2400 Washington Avenue

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

ABSENT: Madeline McMillan ----------------------------- 1

OTHERS PRESENT: Randy W. Hildebrandt; Stuart E. Katz; Mabel V. Washington; Alan Archer; Neil Morgan; Gregg Jones; Butch Blanks; Allen Jackson; Fire Chief Jones; Joseph Durant; Kelly Harris Braxton; Tim Shockley; Captain Trent Sturgis; Rhonda Sturgis; Sabine Hirschauer; Lottie Vincent; Cleder Jones; Kim Lee; and Jennifer D. Walker

Mr. Randy W. Hildebrandt, City Manager, distributed a memorandum dated September 21, 2007, from Dr. Ashby Kilgore, Superintendent, Newport News Public Schools (NNPS), regarding changes that were included in the City’s retirement plan recodification. (A copy of the memo is attached and made a part of these minutes.) He explained the City’s retirement supplement was amended because of a code change enacted in 1995 that resulted in paying teachers a full retirement benefit if they retired from NNPS before age 55. As a result, teachers could retire, receive a full City pension until age 55, and still earn VRS retirement credit, while continuing employment with another school system. Currently, at age 55, teachers received the City supplemental benefit (0.3% x credited years of service), which was not being changed in the recodification.

City Manager Hildebrandt, a member of the Executive Committee of Virginia First Cities (VFC), stated the City had been a member of VFC since its creation and noted that VFC played an important role in the City’s legislative process. VFC represented four Cities in the Hampton Roads region that dealt with similar issues. He introduced Ms. Kelly Harris-Braxton, Executive Director, Virginia First Cities, to report on VFC missions and objectives. 

Ms. Braxton thanked City Council for its membership in VFC for the past seven years. She reminded that VFC was at the forefront when the City thought about legislation and urban policy. She stated VFC was made up of a 30 member board from fifteen of Virginia’s older core Cities with similar conditions and needs: Charlottesville; Danville; Fredericksburg; Hampton; Hopewell; Lynchburg; Martinsville; Newport News; Norfolk; Petersburg; Portsmouth; Richmond; Roanoke; Staunton; and Winchester. (A copy of the presentation, “Newport News – Virginia First Cities Coalition – September 2007,” is attached and made a part of these minutes.)

Ms. Braxton reported that VFC began in 1999 as a loose coalition of core cities working together to promote blight legislation. She stated VFC had a 30 member board comprised of the City Manager and one elected official from each member City. Ms. Braxton noted that Mayor Frank served as Newport News’ representative. VFC realized that more could be accomplished by focusing on a city-specific agenda and battling policy inequities together as a coalition. Core Cities were burdened with poverty, joblessness, at-risk populations, older infrastructure, social issues and high fiscal stress. VFC advocated for the unique needs of core cities, and was proactive by providing studied solutions to City-specific problems, inequitable policies and funding levels.  

Ms. Braxton stated VFC’s priorities included: 1) Education Funding for At-Risk Children; 2) Redevelopment and Housing (Enterprise Zones; Blight Reduction; Brownfield Funding); 3) Urban Transportation Funding (Street Maintenance; Transit); 4) Improving Health and Human Services; 5) Enhanced Law Enforcement Funding; and 6) Equitable Tax Policies/Service Responsibilities.

Ms. Braxton shared statistical comparisons in the areas of poverty, income and fiscal stress between Newport News, York County and James City County. She pointed out that Newport News had to work harder to educate its students and therefore, had to spend and tax more for education. Newport News also had a higher crime rate which meant it spent more for public safety and health and welfare.

Councilman Whitaker explained the discrepancies could be due to the fact that Newport News provided low income housing that surrounding Counties did not offer. He stated that was one of the biggest problems that Newport News had and noted that factor caused many of the problems that Newport News had as compared to York and James City Counties. 

Ms. Braxton explained that demographics and State policies, not mismanagement, dictated expenditure and tax burden levels in Cities. She stated Newport News spent 11.5% per citizen income for local services, as opposed to 7% that was spent statewide.

Ms. Braxton noted VFC’s successes for 2007: 1) Urban Policy Task Force Impaneled/Report; 2) Constitutional Amendment #3, which allowed localities to adopt ordinances that allowed for tax abatements on new construction in rehabilitation or conservation areas.); 3) Eminent Domain Coalition/Fundraising Effort; and 4) 599 Public Safety Gubernatorial Policy Plan.

Ms. Braxton stated VFC’s goals included: 1) Increasing State funding for at-risk students; 2) Increasing adult basic education and workforce development programs; 3) Providing all citizens access to economic opportunities by expanding public transportation and encouraging affordable housing where jobs were located; 4) Building economically integrated neighborhoods by providing private sector investment incentives and state infrastructure assistance in declining neighborhood and blighted areas; 5) Reducing costs by implementing regional policies for revenue sharing, land-use, transportation, housing, and health and human services; 6) Expanding Medicaid eligibility for low-income adults; and 7) Modernizing the State tax code to help relieve the burden on low-income taxpayers.

Ms. Braxton stated each year the Virginia General Assembly was involved in “re-benchmarking”, which recalculated how much the State spent on education based on various criteria, i.e. the number of students and the number of teachers needed per school, etc. She stated VFC was very concerned about the re-benchmarking effort. The State faced a $641 million deficit and looked to localities to cut dollars. VFC was on a mission to explain the importance of at-risk student incentive funding. (A copy of report, “The Need to Preserve and Expand At-Risk Student Incentive Funding,” is attached and made a part of these minutes.)

Ms. Braxton explained VFC school divisions’ averaged 47% of free lunch students compared with an average of 22% in the rest of the State. At-risk education adequacy studies in other states had found that it took 30% or more in additional funding above the base pupil amount for successful at-risk student education. She stated the State budgeted $231 million of at-risk dollars to help treat the ills of poverty. VFC had a vested interest in protecting at-risk funds for education. She indicated various members of the Legislature were targeting at-risk funds to fill the $641 million deficit.   Ms. Braxton stated at-risk funding was on the chopping block and encouraged members of City Council to talk to their legislators about the importance of at-risk student incentive funding. She stated core Cities would suffer without help from VFC. 

Councilman Haskins inquired of the voting power for VFC’s Cities in the General Assembly. Ms. Braxton did not have the information, but indicated she would research the information. She stated that all localities had at-risk children. VML indicated they would support the effort in protecting at-risk funding. It was the responsibility of VFC and its 15 core Cities to protect at-risk funding. 

City Manager Hildebrandt stated that at-risk student incentive funding would be included in the City’s legislative package to be presented to City Council in October 2007. He stated School Superintendent Kilgore indicated that NNPS was developing information about the benefits and services provided to students because of at-risk funding. The City was also building a case of why at-risk funding was important to communities with high numbers of at-risk students.

Mayor Frank stated the issue was larger because the budget deficit would approach $400 million by the time the Legislature convened in January 2008. He stated the numbers to fully comply with the Standards of Quality were more than $1 billion. The Governor’s pre-kindergarten plan was estimated to cost $7 million. The Speaker of the House and Senator Stosch proposed a $100 million school construction program. Mayor Frank inquired where the $100 million and $70 million were coming from with a deficit approaching $400 million and a need for $1.4 billion to fully fund the Standards of Quality.  He stated part of the $170 million was from the at-risk funding. He warned the City needed to pay closer attention, because it was a question of whose programs were going to be cut.

Mayor Frank felt there was a need for a State Department of Urban Affairs to help with the concerns and issues involving urban areas of the Commonwealth. Fifty percent of the State’s revenue source came from Northern Virginia, the Richmond metropolitan area and Hampton Roads. There were so many things that impacted local governments and its ability to deliver services, i.e. unfunded mandates, transportation issues, etc. Rural areas had representation and the focus that was necessary for their future, but the urban areas were left to deal with matters on an ad-hoc basis. He felt the time had come to create a dialogue for a need for a place at the table in Richmond that would be created by having a Secretary of Urban Affairs at the Cabinet level. 

Mayor Frank reported that Governor Kaine created a group that dealt with mega projects on which he served. The group was tasked with looking at 1,000 acre, 2,000 job mega projects, and huge amounts of money to incentivize these mega projects. Unfortunately, such projects could not be accommodated by urban areas. Mayor Frank had not seen the final report, but indicated the group was able to reach agreement to constrain the acreage size so that urban communities that might put up an office building for non-manufacturing jobs would be able to benefit from the program. He stated VFC needed to look at the outcome of that report because it had the potential of disadvantaging economic development in urban areas and encouraging economic development in rural areas with State incentives. This meant that urban areas had to keep ahead of their economic needs by attracting and keeping jobs because they would not receive as much support from the State as rural areas.

Ms. Braxton stated VFC would look into the matter and research the project. She stated VFC would continue to lobby the Governor for urban Cities around the Commonwealth. She agreed with Mayor Frank to look at creative ways to take advantage of the resources of the State, and indicated VFC had pushed for Urban Policy representative in the State Department to address urban City issues.

Ms. Braxton thanked the City for agreeing to host VFC’s Spring Meeting on May 23, 2008. She invited the members of City Council to attend and encouraged their participation.   

II. Proposed Solid Waste City Code Revisions

City Manager Hildebrandt reported that in December 2005, Chapter 19 (Solid Waste) of the City Code was revised and adopted by City Council. In the summer of 2006, some citizens voiced objections that the fines were too severe for certain violations. In response to citizen concerns and Council questions, a more comprehensive review of Chapter 19 regulations was implemented. A working group was convened to produce an overly coherent philosophy and strategy that would result in a cleaner city with less trash and debris remaining uncollected. He introduced Mr. Neil Morgan, Assistant City Manager, to report on the revisions.

Assistant City Manager Morgan stated the WINN Team, a multi-departmental group, worked on illegal dumping and a staff group led by Tim Shockley, Solid Waste Administrator, Public Works, worked on the enforcement provisions. He felt the working groups came up with a general approach which made the ordinance a cost neutral proposition. He introduced Mr. Shockley to report on the revisions.

Mr. Shockley reported the working group’s effort was a comprehensive package of solutions that included three recommendations: 1) Amendments to Chapter 19 - Implementation of a graduated fine and fee schedule based on recurrence and severity; a revised definition of bulk waste and a bulk waste volume allowance; implementation of a realistic period for set-out of vegetative waste; and allowed unlimited amounts  of vegetative waste at drop off facility; 2) Information Campaign  - Change citizens perspective by encouraging citizens to “Put it in the can if you can”; and 3) Suggestions and Initiatives that make a difference - Installation of flash camera technology; using the right type of equipment; and shifting the Friday collection day to Wednesday. (A copy of presentation,”Chapter 19 WINN Team Working Group Recommendations,” is attached and made a part of these minutes.)

Councilman Whitaker voiced concerned about residents putting bulk waste in dark trash bags and inquired how the Solid Waste Division could handle this type of situation. Mr. Shockley replied the best way to handle the matter was through an educational campaign.

Councilman Whitaker inquired whether the Solid Waste Division could contact individuals who deliberately put there bulk waste in dark bags after being educated about the correct procedure. Mr. Shockley replied the Code Enforcement Division of the Solid Waste Division would enforce such an issue by educating, warning and fining residents, if necessary.

Councilwoman Scott inquired whether the information regarding revisions to Chapter 19 would be sent out to citizens in their water bills. She stated this was where citizens actually saw their solid waste fee. Mr. Schokley replied once the ordinance was adopted, the Department of Public Works would go on a 30-day campaign to make sure that all residents knew what was going to happen in order to avoid surprises.

Councilman Haskins suggested that the information regarding the revisions to Chapter 19 be announced on public service television. Mr. Shockley stated they would use all media outlets to let citizens know of the changes.

Vice Mayor Allen inquired how the Solid Waste Division would maintain their equipment if Friday pick-up was moved to Wednesday. Mr. Shockley replied the Division would maintain the equipment on Friday instead of Wednesday.

Mayor Frank voiced concern about the revision that penalized victims because of illegal dumping on their property. He stated an innocent citizen should not suffer the consequences for illegal dumpers. Assistant City Manager Morgan stated this was an enforcement option that the City would use as the last resort. He hoped that the flash camera technology would help in this endeavor.   

Vice Mayor Allen inquired about the fine for illegal dumping. Mr. Shockley replied that illegal dumping was a civil crime and estimated the fine was approximately $250.00. 

Vice Mayor Allen assumed that the flash camera technology would be used in illegal dumping sites, i.e. in the East End. He felt the fine should be increased to $1,000.00. He stated there were five sites in the East End where illegal dumping occurred weekly, the upper block of the 1000 hundred block of 30^th Street, the lower block of the 1100 block of 30^th Street, and the 900 block of 27^th Street. Mr. Shockley stated the Department was in the process of ordering the flash cameras which should arrive in the middle of October 2007.

Vice Mayor Allen inquired what set the flash cameras off. Mr. Shockley replied they were set off by motion.

Councilwoman Scott inquired whether residents of townhome communities would be notified of the change in pick-up from Friday to Wednesday or would Solid Waste notify homeowner associations. Mr. Shockley replied homeowner associations would be notified.

Councilwoman Scott felt that residents of townhomes should be given a specific day of the week to put our their bulk waste. Bulk waste became an eyesore when one had to look at it for a whole week, i.e. Saturday to the preceding Friday.  She was not sure how to go about addressing this matter, and indicated many residents complained about bulk waste being left out for a long periods of time. Mr. Shockley stated the group would look into the matter. 

THERE BEING NO FURTHER BUSINESS,

ON MOTION, COUNCIL ADJOURNED AT 4:44 P.M.

                        Jennifer D. Walker, CMC                        Joe S. Frank