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September 11, 2007 Regular Meeting Minutes
The minutes of the Regular Meeting of City Council held on September 11, 2007.
MINUTES OF REGULAR MEETING
OF THE NEWPORT NEWS CITY COUNCIL
HELD IN THE CITY COUNCIL CHAMBERS
2400 WASHINGTON AVENUE
PRESENT: Joseph C. Whitaker; Charles C. Allen; Herbert H. Bateman, Jr.; Joe S. Frank; William F. Haskins; and Madeline McMillan ------ 6
ABSENT: Sharon P. Scott ---------1
1. The Invocation was rendered by Reverend Nicholas Tombley, Full Gospel Denbigh.
2. The Pledge of Allegiance to the Flag of the United States of America was led by Mr. John DeMaria, Boy Scouts of America, Troop #43.
MOTION MADE BY COUNCILMAN HASKINS; SECONDED BY COUNCILMAN WHITAKER; AND CARRIED UNANIMOUSLY TO EXCUSE COUNCILWOMAN SCOTT FROM THIS MEETING.
3. Moment of Silence for Victims of the September 11, 2001 Terrorist Attacks
Mayor Frank stated the nation experienced a horrific tragedy on September 11, 2001. He noted a ceremony sponsored by the Newport News Fire and Police Departments was held earlier to honor the victims of the September 11, 2001 terrorist attack. He asked all present to observe a moment of silence in honor of the victims of the attack, as well as the public servants of the Police, Fire and Sheriff’s Departments, and the members of the military who protect our daily freedom.
4. Public Hearings
(a) Conditional Use Permit CU-07-231, City of Newport News School Board
Mayor Frank presented AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-07-231 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 Communications Tower on Menchville
(a) Conditional Use Permit CU-07-231, City of Newport News School Board - Continued
High School’s softball field on property zoned P1 Park, located at 275 Menchville Road. The Planning Commission voted 9:0 to recommend the approval of this conditional use permit request, and the City Manager concurred with that recommendation.
Mr. Rich Nayduch, Sprint Agent, 1304 Buckingham Station Drive, Suite 30, Midlothian, Virginia, was available for questions.
Councilman Haskins moved closure of the public hearing; seconded by Councilman Bateman.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilwoman McMillan moved adoption of the above ordinance; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(b) Authorization to Issue General Obligation Bonds – Virginia Water Facilities Revolving Fund Loan
Mayor Frank presented AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED THREE MILLION FIVE HUNDRED TWENTY THOUSAND DOLLARS ($3,520,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF NEWPORT NEWS, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION GENERAL IMPROVEMENT BONDS OF THE CITY OF NEWPORT NEWS, VIRGINIA, FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COST OF CAPITAL IMPROVEMENT PROJECTS OF AND FOR THE CITY, INCLUDING, WITHOUT LIMITATION, SEWER REHABILITATION PROJECTS AND OTHER CAPITAL IMPROVEMENTS TO THE WASTEWATER TREATMENT AND SANITARY SEWER SYSTEM OWNED AND OPERATED BY SUCH CITY; APPROVING THE FORM OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER AUTHORITY TO APPROVE CERTAIN DETAILS OF SUCH
(b) Authorization to Issue General Obligation Bonds – Virginia Water Facilities Revolving Fund Loan - Continued
BONDS; APPOINTING THE CITY TREASURER AS REGISTRAR AND PAYING AGENT FOR SUCH BONDS; PROVIDING FOR THE ISSUANCE OF SUCH BONDS TO THE VIRGINIA RESOURCES AUTHORITY, AS ADMINISTRATOR OF THE VIRGINIA WATER FACILITIES REVOLVING FUND, TO EVIDENCE THE BORROWING TO BE MADE BY SUCH CITY FROM SUCH FUND PURSUANT TO A FINANCING AGREEMENT BY AND BETWEEN SUCH AUTHORITY PURSUANT TO A FINANCING AGREEMENT BY AND BETWEEN SUCH AUTHORITY AND SUCH CITY; AND AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF SUCH FINANCING AGREEMENT AND THE TAX COMPLIANCE AGREEMENT REFERRED TO THEREIN. He advised this authorized the issuance of General Obligation Bonds in an amount not to exceed $3,520,000 in support of the City’s annual Virginia Water Facilities Revolving Fund Loan. As was customary, this particular issue would serve as collateral for the City’s annual loan from the State’s revolving loan program. The loan’s debt service would be paid from sewer user fee revenue.
Mr. David Irby, 18 Davis Avenue, Newport News, agreed with a previous statement made by Mayor Frank that the average citizen had lost their faith and trust in elected officials. He stated, in Washington, D.C., it was strictly party against party. State government in Richmond, Virginia, did not have the fortitude to do the job they were elected to do and had to make another armor of government. Local government in Newport News seemed to think they had unlimited access to public funds. Mr. Irby had asked City Council to cut back on spending, but instead the City had started a real estate business buying new properties. The City was $1 billion in debt. He inquired about the direction the City was going, and indicated if this was progress, he totally disagreed. He further indicated it might be time for new leadership in Newport News.
Mrs. Laura Irby, 18 Davis Avenue, Newport News, concurred with Mr. Irby’s comments.
Vice Mayor Allen moved closure of the public hearing; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(b) Authorization to Issue General Obligation Bonds – Virginia Water Facilities Revolving Fund Loan - Continued
City Manager Hildebrandt pointed out that the City had taken the opportunity to use Virginia Resource Authority loans for a number of years. The City paid an interest rate of 3.0% for those loans, which was significantly below what the City normally paid for borrowing money. By using this mechanism the City would save $32,000 a year over a twenty year life of the bond. The City would update and replace sewer lines and pump stations that were aged. This was part of the reinvestment the City had to make on a continual basis to ensure that the City’s utilities properly served its citizens. City Council had done an excellent job in continuing to commit funding to these efforts and this was the next phase of a continual program of reinvestment in infrastructure.
Councilman Haskins stated many older Cities, i.e. Washington, D.C., New York, Chicago and Boston, experienced a tremendous amount of problems in their infrastructure because they had not invested funding to keep them updated. Sewer, water systems, etc. had a life-cycle and as a result needed to be replaced. The reason for the sewer user fee was to maintain infrastructure to have a healthy city. He felt this was the right expenditure of funds that came out of the sewer user fees, which was for a specific purpose that benefited the citizens of Newport News.
Councilman Whitaker moved adoption of the above ordinance; seconded by Councilman Bateman.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(c) Acquisition of Property – 501 and 503 Oyster Point Road
1. Appropriation of Funds
Mayor Frank presented A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 BONDS AUTHORIZED AND UNISSUED – PUBLIC BUILDINGS ($611,500.00) TO PUBLIC WORKS’ OPERATIONS COMPLEX PROPERTY ACQUISITION ($611,500.00). He advised this appropriated $611,500.00 from Fiscal Year 2007 Bonds Authorized and Unissued for the acquisition of two parcels of property on Oyster Point Road that completed the site assembly for the City’s
(c) Acquisition of Property – 501 and 503 Oyster Point Road Continued
Operations Center Warehouse relocation. These parcels, located at 501 and 503 Oyster Point Road, were needed to relocate the City’s warehouse to accommodate the proposed Liberty Parkway alignment. The proposed funding source for this appropriation had sufficient monies remaining in the Public Buildings Category of that bond authorization. A supplemental appropriation would be required later for environmental testing and relocation costs. This proposed appropriation was sufficient to cover the costs of acquisition and professional appraisals that were conducted.
(No Speakers)
Councilman Whitaker moved closure of the public hearing; seconded by Councilman Bateman.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilman Whitaker moved adoption of the above resolution; seconded by Vice Mayor Allen.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
2. Authorization to Acquire
Mayor Frank presented AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF INTERESTS IN CERTAIN REAL PROPERTIES HEREINAFTER MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN THE CITY OF NEWPORT NEWS, VIRGINIA, TO IMPLEMENT THE RELOCATION OF A WAREHOUSE AT THE CITY OPERATIONS CENTER AT 513 OYSTER POINT ROAD, AND PROVIDE FUNDS FOR THESE PURPOSES. He advised this authorized the acquisition, including condemnation, if necessary, of properties located at 501 and 503 Oyster Point Road to complete site assembly for the City’s Operations Center Warehouse relocation. Professional appraisals were performed, which indicated a
(c) Acquisition of Property – 501 and 503 Oyster Point Road Continued
2. Authorization to Acquire Continued
combined market value of $605,000. It was intended that these acquisitions be accomplished through voluntary sales; however, authorization for condemnation was also requested should that be necessary.
(No Speakers)
Vice Mayor Allen moved closure of the public hearing; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilman Haskins moved adoption of the revised ordinance; seconded by Councilman Bateman.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(d) Conveyance of City-owned Property to the City’s Industrial Development Authority – Parcel 40, Oakland Industrial Park
Mayor Frank presented AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY OF NEWPORT NEWS ANY AND ALL DOCUMENTS, INCLUDING DEEDS, NECESSARY TO EFFECTUATE THE CONVEYANCE OF CERTAIN CITY OWNED PROPERTY TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS. He advised this authorized the execution of any and all documents necessary to convey Parcel 40 of City-owned property in Oakland Industrial Park to the City’s Industrial Development Authority. Parcel 40 was located at the entrance to Oakland Industrial Park, which consisted of approximately 3.41 acres. The IDA intended to use this parcel to accommodate an existing business in the City in its desire to expand and develop its own
(d) Conveyance of City-owned Property to the City’s Industrial Development Authority – Parcel 40, Oakland Industrial Park Continued
facility. That business occupied leased space in another location in the city.
(No Speakers)
Councilman Bateman moved closure of the public hearing; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilwoman McMillan moved adoption of the above ordinance; seconded by Councilman Haskins.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(e) Conveyance of City-owned Property to the City’s Industrial Development Authority – 12636 McManus Boulevard
Mayor Frank presented AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY OF NEWPORT NEWS ANY AND ALL DOCUMENTS, INCLUDING DEEDS, NECESSARY TO EFFECTUATE THE CONVEYANCE OF CERTAIN CITY OWNED PROPERTY TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS. He advised this authorized all documents necessary to convey City-owned property located at 12636 McManus Boulevard to the City’s Industrial Development Authority. This parcel was located in the Patrick Henry CommerCenter and consisted of approximately 51.20 acres. The conveyance of this property to the IDA would facilitate the IDA’s efforts to assist the Hampton Roads Transit Authority (HRT) in securing an appropriate site within the overall site for construction of the northern Newport News bus maintenance facility.
(e) Conveyance of City-owned Property to the City’s Industrial Development Authority – 12636 McManus Boulevard Continued
Councilman Whitaker moved closure of the public hearing; seconded by Councilman Bateman.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilman Haskins questioned why the City was conveying the property to the IDA when the IDA did not have plans for the property. City Manager Hildebrandt replied originally a portion of the property was to be utilized for a satellite bus maintenance facility for HRT. After the IDA met and discussed the proposal, it was their view that it was not a good idea to commit the property, in the long-term, to HRT, given the value of the property and its proximity to the airport and the proposed light rail alignment system. The IDA chose not to approve the Memorandum of Understanding with HRT, but asked City Council, in order to have the entire site under IDA control, to proceed with conveyance. The conveyance or sale of the property by the IDA would require City Council’s consent. The IDA believed that the City should conduct studies on the economic value of the property for the future as there still was an opportunity for the HRT facility to go there in the future. Also, there was talk about the need for a SCOT relocation site. City Manager Hildebrandt agreed with the IDA that putting the bus facility near McManus Boulevard, at this point, was not a good investment or wise decision. He supported the request to convey the property to the IDA to look at the best possible use of the property and make a recommendation to City Council after completing an evaluation.
Councilman Haskins stated if City Council put the property in the IDA’S hands they had no say in what the IDA did with the property. City Manager Hildebrandt stated the IDA could never dispose of the property without City Council’s consent.
Councilman Haskins did not feel comfortable with conveying the property to the IDA before getting a proposal on what was planned for the property. City Manager Hildebrandt stated the idea was to do an evaluation of the best use for the property in the future, given its locations and the fact that the City had a scarcity of industrial zoned land.
(e) Conveyance of City-owned Property to the City’s Industrial Development Authority – 12636 McManus Boulevard Continued
The IDA felt they needed to review the property to make some recommendations about its future use.
Councilwoman Haskins moved to table the above ordinance; seconded by Vice Mayor Allen.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilman Whitaker moved adoption of the Consent Agenda, Items E through I, both inclusive, as shown below; seconded by Councilman Bateman.
(e) Community Services Board Performance Contract
A RESOLUTION EXPRESSING THE APPROVAL OF THE NEWPORT NEWS CITY COUNCIL FOR THE STATE FISCAL YEAR 2008 COMMUNITY SERVICES BOARD PERFORMANCE CONTRACT. This resolution authorized the execution of the Fiscal Year 2008 Performance Contract for the Hampton-Newport News Community Services Board (CSB). This contract contained some externally imposed requirements and long-term unchanged Department of Mental Health, Mental Retardation and Substance Abuse Services requirements that CSB and the Department had to meet. The Performance Contract was the document mandated by the General Assembly to provide performance accountability to the State by local community services boards. The Contract translated the State funding to the CSB into core services, and the estimated number of consumers to be served in each category.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(f) City Code Amendment – Designation of Private Roads and Streets for Law Enforcement Purposes
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, SECTION 26-22., DESIGNATION OF PRIVATE ROADS AND STREETS AS HIGHWAYS FOR LAW ENFORCEMENT PURPOSES. This ordinance amended the City Code to reflect a recent State Code change relative to the designation of private roads and streets for law enforcement purposes. This City Code change provided consistency with the State law change made by the 2007 General Assembly which limited the authority given to localities to designate private roads within residential developments as highways. This change restricted this authority to those developments with 100 or more lots of residential dwelling units. Previous designations were grandfathered and as such were not affected by this amendment.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
A RESOLUTION IN MEMORIAM FOR GREGORY CHERRY. This resolution recognized Mr. Gregory Cherry for his service to the City of Newport News, his love of history and his service in many leadership roles within numerous community organizations.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(h) Resolution in Memoriam – John James Curry
A RESOLUTION IN MEMORIAM FOR JOHN JAMES CURRY. This resolution recognized Mr. John James Curry as a longtime resident of Newport News, and as an avid historian who authored several books on the Denbigh area of the City.
(h) Resolution in Memoriam – John James Curry Continued
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(i) Resolution of Recognition – Laura Nichols
A RESOLUTION IN RECOGNITION – LAURA NICHOLS. This resolution recognized Ms. Laura Nichols who was instrumental in the passage of the photo-red legislation by the Virginia General Assembly.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Vice Mayor Allen moved adoption of Consent Agenda, Items A through D, both inclusive, as shown below; seconded by Councilman Haskins.
(a) Minutes of Special Meeting of July 21, 2007
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins
Nays: None
Abstention: McMillan (Was not present at the meeting.)
(b) Minutes of Work Session of August 14, 2007
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins
Nays: None
Abstention: McMillan (Was not present at the meeting.)
(c) Minutes of Special Meeting of August 14, 2007
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins
Nays: None
Abstention: McMillan (Was not present at the meeting.)
(d) Minutes of Regular Meeting of August 14, 2007
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins
Nays: None
Abstention: McMillan (Was not present at the meeting.)
6. Certification of Voting Delegates – Virginia Municipal League Annual Conference
The City Manager requested that City Council designate the City’s Voting Delegate and Alternate for the Virginia Municipal League’s (VML) Annual Business Meeting at the VML Annual Conference to be held in James City County, October 14 – 16, 2007.
Vice Mayor Allen moved to designate Councilman Haskins as the City’s Voting Delegate and Councilman Whitaker as the Alternate at the VML Annual Conference; seconded by Councilman Bateman.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
City Manager Hildebrandt designated Dr. Rhonda Sturgis, Legislative Relations Coordinator, City Manager’s Office, as the staff assistant for VML’s Annual Business Meeting.
7. Recodification of City Code Relative to Taxicabs
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 41, VEHICLES FOR HIRE, OF THE CODE OF THE CITY OF NEWPORT NEWS,
7. Recodification of City Code Relative to Taxicabs - Continued
VIRGINIA, BY AMENDING ARTICLE III, TAXICABS. This recodified the City Code by incorporating changes in the monitoring and regulation of taxicabs operating in the City. The rewrite of this Code section required extensive time and effort by the Police Department working in conjunction with the taxicab industry. Among the new provisions the changes allowed the payment of the taximeter rate by a third party; relaxed the criminal history restrictions on certificate holder applicants, while requiring broader scrutiny of past and current moving violations as well as provided penalties for failure to provide efficient service. It further clarified that taxicabs were not allowed to park on public streets unless at an approved public taxicab stand.
City Manager Hildebrandt introduced Police Chief James Fox to provide an overview of the changes to the ordinance.
Chief Fox reported in 2004 he saw the need to change and update the City ordinance pertaining to the regulation of taxicabs. He stated it was the Police Department’s goal to regulate the industry to ensure the safety of citizens. The Police Department worked with the City Attorney’s Office, taxicab drivers, and owners of various taxicab companies to compose the amended ordinance. Chief Fox noted the significant issues addressed in the amended ordinance as follows: 1) The revised definition of “taxicab” allowed the taximeter rate to be paid by either a passenger or a third party; 2) Requirements and standards to be a taxicab driver were improved; 3) Rules and regulations were updated; 4) An appeals process was instituted that required the involvement of the Chief of Police; 5) “Certificates to Public Convenience” was outlined;. 6) The need for private stands was eliminated, wherein taxicabs could sit in various locations throughout the City to pick up fares. The ordinance specifically dealt with violations, suspensions and revocations, wherein the Police Department would enforce the regulations; and 7) Taxicabs could now operate 24-hours per day. Chief Fox reported that the most important aspect of the ordinance allowed the industry and the Police Department the opportunity to sit down in good candid discussions to come up with workable regulations that would be enforced to ensure safety for all citizens and an industry that represented what the City was about.
Vice Mayor Allen inquired how Section 41-50, “Rates of fare prescribed,” in the proposed ordinance, affected third party payment from the State to taxicab drivers and whether it excluded any drivers from obtaining contract service. He voiced concern that some taxicab drivers would be pushed out of third party business that they presently practiced. City Attorney Katz understood the City issued Certificates to cab companies based on the need or the number of cabs. If taxicab drivers were supplementing their business by running a different program, through that same vehicle, that defeated the
7. Recodification of City Code Relative to Taxicabs - Continued
purpose of the City issuing Certificates based on need. Obviously, there was no need to keep the cabs on the road 24-hours per day if they were supplementing their income through a different source.
Vice Mayor Allen explained there were high and low peak hours, throughout the day, for taxicab drivers. During their low peak hours and down times taxicab drivers could provide third party service. He voiced concern that the City was legislating out the ability of taxicab drivers to earn money. He inquired who the City was protecting. When you legislated out the ability or opportunity for someone to earn income you protected the opportunity of another who was earning income. Chief Fox stated the matter was discussed and agreed upon with members of the taxicab industry and the City Attorney’s office.
Vice Mayor Allen inquired whether the industry consisted of cab companies and/or drivers/owners of cabs. Chief Fox replied all the small and large cab companies as well as a number of independent drivers attended the meetings and voiced agreement with the issue.
Vice Mayor Allen hoped that if problems arose in the future that the matter would be revisited. Chief Fox replied the matter would be revisited should any problems arise in the future.
Vice Mayor Allen noted Section 41-133, “Parking while awaiting employment,” in the proposed ordinance, and voiced a concern that was raised by he and Councilmember Whitaker that cabs were parking in residential areas and not adjacent to their cab stands. He suggested that the ordinance be amended requiring that taxicab drivers only be allowed to park adjacent to their cab stands in residential areas. A problem that he and Councilmember Whitaker defined, in the South district, was that taxicab drivers were parking in residential areas down and across the street from their cab stands. City Manager Hildebrandt stated the proposed ordinance specifically prevented taxicab drivers from parking in residential areas unless they were parking in front of their residence while off-duty. The proposed ordinance allowed taxicabs to park in certain areas, awaiting fares, so they would not have to go from one end of the City to the other each time they completed a call. This was an efficient way to run a cab operation in a City that was 29 miles long.
Vice Mayor Allen reiterated a remedy was needed that disallowed a taxicab from parking in a residential area, while on duty, and noted the proposed ordinance did not remedy the situation. He stated he was prepared to vote on the
7. Recodification of City Code Relative to Taxicabs - Continued
proposed ordinance, only if the matter was revisited in the near future. He understood all the work that went into the proposed ordinance and did not want to hold it for that purpose. He indicated he was not prepared to vote for the ordinance if the matter was not going to be revisited. City Manager Hildebrandt assured staff would revisit the matter to alleviate the problem. He thought the way the ordinance was structured solved the problem, but indicated staff would revisit the matter.
Councilman Whitaker stated that taxicab drivers were parking in residential areas, and taking up parking spaces of the people who lived in the area. He noted he spoke to several cab companies who felt the proposed ordinance would require taxicab drivers to only be allowed to park near or adjacent to their cab stands. He would like the matter revisited. Chief Fox assured that if the matter could not be addressed, the issue would be revisited.
Councilman Haskins stated the proposed ordinance had been needed for a long time and applauded the Police Chief, the taxicab industry and all who came together to develop the ordinance.
Ms. Judy Swystun, 12 S. Armstead Avenue, Hampton, on behalf of Yellow Cab Company, offered support for the new taxicab ordinance. She appreciated the efforts of the Police Department and City staff. The taxicab industry was looking forward to stricter enforcement of the proposed ordinance and felt it would do nothing but make the taxicab industry safer for all of Newport News and its citizens. She thanked City Council for their support.
Councilman Haskins moved adoption of the above ordinance with the noted caveat as requested by Vice Mayor Allen; seconded by Vice Mayor Allen.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
8. Formalization of Sister City Relationship with City of Greifswald, Germany
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR OF NEWPORT NEWS, VIRGINIA, TO EXECUTE AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN MEMORANDUM OF UNDERSTANDING AND THAT CERTAIN
8. Formalization of Sister City Relationship with City of Greifswald, Germany - Continued
DECLARATION BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGNIA, AND GREIFSWALD, GERMANY. This authorized the execution of a Memorandum of Understanding, and an associated Declaration, that formalized a sister city relationship between the City of Newport News and the City of Greifswald, Germany. These documents were consistent with the provisions of a resolution previously adopted by City Council approving the extension of an invitation to Griefswald to form a sister city relationship. Greifswald subsequently accepted that invitation and wished to formalize the relationship. That relationship would create a greater mutual understanding between the citizens of the two communities through educational, cultural, economic and professional exchanges.
(No Speakers)
Vice Mayor Allen moved adoption of the above resolution; seconded by Councilman Haskins.
Vote on Roll Call:
Nays: None
9. Appropriation of Funds – King William Reservoir Project
A RESOLUTION APPROPRIATING FUNDS FROM WATERWORKS REVENUE BONDS AUTHORIZED AND ISSUED ($26,175,000.00) TO WATERWORKS REGIONAL RAW WATER SUPPLY PROJECT ($26,175,000.00). This resolution appropriated $26,175,000.00 from Waterworks Revenue Bonds Authorized and Issued to continue the land acquisition, mitigation programs, monitoring, archeological investigations, and preliminary design for the King William Reservoir Project. Funding for this work was programmed in the City’s Capital Improvements Plan and was available from the new Waterworks Revenue Bond Program which was established to provide funding for this regional water supply project. This proposed appropriation would continue the noted work through the remainder of 2007, as well as preliminary design and geotechnical testing in 2008. Agreements that defined how water from the project would be distributed to the regional partners had moved into the final negotiation phase.
City Manager Hildebrandt introduced Mr. Ron Harris, Program Manager for the King William Reservoir Project, Department of Public Utilities, to give an
9. Appropriation of Funds – King William Reservoir Project - Continued
overview of the progress on the King William Reservoir and how the appropriation would allow the City to move forward with the project.
Mr. Harris gave a three part update regarding the background on the project, the status of the project and a summary of the appropriation requests. Mr. Harris reported the project was a 12 billion gallon reservoir in King William County that stored water when the flows were high in the Mattaponi River and replenished the Peninsula’s terminal reservoirs when the City had dry periods or droughts. The reliability factors used in water supply planning were useful at this point as the City moved into the next 1,500 years. This increasing uncertainty made securing additional diverse water supplies even more important for Peninsula communities.
Mr. Harris reported the City had received the Corps of Engineers permit in 2004 and an extension of the State permit in 2006. Since then, the City had been busy on seven key project areas: 1) Land Acquisition – Completed surveys, title research and appraisals on 70 of the 100 parcels that the City would acquire, either in part or in total. Negotiators were working on more than 20 parcels currently and 15 parcels were acquired to-date. The total reservoir site, including the water quality buffer was approximately 3,000 acres. They expected completion of site acquisition by the summer of 2008; 2) Archeological Investigations – They were focusing these efforts on the Wetlands sites at this time. They had five firms with national, regional and local experience participating in these archeological efforts. They would be finished close to 2010; 3) Negotiations – These were progressing well with James City Service Authority. The concepts for delivery of the water to those utilities, the amount of water and the schedule had essentially been completed. They were now working out the details of the costs. Those utilities would use approximately six million gallons of water a day from the project. He anticipated that water agreements with those utilities would be ready for presentation to City Council in the second half of Fiscal Year 2008; 4) Financing – Two major accomplishments had occurred in financing which were essentially complete. In early 2007, City Council approved the Master Bond Resolution that authorized Waterworks’ first ever revenue bond program. The initial authorization was $40 million. Concurrently, City Council also approved a schedule for the system development charges, which would be a significant source of funding for the project; 5) Wetland and Stream Mitigation Projects – This represented the majority of the funding for the above requests. More than 20 sites were being studied by a team of designers in hope that the City could pick 12 to 14 primary sites to create more than 2,000 acres of upland and wetlands to compensate for the reservoir project. They would also purchase credits from existing approved wetland banks. This program also included stream mitigation projects;
9. Appropriation of Funds – King William Reservoir Project - $26,175,000 - Continued
6) Plans and Studies Required by Permits – They had completed two years of comprehensive ecological monitoring on the Mattaponi Pamunkey Rivers. They had six more years of that study from which to collect data and develop an operating study for the intake. Redesigning and Updating the project website was an important feature for such a large public project. They expected by mid-to-late October 2007 it would be completely redone; and 7) Funding Details – This was the forth appropriation since briefing City Council in the fall of 2004 in transitioning this to the implementation project. This was the first appropriation that asked for design funds. They expected to fund the very first design effort for the preliminary design of the reservoir facilities. Approximately $15.9 million or 61% of the $26.2 million was directly or indirectly related to mitigation projects. The second largest funding category in the request was for archeological support. The $5.5 million was for phase investigations, agency coordination, reporting and public education that would cover comprehensive archeology for the wetlands and reservoir site for the next three to five years. Additional information on the eleven specific line items in the appropriation request was included in the attached memo from the City Manager to City Council dated September 5, 2007. In addition, they anticipated beginning construction of the King William Reservoir by 2012 in concurrence with the State permit. They anticipated final completion in 2017. They planned to spend two to three years to fill the reservoir and be online by early 2020.
Councilman Haskins inquired whether Newport News, Hampton, Poquoson and York County were going to pay more than those in James City County and Williamsburg for the six million gallons of water they would receive. City Manager Hildebrandt replied James City County and Williamsburg would pay their proportional share. The City was working to decide the timing and how those contributions would be paid. He indicated they would pay their fair share of the cost for Newport News providing them water.
Mayor Frank questioned, beyond the six million gallons a day to James City County and Williamsburg, how much were King William County and New Kent County receiving. City Manager Hildebrandt replied the City reserved three million gallons for King William County and one million for New Kent County.
Mr. Kelly Place, 213 Waller Mill Road, Williamsburg, pointed out that $26.2 million was a massive amount of money, and was only a part of the $40 million bond authorized by City Council in February 2007. This was only one of many to come and the interest over time that the citizens of the Peninsula and Newport News would pay had not been calculated. He referenced an article in the Daily Press published on
9. Appropriation of Funds – King William Reservoir Project - $26,175,000 - Continued
December 14, 2004, that pointed out that Newport News citizen’s water bills would increase at twice the rate with the reservoir, and did not designate any benefits that people would gain. He felt the prime people who would benefit from the reservoir were financially, or politically involved. He did not see the benefit for the average person. He felt the characterization made by Mr. Harris about the various criteria that the project had to meet to satisfy the regulator’s demands were not accurate. Mr. Place also pointed out that over the course of the project, between demands and criteria set-up by the State Water Control Board, VEQ, VMRA, the Corps of Engineers and a number of other regulatory entities, that none of the requirements had been met. He disagreed that the first two years of the ecological monitoring plan was very thorough. The Virginia Institute of Marine Science looked at the methodology used on the plan, upon which the results of this plan were predicated, and indicated they had grave concerns. The project had a history of cost overruns and failing to meet benchmarks. He stated the appropriation of $26.2 million was the equivalent of $.20 per 100 off the city’s real estate tax rate. According to Mr. Place, the State Water Control Board stated it was clear to them that this project needed a top down review. The State Water control Board told the City that any money spent on the reservoir was no guarantee the project would ultimately be approved. That meant the City was “rolling the dice” with citizen tax money. He stated this was being fought hard in the Federal and State Courts. Mr. Place indicated the Chesapeake Bay Foundation had filed suit against the Water Control Board and against the permit extension in the State Courts. He further stated the Chesapeake Bay Foundation, the Sierra Club, the Mattaponi Tribe, the Alliance to Save the Mattaponi and others had filed suit in Federal Court.
Councilman Haskins agreed that the City was “rolling the dice” on the King William Reservoir project. However, the City was “rolling the dice” to see to it that the citizens of Newport News and the Virginia Peninsula had clean, and pure water to drink. He encouraged all that had computers to search the internet to note the lack of good, clean, and fresh water in the United States. Newport News was trying to provide good water to everyone on the Virginia Peninsula. One could live longer without food than water to drink. The City was “rolling the dice” by trying to get the reservoir approved to provide Newport News and the region’s citizens with good clean water to sustain life.
City Manager Hildebrandt stated the investments the City was making in the King William Reservoir project were huge. Once the project was completed in the
9. Appropriation of Funds – King William Reservoir Project - $26,175,000 - Continued
year 2020, it would be the backbone of the City’s water system for 100 to 200 years. The City was now using water facilities at Lee Hall that were built in the 1890s, which was still an intricate part of the City’s water system. These were investments the City was making for the future and took much vision, effort and money to build a project such as the King William Reservoir. This was an investment that many City Council’s since 1987 had agreed upon. The City was now in the process of producing the requirements in terms of mitigation plans that were being asked for by the Federal and State governments to ensure that the city was properly mitigating for the environmental impacts.
Councilman Haskins moved adoption of the above resolution; seconded by Councilman Bateman.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins
Nays: McMillan
10. Acquisition of Property – 301 Buxton Avenue
AN ORDINANCE AUTHORIZING ACQUISITION OF PROPERTY LOCATED AT 301 BUXTON AVENUE THROUGH THE FLOOD ASSISTANCE PROGRAM. This approved the acquisition of property located at 301 Buxton Avenue and the execution of any documents necessary to effectuate the purchase of this property for the City’s Flood Assistance Program. This property lied within a FEMA defined Flood Zone and a Resource Management Area of the Chesapeake Bay Preservation area. In considering these factors, and its proximity to Salter’s Creek, as well as the potential for flooding, the owner, Mr. David Merryman, had agreed to accept the City’s offer of $125,000. Funding for this proposed acquisition was available from previously appropriated stormwater fee revenue.
(No Speakers)
Vice Mayor Allen moved adoption of the above ordinance; seconded by Councilman Whitaker.
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank
Nays: Haskins, McMillan
10. Acquisition of Property – 301 Buxton Avenue Continued
Vice Mayor Allen inquired whether the City continued to apply for FEMA funds for this project. City Manager Hildebrandt replied the City continued to apply for FEMA funding to support this project.
11. Huntington Avenue and 31st Street Drainage Improvements Project
(a) Appropriation of Funds
Streets. The last phase would further alleviate flooding problems in the project area, and accommodate the new Navy Housing Development project that was currently under design review.
Councilman Haskins moved adoption of the above resolution; seconded by Councilman Whitaker.
Vice Mayor Allen clarified that the Navy Housing project was not a military housing project. He explained it would house the military, but the project was a private enterprise project that would be taxable. Since the federal and military installations reduced their contribution to Cities across the nation, based on services provided for the military, one way the City was recapturing some of the lost funding was through the Navy and other military services doing more privatization in terms of land use. The Navy Housing project in Downtown Newport News would be built by a private developer for lease to the Navy. The project would produce housing and a taxable development that created revenue for the City. This housing project would bring over 500 young men and women to this community who would spend money, which would bring in additional sales tax revenue.
11. Huntington Avenue and 31st Street Drainage Improvements Project - Continued
(a) Appropriation of Funds Continued
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(b) Award of Bid
Vice Mayor Allen moved to award the bid for the construction contract for the Huntington Avenue and 31st Street Drainage Improvements project to the low bidder, Pembroke Construction Company in the amount of $171,313; seconded by Councilman Haskins. Pembroke Construction Company had previously performed successful work for the city and was recommended by the City’s Department of Engineering for this project.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
Councilman Bateman moved adoption of Items A through D, both inclusive, as shown below; seconded by Vice Mayor Allen.
Regarding Item 12(c) Continuation of Redevelopment Activities at South Jefferson Park, Vice Mayor Allen noted that recently, based on an application the City made to the Department of Housing and Urban Development, through Congress, an additional $1 million had been set aside by the Senate for this project. The Senate was still waiting for the Joint Committee of the Senate and House to approve the $1 million grant. The grant would bring additional funding to expedite the South Jefferson Park project which was urgently needed.
(a) Criminal Justice Professionals Recruiting and Retention Program
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($8,920.00) AND LOCAL REVENUE ($2,973.00) TO RECRUITING EXPENSES ($11,893.00). This resolution appropriated $8,920.00 of Federal Grant
(a) Criminal Justice Professionals Recruiting and Retention Program - Continued
Revenue and $2,973.00 of Grant Match from the City’s Fiscal Year 2008 Operating Budget for the Police Department’s Recruiting Program. These grant proceeds and the local match would be used in the Police Department’s recruitment program by setting up events, development of ads, and the printing of recruitment-related brochures. This grant program was administered by the State Department of Criminal Justice Services. Other than this local grant match requirement, no other local funding was required to implement the grant.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(b) Newport News Healthy Families Hispanic Outreach Program
A RESOLUTION APPROPRIATING FUNDS FROM LOCAL GRANT MATCH ($60,000.00) TO LOCAL SHARE FY07/08-HISPANIC OUTREACH ($60,000.00). This appropriated $60,000.00 of Local Grant Match from the City’s Fiscal Year 2008 Operating Budget for the City’s Healthy Families Hispanic Outreach Program. This appropriation represented the match required for a two-year $100,000.00 grant from the State to specifically support the Healthy Families Program outreach to the Hispanic population. This program provided for program materials printed in a bilingual format to help Spanish speaking families, with children up to five years of age, develop parenting and child care skills. Other outreach services would also be provided. No other local funding was required for this State grant.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
(c) Continuation of Redevelopment Activities at South Jefferson Park
A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – DEVELOPMENT ($600,000.00) TO CONTINUA-
(c) Continuation of Redevelopment Activities at South Jefferson Park - Continued
Streets. To date, fourteen properties had been acquired.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
A RESOLUTION APPROPRIATING FUNDS FROM RECOMMENDED – CITY MANAGER RESERVE ($5,000.00) TO VIOLENCE PREVENTION VIDEO PROJECT ($5,000.00). This appropriated $5,000.00 from the City Manager’s Fiscal Year 2008 recommended reserve as the City’s contribution toward the professional production of a video related to non-violence for high school students. This was a video project for high school students concerning respect for each other, valuing diversity, and creating a culture of non-violence. This project was being coordinated by the City’s Office on Children, Youth and Families, and the youth selected to work on the video would work with a professional production team from WHRO. The total cost for the project was estimated at $30,000.00, which would be contributed by members of the “Keeping Our Kids Safe Violence Prevention Network.
(No Speakers)
Vote on Roll Call:
Ayes: Whitaker, Allen, Bateman, Frank, Haskins, McMillan
Nays: None
13. Citizen Comments on Matters Germaine to the Business of City Council
Dr. Saundra Cherry, 617 – 27th Street, Newport News, expressed her sincere appreciation to the City of Newport News and the community-at-large for the support given to her in the passing of her husband, Mr. Gregory Cherry. She was proud of the legacy Mr. Cherry left behind. It was her intention to work to preserve the James A. Fields House, and work with the members of the downtown Newport News Merchants and Neighbors Association and the City of Newport News to bring manifestation to Mr. Cherry’s vision to see economic development, positive change, and restoration of community pride to the historic Southeast community. She extended encouragement to each member of City Council as they continued to diligently serve the citizens of Newport News. She extended an open invitation for all to visit the James A. Fields House.
Mr. C. W. Powell, 3 Gay Drive, asked City Council to preserve the Deep Creek Pier in existence.
Ms. Ruth Melzer DeMaria, 101 Normandy Lane, Newport News, stated her mother, Bonnie Belle Amory Melzer, granted a parcel of land to Warwick County for access to the Deep Creek Harbor. In exchange for the parcel of land the County of Warwick constructed the Deep Creek Pier and promised maintenance of said pier into perpetuity for free use to all. She felt the pier was a historical landmark that should be cherished by the City of Newport News. The Pier served the City as well as surrounding communities and was the only pier that she knew of in Newport News that allowed free access. She felt no one had the right to revoke or change a promise, and a promise was made to be kept. Warwick County promised her mother that if she granted the land, they would provide the pier and the road and maintain it forever for the public. She asked City Council to honor the promise made by Warwick County and save the Deep Creek Pier, as it was an historical landmark for the public to enjoy for many years to come. Ms. DeMaria advised of a phone call from Councilwoman Sharon P. Scott, who indicated she was not aware of the pier closure. Councilwoman Scott indicated she was very much against the Pier’s closing and asked that Ms. DeMaria send her all the information she had regarding the pier.
Mr. John DeMaria, Jr. 91 Normandy Lane, stated he attended the City Council meeting 21 years and 11 months ago, when the City Manager recommended that City Council make a positive statement concerning Deep Creek in order that residents and staff could know the exact policy. Mr. DeMaria stated there was a unanimous roll call of yes and it was moved and seconded that the policy of the City of Newport News would be to maintain the pier for public use. Again, he attended a City Council meeting
13. Citizen Comments on Matters Germaine to the Business of City Council - Continued
in 2002, and at that particular time voiced the same opposition and presented a neighborhood petition dated March 1, 2002, noting the community’s displeasure with closing the Deep Creek Pier and a notarized affidavit statement from his uncle, George Warren Melzer, dated February 14, 2002, noting his mother’s agreement with officials of Warwick County. (A copy of both are attached and made a part of these minutes.) Mr. DeMaria asked that the agreement between Warwick County and his grandmother be honored. It was the responsibility of Newport News to honor all agreements that Warwick County made with its citizens. He asked City Council to honor the agreement that was made between his grandmother, Bonnie Belle Melzer, and Warwick County.
Councilman Haskins requested the City Clerk research the record pertaining to the statement made by Mr. DeMaria when he attended the City Council meeting 21 years and 11 months ago.
Vice Mayor Allen inquired about the land that was donated by Ms. Melzer to Warwick County. He requested that a title search be done to define what happened to the land and why the land came out of public ownership. City Manager Hildebrandt assumed the land the family was referring to was the right-of-way that extended to the foot of the pier. Vice Mayor Allen requested that legal research be done to confirm the issue.
Mr. John M. DeMaria, 101 Normandy Lane, stated he was the proud husband of the youngest living off-spring of Mrs. Bonnie Belle Amory Melzer, who granted land to Warwick County in 1933 for the Deep Creek Pier. A notarized deposition by Mrs. Bonnie Belle Melzer’s son, George Melzer, affirmed that he was present when promises were made to his mother by Warwick County. Recent Daily Press releases covered City official misinformation about the Deep Creek Pier. The access of the pier started from Deep Creek Harbor’s water edge and extended more than 300 feet where Deep Creek Road dead-ended at Mrs. Bonnie Belle Melzer’s property boundary. This was the access that she granted to the County of Warwick officials for their promised construction of the road and the building of the pier. The current pier condition could have been avoided if compliance with the City Code was strictly enforced. He recalled the City Manager’s memo in February 2002, citing demolition of the Deep Creek Pier generated a number of calls from citizens. The memo noted that some citizens supported the closing of the pier and moving to City property across the harbor to the Menchville Marina. Unfortunately, he conveniently omitted the details. He felt the memo by the City Manager should have been challenged. The City Manager overstepped his oversight and accountability. He asked City Council to keep Deep Creek Pier from destruction.
13. Citizen Comments on Matters Germaine to the Business of City Council - Continued
Mr. John Atkinson, 135 Sloan Place, Newport News, stated having been a real estate title search examiner for over 17 years, he was intrigued by the difficulty the City seemed to have determining ownership and/or rights to the public pier at Deep Creek and indicated he had researched the title extensively. He reported in 1916 Bonnie Belle Melzer purchased 3.5 acres of land adjacent to the Deep Creek. (A copy of the title search is attached and made a part of these minutes.) In the early 1930’s Mrs. Melzer came to an agreement with Warwick County to allow a road for public access to Deep Creek in exchange for a piece of her property. Warwick County never purchased the land for the road. There was never any deed or easement recorded. The roadway remained in the Melzer name and technically still does. In return for her generosity, Mrs. Melzer asked Warwick County to construct and maintain a public pier for anyone to use, including the watermen, free of charge. This agreement was to be in perpetuity. Unfortunately, the Melzer grant agreement was never recorded among the County land records. However, Mr. John DeMaria had been kind enough to furnish members of City Council a copy of a notarized sworn statement from Mrs. Melzer’s son, George, outlining specifics of the deal between his mother and the County. Mr. Atkinson stated he was aware of the parking problem at the pier, but felt that was primarily due to an oversight on the part of the City or the County and should not adversely affect the pier and the easement. Some years ago, the City studied the situation and determined that a small bulkhead could be constructed immediately to the west of the pier on marsh and woodland that would easily accommodate 15 vehicles. There were options to be considered other than reneging on the Melzer grant agreement. He felt the existing pier was far more suitable for work boats than the deteriorated bulkhead on the Menchville side even if the bulkhead was repaired. The tide flowing through the Deep Creek channel on that side was strong which tended to cause undue damage to boats as they were pushed repeatedly against the bulkhead and against each other. The Newport News Framework for the Future listed Deep Creek as a historical resource and a local landmark. Section 211 of the Framework Plan read, “discourage further demolition of historic buildings and structures by encouraging their adaptive reuse and renovation.” Section 213 of the Framework Plan read, “support the Deep Creek/Menchville Plan recommendation to preserve Deep Creek harbor for working watermen.” Mr. Atkinson stated local watermen deserved a decent place to moor their boats and should not have to pay fees to a Marina that was not suitable for working watercraft. This was not just an issue that affected working watermen, but it affected ordinary people who crabbed and fished on the pier each day. It affected pedestrians walking their dogs daily, and it affected those who enjoyed an environment that was not available at other waterfront locations. There were few waterfront locations still available to the public in Newport News. If the pier was destroyed, much of its history would go with it. He strongly urged
13. Citizen Comments on Matters Germaine to the Business of City Council - Continued
members of City Council to work with the Deep Creek community to resolve this issue in a manner acceptable to all and to apply any and all allocated funds to whatever was deemed necessary to keep the promises made to Bonnie Belle Melzer.
Mr. David Kundis, 106 Church Road, Newport News, stated although he had only been a resident of Newport News for ten years he walked along Deep Creek pier each morning, five days a week, where he had the occasion of speaking to the watermen and fishermen. He questioned why the City decided to demolish the pier rather than rebuild or refurbish it. He noted a report by Mr. Michael Poplawski, Director, Newport News Parks, Recreation & Tourism, dated July 16, 2007, regarding the structural integrity of the pier. He agreed there was a structural problem because the City had only done surface repairs. He reported a 28 foot section of the pier did not collapse in June 2007, as noted in the report, but was destroyed by a large boat that ran into it and knocked it over. He inquired where the City was during the problems noted in the report that the portable toilets were being targeted by vandalism and abuse. He felt it was the City’s property and inquired what the City was doing to remedy the problems. He inquired why the City had not removed abandoned sunken boats from Deep Creek pier. He felt this was no different than removing an abandoned car off the street. He inquired what had the City done to combat the consistent problem of trash and debris as noted in the report. He assumed all City Council members had read the report and the design reports by MMM and Clark Nexsen that were attached to the report. There was no question the pier was in need of a major overhaul. Mr. Kundis inquired why the City had not done anything. The 2002 Clark Nexsen report noted two possible alternatives to rehabilitating the pier at the cost of $150,000 to $198,000. Why weren’t they considered as an option at that time or today? The City had done nothing to fix the problems associated with the pier in the last decade. Why? There appeared to be a big hurry in tearing down the pier and not rebuilding it. This was a historic landmark. Why not rebuild or refurbish it for the public and the watermen? The City planned to spend $300,000 on the bulkhead on the north side of Deep Creek but would not consider rebuilding the pier. So what was the real reason for destroying a landmark? He inquired whether tearing down the pier had anything to do with any residents in the Deep Creek area who had complained about the pier for years or a marina that wanted to expand its operation. It was not fair to the public or the watermen. He felt this was another slam dunk, as the Hampton Roads Transportation Plan.
Ms. Ruth Withrow, 381 Barclay Road, Newport News, stated she was present on behalf of the watermen, and indicated the Deep Creek pier had brought count-
13. Citizen Comments on Matters Germaine to the Business of City Council - Continued
less individuals together who carried their memories close to their heart. She stated the Deep Creek pier had fulfilled a wide range of needs, was a place to find solitude, and was a place where families could take a moment out of their busy lives to come together where their children could get a taste of nature at its best. She felt the pier was being torn down to allow a higher class people to enjoy the area. The pier was anything but abandoned and offered so much more than a place to hangout. It was a practical place to perform the work that was necessary for the upkeep of watermen’s vessels and gear. The Deep Creek Pier continued to be a source of happiness, history and necessity. If the City let this piece of its heritage go without a fight it would show the youth and the people it would devastate, that it was alright. to turn ones back on history as long as more revenue could be generated.
Mr. John Gergely, 449 Winterhaven Drive, Newport News, noted a picture of Deep Creek in 1907 and indicated Deep Creek was beautiful then and continued to be now. He stated Deep Creek was a heritage to Newport News and old Warwick County. If the City demolished the pier, the Southside of Deep Creek would become a private lake for the elite, a few prominent residents, the restaurant and a private marina. He asked City Council to keep the Deep Creek pier in existence because it was part of the City’s heritage. He felt it would not cost much for the City to fix the Deep Creek Pier. He indicated the City could obtain property for parking through eminent domain. He suggested that the City could install cameras in the Deep Creek area to eliminate vandalism problems. He asked that City Council not lose this beautiful part of its heritage. It was something that was used by the citizens, was a nice place to go, and would be a shame to waste.
Ms. Sherry Taylor, P.O. Box 5661, Newport News, thanked City Council on behalf of the Southeast Community for the newly renovated pool at Doris Miller Recreation Center. She wanted to offer ways in which parents could prevent gang involvement. Ms. Taylor asked Mayor Frank to approve a proclamation by the After-School Alliance that planned a national observation on October 18, 2007. She reported that more than 14 million school age children were on there own after school and only a small amount participated in after school programs. She noted the website address for the After School Alliance was www.afterschoolalliance.org and www.afterschoolseeing.org. The After School Alliance helped children of need to be in a after school program by asking businesses, individuals, faith communities, churches and corporations to become sponsors of children. The point of contact for more information about the program and the national observation was Shawn Gray at 866-392-5400. Ms. Taylor hoped that Newport News would get involved. (A copy of information regarding the After School Alliance observation is attached to these minutes.)
13. Citizen Comments on Matters Germaine to the Business of City Council - Continued
Mr. Kelly Place, 213 Waller Mill Road, York County, stated he received a document from the City that referred to citizens as economic units. He felt, although that was strange terminology to use, it was reflective of some of the problems in the City with regard to citizen dissatisfaction over spending priorities of their tax dollars. The City debt of $1 billion did not include the additional hundreds of millions that the reservoir would cost because of the City’s use of water revenue bonds that were not counted against the City’s allowable debt ratio as were general obligation bonds. The truth was it was debt that, one way or the other, the citizens and the City were liable for. He was concerned that the amount of revenue received by the City, the level of service and the City’s expenditures were not reflective of what the citizens wanted to see their tax dollars used for. If a large amount of money that was spent on failed economic development projects, i.e. Aviation Worlds Fair, Excel Battery Plan, was spent to uphold the obligations that the City had to its citizens, i.e. keeping up the Deep Creek Pier, it would not be a problem. He noted a great deal of eminent domain legislation put forth by Legislators around the State last year that protected property rights of individuals against entities such as Newport News, which, in his opinion, overused the power of eminent domain in order to give to private people and entities for economic development. He suggested using eminent domain to provide necessary parking in the case of the Deep Creek Pier. The purpose of eminent domain was to take land for public use. The purpose of eminent domain was not to give land to developers who fought proffers and impact fees to fill their pockets and leave infrastructure costs to the taxpayers to pay after they depart for their next project. This was the same type of thing he saw in City Center where tax payer money was used against the will of citizens to provide a place and location for business that most citizens could not afford. He felt it was a misplaced priority. He always believed that one had to pay the proper amount of taxes to get the proper amount of services, but in this case he felt Newport News needed an anti-tax law. He was afraid that the City and their spending habits had gotten out of hand. He complimented Council members McMillan and Haskins for trying to give the public a say in the adoption of the Hampton Roads Transportation Authority, which he felt was an abomination to the citizens, as they were not allowed to comment on the issue.
Mayor Frank inquired of the City Attorney whether there had ever been a situation were the City of Newport News, in the years he had been attorney, used eminent domain to acquire private property to turn over to a private developer. City Attorney
13. Citizen Comments on Matters Germaine to the Business of City Council - Continued
Katz replied he had not seen an occasion where the City used eminent domain to acquire private property to turn over to a private developer in the last 12 years of his employment with the City or any record of such before his employment.
Mr. John Procyson, 305 Normandy Lane, Newport News, inquired about the Capital Improvement Plan (CIP) that called for $35 million in General Obligation Bonds for Fiscal Year 2008, yet $45 million was approved. He stated the approval of $45 million was a 30% increase, and inquired how the increase affected budget figures and the City’s debt ratio. He inquired about the Hogge Pond Outlet project, which was originally in the CIP for $1 million, but was approved by Council for $1.9 million, which was almost a 100% increase overnight. Mr. Procyson inquired about the dates the Hogge Pond Outlet was closed due to flooding, as he did not recall much flooding in the area. He also did not recall an accident ever occurring in the Hogge Pond area. He felt there were many alternatives the City Council could review, such as the installation of speed bumps, restriction of trucks using the road, and/or closure of the road and making it a small park. He felt once the construction on Warwick Boulevard was completed, most traffic would be eliminated from Hogge Pond Outlet. He suggested that the Hogge Pond Outlet project be eliminated from the CIP and replaced with a project to rebuild the Deep Creek Pier. He also inquired about the $3,370,000 appropriation in the CIP that was allotted to Public Schools for the replacement of 2,594 windows. He stated the $3,370,000 amounted to a cost of $1,300 per window, and questioned how the City could pay such a huge amount of money for window replacements without asking questions. He recently installed windows in his home for less than $400 per unit, and felt the City was not watching its pot.
City Manager Hildebrandt stated staff needed additional time to respond to Mr. Procyson’s inquiries and would provide City Council with a copy of the response.
Councilman Haskins inquired whether there was any information that noted the road from the top of the hill to the end of the Deep Creek Pier belonged to the City of Newport News. He inquired whether there was any information about the gift of the land from the top of the hill to the pier. City Attorney Katz stated he did not know whether there was any record, but the City did own the right-of-way on which Deep Creek Road ran from the top of the hill down to the waters edge. It was just for the width of the public right-of-way.
Councilman Haskins inquired whether the City had archived minutes of the meetings of the Board of Supervisors of the County of Warwick noting the gift of
13. Citizen Comments on Matters Germaine to the Business of City Council - Continued
land to Warwick County. City Attorney Katz replied there was no record in the public real estate records, kept by the Clerk of the Court, of any conditional conveyance from Ms. Melzer or anyone else to Warwick County, or the City of Newport News that indicated, as a condition, there must be a pier built and maintained.
Councilman Haskins requested that the City Clerk research the archived minutes of the meeting of the Board of Supervisors or the City Council of Warwick County noting, the gift of land to Warwick County.
Ms. Ruth DeMaria inquired why the City would put a road next to Deep Creek pier if they did not own the land.
Vice Mayor Allen replied there was no record and the City was trying to define that record. He was in favor of having the pier rebuilt, although, it must be rebuilt legally. The City had to have a legal document to operate from in order to spend public money.
Councilman Whitaker stated on occasion he had visited the Deep Creek Pier and wondered why it had not been maintained. He was in agreement that the Pier should be rebuilt if everything was in order legally. He voiced concern that citizens were constantly harassing City Council on why they were or were not spending money for different projects. Although, citizens had that right, Council members were citizens who paid taxes also and were elected to office to do the best they could for the citizens of Newport News. His job on City Council was to implement the things that the City needed. He did not feel comfortable with being constantly accused by the citizens of inappropriately spending money. He asked that citizens ask questions of City Council rather than accuse them of doing something wrong because that was not their intention.
City Manager Hildebrandt stated the City had a pier that could not be rehabilitated, and the issue was whether or not the pier could be rebuilt and whether the facilities and land could accommodate the pier. There was no question that the pier had to be torn down and closed. The pier posed a hazard and he did not want to be responsible should someone get hurt on a pier that was structurally unsound and could not be repaired.
Vice Mayor Allen felt it was a joint responsibility for citizens to report accidents that caused damage to City structures or facilities. He inquired why no one had
13. Citizen Comments on Matters Germaine to the Business of City Council - Continued
reported that the pier had been damaged at the time of the accident. He felt the person who damaged the pier should pay for the damage and citizens who witnessed the matter should report it to the City and not practice the no-snitching rule.
Mayor Frank stated it seemed a matter of public responsibility the pier had to be taken down. The pier was dangerously unsafe and someone could get hurt. He asked the City Manager to put together a study to see what it would take to replace the pier, and acquire enough property for adequate parking, public restroom facilities, as well as a place to discharge waste from the vessels that docked there. He asked the City Manager to report back to City Council, as part of its CIP in November 2007, and provide a option about what could be done, with cost estimates, and how the City could pay for a project to rebuild the pier. In the meantime, the City would proceed to demolish the pier due to the liability it posed.
Vice Mayor Allen thanked members of City Council, and members of the community who responded to his mother’s illness. He appreciated the many prayers and best wishes for her recovery.
Mayor Frank welcomed Councilwoman McMillan back and indicated he was glad she was recovering from her illness. He wished Councilwoman Scott a rapid recovery from her surgery.
Councilman Haskins wished Vice Mayor Allen’s mother a speedy recovery and noted she was in his prayers.
Councilwoman McMillan stated there was no place on the Virginia Peninsula, other than Newport News, that one could probably have more fun. She stated Southeast Community Day was completed and invited everyone to participate in the 17th Annual Denbigh Day that was scheduled for Saturday, September 15, 2007, with a parade starting at 10:00 a.m. This year a pre-concert was planned featuring country and western music star, Leroy Cornell. The concert was being sponsored by the Denbigh/Warwick Business Association who would still accept sponsors and donations to offset the cost of the concert. She looked forward to a successful event.
Councilwoman McMillan thanked her colleagues and the citizens for their concerns and the many calls, cares and e-mail messages she received during her illness.
14. New Business and Councilmember Comments Continued
Mayor Frank wished the Jewish Community a happy and healthy New Year, which began Wednesday, July 12, at sunset, and concluded on Friday, September 14, 2007.
THERE BEING NO FURTHER BUSINESS,
ON MOTION, COUNCIL ADJOURNED AT 9:31 P.M.
Jennifer D. Walker, CMC Joe S. Frank
Chief Deputy City Clerk Mayor
