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December 11, 2007 Regular Meeting Minutes
Deecmber 11, 2007 Regular Meeting Minutes
OF THE NEWPORT NEWS CITY COUNCIL
2400 WASHINGTON AVENUE
7:30 P.M.
PRESENT: Madeline McMillan; Sharon P. Scott; Joseph C. Whitaker; Charles C. Allen; Herbert H. Bateman, Jr.; Joe S. Frank; and William F. Haskins---------------------7
1. The invocation was rendered by Reverend Danny Prescott, First Baptist Church Morrison.
2. The Pledge of Allegiance to the Flag of the United States of America was led by Councilwoman Madeline McMillan.
3. Public Hearings
(a) Hampton Roads Transportation Authority Alternative Revenue Legislative Package
Mayor Frank presented A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, IN SUPPORT OF THE REQUEST BY THE HAMPTON ROADS TRANSPORTATION AUTHORITY THAT CHAPTER 896 OF THE ACTS OF THE 2007 GENERAL ASSEMBLY BE AMENDED TO PROVIDE ALTERNATE SOURCES OF REVENUE. He advised this hearing was with respect to the Hampton Roads Transportation Authority (HRTA), established by the Virginia General Assembly, and provided a series of transportation revenue sources. The Transportation Authority had several public hearings. There was a great deal of concern about some of the taxes. A legislative committee was appointed by the Transportation Authority to review the tax package as presented by the legislature and deferred the imposition of the taxes from January 1 to April 1, 2008. This would give the legislature an opportunity to reconsider the tax structure based on input from the public. The recommendations from the HRTA legislative committee, approved by eleven of the twelve communities at the HRTA meeting, were: (1) a motor vehicle rental tax of 5%; (2) a one-time vehicle registration fee of 2%; (3) a 5% retail tax on motor fuel sales; and (4) an annual vehicle registration fee of $10. These items were in lieu of the taxes and revenue sources that had previously been adopted by the State legislature. This public hearing would allow City Council to receive public input as to whether the City of Newport News should actively support those changes in the revenue stream when the legislature convenes to consider legislation on this matter. Mayor Frank informed the public that the legislature had the authority to make changes or not, and to consider this legislation or not. He advised that this session of the legislature was an opportunity to talk to local delegates and senators about the same.
Mr. Kyle P. Adams, 1561 Briarfield Road, Apt. I, Hampton, spokesperson for the Transportation Recall Action Network (TRAN), which was created in part to address what was felt to be an abuse of power displayed on April 10, 2007 in the Council vote to establish the HRTA, stated that Council voted to support a new layer of government with unlimited power to tax citizens, violating public trust and belief in the constitutional concept of government for, of,
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3. Public Hearings Continued
(a) Hampton Roads Transportation Authority Alternative Revenue Legislative Package Continued
and by the people. Mr. Adams stated, after 20 year of construction delays, accidents and deaths, there would still be more congestion with the HRTA. He questioned why Council would go against the expressed will of the people and vote for this expansion of government? He further stated the HRTA’s absence of direct accountability to the voters and lack of a reviewing authority was an invitation to corruption, stating that the Hampton Roads Planning District Commission had already announced the first legal services contract would go to Kaufman and Canoles. Mr. Adams advised that TRAN had begun to gather signatures to formally remove Mayor Frank and Vice Mayor Allen, who hold a fiduciary responsibility to represent and serve the peoples’ best interest, from office. The removal effort would be TRAN’s first step to insure the accountability of elected officials. It was TRAN’s hope that the HRTA be abolished (a copy of Mr. Adams comments, in full, are attached and made a part of these minutes).
Ms. Laura Irby, 18 Davis Avenue, Newport News, stated that the citizens did not vote for Joe Frank as a member of the HRTA, but for Mayor. She indicated the citizens should have been allowed to vote for or against this taxing authority. Ms. Irby asked City Council to instruct the City Manager to add language to the City’s legislative package that would show the City’s support to repeal House Bill (HB) 3202.
Mr. David Irby, 18 Davis Avenue, Newport News, stated the only way to help the HRTA was to destroy it.
Mr. L. T. Vaughan, 595 Snug Harbor Lane, Newport News, reminded that citizens were not given the opportunity to comment on the HRTA until it was a done deal. He pointed out that in every public hearing in which citizens were given a chance to comment, the overwhelming majority had been against it. Passing the HRTA over the will of the people, would come back to haunt Council. Regarding the HRTA taxes, Mr. Vaughan felt the elimination of the grantor’s tax and the sales tax on automobile repairs was a good idea because neither were fair to homeowners or auto business owners in the area. He felt the best tax way to build roads and the associated infrastructure was a sales tax on gasoline as the structure was already in place to collect it. Mr. Vaughan suggested consideration of a tax on containers that enter the ports of Norfolk, Portsmouth, and the proposed port at Craney Island. Trucking and shipping interests that use the road improvements and put the heaviest wear and tear on the roads, should help pay for the roads. Mr. Vaughan indicated that abusive driver fees were fines. He disagreed with using fines as punishment to collect revenue and questioned its ethics. Mr. Vaughan also questioned the use of regional taxes on the citizens of Hampton Roads to fund improvements on the 460 corridor between Portsmouth and Petersburg, which should be a State project, not regional. He urged City Council to consider these issues when deliberating on recommendations for future taxes for the HRTA.
Councilman Haskins stated that the HRTA had received a considerable amount of unfavorable taxes. He shared his opposition to the HRTA, but felt the City of Newport News
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3. Public Hearings Continued
(a) Hampton Roads Transportation Authority Alternative Revenue Legislative Package Continued
could do nothing about eliminating the HRTA. Newport News was only one member of the Authority and seven other communities also approved it. To repeal HB 3202, citizens were urged to contact the Virginia General Assembly. City Council could change the taxing ability of the HRTA to make it more amicable for the citizens. Councilman Haskins stated that every locality had a resolution, as did Newport News, to ask the General Assembly to change the taxing authority. He stated the only people who could eliminate HB 3202 was the General Assembly of Virginia and asked citizens to voice their opinions at that level. He shared his intent to support this resolution.
Mr. Richard VanDerzee, 475 Cheshire Court, Newport News, stated the HRTA should be eliminated entirely, on or before April 1, 2008. He stated that transportation funding envisioned by the twelve regional representatives of approximately $162 million per year should be derived from other statewide coffers instead of local Hampton Roads taxpayers. The General Assembly failed to provide statewide solutions. Examples of state revenue sources were the “Rainy Day Fund” and an increase in gasoline tax. He suggested consideration of $228 million as the maximum permissible withdrawal and a gasoline tax increase of $0.06 per gallon, which would generate approximately $310 million. A third source would be available by reducing state tax exemptions for the four largest of the 453 tax exempt beneficiaries, which would total $3.287 billion. This small tax exemption reduction of 18.4% would amount to approximately $606 million. The four groups would continue to receive exemptions of $2.681 billion. The Total from the Rainy Day Fund, gas tax increases, and the exemption reduction would amount to $1.14 billion, to be dedicated for State transportation programs for FY 2008-2009. Eight percent (8%) of this statewide total would equate to the same amount desired by the HRTA of $162 million, to be dedicated for the six new Hampton Roads Transportation projects. Mr. VanDerzee indicated the local Hampton Roads legislators should be able to negotiate 8% for these important projects. He stated the draw on the revenue stabilization Rainy Day fund was in the allowable State threshold and fit the purposes for which the fund was intended and represented less than 21% of the fund total. Another source for financing the six local transportation projects was the Virginia Port Authority, the recipient of $38 million annually from the State coffers. The funds were used to improve cargo handling efficiency that resulted in added profits. This supplemental transportation funding would be for the Virginia Port Authority to return to the State all operating profits in excess of the $38 million, but never to exceed $38 million. The Port Authority might suggest that the returned monies be used for specific purposes such as rail improvements for the new terminals or prioritizing construction of improvements to the Southside Emergency Evacuation at Route 460, relieving road congestion and improving Port efficiency (a copy of Mr. VanDerzee’s remarks are attached and made a part of these minutes).
Mr. John Gergely, 449 Winterhaven Drive, Newport News, asked that the City’s legislative package include a message to the General Assembly to abolish the HRTA. He was in opposition to the HRTA and the projects that would not help this area. Mr. Gergely stated the HRTA was a fallback of the Hampton Roads Planning District Commission, and the Metropolitan Planning Organization and would not benefit Newport News or this community.
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3. Public Hearings Continued
(a) Hampton Roads Transportation Authority Alternative Revenue Legislative Package Continued
Mr. Kelly Place, 213 Waller Mill Road, Williamsburg, provided comments criticisms, and suggestions regarding the HRTA. He commented that the proposed revision to the HRTA revenue package was better than a flawed HRTA and its funding. The transportation bill, HB 3202, and the HRTA, were bad laws and bad policies. He could not accept the legitimacy of the unelected taxing authority. He stated that his preference of the proposed revenue package should not be construed as acceptance of the HRTA. Mr. Place stated that big business and big campaign contributors were the only people to benefit from and support the HRTA. The projects chosen for the proposed funding would not reduce traffic congestion. He challenged the wisdom and propriety of the lists of projects to be funded with the proposed alternative revenue package. Thousands of trucks will be funneled to the over-crowded I-64. The projects selected for funding would detract from the citizens’ quality of life and financial well-being. Environmental damage, sprawl, water degradation and improper land use were the hallmarks of the HRTA plan. Mr. Place suggested that Council add to the list of proposed legislative changes the abolition of the HRTA in a referendum so the taxpayers could have their say. The funding package should have as its first priority to expand the Hampton Roads Bridge Tunnel. He further stated, in addition to repealing HB 3202 and reconfiguring the regional transportation plan, the time had come for a statewide increase of the gas tax. He commended Council members Haskins and McMillan for their April 10, 2007 effort to allow the public to comment on the HRTA.
Mr. William Pelkey, 556H Loch Ness Drive, Newport News, recognized there was not much that could be done at the local level regarding the HRTA. He suggested the citizens could act at the HRTA meetings and vote to not add any taxes whatsoever. He indicated that citizens did not have to act on the plan even though the State provided the authority.
Councilman Whitaker moved closure of the public hearing; seconded by Vice Mayor Allen.
Vice Mayor Allen moved adoption of the above resolution; seconded by Councilman Whitaker.
Mayor Frank addressing the comments made, stated that State legislature adopted HB 3202 with the specific road projects that had been recommended by the regional Metropolitan Planning Organization, consisting of elected representatives from Hampton Roads communities. The projects were defined after a number of years of study with environmental studies, traffic impacts, air quality analyses being conducted to define what system or roadway improvements would make a difference in transportation quality in the Hampton Roads region. The package
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3. Public Hearings Continued
(a) Hampton Roads Transportation Authority Alternative Revenue Legislative Package Continued
was also accompanied by recommended funding sources, none which were adopted by the legislature. The law appointed the chief elected officers of each community in the region that was part of the Transit as a member. The law would have enabled HRTA to adopt the package of taxes enumerated in the legislation, effective January 1, 2008. After public hearings, sponsored by the HRTA, the overwhelming majority of those in attendance expressed opposition. The issue was whether there would be a transportation plan in Hampton Roads. The compromises in Richmond, was that people in other parts of the State were unwilling to support a statewide gas tax to pay for transportation. People in other parts of the State thought that the real wealth in Virginia was here in Hampton Roads and in Northern Virginia and that the area had a huge tax base, with plenty of jobs; and others had farms, and much of their industry had moved and left the State or the country, and there was concern about why they should be paying their own tax dollars to support programs in Hampton Roads and Northern Virginia. Right or wrong, the legislature came up with the idea of the regional authorities. Part of the plan came from discussions following the referendum that was defeated by the voters. The most common comments made was not that the transportation plan was not needed, but that tax money should not go to VDOT in Richmond and take the chance that it got spent somewhere else as opposed to remaining in the region to pay for projects in the region. Mayor Frank explained this was part of the rationale for having a transportation authority that controlled the money received from the region, in the region, invested by the region, in projects that would be built in the region. Instead of having the money go to the Planning District Commission or the Metropolitan Planning Organization, a transportation authority was created, with limited authority. The legislation gave authority for the taxes, and only the taxes and revenues, that were in the bill. The City had authority to go back to the legislature and ask them to reconsider the bill and to look at other revenue funds that might better fit the needs of Hampton Roads, but were revenue neutral, and adequate to build the projects in the approved list. The City did not have the right in the transportation authority legislation to add projects, but only the right to use the money generated by the tax funds that the legislature approved to build those projects listed in the legislation. Mayor Frank indicated this organization acted as a conduit - to receive the money when it came in, and to assure that the money was properly invested. Contracts would then be awarded to build the roads. Whether the HRTA administered these contracts or worked with private and public partnerships, or worked through VDOT, were issues not yet decided. Much work was needed to make those decisions over time. He stated it was not correct that these issues were not carefully thought out or studied carefully. He stated it was not true that there would be a huge bureaucracy or another layer of government. This organization only collected the monies authorized by the legislature to build the projects authorized by the legislature.
Councilman Haskins concurred. He encouraged citizens to contact the General Assembly to eliminate HB 3202. He advised that the recommendation of the HRTA did several things currently not available, i.e. it eliminated the $10 automobile inspection fee, eliminated the5% tax on automobile repairs, eliminated the grantor’s tax of $0.40 per $100 of assessed value of real estate, eliminated the annual vehicle registration fee of $10, increased only the motor vehicle rental tax from 2% to 5%, increased the one-time vehi-
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3. Public Hearings Continued
(a) Hampton Roads Transportation Authority Alternative Revenue Legislative Package Continued
cle registration fee from 1% to 2%, and provided a retail tax on motor fuel sales from 2% to 5%. Councilman Haskins reminded that he voted against the HRTA and was still not in favor of the City being a member, but stated the vote was done. There was a group of people working, approved by the General Assembly and the respective Councils, and had come up with a compromise to help the citizens eliminate many of the taxes. He felt this compromise was the best solution, other than eliminating HB 3202. He urged the citizens to request the legislator’s hold a public hearing.
Mayor Frank added that the attorneys were asked whether containers could be taxed. Having not seen the legal opinion, the attorneys advised this was a violation of the interstate commerce laws.
Councilman Bateman stated that the legislators were acting in good faith to try to get something in the transportation realm. He reminded that he voted for HRTA because he felt it was the only way to get some of the roads built. He was concerned that I-64 be widened, which drove his decision. His preference would have been that the General Assembly took care of the matter by enacting legislation as opposed to passing it to City Councils. Councilman Bateman advised this solution was better than what was given and intended to vote in favor of the resolution.
Councilman Haskins stated that the Southside received all of the funding which needed to change. The only thing this side would receive wais when they finally widened I-64, which was a bottleneck.
Mayor Frank advised that no decisions had been made on the priorities of the projects. The list that the legislature approved and created for the HRTA did not have priorities assigned. The decision must be made collaboratively by the HRTA. There would be public hearings, which would depend on funding.
Councilwoman McMillan stated that the HRTA was not a fair and equitable way to fund road projects. The City had an opportunity to share its thoughts with the General Assembly and failed to do so. The Newport News City Council voted to join with the HRTA. She did not agree that the best thing to do was to adopt this particular package of taxes. She felt the best think to do was nothing and to give the General Assembly an opportunity to redeem itself by kicking the bill to the curb. Councilwoman McMillan reminded that she did not vote on this originally, and would not vote for it now. She stated that State road projects should be paid for with State funds, not with local taxpayer money, which was double taxation.
Councilman Bateman inquired whether the General Assembly, if instructed that the roads should be paid for in a different fashion than was suggested, would approve this package carte blanc. Councilwoman McMillan responded unless told that the process was not acceptable, the General Assembly would pass the package and “rubber stamp” an
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(a) Hampton Roads Transportation Authority Alternative Revenue Legislative Package Continued
approval on the Authority, which was not what the people wanted.
Councilwoman Scott reminded that she originally supported the HRTA initiative with a limited amount of information. She expressed disappointment that the matter had gotten to the point it had. She was not convinced that anything would happen. Having looked at the list of projects, Councilwoman Scott felt the area would not be affected much and was not convinced that it would help the area. She stated that she was not comfortable supporting this resolution.
Councilman Haskins moved to amend the resolution, to instruct the General Assembly to eliminate HB 3202, and if not, that the new taxation be agreed upon as suggested by the HRTA. Mayor Frank ruled that the motion was out of order as the public notice for this meeting was limited to the resolution referred above. Councilman Haskins motion was in the nature of a motion to reconsider action previously taken by City Council, which must be done at the next ensuing meeting within 48 hours. City Attorney Katz advised that the procedure before Council was a public hearing, which was advertised indicating that the City Council would consider the above mentioned resolution with a copy on file in the City Clerk’s Office. He felt it would deviate from the Council’s practice to amend a resolution without giving advance notice to the public.
Councilman Haskins moved to defer action on this resolution to the January 8, 2008 Regular Meeting of City Council; seconded by Councilwoman McMillan.
Nays: Allen, Frank
Mayor Frank announced that Mr. Rob Wittman had been elected to the Congressional seat vacated by the death of The Honorable JoAnn Davis.
(b) City Charter Amendment to Ban Smoking in Restaurants
Mayor Frank presented A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, REQUESTING THE VIRGINIA GENERAL ASSEMBLY TO AMEND CHAPTER 17, MISCELLANEOUS PROVISIONS, OF THE CHARTER OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY ADDING A NEW SECTION THERETO TO BE DESIGNATED AS SECTION 17.08, BAN ON SMOKING IN RESTAURANTS, OR IN THE ALTERNATIVE TO SUPPORT A CHANGE IN GENERAL LAW TO BAN SMOKING IN RESTAURANTS INCLUDING BARS AND LOUNGE AREAS. He advised this requested the 2008 Virginia General Assembly to amend the Charter of the City of Newport News to allow City Council to ban smoking in restaurants, or in the alternative, to support a change in the general law
to ban smoking in restaurants, including bars and lounge areas. This amendment to the City
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(b) City Charter Amendment to Ban Smoking in Restaurants Continued
Charter, if approved by the General Assembly, would allow City Council to ban smoking in restaurants, bars and lounge areas, and establish a penalty that it deemed appropriate for any violation. “Restaurant” shall mean any building, structure, or area, having a seating capacity of fifty (50) or more patrons, where food is available for eating on the premises, in consideration of payment. In the event a bill was introduced in the 2008 General Assembly to amend the State general law that authorized a similar action, this resolution indicated the City’s support of such bill.
Ms. Irene Ferrainolo, Chair of the Coalition for a Tobacco-Free Peninsula, a Commonwealth supported coalition with 37 representatives from Hampton, Newport News, James City County and York County, 334 Ambler Court, Hampton, shared that tobacco use was the largest preventable cause of death in the United States among smokers and non-smokers. Ms. Ferrainolo advised that the Coalition began tracking smoke-free restaurants on the Peninsula ten years ago. She further advised, to-date, there were 54 smoke-free restaurants on the Peninsula, in addition to five fast-food restaurant chains. None of the restaurants experienced decreases in revenue, some reported increases. Ms. Ferrainolo urged City Council to amend the City Charter to ban smoking in restaurants.
Ms. Laura J. Irby, 18 Davis Avenue, Newport News, stated that smoking hurt the poor and felt the faster this resolution was enacted, the more the poor could be helped economically. She recommended, in conjunction with the resolution, that part of the monies received from taxes from cigarettes be used to offer inexpensive or free smoking cessation classes.
Ms. Frances Butterfoss, professor at Eastern Virginia Medical School, 1109 Moore House Road, Yorktown, represented CINCH, (Consortium For Infant and Child Health), thanked City Council for being the first Council on the Peninsula to address this issue. She stated that a ban on smoking was an effective way to protect the public’s health. (A copy of Ms. Butterfoss’ remarks are attached and made a part of these minutes). Ms. Butterfoss suggested three reasons why Newport News should adopt the smoking ban: 1) the issue of smoking in the workplace was a health and safety issue; 2) laws prohibiting smoking in workplaces, including restaurants, did not adversely affect the economic well-being as a whole; and 3) the public supported the smoke-free law by a wide margin. She urged City Council to help protect everyone who lived, worked, and visited the City of Newport News from the avoidable harm of second-hand smoke.
Mr. Joe A. Leming, 377 DeShazor Drive, Newport News, shared statistics from the book, “Cure: Cancer Updates, Research, Education.” He stated that 25,000 who never smoked were diagnosed with lung cancer in the United States annually. He suggested that if City
Council wanted to do something for public health, as opposed to public perception, that they research the causes of lung cancer, i.e. radon gas, which was the sixth leading cause of cancer in America. He inquired what the City had done about radon gas. Mr. Leming stated if City Coun-
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3. Public Hearings Continued
(b) City Charter Amendment to Ban Smoking in Restaurants Continued
cil passed the resolution, the goal was supposedly not to harass the 22-25% of the citizens that smoke. He further stated that City Council was wasting time by asking that the Virginia General Assembly amend the City Charter to include a ban on smoking in restaurants, to include bars and lounge areas.
Councilman Haskins added that 15,000 of the 25,000 individuals were diagnosed with lung cancer as result of asbestos.
Mr. A. C. Pulliam, Jr., 239 Falcon Drive, Newport News, encouraged City Council to vote in favor of the resolution to request an amendment of the City Charter to ban smoking in restaurants, to include bars and lounge areas.
Mr. William Pelkey, 556-H Loch Ness Drive, Newport News, urged City Council to support the resolution to request an amendment of the City Charter to ban smoking in restaurants, to include bars and lounge areas.
Councilman Haskins moved closure of the public hearing; seconded by Councilwoman McMillan.
Councilwoman McMillan moved adoption of the above resolution; seconded by Councilman Haskins.
Councilman Whitaker advised that he was once a smoker. He stated that smoking and second hand smoke caused many medical problems. He shared that he quit smoking via self-hypnosis in 1960. Councilman Whitaker shared that he ran an annual marathon for diabetes and that he learned a great deal about health, commenting that smoking, in particular, was devastating to the human body. He intended to vote in favor of the resolution, but questioned the rationale of having a seating capacity of 50 or more patrons in a restaurant included in the resolution. City Attorney Katz responded that the communities of Norfolk and Virginia Beach began the process to ban smoking in restaurants. He advised there was merit in being consistent with what those communities were doing since each was asking the General Assembly to amend their charters. He further advised that the current state law, referred to as the Virginia Indoor Clean Air Act, that regulated smoking in places, defined a restaurant as a place that seated 50 patrons and offered food for consideration. This definition was included in the resolution. The City Attorney felt it would be senseless to ask the General Assembly to ban smoking in restaurants without defining a “restaurant.” He reiterated that the public hearing was advertised, and the public had the expectation that City Council would either vote for or against the resolution. He advised the risk of amending the resolution was tied to the timing to get bills introduced at the 2008 session of the Virginia General Assembly.
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3. Public Hearings Continued
(b) City Charter Amendment to Ban Smoking in Restaurants Continued
Councilwoman Scott inquired whether the smoking ban would include privately-owned establishments, such as the Elk’s Lodge and the American Legion, who also operated restaurants. City Attorney Katz responded that the smoking ban included any place that invited the public in would be subject to the ban. Mayor Frank added that this was for establishments that offered food for compensation.
Councilwoman McMillan posed a question asked by a citizen regarding the ban on the sale of cigarettes in the City. City Attorney Katz advised that he would research the matter and report back to City Council.
Mayor Frank shared a memorandum from the American Cancer Society outlining the risks and problems with secondary smoke and the impact on businesses. He found the information well documented and as part of the rationale for the decision to support the smoking ban, and asked that the memorandum be made a part of the official record (attached to these minutes).
(c) Amendment of Denbigh Toyota, Inc. and Warwick #15198 Limited Partnership Lease
Mayor Frank presented 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 TO A LEASE FOR SEVEN PARCELS OF LAND BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND DENBIGH TOYOTA, INC. AND WARWICK #15198 LIMITED PARTNERSHIP DATED THE 11TH DAY OF DECEMBER, 2007. He advised this authorized the execution of an amendment to the Denbigh Toyota, Inc. and Warwick #15198 Limited Partnership lease of City property located at 15198 Warwick Boulevard, which was the site for the future Northern Recreation Center. The lease expired December 31, 2007. Mayor Frank further advised there were substantial rental fees that the applicant would pay the City $21,416.67 each month, beginning January 1, 2008, and if the lease was extended for an additional month after the first three months, payments would increase to $42,833.34 per month.
Mr. Butch Capps, representing Denbigh Toyota, 15198 Warwick Boulevard, was available for questions.
Councilwoman Scott stated the North District Community Center had been on hold for a while and expressed her eagerness for Denbigh Toyota to vacate the site. She com-
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(c) Amendment of Denbigh Toyota, Inc. and Warwick #15198 Limited Partnership Lease Continued
mended Mr. Capps for cleaning up the site and being a good neighbor.
Councilman Whitaker moved closure of the public hearing; seconded by Councilwoman Scott.
Councilman Whitaker moved adoption of the above resolution; seconded by Councilman Haskins.
Councilwoman McMillan requested that the City Manager initiate public meetings on the design of the Center before March 1, 2008, particularly since the City was facing another delay. This would assure the public that something was being done.
Vice Mayor Allen expressed concern about time and cost on this particular project. He stated there appeared to be a recession in terms of materials costs. He inquired whether the City was impacting its costs if the three one-month extensions were granted. Vice Mayor Allen further expressed concern whether the City would be compensated enough to protect its bonds and the money set aside for the project. He inquired whether a performance bond could be required. City Attorney Katz advised that this was a lease for six months at a much higher rent than was paid before. The lease only granted one additional month extension at double the higher rent. Vice Mayor Allen questioned whether the increase in rent would cover the increased cost of materials and whether the City would be covered. City Manager Hildebrandt responded that this was a $10 million project, with construction costs increasing approximately 3-4% per year. The City would receive $42,000 in one month’s rent, or approximately $500,000 per year, which would cover the increased costs of construction. Vice Mayor Allen stated that facing a $200,000 - $300,000 increase, did not affect the City in terms of inflation. He was encouraged by what Denigh Toyota was doing, but felt the City was not being protected and asked that more protection be sought.
(d) Renewal of Lease for Jackson School Site by Newport News Shipbuilding and Dry Dock Company
Mayor Frank presented 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 TO NO. 13 TO A
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LEASE FOR A PORTION OF THE FORMER JACKSON SCHOOL SITE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY DATED THE 11TH DAY OF DECEMBER, 2007. He advised this authorized the execution of Amendment No. 13 to the lease of the former Jackson School site to Newport News Shipbuilding and Dry Dock Company for another year. The Shipyard requested another one-year extension of its lease of the property. This amendment incorporated an adjustment of three percent (3%) to the rental rate, thereby increasing the annual payment to $117,482.86. All other terms and conditions of the original lease remained unchanged.
Councilman Haskins moved closure of the public hearing; seconded by Councilman Whitaker.
Councilman Haskins moved adoption of the above resolution; seconded by Councilman Whitaker.
4. Consent Agenda
Councilwoman Haskins moved adoption of the Consent Agenda, Items a through e, both inclusive, as shown below; seconded by Vice Mayor Allen.
(a) Minutes of Work Session of November 27, 2007
(b) Minutes of Regular Meeting of November 27, 2007
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4. Consent Agenda Continued
(c) Fiber Optic Cable License Agreement with Newport News Shipbuilding and Dry Dock Company for Use of Public Right-of-Way
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 TEMPORARY, NONEXCLUSIVE, REVOCABLE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY DATED THE 1ST DAY OF DECEMBER, 2007. He advised this authorized the execution of a temporary, non-exclusive, revocable fiber optic cable license agreement with Newport News Shipbuilding and Dry Dock Company for use of the City’s rights-of-way for the installation of fiber optic cable. This license agreement was similar to the previous ones that City Council approved for the underground installation of fiber optic cable in the City’s rights-of-way. This conduit pathway extended from the property of Newport News Shipbuilding and Dry Dock Company located outside of Building 600, heading north on Marshall Avenue, then turning east on 48th Street, then connecting to Building 620, and continuing until turning north on City Line Road, and then turning east again on Mercedes Drive going across the Hampton City line. This fiber optic system consisted of underground hand-hole vaults strategically placed along the designated pathway for access points.
(d) Resolution of Recognition – Heart Walk Steering Committee
A RESOLUTION OF RECOGNITION FOR THE HEART WALK STEERING COMMITTEE. This resolution recognized the City of Newport News 2007 Heart Walk Steering Committee. The Heart Walk was the signature fund-raising event for the American Heart Association (AHA). The AHA fund-raising efforts receive tremendous support and participation by the City’s Heart Walk Steering Committee each year.
(e) City Code Amendment Relative to Daily Rental Property Tax Administration
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XV., DAILY RENTAL PROPERTY TAX, SECTION 40-247, COLLECTION OF TAX; AND
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4. Consent Agenda Continued
(e) City Code Amendment Relative to Daily Rental Property Tax Administration Continued
BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 40-247.1, PENALTY FOR FAILURE TO FILE RETURN OR MAKING FALSE RETURN. This ordinance amended the City Code relative to the daily rental property tax to reflect certain administrative changes made by the 2007 Virginia General Assembly. These changes to the appropriate City Code made them consistent with State Code changes made by the 2007 General Assembly. The changes included transferring full responsibility for administering the tax locally to the Commissioner of the Revenue from the administrative system shared with the City Treasurer. It further increased the interest on taxes and penalties from 8% to 10% per annum.
5. Ratifying Ordinance – Phase I of Taliaferro Road Area Sewer Extension Project
AN ORDINANCE RATIFYING ASSESSMENTS AGAINST ABUTTING LANDOWNERS FOR THE CONSTRUCTION OF PHASE I OF A SANITARY SEWER OF APPROXIMATELY 8,000 FEET TO SERVE PROPERTIES ALONG TALIAFERRO ROAD, CRAFFORD ROAD, LULA CARTER ROAD, AND THE PORTION OF YORKTOWN ROAD BETWEEN CRAFFORD ROAD AND THE YORK COUNTY LINE IN NEWPORT NEWS, VIRGINIA, THE COST THEREOF TO BE APPORTIONED AMONG THE CITY OF NEWPORT NEWS AND THE ABUTTING LANDOWNERS, AND DIRECTING THAT AN ABSTRACT OF THIS ORDINANCE BE RECORDED SHOWING THE FINAL AMOUNT THAT WILL BE ASSESSED AGAINST EACH LANDOWNER. This ordinance ratified the assessments for property owners to be served by Phase I of the Taliaferro Road area sewer extension project. Phase I construction of this project was complete and would serve fifty-six (56) properties along Taliaferro Road, Crafford Road, Lula Carter Road, and the portion of Yorktown Road between Crafford Road and the York County line. The sewer assessment fee for each lot was $4,228.14, with a separate fee of $263.00 for each connection to the sewer system. Subsequent to the approval of this ratifying ordinance, invoices and details for applying for the City’s assessment payment postponement program would be provided to each property owner.
City Manager Hildebrandt advised, at the request and direction of City Council, a meeting was conducted on November 6, 2007 at the Lee Hall Training Center, to meet with residents affected by this project. Staff reviewed the sewer policy and answered questions about how it applied to this particular project. Residents inquired whether grants available from the federal or state government that would reduce or modify the cost to the residents. Staff did the research but could find no federal grants available for this type of project to the City of Newport News. The City Manager recommended that Council move forward with this ratifying ordinance as it was consistent with the sewer policy the City had in place since the 1970’s and the way that
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5. Ratifying Ordinance – Phase I of Taliaferro Road Area Sewer Extension Project Continued
property owners were assessed. who benefited from sewer extensions over the past thirty plus years.
Ms. Dianne Murray, 115 Crafford Road, Newport News, representing residents of the Endview community, expressed dissatisfaction of Council’s policy for the sewer assessments. She stated that the residents did meet with City staff and inquired about funding assistance. She asked that Council continue looking into funding options for the residents, either from legislators or federal funds. Residents inquired about tax options, questioning whether payment for the project was tax deductible. Ms. Murray stated that every homeowner was assessed sewer fees to pay for the maintenance of the system, and questioned whether neighborhoods had been asked to pay $200,000 for project construction costs. Regarding the policy for sewer assessments and extensions, residents asked that the City clarify the process. The Taliaferro Road residents felt that they should be provided all of the services provided to the entire City, i.e. street lights, fire hydrants, etc. Ms. Murray stated this area was provided one step at a time with the assistance of former Mayor Jessie Rattley. The Taliaferro Road area was one of the last undeveloped neighborhoods. Ms. Murray inquired whether there was a policy in existence that stated there must be participation in the project by a majority of the residents. She further questioned the policy when opposition was shown against the project by a majority of the residents. Ms. Murry stated the residents wanted the project, but did not want the few opposed to be forced to participate. Why have public hearings if nothing can be done? Residents need some recourse. She ask that City Council asked the General Assembly to review the sanitary sewer ordinance/policies.
City Manager Hildebrandt advised that this project cost the City $1.6 million and the citizens were being assessed approximately 20% of its cost. Under State law, the City could have assessed as high as 50% of the project cost. The City traditionally set the rate based on the general cost of constructing sewers and had never collected as much as 50% of the cost. The rate being assessed the residents of the Taliaferro Road neighborhood was based on current construction costs and was modified every few years by City Council as the cost of construction increased. Most parts of the City were developed under the subdivision ordinance in place for more than 40 years, and had sewers put in because they were required. Certain areas of the City were constructed before those ordinances required sewers and there were no collection or transmission systems available. City Manager Hildebrandt advised that all residents received a letter before the project began, and were informed about the proposal. There were times, when there was opposition, that City Council chose not to build a sewer extension. City Council had authority to move forward. He indicated there was no opposition to the project in the beginning about whether the project should be built, but occurred when the assessments were proposed. The rates had been set well before the proposing ordinance was adopted.
Mayor Frank inquired whether the City received information from the Health Department about the septic tank systems and their failure; and whether the priority of instituting sewer extension projects were predicated on data from the Health Department about the public health issues. City Manager Hildlebrandt responded that the staff looked at the condition of septic tanks, the number that were failing, etc. in terms of priorities to program the sewer exten-
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5. Ratifying Ordinance – Phase I of Taliaferro Road Area Sewer Extension Project Continued
sion projects. He stated there were very few areas remaining in the City that did not have sewers extended either by the developer who built the area or by the City.
Councilwoman Scott stated that even though the City had “always done it this way” in terms of sewer extensions, there were a couple of matters that could be modified, such as the length of time given the citizens to pay for the project. Often times there were unique situations when over half of the residents were 75 years old or above and lived on a fixed income. She felt it was important to lower the impact to their budget. She further indicated the interest rate charged could be looked into. Mayor Frank stated the interest rate was 3.26% per annum. City Manager Hildebrandt stated there may be a State law that authorized payments over ten years, but he was not certain this period could be extended beyond ten years. Councilwoman Scott replied that she was under the impression it could be extended up to twenty years.
Vice Mayor Allen stated there was a choice – the choice being not to build the sewer; but if not built and the health code was enforced, there was a cost of maintaining the sewer. He thought the Chesapeake Bay Act required a back-up system, which would exceed $4,200.00. The wisdom of the issue was to proceed. Those that fell into the income brackets should seek tax relief, either deferring the taxes until the property was required to be sold, or under the law, excusing taxes based on the income of the individual. He felt the best choice was to build the sewer and do the assessment.
Mayor Frank stated the project was already built and the costs incurred. The City had been charging families that owned property, a portion of the cost, for years. He felt it would be unfair to the other citizens who had paid the cost to have a special rule for citizens on one street. He further stated that having a sewer system improved the value of the citizen’s home, saved the risk of failure of septic tank systems, and the costs of maintenance and repair of septic tank systems. He expressed his intent to support the ordinance.
Councilman Bateman moved adoption of the above ordinance; seconded by Councilman Haskins.
6. City Code Amendments Relative to Solid Waste Collection and Disposal
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 19, SOLID WASTE, LITTER AND RECYCLING, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA. This ordinance amended the City Code to provide revisions to Chapter 19 relative to solid waste collection and disposal. The recommended changes provided a balance of important
and competing policy considerations, including the cost of operations, realistic expectations of citizen behavior, and the goal of maintaining a clean city. Greater emphasis would be placed on informing and educating citizens on regulations and the fine structure for violations.
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6. City Code Amendments Relative to Solid Waste Collection and Disposal Continued
Neil Morgan, Assistant City Manager, provided an overview of some of the philosophies behind the changes associated with trash collection. Mr. Morgan stated, for over one year, City staff had worked on a set of recommendations intended to improve the rules that reflected the common sense behavior of law-abiding citizens, kept the cost of collection under control, and hopefully, resulted in a cleaner City. Changes included: 1) shifts from Friday to Wednesday collection; 2) use of rear-end loading trucks for the collection of smaller bulk-waste items; and 3) the use of flash-camera technology to attack illegal dumping. Basic changes, substantive in nature included: 1) consolidating the fines and violations in a single section with a graduated fine and fee schedule so that the severity of the violation related to the fine. This also defined a warning procedure so that the occasional uninformed and not particularly significant act was abated with a warning and so that repeat offenders received an increasing fine for continuance of non-compliance; 2) a specific definition given to bulk waste to clarify what could be set out at the curb, with the intention to encourage citizens to put everything in the “can” in terms of the efficiency of collection; 3) the volume of bulk waste allowed curb side was reduced from 18 cubic yards to 6 cubic yards; 4) unlimited vegetative waste drop-off at the Denbigh facility; and 5) a relaxed vegetative waste set-out timeframe.
Mr. Morgan advised the changes would take effect on February 1, 2008. The Director of Public Works would have a 90-day public information phase-in period between February 1 – May 1, 2008. A comprehensive public information campaign would be a part of the ordinance implementation. Citizens were encouraged to contact the Solid Waste Division of the Department of Public Works for further information and to check the City’s website for frequent updates.
(No Speakers)
Councilman Bateman moved adoption of the above ordinance; seconded by Councilman Whitaker.
Absent During Vote: Haskins
7. Adoption of a Strategic Action Plan to Support the City’s Vision Statement, Vision Principles and Operating Guidelines
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, ADOPTING THE STRATEGIC ACTION PLAN FOR THE CITY OF NEWPORT NEWS. This resolution adopted Strategic Action Plan for the City of Newport News. City Council adopted its Vision Statement, Vision Principles and Operating Guidelines by resolution on January 9, 2007. Subsequently, at a retreat in September 2007, City Council agreed upon certain ideas to guide the City’s future, which were to be included in a Strategic Action Plan.
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7. Adoption of a Strategic Action Plan to Support the City’s Vision Statement, Vision Principles and Operating Guidelines Continued
This resolution provided the approval of the Strategic Action Plan, which coordinated activities included in the Vision Statement, Vision Principles and Operating Guidelines, as well as supported the City’s Workforce Innovation (WINN) process.
(No Speakers)
Councilman Whitaker moved adoption of the above resolution; seconded by Councilman Bateman.
8. City/State Agreement for Project Three of the Warwick Boulevard Widening Project
A. Appropriation of Funding
A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – STREETS AND BRIDGES ($412,825.00) TO WARWICK BOULEVARD FROM NUTMEG QUARTER TO NETTLES DRIVE, PROJECT 3 ($412,825.00). This resolution appropriated $412,825.00 from FY 2008 Bonds Authorized and Unissued for the City’s share of the cost for Project Three of the Warwick Boulevard widening project. Funding for the City’s share of this phase of the project was programmed in the City’s Capital Improvements Plan. Project Three represented the final of multiple projects to widen and improve Warwick Boulevard from J. Clyde Morris Boulevard to Nettles Drive. All of the funding for this project was part of the City’s Virginia Department of Transportation (VDOT) Urban allocation, which required a 2% City share of the cost.
(No Speakers)
Councilman Haskins moved adoption of the above resolution; seconded by Vice Mayor Allen.
Ayes: McMillan, Scott, Whitaker, Allen, Bateman, Frank, Haskins
B. Authorization to Execute the City/State Agreement for Project Three of the Warwick Boulevard Widening Project
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE
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8. City/State Agreement for Project Three of the Warwick Boulevard Widening Project Continued
B. Authorization to Execute the City/State Agreement for Project Three of the Warwick Boulevard Widening Project Continued
CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AGREEMENT FOR PROJECT CONSTRUCTION, OPERATION, AND MAINTENANCE BY AND BETWEEN THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 11TH DAY OF DECEMBER, 2007, FOR THAT CERTAIN ROUTE 60, WARWICK BOULEVARD WIDENING PROJECT, AS IDENTIFIED IN SAID AGREEMENT. This resolution authorized the execution of a City/State Agreement with VDOT for the third and final project of the Warwick Boulevard widening project from Sweetbriar Drive to Nettles Drive. This particular agreement primarily involved the widening of the roadway, installation of sidewalks, streetlights, mast arm traffic signals and completion of storm drainage from Nettles Drive to Nutmeg Quarter Place. VDOT advertised, received bids and awarded the construction contract for Project Three to the low bidder.
(No Speakers)
Councilman Bateman moved adoption of the above resolution; seconded by Councilman Haskins.
Ayes: McMillan, Scott, Whitaker, Allen, Bateman, Frank, Haskins
Councilwoman Haskins moved adoption of Items B, C, F, G, H and I, as shown below; seconded by Councilman Bateman.
(b) Court and City Hall Area Parking Improvements
A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 SURPLUS OPERATING FUND BALANCE ($250,000.00) TO COURT AND CITY HALL AREA PARKING ($250,000.00). This resolution appropriated $250,000.00 from the Fiscal Year 2007 Surplus Operating Fund Balance to fund visitor parking improvements in the Court and City Hall Downtown areas. This project involved the construction of additional visitor parking spaces across from the Bateman Center on 23rd Street. It also included the expansion and reconstruction of visitor parking in the 2500 Block of Huntington Avenue across 25th Street from the new Juvenile Services Facility. These projects consolidated short-term, free visitor parking in the City Hall parking lot and created long-term visitor parking in the new lots. The City’s Economic Development Authority (EDA) would contribute an additional $125,000.00 to these projects.
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9. Appropriations Continued
(b) Court and City Hall Area Parking Improvements Continued
(c) Renovation Work at City Hall and the Former Community Services Board Building Continued
A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 SURPLUS OPERATING FUND BALANCE ($500,000.00) TO RENOVATION – CITY HALL ($250,000.00) AND RENOVATION – JUSTICE BUILDING ($250,000.00). This resolution appropriated $500,000.00 from the Fiscal Year 2007 Surplus Operating Fund Balance to fund continued renovation work at City Hall and the former Community Services Board Building. The City Hall renovations planned for this funding involved the Development, Planning and Fire Administration areas. The funding would be used principally for materials, and City Farm crews would perform the majority of the renovation work. This funding would also facilitate moving 70 Sheriff Department administrative personnel to the 2nd Floor of the former Community Services Board Building. This action would reduce the overall occupancy load in the jail.
(f) Drug Free Communities Support Program Grant
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($98,876.00) TO DRUG-FREE COMMUNITIES GRANT ($98,876.00). This resolution appropriated $98,876.00 of Federal Grant Revenue for the City’s Drug Free Communities Support Program. This federal grant program was administered by the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. The program was a collaborative effort among the Executive Office of the President, Office of National Drug Control Policy, and the Substance Abuse and Mental Health Services Administration. The local Community Services Board and participating coalitions would be providing $126,908.00 of in-kind support for the program. There was no local grant match required of the City for this federal grant.
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9. Appropriations Continued
(f) Drug Free Communities Support Program Grant Continued
(g) Federal COPS Technology Grant
A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – EQUIPMENT ($300,000.00) TO COPS 2007 TECHNOLOGY GRANT MATCH ($300,000.00). This resolution appropriated $300,000.00 Fiscal Year Bonds Authorized and Unissued as the City’s Cash Match for the 2007 Federal COPS Technology Grant. This appropriation represented the City’s cash grant match for participating in the regional initiative in becoming compliant with new public safety radio communication standards. This new round of federal grant funding would continue the prior grant funding effort that established the regional network that would be used to support the 700 MHz P25 public safety command and control radio network. The expected fiscal impact for ongoing maintenance for the infrastructure components was $30,000.00 annually, which would be incorporated into the City’s Information Technology annual operating budget.
(h) Continuation of Redevelopment Activities in Southeast Community
A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – DEVELOPMENT ($1,200,000.00) TO SOUTHEAST COMMUNITY REDEVELOPMENT ACTIVITIES ($1,200,000.00). This resolution appropriated $1,200,000.00 from Fiscal Year 2008 Bonds Authorized and Unissued to continue Redevelopment Activities associated with the Southeast Community Redevelopment Plan. This appropriation was needed to continue property acquisition and redevelopment activities detailed in the Plan. The Newport News Redevelopment and Housing Authority (NNRHA) was the lead agency implementing this Plan. Specific expenditures proposed for this appropriation involved the acquisition of properties in Madison Heights, and the east and west sides of Jefferson Avenue in the project area, site-specific environmental investigation and cleanup, relocation, and demolition and clearing of blighted structures.
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9. Appropriations Continued
(i) Public Safety Radio Network Improvements
A RESOLUTION APPROPRIATING FUNDS FROM FY 2008 BONDS AUTHORIZED AND UNISSUED – EQUIPMENT ($826,835.00) TO PUBLIC SAFETY RADIO NETWORK IMPROVEMENTS ($826,835.00). This resolution appropriated $826,835.00 from Fiscal Year 2008 Bonds Authorized and Unissued for the public safety radio network improvement project. Funding for this project was programmed in the City’s CIP. The City’s radio network infrastructure provided the primary field communications for Newport News Public Safety and Public Service agencies with approximately 3,500 subscriber devices averaging over 30,000 push-to-talk requests daily. Additionally, in order to maintain compatibility with current hardware/firmware standards, this project would update the computers and radio control software used by the City’s 911 Dispatch staff.
A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 SURPLUS OPERATING FUND BALANCE ($600,000.00) TO FIRE STATION #11 ($600,000.00). This resolution appropriated $600,000.00 from the Fiscal Year 2007 Surplus Operating Fund Balance to provide construction funding for a temporary Fire Station #11 at the Newport News-Williamsburg International Airport to improve service to the Denbigh area adjacent to the Airport. This funding provided for a design-build “temporary” structure to house three pieces of fire apparatus and six firefighters/medics. This structure would be completed by the summer of 2008, and would give the City greater opportunity to create a new, permanent station in future years. The project also had the additional benefit of providing backup emergency response at the Airport.
Councilman Haskins indicated that it was his intent to vote against this resolution. He felt that the City was reducing fire coverage in the Hilton area. He stated the Hilton area was an old community and a fire in the community would be disastrous and he did not agree with that expenditure.
Mayor Frank stated when the Fire Chief briefed City Council on this matter, he suggested that effective coverage in the Hilton area would not be diminished. City Manager Hildebrandt confirmed the Fire Department’s position. He stated the ambulance unit being moved from Briarfield and the second pumper being moved from the Main Street Station were secondary response units, meaning they would only follow the initial response unit that made the
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9. Appropriations Continued
(a) Fire Station #11 Continued
first response. The area in the Southern part of the City had several fire stations within close proximity and the Fire Department’s evaluation was that equipment from the other stations could reach a fire or emergency scene quickly enough without diminishing the response in that area of the City. The response time was generally in the 4-5 minute range, but 8-10 minutes in the area of the airport, which would essentially be too long, hence the reason to move two pieces of equipment that were back-up and secondary response equipment from the Southern part of the City to this particular new station.
Councilman Haskins indicated that he had checked with a former Fire Chief, who advised to move this equipment from the Hilton area was a mistake.
Vice Mayor Allen moved adoption of Consent Agenda, Item A; seconded by Councilman Whitaker.
Vice Mayor Allen stated it was important that the Station be built and asked the City Manager to review the equipment and the manning of the Station to address the concerns of Councilman Haskins.
(d) Citywide Special Events Funding
A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 SURPLUS OPERATING FUND BALANCE ($550,000.00) TO SPECIAL EVENTS FUNDING ($550,000.00). This resolution appropriated $550,000.00 from the Fiscal Year 2007 Surplus Operating Fund Balance to support citywide special events programming. This funding would allow the creation of a Special Events Revolving Fund, and a one-time appropriation to provide programmatic continuity. It would provide support for events throughout the City including the Port Warwick Arts and Sculpture Festival, various community events including Denbigh Day and Southeast Community Day and an upgrade in Hollydazzle programming. With this appropriation, calendars and contractual commitments, through the Fall of 2008, could be made consistent with the major events that City Council previously approved.
Councilman Bateman stated that A through E were expenditures based on usage of the City’s surplus. He had a position that as much of the surplus be maintained as possible. He was willing to evaluate certain vital and important areas. He felt items D and E could wait until the Spring. It was his intent not to support these items.
Mayor Frank inquired of the City Manager that Item D was critical because of
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10. Appropriations Continued
(d) Citywide Special Events Funding Continued
the lay-out for advance contracting and planning for the summer months, that the City would be at a disadvantage to wait until July when the regular budget came into affect to contract for some of the events that needed to take place in the summer, such as the Fourth of July celebration.
City Manager Hildebrandt responded that the real affect of this, other than the $30,000 of additional money for the non-City Center events was to be able to provide, along with what was in the 2008 Fiscal Year Budget, enough money to ensure the City could program, advertise, market and contract for all of the events in 2008. This was a one-time type of expenditure. After this, if a reserve fund was created in future fiscal years, this would allow the programming of that money 6-8 months before the events began to occur.
Vice Mayor Allen moved adoption of Consent Agenda, Item D and E; seconded by Councilman Whitaker.
Nays: Bateman, Haskins
(e) Planned Parks Improvement Projects
A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 SURPLUS OPERATING FUND BALANCE ($400,000.00) TO DEFERRED PARKS CIP PROJECTS ($400,000.00). This resolution appropriated $400,000.00 from the Fiscal Year 2007 Surplus Operating Fund Balance to fund various planned parks improvement projects that were deferred in the Fiscal Year 2008 Capital Improvements Plan (CIP). Funding that was appropriated to demolish the Deep Creek Pier and to repair the Menchville Marina bulkhead was taken from the Fiscal Year 2008 Parks CIP line item, thereby deferring several planned projects. This proposed appropriation would restore that funding and allow these and urgent deferred projects to move forward. A listing of the deferred projects that would be funded was contained in the attached City Manager memorandum.
City Manager Hildebrandt stated this resolution included items and projects that Parks and Recreation planned during FY 2007 when a source of money was needed to address what was thought to be a more urgent and immediate need on the pier and the wharf improvements. Money was moved from the Parks and Recreation budget to support this. Several of the projects had some urgency, but he could not say they could wait until the spring for funding. He felt these projects should go forward and was a small portion of the amount of surplus available to carryover. Mayor Frank stated even after these appropriations, there would be approximately $8 million left to deal with in the coming budget year.
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9. Appropriations Continued
(e) Planned Parks Improvement Projects Continued
Nays: Bateman, Haskins
10. Citizen Comments on Matters Germane to the Business of City Council
Ms. Kimberly Winn, P. O. Box 2216, Newport News, urged more accountability by police officers, particularly with regard to the police shooting death of Robert L. Harper. She expressed concern that the officer responsible for the shooting was still on active duty. She suggested a citizen’s group to review some of the situations needing evaluation in the Newport News Police Department.
Ms. Carol Hogge, 3 Gay Drive, Newport News, advocated keeping the Deep Creek Pier. She shared a 2002 internal memorandum from members of the Newport News City Council to then City Manager Ed Maroney concerning the repair or replacement of the Deep Creek Pier. The memorandum expressed an interest in keeping the Deep Creek Pier open to the public. It requested a report that delineated the options regarding the preservation and maintenance of the Pier as well as the issue of deferred maintenance regarding the same. The memo asked for thoughts on the continuance for City Farm labor to repair and maintain the Pier and asked how City Farm labor was utilized to perform other work on City piers. Thoughts and ideas of citizens who used the Pier were to be factored into the report as well as the creation of an advisory group comprised of the watermen community, the neighborhood, and citizens-at-large.
Mayor Frank advised that the City Manager was asked to bring forward the plans, with a cost estimate regarding the Deep Creek Pier, as well as scheduling public meetings in the neighborhood to view the recommended plans and to receive comment and feedback. City Manager Hildebrandt responded that his direction was to proceed with plans for a pedestrian pier, not a wharf pier for use by watermen. City Manager Hildebrandt further stated it was the intent to develop and improve the facilities on the Menchville side of the harbor. Input would be welcomed from the watermen as there would be meetings as to how the City could better make the Menchville area usable by the industry.
Councilwoman McMillan expressed concern about fishing not being allowed. It was her hope that this be reconsidered. She stated a pedestrian pier was a pedestrian pier and she did not see why children could not fish off of that pier.
Mr. Davis Kundis, 106 Church Road, Newport News, advocated the efforts being made to conduct a recall for the Mayor. He requested a copy of the cost study for the payback on City Center. He stressed the need for the City to stop extravagant spending of taxpayer dollars and to reduce the real estate tax rate to $0.93 per one hundred. Mr. Kundis stated the City had a huge debt and the citizens were hurting financially, and questioned how City Council continued to support the City Manager’s ever-increasing spending without proper tax relief. He urged Council to vote the will of the people as opposed to what “the Mayor wants.” Regarding HRTA,
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10. Citizen Comments on Matters Germane to the Business of City Council Continued
Mr. Kundis commended Council members Haskins and McMillan for their vote in opposition.
Mr. Imam Muhammed Asadi, 1020 Hampton Avenue, Newport News, proposed a concept called “Legacy Square,” a designated area in the Southeast Community. A copy of the proposed plan is attached and made a part of these minutes. Mr. Asadi also shared a plaque noting historical events and experiences as noted by a 90 year-old ex-slave, Mr. Thomas Tyler.
Mr. George Colley, 3 Boxwood Lane, Newport News, expressed gratitude to the City for its support of the efforts by the Department of Parks, Recreation & Tourism to fund the neighborhood pool initiative. He also applauded the City Council for its effort to request to the General Assembly a Charter change to issue a ban on smoking in restaurants. Mr. Colley further expressed gratitude for City Council’s support for soccer leagues in the City. He further requested additional funds for more field hockey and soccer fields in the City.
Councilwoman McMillan inquired about the softball fields at Stoney Run being converted to a soccer field. City Manager Hildebrandt indicated he would get a report as to the fields’ convertibility.
Mr. C. W. Powell, 3 Gay Drive, Newport News, expressed opposition to a proposed “walking pier” at Deep Creek. He expressed his opinion that the construction of a pedestrian pier at Deep Creek would be a waste of taxpayer’s money. He indicated there was a “walking pier” at City Farm which people were unaware of, which was a waste of taxpayer’s money. He further expressed support to rebuild the Deep Creek Pier.
Mr. Bob Killebrew, 13 Hilton Terrace, representing RETRO (Real Estate Tax Relief Organization), shared the goal of RETRO was to reduce the real estate tax rate from $1.10 $0.93 per one hundred, which would provide the citizens real tax relief and would return taxes to a level consistent with rates before the surge in appraisals in 2004-2005. Mr. Killebrew suggested that there needed to be spending reductions in both the City’s operating budget and Capital Improvements Plan (CIP). He recommended specific cuts to include economic development initiatives, golf course renovation, and contributions to community facilities.
Ms. Cary Nunnally, 9 Hilton Terrace, Newport News, advocated for more strict spending of taxpayer’s dollars. She stated the City Council’s vision would have been acceptable had there been some benefit for the majority of the citizens. As public servants, Ms. Nunnally requested that the real estate tax rate be reduce to $0.93 per one hundred in fiscal year 2009. She further expressed support of justice for the family of the late Robert L. Harper, victim of police shooting death. Ms. Nunnally further advocated a repeal of the HRTA legislation.
Ms. Angela Harris, 2101 Jefferson Avenue, Newport News, noted her family’s local history and its desire to develop family-owned property in the Southeast community. She urged City Council to make better decisions on working with the citizens in the community. Ms. Harris referenced “land-banking,” properties that the Newport News Redevelopment & Housing
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10. Citizen Comments on Matters Germane to the Business of City Council Continued
Authority owned using citizen’s money. She further shared the violations against members of her family by the Newport News Public Schools and the Newport News Police Department.
Ms. Dianne Murray, 115 Crafford Road, Newport News, expressed concern regarding the tax base for the Endview community, in relation to Asheton, who would be at a different tax base. Ms. Murray advised that there were three other subdivisions planned for the Endview community and inquired how they would affect the tax base impact. She urged Council members to review this matter.
Mr. Kelly Place, 213 Waller Mill Road, Williamsburg, commenting on the State wide gas tax and other mechanisms for funding transportation needs throughout the region and the State. He suggested that a statewide increase in the gas tax would be a more appropriate method of funding improved transportation. He further suggested that this be included in the City’s legislative package. Mr. Place requested the package of transportation projects to be funded through the HRTA be revised.
City Manager Hildebrandt wished the citizens a joyous holiday season and thanked City Council for its support and the additional time off during the holidays.
Mr. Hildebrandt reported that there were other mechanisms in place to serve homeless individuals. He stated the Salvation Army was using a grant from the State to provide vouchers in motels and extended stay facilities, expecting to serve approximately 250 individuals and families. The City was reviewing different options, including organizations that might operate the Friends of the Homeless facility, as well as options to expand the voucher program. He further advised that the City was working with other jurisdictions in the Region to find a way to cooperate on a ten-year plan to eliminate homelessness on the Peninsula.
City Attorney Katz wished all citizens a joyous holiday season and a Happy New Year.
Councilwoman McMillan expressed condolences to the family of Mr. Fred Gann, an involved citizen heading up the Newport News Taxpayer’s Association, who recently passed away. Mr. Gann served for over 50 years as a volunteer firefighter.
Councilwoman McMillan wished all citizens a joyous holiday season.
Councilwoman Scott reminded citizens of the North District’s 6th Annual Food Drive party scheduled for December 15, 2007, at the Patrick Henry Mall from 11:00 a.m. – 8:00 p.m. She mentioned those sponsors making the Food Drive possible including Patrick Henry Mall, Light of Hope Center, Dominion Physical Therapy, Walmart, American Legion Post 368, the Department of Parks, Recreation and Tourism, and the Newport News Office of Human Affairs, as well as a number of groups lined up to provide entertainment. Citizens that donated
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Minutes of Regular Meeting
December 11, 2007
11. New Business and Councilmember Comments Continued
non-perishable food items at Newport News Park during the Celebration in Lights would be granted $2 off of the admission price.
Councilwoman Scott announced the next North District Town Hall Meeting was scheduled for Monday, January 28, 2008 at the American Legion Post 368. The Department of Parks, Recreation and Tourism was invited to share information about the North District Recreation Center. She thanked the Department heads for their support and assistance of the North District.
Councilwoman Scott wished all citizens a joyous holiday season and a Happy New Year.
Councilman Whitaker reported that $5,000 was raised during his marathon and campaign for the American Diabetes Association held in November. He thanked everyone for their support in this effort.
Councilman Whitaker wished all citizens a joyous holiday season.
Vice Mayor Allen responded to Ms. Murray, citizen in the Endview community, advising that she would be affected by the development of the Asheton community. The large lots would become very valuable and the assessments and property values would increase. He urged the citizens to plan for the development and to plan carefully to be “inclusive”, citing the Southeast Development plan as an example. Vice Mayor Allen further stated that none of us would agree on everything and urged the Region to come to agreement on something quickly regarding future growth or be affected economically, particularly concerning transportation issues.
Councilman Bateman thanked citizens for their input during the year. He further wished all citizens a happy holiday season.
Mayor Frank expressed congratulations to Mr. Rob Wittman on his election to the Congressional seat vacated by the recent death of the Honorable Jo Ann Davis in the First Congressional District.
Mayor Frank expressed appreciation to the City Manager and the City staff for their hard work, professionalism and dedication.
Mayor Frank expressed condolences to the family of Mr. Fred Gann.
Mayor Frank wished all citizens a joyous holiday season.
Councilman Haskins wished all citizens a Merry Christmas and a Happy New Year.
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Minutes of Regular Meeting
December 11, 2007
THERE BEING NO FURTHER BUSINESS,
ON MOTION, COUNCIL ADJOURNED AT 11:03 P.M.
