activity. The community should come together and recognize its obligation to help fight crime and reduce violence. It was his hope for the community to come together to talk about the issues and what could be done to help the police and help build a community to be proud of and be safe in.

Councilman Haskins expressed congratulations and best wishes to Assistant City Manager, William P. Mitchell, who had been hired to the position of City Manager in Ft. Myers, Florida.

Councilman Haskins encouraged citizens to be alert and report suspicious behavior and activities to the Police Department in an effort to reduce crime in the community and enforce the law.