Video index
Presentations
A. President’s Volunteer Service Award: Mitch Tyree
B. Commission on Youth: 2009 Asset Builder Awards
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation was rendered by Reverend Floyd Blackwell, Miracle Temple Baptist Church.
B. Pledge of Allegiance to the Flag of the United States of America
The Pledge of Allegiance to the Flag of the United States of America was led by Councilwoman Madeline McMillan.
C. Public Hearings
1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses
AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, “ZONING DISTRICT MAP” (CONSISTING OF REAL ESTATE TAX ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF THE SAID ORDINANCE NO. 5028-97. This ordinance changed the zoning of 14 parcels located at 800 to 818 Chapin Wood Drive, from C1 Retail Commercial to R4 Single Family Dwelling, to bring the existing Single-Family residences into conformity with the existing land use and the Framework for the Future 2030 Comprehensive Plan. On April 1, 2009, the Planning Commission initiated a rezoning of 14 properties located on Chapin Wood Drive, from C1 Retail Commercial to R5 Low Density Multiple Family Dwelling. The properties originally were a part of the Brookside Planned Residential Development (PRD), which permitted only townhouse development. Only a portion of the PRD was developed and the remaining property was rezoned and developed in accordance with a proffered change of zoning that limited the density to 6.9 units per acre and the development to single-family residential. The 14 properties to be rezoned were platted and approved under the C1 Retail Commercial zoning classification. Prior to the 1997 citywide comprehensive rezoning, residential uses were permitted in commercial zoning districts. The Department of Planning recommended the change to R4 Single Family Dwelling, instead of R5 Low Density Multiple Family Dwelling to be consistent with existing land uses and the R4 zoning density of 6.6 units per acre. The Planning Commission voted unanimously (9:0) to recommend approval of the change to R4 Single Family Dwelling and the City Manager concurred with the recommendation.
Mr.Ricardo Santamaria, 801 Chapin Wood Drive, NN, expressed support for the change.
Mr. Juane Naison, Chapin Wood Drive, NN, expressed support for the change. Asked that it be put back to residential.
Councilwoman McMillan advised that she was in attendance at the meeting, where all the residents were surprised that their homes were located in a retail commercial district.
Motion to closure of the public hearing 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses Moved by Bateman, seconded by Scott.
Vote to closure of the public hearing 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses (Approved)
Motion to adoption of the ordinance 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses Moved by Scott, seconded by Bateman.
Vote to adoption of the ordinance 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses (Approved)
2. Conditional Use Permit, Wesley Sharpe, 450 Bellwood Road, CU-09-264
AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-09-264 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING A SMALL MOTOR VEHICLE AND SERVICE FACILITY. This ordinance allowed, by Conditional Use Permit, a small motor vehicle repair facility on a 0.90 acre parcel located at 450 Bellwood Road and zoned M1 Light Industrial. An automobile repair facility occupied the property in the past. The facility had been closed for several years, and to operate an automobile repair facility on the property now required a conditional use permit. All work associated with the automobile repair facility would be conducted in an enclosed building minimizing the impact of the use on abutting property owners. The Planning Commission voted 9:0 to recommend to City Council the approval of the conditional use permit, with conditions, and the City Manager concurred with the recommendation.
Motion to closure of the public hearing 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses Moved by Scott, seconded by Woodbury.
Vote to closure of the public hearing 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses (Approved)
Motion to adoption of the ordinance 2. Conditional Use Permit, Wesley Sharpe, 450 Bellwood Road, CU-09-264 Moved by McMillan, seconded by Bateman.
Vote to adoption of the ordinance 2. Conditional Use Permit, Wesley Sharpe, 450 Bellwood Road, CU-09-264 (Approved) (Recorded at 00:32:04)
3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 42, WATER SUPPLY, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., WATER RATES AND FEES, SECTION 42-33, RATES AND FEES. This ordinance authorized an increase in the fire hydrant fee. On May 12, 2009, Council approved modifications to Chapter 16, which increased the fire protection service fee for Waterworks’ customers residing in the City of Newport News. Waterworks proposed an increase in the fire hydrant fee, from $200 to $216 per hydrant, per year, which affected customers residing outside of the City. Revenues generated by this fee were used to maintain the hydrants in fire-fighting-ready condition and to support that portion of the system that provided fire flows. Notice of Public Hearing was advertised in the June 11, 2009 and June 19, 2009 editions of the Daily Press, on the proposed increase. The City Manager recommended approval.
Motion to closure of the public hearing 3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee Moved by McMillan, seconded by Vick.
Vote to closure of the public hearing 3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee (Approved)
Motion to adoption of the ordinance 3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee Moved by Whitaker, seconded by Scott.
Vote to adoption of the ordinance 3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee (Approved)
D. Consent Agenda
1. Minutes of the Work Session of June 9, 2009
2. Minutes of the Special Meeting of June 9, 2009
3. Minutes of the Regular Meeting of June 9, 2009
4. Resolution of Recognition: Jeffery Henderson
A RESOLUTION OF RECOGNITION FOR JEFFERY HENDERSON. This resolution recognized Mr. Jeffery Henderson, who through selfless acts, illustrated the caring nature of Newport News City employees by donating his organs to two strangers in dire need of transplants. Mr. Henderson began his service with the City in December 2000, and was a dedicated full-time employee, working in the Treasurer’s Office as an Information Technology Analyst. In July 2005, Jeffery, who had a rare blood type of B positive, sought out a recipient needing his blood type, and underwent a kidney transplant to a Chicago, Illinois, woman on June 27, 2005. On May 4, 2009, Jeffery underwent a ten-hour operation in Richmond, to donate part of his liver to a mother of three, who had been on the transplant waiting list for several years. Jeffery used his own accrued time to donate his liver to a stranger in dire need of a transplant. The City Manager recommended approval.
5. Resolution of Recognition: Menchville High School Boys' Baseball Team and Coach Phil Forbes
A RESOLUTION OF RECOGNTION FOR THE MENCHVILLE HIGH SCHOOL BOYS’ BASEBALL TEAM, AND COACH PHIL FORBES. This Resolution recognized the Menchville High School Boys’ Baseball Team, “the Monarchs,” and Coach Phil Forbes, Group AAA State Baseball Champions. On June 7, 2009, the Monarchs won the State Championship, defeating Hanover by the score of 7-1. The baseball team finished the season with a record of 26 wins and only 2 defeats; a testament to its hard work, dedication and discipline. This championship effort earned Menchville High School its first State championship and a place in local sports history, as the first Peninsula Division Baseball Team to win a State championship. The City Council recognized the outstanding achievements of Coach Phil Forbes, his coaching staff, and the Menchville High School Boys’ Baseball Team.
6. Ordinance Amending the Fiscal Year 2009 and Fiscal Year 2010 Classification and Pay Plans to include Apprenticeship Program
AN ORDINANCE AMENDING AND REORDAINING ORDINANCE NO. 6487-08 WHICH APPROVED AND ADOPTED THE FISCAL YEAR 2009 CLASSIFICATION AND PAY PLAN FOR THE EMPLOYEES OF THE CITY OF NEWPORT NEWS AND ORDINANCE NO. 6587-09 WHICH APPROVED AND ADOPTED THE FISCAL YEAR 2010 CLASSIFICATION AND PAY PLAN FOR THE EMPLOYEES OF THE CITY OF NEWPORT NEWS. This ordinance amended and reordained Ordinance No. 6487-08, which approved the Fiscal Year 2009 Classification and Pay Plan for employees of the City of Newport News , and Ordinance No. 6587-09, which Council approved and adopted for the Fiscal Year 2010 Classification and Pay Plan, to include the Apprenticeship Program. The City had an Apprenticeship Program that was initiated to provide opportunities for employees to develop additional knowledge, skills and abilities, and assist the City in attracting and retaining employees. This program provided employees with supplemental pay allowances upon successful completion that ranged from an additional .40 cents per hour to .75 cents per hour. In reviewing the implementation of the program, it was determined that supplemental pay allowances for years 4 and 5 were inadvertently omitted from the FY 2009 and FY 2010 Classification and Pay Plan ordinances. This ordinance corrected the omissions. The City Manager recommended approval.
7. Ordinance Amending City Code, Chapter 2, Administration, §2-18: Assessment for Courthouse Maintenance Fees
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGNIA, ARTICLE I., IN GENERAL, SECTION 2-18, ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE. This ordinance amended Chapter 2. Administration, §2-18, which allowed the Court Clerk to collect a $2 Courthouse Construction, Renovation or Maintenance assessment in civil cases, in addition to the $4 assessment authorized under City Code §22-41. The General Assembly amended §17.1-281 of the Code of Virginia during its 2009 Session, which authorized localities to assess the $2 fee. City Code §2-18 authorized the Court Clerk to collect an assessment of $2 for courthouse construction, renovation, or maintenance in all criminal and traffic cases. City Code §22-41 authorized the Court Clerk to collect an assessment of $4 in civil cases to support the law library. The amendment to §2-18 allowed for the collection of the $2 assessment, in addition to the $4 assessment authorized under §22-41. The City Manager recommended approval.
8. Ordinance Amending City Code, Chapter 2, Administration, §2-96: Tuition Refund; Administrative Policies and Procedures
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV., EMPLOYEE BENEFITS, SECTION 2-96, TUITION REFUND; ADMINISTRATIVE POLICIES AND PROCEDURES. This ordinance amended and reordained the City Code, Chapter 2, Administration, Article IV. Employee Benefits, §2-96, Tuition Refund; Administrative Policies and Procedures. The Tuition Reimbursement Program was not funded in the FY 2010 Operating Budget. The program was established in the City Code as an employee benefits, and since it was not funded for FY 2010, the City Code was amended to address the suspension of the program. To simplify the process, this ordinance amended the City Code to include language that allowed for the implementation of the program, contingent upon the City Council’s annual appropriation. The City Manager recommended approval.
9. Resolution Authorizing an Agreement between the City and Hampton Roads Sanitation District (HRSD) for Payment Processing
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 AGREEMENT BY AND BETWWEEN THE HAMPTON ROADS SANITATION DISTRICT COMMISSION AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 23RD DAY OF JUNE, 2009. This resolution authorized the City Manager to execute an Agreement between the City and Hampton Roads Sanitation District (HRSD) to collect fees. The City, through its Waterworks, agreed to accept and process payments on behalf of HRSD. HRSD agreed to pay the City, for deposit into the Waterworks Enterprise Fund, the sum of $50,000 per fiscal year in lieu of providing an HRSD employee at the designated City location. This Agreement was in effect for one (1) year beginning July 1, 2009, and would automatically renew for subsequent one-year periods thereafter, unless one party gave the other written notice of termination. The Agreement could be terminated by either party with a 90-day notice to the other party. The Waterworks Enterprise Fund would receive $50,000 in revenue from this Agreement. The City Manager recommended approval.
10. Resolution Designating the City Manager as City Representative for Compliance with Section 111 of The Medicare, Medicaid, and State Children's Health Insurance Plan Extension Act of 2007 (MMSEA)
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, NAMING THE CITY MANAGER AS THE CITY’S AUTHORIZED REPRESENTATIVE FOR THE PURPOSE OF COMPLYING WITH THE MANDATORY REPORTING REQUIREMENTS OF SECTION 111 OF THE MEDICARE, MEDICAID, AND STATE CHILDREN’S HEALTH INSURANCE PLAN EXTENSION ACT OF 2007. This resolution designated the City Manager as the City’s authorized representative for Medicare, Medicaid and SCHIP Extension Act of 2007, Section 111 requirements. New regulations had been established regarding the Medicare Secondary Payer Program, to include “Responsible Reporting Entities: who provide liability insurance, no fault insurance and worker’s compensation insurance. The City is a Medicare secondary payer because it administered both the self-insurance and worker’s compensation programs; therefore, it was mandated to name an authorized representative who had legal authority and ultimate accountability for its compliance of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), Section 111 requirements. The City Attorney’s Office advised that the City Manager must be the authorized representative for the City. The City Manager recommended approval.
Motion to adoption of consent agenda D. Consent Agenda Moved by Bateman, seconded by Scott.
Vote to adoption of consent agenda D. Consent Agenda (Approved)
E. Other City Council Actions
1. Resolution Authorizing Middle Ground Boulevard Design-Build Project
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO PROCEED WITH THE EXTENTION OF MIDDLE GROUND BOULEVARD FROM JEFFERSON AVENUE TO WARWICK BOULEVARD AS A DESIGN-BUILD PROJECT WITH A FUTURE CITY COMMITMENT OF FUNDING CURRENTLY ESTIMATED AT FOUR MILLION DOLLARS ($4,000,000.00). This resolution supported the Virginia Department of Transportation (VDOT) proceeding with the Design-Build Process, the City’s commitment of up to $4 million, and authorized the City Manager to execute related City/State Agreements. VDOT estimated construction completion by 2015, if the City authorized them to proceed with a Design-Build process versus their traditional process of Design-Bid-Build, which estimated construction completion by 2018. VDOT had a $58 million funding commitment in their draft FY2010-2015 Six-Year Improvement Program slated for this project, and requests that the City agree to pay all costs in excess of the funding allocation. This resolution committed up to $4 million and allowed the City the opportunity at key project milestone dates, to halt or revise the project, if excessive costs arise. Expenses were paid from the City’s VDOT Matching Fund Account. No further funding was required. The City should be prepared to appropriate funding, as needed, during the process.
Motion to adoption of the resolution as amended 1. Resolution Authorizing Middle Ground Boulevard Design-Build Project Moved by Bateman, seconded by Whitaker.
Mayor Frank read declaration in accord with Section 2.2-3115G of the Va. Code. Copy attached.
Vote to adoption of the resolution as amended 1. Resolution Authorizing Middle Ground Boulevard Design-Build Project (Approved)
2. Resolution Authorizing the Governor’s Development Opportunity Fund Performance Agreement for the AREVA Newport News Project
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGNIA, THAT CERTAIN GOVERNOR’S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT DATED AS OF THE 1ST DAY OF JUNE, 2009, BY AND AMONG THE CITY OF NEWPORT NEWS, VIRGINIA, THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA, AND AREVA NEWPORT NEWS, LLC. This resolution authorized the Governor’s Development Opportunity Fund Performance Agreement (GOF Agreement) for the AREVA Newport News Project. City Council was briefed at its April 28, 2009 Work Session on this important economic development project. The project provided significant job creation, as well as an additional $363 million in capital investment. The GOF Agreement provided for a $3 million GOF Grant as part of a State and local incentives package offered to AREVA Newport News and Newport News Energy (the AREVA Project). The EDA Board of Directors authorized the GOF Agreement at its May 1, 1009 Board of Directors meeting. The City Manager recommended approval.
Motion to adoption of the resolution 2. Resolution Authorizing the Governor’s Development Opportunity Fund Performance Agreement for the AREVA Newport News Project Moved by Bateman, seconded by Whitaker.
Mr. Jim Hicks, AREVA Representative, spoke in support of the AREVA Newport News Project. He reported the Groundbreaking of the new faility was scheduled for July 22, 2009.
Vote to adoption of the resolution 2. Resolution Authorizing the Governor’s Development Opportunity Fund Performance Agreement for the AREVA Newport News Project (Approved)
3. Resolution Authorizing the Appropriation of Funds for the Governor’s Opportunity Fund Performance Grant for the AREVA Newport News Project
A RESOLUTION APPROPRIATING FUNDS FROM GOVERNOR’S OPPORTUNITY – AREVA ($3,000,000.00) TO CONTRACTUAL SERVICES ($3,000,000.00). This resolution authorized the appropriation of the $3 million Governor’s Opportunity Fund Grant for the AREVA Newport News Project. City Council was required to authorize acceptance of the $3 million GOF Grant and appropriate this same amount to the Economic Development Authority (EDA). The EDA would administer the payment of the grant monies to AREVA Newport News to cover site work and training costs. The GOF Agreement provided for the City to act as the grantee for receipt of the grant funds. This grant required a local match of $1.5 million, which was provided for under Item E4. The City Manager recommended approval.
Motion to adoption of the resolution 3. Resolution Authorizing the Appropriation of Funds for the Governor’s Opportunity Fund Performance Grant for the AREVA Newport News Project Moved by Vick, seconded by McMillan.
Vote to adoption of the resolution 3. Resolution Authorizing the Appropriation of Funds for the Governor’s Opportunity Fund Performance Grant for the AREVA Newport News Project (Approved)
4. Resolution Approving the Local Incentive Performance Agreement for the AREVA Newport News Project
A RESOLUTION APPROPRIATING FUNDS FROM GOVERNOR’S OPPORTUNITY – AREVA ($3,000,000.00) TO CONTRACTUAL SERVICES ($3,000,000.00). This resolution approved a local incentive performance Agreement by and between the Economic Development Authority (EDA) of the City, AREVA Newport News, LLC, Northrop Grumman Shipbuilding and Newport News Energy related to the AREVA Newport News project. The Local Incentive Performance Agreement was prepared by EDA legal counsel and reviewed and provided by the City Attorney’s Office. The Council’s approval permitted the local incentives and related performance standards to be implemented, contingent on the companies meeting the qualifications criteria. The EDA Board of Directors authorized the Local Incentive Performance Agreement subject to City Council’s subsequent approval, and subject to final and approval of the EDA Legal Counsel. The City Manager recommended approval.
Motion to adoption of the resolution 4. Resolution Approving the Local Incentive Performance Agreement for the AREVA Newport News Project Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution 4. Resolution Approving the Local Incentive Performance Agreement for the AREVA Newport News Project (Approved)
5. Ordinance Amending City Code, Chapter 40, Taxation, §40-191.1, Exemptions: Limits on Application [of Tax on Food and Beverages]
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XI., TAX ON FOOD AND BEVERAGES, SECTION 40-191.1, EXEMPTIONS; LIMITS ON APPLICATION. This ordinance amended the City Code, for conformity with the Code of Virginia, regarding the levying of taxes on meals. During the 2009 legislative session, the Virginia General Assembly amended the State Code, Section §58.1-3840, which granted cities and towns the authority to levy a tax on meals. The amendments detailed various types of meals that were exempt from the local tax. This ordinance ensured that the City Code conformed to the enabling provisions of the State Code, as amended during the 2009 General Assembly session.
Motion to adoption of the ordinance 5. Ordinance Amending City Code, Chapter 40, Taxation, §40-191.1, Exemptions: Limits on Application [of Tax on Food and Beverages] Moved by Whitaker, seconded by Bateman.
Vote to adoption of the ordinance 5. Ordinance Amending City Code, Chapter 40, Taxation, §40-191.1, Exemptions: Limits on Application [of Tax on Food and Beverages] (Approved)
6. Ordinance Amending City Code, Chapter 40, Taxation, §40-245 through §40-249, Short-Term Rental Property Tax
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 40-245, DEFINITIONS; SECTION 40-246, LEVIED; AMOUNT; SECTION 40-247, COLLECTION OF TAX; SECTION 40-248, RENTER’S CERTIFICATE OF REGISTRATION; AND SECTION 40-249, EXEMPTIONS. This ordinance amended provisions of Chapter 40, Taxation, of the City Code, to conform to provisions of the Code of Virginia. The Virginia General Assembly, during its 2009 legislative session, amended the State Code to enact Sections 58.1-3510.4 through 58.1-3501.7, which granted cities and towns the authority to tax tangible personal property held for rental and owned by a person engaged in the short-term rental business. City Code Sections 40-245 through 40-249 addressed the details of taxing short-term rental property and exemptions from this tax. The ordinance amendment ensured that the relevant sections of the City Code were in conformity with the provisions of the Code of Virginia enacted by the General Assembly. The City Manager recommended approval.
Motion to adoption of the ordinance 6. Ordinance Amending City Code, Chapter 40, Taxation, §40-245 through §40-249, Short-Term Rental Property Tax Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance 6. Ordinance Amending City Code, Chapter 40, Taxation, §40-245 through §40-249, Short-Term Rental Property Tax (Approved)
F. Appropriations
1. Planning Department - Mariners' Museum SAFTEA-LU High Priority Grant - $53,267/No local match required
A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE VIRGINIA DEPARTMENT OF TRANSPORTATION USS MONITOR CENTER – FY 2010 ($53,267.00) TO USS MONITOR CENTER SAFTEA-LU FY 2010 ALLOCATION ($53,267.00). This resolution appropriated $53,267.00 of additional funding from the Virginia Department of Transportation for the Mariners’ Museum USS Monitor Center. The Mariners’ Museum received these additional State grant funds that were a match to the federal SAFTEA-LU High Priority Fund allocations received in FY 2007, FY 2008 and FY 2009. The Museum used these funds to reimburse expenditures already made in the construction of the landscaping, lighting, sidewalks, signage and parking lots that supported the USS Monitor Center exhibit. The City’s only role, as sponsor, was limited to the handling of reimbursement transactions from the Virginia Department of Transportation to the Mariners’ Museum. No local match was required. The City Manager recommended approval.
2. Sheriff’s Office - Resolution Appropriating Asset Forfeiture Funds - $8,924/No local funds required
A RESOLUTION APPROPRIATING FUNDS FROM STATE FORFEITURE ($8,924.00) TO SPECIALIZED POLICE SUPPLIES ($8,924.00). This resolution appropriated $8,924.00 of State Revenue from the Virginia Department of Criminal Justice Services (DCJS) to the Sheriff’s Office. DCJS awarded the Sheriff’s Office asset forfeiture monies in the amount of $8,924.00. In July 2008, the Sheriff’s Office provided special assistance in a traffic stop that resulted in the seizure of $62,000 of drug money. The Code of Virginia and regulations adopted by the Board of DCJS, restricted the use of these forfeited funds to the promotion of law enforcement, but may be used to supplant existing programs or funds. These funds would be used to purchase canine training equipment and protective vests for Court Security, Transportation and Civil Enforcement Deputies. No local funds were required. The City Manager recommended approval.
3. Newport News Public School District - FY 2009 Capital Improvement Project (CIP) Request - $785,207
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED – SCHOOLS ($785,207.00) TO FY 2009 SCHOOL DESIGN ($228,207.00) AND FY 2009 SCHOOL ROOF PROJECTS ($557,000.00). This resolution appropriated $785,207.00 from the Fiscal Year 2009 Bonds Authorized and issued for School Division Capital Projects. As part of the need to curtail capital spending, the School Division offered a reduction of $3.1 million to its FY 2008 CIP funding and $4.2 million to its FY 2009 FIP funding. Since the FY 2008 CIP was appropriated, the Schools agreed to apply these savings to its remaining FY 2009 CIP request of $3,885,207.00. The net remaining appropriation available for the Schools FY 2009 CIP was $785,207.00. This appropriation would be used to fund design costs and roof replacements at Riverside, Sedgefield, Hilton, and Watkins Elementary Schools. Funding for these projects was programmed in the FY 2009 Fiscally Constrained Capital Improvements Plan. The Bond Authorization that allowed appropriations from the approved CIP was $30 million, of which $4,340,000.00 was designated for Schools. Approval of this resolution along with the reductions of $3.1 million, complete the remaining appropriations available to the School Division. The City Manager recommended approval.
Motion to adoption of appropriation F. Appropriations, Items 1 and 3. Moved by McMillan, seconded by Woodbury.
Vote to adoption of appropriation F. Appropriations, Items 1 and 3. (Approved)
Motion to adoption of appropriation F. Appropriations, Item 2. Moved by Bateman, seconded by Vick.
Vote to adoption of appropriation F. Appropriations, Item 2. (Approved)
G. Citizen Comments on Matters Germane to the Business of City Council
Mr. Milton Lyon, 216 Milstead Road, NN, delighted to inform citizens that Lee Hall Depot would be moved this week and would start its second life as a museum.
Ms. Carol Hogge. 3 Gay Drive, addressed City Council about the Deep Creek Pier. Pier, even though closed, did not lose its meaning or usefulness to the watermen.
Dr. Angela Herring, 11 Digges Drive, NN, VA, addressed Council about the School Board attorney issue. School Division found $100,000 to restore salary for Len Wallin.
Why doesn’t NNPS hire Mr. Wallin directly. Is City Attorney responsible to City Manager or City Council? Section 10.03.
Mr. Mike Minarik, 114 Linbrook Drive, NN, commented on Work Session minutes and questioned whether Council has adequate time to make decisions. Please record Work Sessions. When do you stop supporting mixed use projects with public funds. Stop trying to make things they are not. Don’t build "yuppie" communities.
H. New Business and Councilmember Comments
Councilwoman McMillan commented on the All City Musical Revue produced by Sebastian Vellila. Talent was outstanding. Congratulations to Dr. Woodbury and husband Gerard on 50 year wedding anniversary.
Councilwoman Scott thanked citizens for attendance at the North District Town Hall Meeting on 6/22/2009.
Questioned the influx of strip malls. Could we decide that we don’t need anymore? City Manager indicated property would have to be rezoned. Councilwoman Scott asked that a moratorium be considered. Get EDA o look for uses of the shopping centers.
Summer Lunch Program, Feeding Future Leaders, June 18 - Sept. 4, 2009, held at Shalom Baptist Church. Trying to take a bite out of hunger. Named all participants in the program, to include 30 plus sites.
Announced fundraising breakfast by Sister Cities, Intl. to be held 6/24/2009 at Point Plaza.
July 7, Strengthening Families Program at First Baptist Denbigh.
Regarding televising of Work Sessions, City Manager responded that the City would have to move meeting to another location and commit staff.
Councilwoman McMillan commented on influx of strip malls in North District.
Councilwoman Vick extended special hello to Pastor Blackwell.
Thanked Cpt. Shepherd and Officer Greathouse who hosted recent South District Town Meeting.
Summer Jobs Program - jobs available for youth still available. Jobs begin July 6, 2009.
Vice Mayor Whitaker advised Town Hall Meeting hosted by South District.
Councilwoman Woodbury commented on Careers Day held at Newsome Park Elementary School. Deputy City Manager Neil Morgan gave good representation.
Advised that she attended recent opening at VLM.
Delighted about AREVA project. Have to be aware of opportunities.
Believe that Work Sessions should be televised and should work with the citizens.
Adjourn
Jun 23, 2009 Regular City Council Meeting
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Presentations
A. President’s Volunteer Service Award: Mitch Tyree
B. Commission on Youth: 2009 Asset Builder Awards
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation was rendered by Reverend Floyd Blackwell, Miracle Temple Baptist Church.
B. Pledge of Allegiance to the Flag of the United States of America
The Pledge of Allegiance to the Flag of the United States of America was led by Councilwoman Madeline McMillan.
C. Public Hearings
1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses
AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, “ZONING DISTRICT MAP” (CONSISTING OF REAL ESTATE TAX ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF THE SAID ORDINANCE NO. 5028-97. This ordinance changed the zoning of 14 parcels located at 800 to 818 Chapin Wood Drive, from C1 Retail Commercial to R4 Single Family Dwelling, to bring the existing Single-Family residences into conformity with the existing land use and the Framework for the Future 2030 Comprehensive Plan. On April 1, 2009, the Planning Commission initiated a rezoning of 14 properties located on Chapin Wood Drive, from C1 Retail Commercial to R5 Low Density Multiple Family Dwelling. The properties originally were a part of the Brookside Planned Residential Development (PRD), which permitted only townhouse development. Only a portion of the PRD was developed and the remaining property was rezoned and developed in accordance with a proffered change of zoning that limited the density to 6.9 units per acre and the development to single-family residential. The 14 properties to be rezoned were platted and approved under the C1 Retail Commercial zoning classification. Prior to the 1997 citywide comprehensive rezoning, residential uses were permitted in commercial zoning districts. The Department of Planning recommended the change to R4 Single Family Dwelling, instead of R5 Low Density Multiple Family Dwelling to be consistent with existing land uses and the R4 zoning density of 6.6 units per acre. The Planning Commission voted unanimously (9:0) to recommend approval of the change to R4 Single Family Dwelling and the City Manager concurred with the recommendation.
Mr.Ricardo Santamaria, 801 Chapin Wood Drive, NN, expressed support for the change.
Mr. Juane Naison, Chapin Wood Drive, NN, expressed support for the change. Asked that it be put back to residential.
Councilwoman McMillan advised that she was in attendance at the meeting, where all the residents were surprised that their homes were located in a retail commercial district.
Motion to closure of the public hearing 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses Moved by Bateman, seconded by Scott.
Vote to closure of the public hearing 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses (Approved)
Motion to adoption of the ordinance 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses Moved by Scott, seconded by Bateman.
Vote to adoption of the ordinance 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses (Approved)
2. Conditional Use Permit, Wesley Sharpe, 450 Bellwood Road, CU-09-264
AN ORDINANCE GRANTING CONDITIONAL USE PERMIT NUMBER CU-09-264 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING A SMALL MOTOR VEHICLE AND SERVICE FACILITY. This ordinance allowed, by Conditional Use Permit, a small motor vehicle repair facility on a 0.90 acre parcel located at 450 Bellwood Road and zoned M1 Light Industrial. An automobile repair facility occupied the property in the past. The facility had been closed for several years, and to operate an automobile repair facility on the property now required a conditional use permit. All work associated with the automobile repair facility would be conducted in an enclosed building minimizing the impact of the use on abutting property owners. The Planning Commission voted 9:0 to recommend to City Council the approval of the conditional use permit, with conditions, and the City Manager concurred with the recommendation.
Motion to closure of the public hearing 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses Moved by Scott, seconded by Woodbury.
Vote to closure of the public hearing 1. Change of Zoning, Newport News Planning Commission, Z-09-273, Change to Residential for Conformity of Uses (Approved)
Motion to adoption of the ordinance 2. Conditional Use Permit, Wesley Sharpe, 450 Bellwood Road, CU-09-264 Moved by McMillan, seconded by Bateman.
Vote to adoption of the ordinance 2. Conditional Use Permit, Wesley Sharpe, 450 Bellwood Road, CU-09-264 (Approved) (Recorded at 00:32:04)
3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 42, WATER SUPPLY, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., WATER RATES AND FEES, SECTION 42-33, RATES AND FEES. This ordinance authorized an increase in the fire hydrant fee. On May 12, 2009, Council approved modifications to Chapter 16, which increased the fire protection service fee for Waterworks’ customers residing in the City of Newport News. Waterworks proposed an increase in the fire hydrant fee, from $200 to $216 per hydrant, per year, which affected customers residing outside of the City. Revenues generated by this fee were used to maintain the hydrants in fire-fighting-ready condition and to support that portion of the system that provided fire flows. Notice of Public Hearing was advertised in the June 11, 2009 and June 19, 2009 editions of the Daily Press, on the proposed increase. The City Manager recommended approval.
Motion to closure of the public hearing 3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee Moved by McMillan, seconded by Vick.
Vote to closure of the public hearing 3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee (Approved)
Motion to adoption of the ordinance 3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee Moved by Whitaker, seconded by Scott.
Vote to adoption of the ordinance 3. Ordinance Amending City Code, Chapter 42, Water Supply, §42.33: Water Rates and Fees, Fire Hydrant Fee (Approved)
D. Consent Agenda
1. Minutes of the Work Session of June 9, 2009
2. Minutes of the Special Meeting of June 9, 2009
3. Minutes of the Regular Meeting of June 9, 2009
4. Resolution of Recognition: Jeffery Henderson
A RESOLUTION OF RECOGNITION FOR JEFFERY HENDERSON. This resolution recognized Mr. Jeffery Henderson, who through selfless acts, illustrated the caring nature of Newport News City employees by donating his organs to two strangers in dire need of transplants. Mr. Henderson began his service with the City in December 2000, and was a dedicated full-time employee, working in the Treasurer’s Office as an Information Technology Analyst. In July 2005, Jeffery, who had a rare blood type of B positive, sought out a recipient needing his blood type, and underwent a kidney transplant to a Chicago, Illinois, woman on June 27, 2005. On May 4, 2009, Jeffery underwent a ten-hour operation in Richmond, to donate part of his liver to a mother of three, who had been on the transplant waiting list for several years. Jeffery used his own accrued time to donate his liver to a stranger in dire need of a transplant. The City Manager recommended approval.
5. Resolution of Recognition: Menchville High School Boys' Baseball Team and Coach Phil Forbes
A RESOLUTION OF RECOGNTION FOR THE MENCHVILLE HIGH SCHOOL BOYS’ BASEBALL TEAM, AND COACH PHIL FORBES. This Resolution recognized the Menchville High School Boys’ Baseball Team, “the Monarchs,” and Coach Phil Forbes, Group AAA State Baseball Champions. On June 7, 2009, the Monarchs won the State Championship, defeating Hanover by the score of 7-1. The baseball team finished the season with a record of 26 wins and only 2 defeats; a testament to its hard work, dedication and discipline. This championship effort earned Menchville High School its first State championship and a place in local sports history, as the first Peninsula Division Baseball Team to win a State championship. The City Council recognized the outstanding achievements of Coach Phil Forbes, his coaching staff, and the Menchville High School Boys’ Baseball Team.
6. Ordinance Amending the Fiscal Year 2009 and Fiscal Year 2010 Classification and Pay Plans to include Apprenticeship Program
AN ORDINANCE AMENDING AND REORDAINING ORDINANCE NO. 6487-08 WHICH APPROVED AND ADOPTED THE FISCAL YEAR 2009 CLASSIFICATION AND PAY PLAN FOR THE EMPLOYEES OF THE CITY OF NEWPORT NEWS AND ORDINANCE NO. 6587-09 WHICH APPROVED AND ADOPTED THE FISCAL YEAR 2010 CLASSIFICATION AND PAY PLAN FOR THE EMPLOYEES OF THE CITY OF NEWPORT NEWS. This ordinance amended and reordained Ordinance No. 6487-08, which approved the Fiscal Year 2009 Classification and Pay Plan for employees of the City of Newport News , and Ordinance No. 6587-09, which Council approved and adopted for the Fiscal Year 2010 Classification and Pay Plan, to include the Apprenticeship Program. The City had an Apprenticeship Program that was initiated to provide opportunities for employees to develop additional knowledge, skills and abilities, and assist the City in attracting and retaining employees. This program provided employees with supplemental pay allowances upon successful completion that ranged from an additional .40 cents per hour to .75 cents per hour. In reviewing the implementation of the program, it was determined that supplemental pay allowances for years 4 and 5 were inadvertently omitted from the FY 2009 and FY 2010 Classification and Pay Plan ordinances. This ordinance corrected the omissions. The City Manager recommended approval.
7. Ordinance Amending City Code, Chapter 2, Administration, §2-18: Assessment for Courthouse Maintenance Fees
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGNIA, ARTICLE I., IN GENERAL, SECTION 2-18, ASSESSMENT FOR COURTHOUSE CONSTRUCTION, RENOVATION OR MAINTENANCE. This ordinance amended Chapter 2. Administration, §2-18, which allowed the Court Clerk to collect a $2 Courthouse Construction, Renovation or Maintenance assessment in civil cases, in addition to the $4 assessment authorized under City Code §22-41. The General Assembly amended §17.1-281 of the Code of Virginia during its 2009 Session, which authorized localities to assess the $2 fee. City Code §2-18 authorized the Court Clerk to collect an assessment of $2 for courthouse construction, renovation, or maintenance in all criminal and traffic cases. City Code §22-41 authorized the Court Clerk to collect an assessment of $4 in civil cases to support the law library. The amendment to §2-18 allowed for the collection of the $2 assessment, in addition to the $4 assessment authorized under §22-41. The City Manager recommended approval.
8. Ordinance Amending City Code, Chapter 2, Administration, §2-96: Tuition Refund; Administrative Policies and Procedures
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IV., EMPLOYEE BENEFITS, SECTION 2-96, TUITION REFUND; ADMINISTRATIVE POLICIES AND PROCEDURES. This ordinance amended and reordained the City Code, Chapter 2, Administration, Article IV. Employee Benefits, §2-96, Tuition Refund; Administrative Policies and Procedures. The Tuition Reimbursement Program was not funded in the FY 2010 Operating Budget. The program was established in the City Code as an employee benefits, and since it was not funded for FY 2010, the City Code was amended to address the suspension of the program. To simplify the process, this ordinance amended the City Code to include language that allowed for the implementation of the program, contingent upon the City Council’s annual appropriation. The City Manager recommended approval.
9. Resolution Authorizing an Agreement between the City and Hampton Roads Sanitation District (HRSD) for Payment Processing
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 AGREEMENT BY AND BETWWEEN THE HAMPTON ROADS SANITATION DISTRICT COMMISSION AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 23RD DAY OF JUNE, 2009. This resolution authorized the City Manager to execute an Agreement between the City and Hampton Roads Sanitation District (HRSD) to collect fees. The City, through its Waterworks, agreed to accept and process payments on behalf of HRSD. HRSD agreed to pay the City, for deposit into the Waterworks Enterprise Fund, the sum of $50,000 per fiscal year in lieu of providing an HRSD employee at the designated City location. This Agreement was in effect for one (1) year beginning July 1, 2009, and would automatically renew for subsequent one-year periods thereafter, unless one party gave the other written notice of termination. The Agreement could be terminated by either party with a 90-day notice to the other party. The Waterworks Enterprise Fund would receive $50,000 in revenue from this Agreement. The City Manager recommended approval.
10. Resolution Designating the City Manager as City Representative for Compliance with Section 111 of The Medicare, Medicaid, and State Children's Health Insurance Plan Extension Act of 2007 (MMSEA)
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, NAMING THE CITY MANAGER AS THE CITY’S AUTHORIZED REPRESENTATIVE FOR THE PURPOSE OF COMPLYING WITH THE MANDATORY REPORTING REQUIREMENTS OF SECTION 111 OF THE MEDICARE, MEDICAID, AND STATE CHILDREN’S HEALTH INSURANCE PLAN EXTENSION ACT OF 2007. This resolution designated the City Manager as the City’s authorized representative for Medicare, Medicaid and SCHIP Extension Act of 2007, Section 111 requirements. New regulations had been established regarding the Medicare Secondary Payer Program, to include “Responsible Reporting Entities: who provide liability insurance, no fault insurance and worker’s compensation insurance. The City is a Medicare secondary payer because it administered both the self-insurance and worker’s compensation programs; therefore, it was mandated to name an authorized representative who had legal authority and ultimate accountability for its compliance of the Medicare, Medicaid and SCHIP Extension Act of 2007 (MMSEA), Section 111 requirements. The City Attorney’s Office advised that the City Manager must be the authorized representative for the City. The City Manager recommended approval.
Motion to adoption of consent agenda D. Consent Agenda Moved by Bateman, seconded by Scott.
Vote to adoption of consent agenda D. Consent Agenda (Approved)
E. Other City Council Actions
1. Resolution Authorizing Middle Ground Boulevard Design-Build Project
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO PROCEED WITH THE EXTENTION OF MIDDLE GROUND BOULEVARD FROM JEFFERSON AVENUE TO WARWICK BOULEVARD AS A DESIGN-BUILD PROJECT WITH A FUTURE CITY COMMITMENT OF FUNDING CURRENTLY ESTIMATED AT FOUR MILLION DOLLARS ($4,000,000.00). This resolution supported the Virginia Department of Transportation (VDOT) proceeding with the Design-Build Process, the City’s commitment of up to $4 million, and authorized the City Manager to execute related City/State Agreements. VDOT estimated construction completion by 2015, if the City authorized them to proceed with a Design-Build process versus their traditional process of Design-Bid-Build, which estimated construction completion by 2018. VDOT had a $58 million funding commitment in their draft FY2010-2015 Six-Year Improvement Program slated for this project, and requests that the City agree to pay all costs in excess of the funding allocation. This resolution committed up to $4 million and allowed the City the opportunity at key project milestone dates, to halt or revise the project, if excessive costs arise. Expenses were paid from the City’s VDOT Matching Fund Account. No further funding was required. The City should be prepared to appropriate funding, as needed, during the process.
Motion to adoption of the resolution as amended 1. Resolution Authorizing Middle Ground Boulevard Design-Build Project Moved by Bateman, seconded by Whitaker.
Mayor Frank read declaration in accord with Section 2.2-3115G of the Va. Code. Copy attached.
Vote to adoption of the resolution as amended 1. Resolution Authorizing Middle Ground Boulevard Design-Build Project (Approved)
2. Resolution Authorizing the Governor’s Development Opportunity Fund Performance Agreement for the AREVA Newport News Project
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGNIA, THAT CERTAIN GOVERNOR’S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE AGREEMENT DATED AS OF THE 1ST DAY OF JUNE, 2009, BY AND AMONG THE CITY OF NEWPORT NEWS, VIRGINIA, THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA, AND AREVA NEWPORT NEWS, LLC. This resolution authorized the Governor’s Development Opportunity Fund Performance Agreement (GOF Agreement) for the AREVA Newport News Project. City Council was briefed at its April 28, 2009 Work Session on this important economic development project. The project provided significant job creation, as well as an additional $363 million in capital investment. The GOF Agreement provided for a $3 million GOF Grant as part of a State and local incentives package offered to AREVA Newport News and Newport News Energy (the AREVA Project). The EDA Board of Directors authorized the GOF Agreement at its May 1, 1009 Board of Directors meeting. The City Manager recommended approval.
Motion to adoption of the resolution 2. Resolution Authorizing the Governor’s Development Opportunity Fund Performance Agreement for the AREVA Newport News Project Moved by Bateman, seconded by Whitaker.
Mr. Jim Hicks, AREVA Representative, spoke in support of the AREVA Newport News Project. He reported the Groundbreaking of the new faility was scheduled for July 22, 2009.
Vote to adoption of the resolution 2. Resolution Authorizing the Governor’s Development Opportunity Fund Performance Agreement for the AREVA Newport News Project (Approved)
3. Resolution Authorizing the Appropriation of Funds for the Governor’s Opportunity Fund Performance Grant for the AREVA Newport News Project
A RESOLUTION APPROPRIATING FUNDS FROM GOVERNOR’S OPPORTUNITY – AREVA ($3,000,000.00) TO CONTRACTUAL SERVICES ($3,000,000.00). This resolution authorized the appropriation of the $3 million Governor’s Opportunity Fund Grant for the AREVA Newport News Project. City Council was required to authorize acceptance of the $3 million GOF Grant and appropriate this same amount to the Economic Development Authority (EDA). The EDA would administer the payment of the grant monies to AREVA Newport News to cover site work and training costs. The GOF Agreement provided for the City to act as the grantee for receipt of the grant funds. This grant required a local match of $1.5 million, which was provided for under Item E4. The City Manager recommended approval.
Motion to adoption of the resolution 3. Resolution Authorizing the Appropriation of Funds for the Governor’s Opportunity Fund Performance Grant for the AREVA Newport News Project Moved by Vick, seconded by McMillan.
Vote to adoption of the resolution 3. Resolution Authorizing the Appropriation of Funds for the Governor’s Opportunity Fund Performance Grant for the AREVA Newport News Project (Approved)
4. Resolution Approving the Local Incentive Performance Agreement for the AREVA Newport News Project
A RESOLUTION APPROPRIATING FUNDS FROM GOVERNOR’S OPPORTUNITY – AREVA ($3,000,000.00) TO CONTRACTUAL SERVICES ($3,000,000.00). This resolution approved a local incentive performance Agreement by and between the Economic Development Authority (EDA) of the City, AREVA Newport News, LLC, Northrop Grumman Shipbuilding and Newport News Energy related to the AREVA Newport News project. The Local Incentive Performance Agreement was prepared by EDA legal counsel and reviewed and provided by the City Attorney’s Office. The Council’s approval permitted the local incentives and related performance standards to be implemented, contingent on the companies meeting the qualifications criteria. The EDA Board of Directors authorized the Local Incentive Performance Agreement subject to City Council’s subsequent approval, and subject to final and approval of the EDA Legal Counsel. The City Manager recommended approval.
Motion to adoption of the resolution 4. Resolution Approving the Local Incentive Performance Agreement for the AREVA Newport News Project Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution 4. Resolution Approving the Local Incentive Performance Agreement for the AREVA Newport News Project (Approved)
5. Ordinance Amending City Code, Chapter 40, Taxation, §40-191.1, Exemptions: Limits on Application [of Tax on Food and Beverages]
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XI., TAX ON FOOD AND BEVERAGES, SECTION 40-191.1, EXEMPTIONS; LIMITS ON APPLICATION. This ordinance amended the City Code, for conformity with the Code of Virginia, regarding the levying of taxes on meals. During the 2009 legislative session, the Virginia General Assembly amended the State Code, Section §58.1-3840, which granted cities and towns the authority to levy a tax on meals. The amendments detailed various types of meals that were exempt from the local tax. This ordinance ensured that the City Code conformed to the enabling provisions of the State Code, as amended during the 2009 General Assembly session.
Motion to adoption of the ordinance 5. Ordinance Amending City Code, Chapter 40, Taxation, §40-191.1, Exemptions: Limits on Application [of Tax on Food and Beverages] Moved by Whitaker, seconded by Bateman.
Vote to adoption of the ordinance 5. Ordinance Amending City Code, Chapter 40, Taxation, §40-191.1, Exemptions: Limits on Application [of Tax on Food and Beverages] (Approved)
6. Ordinance Amending City Code, Chapter 40, Taxation, §40-245 through §40-249, Short-Term Rental Property Tax
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 40-245, DEFINITIONS; SECTION 40-246, LEVIED; AMOUNT; SECTION 40-247, COLLECTION OF TAX; SECTION 40-248, RENTER’S CERTIFICATE OF REGISTRATION; AND SECTION 40-249, EXEMPTIONS. This ordinance amended provisions of Chapter 40, Taxation, of the City Code, to conform to provisions of the Code of Virginia. The Virginia General Assembly, during its 2009 legislative session, amended the State Code to enact Sections 58.1-3510.4 through 58.1-3501.7, which granted cities and towns the authority to tax tangible personal property held for rental and owned by a person engaged in the short-term rental business. City Code Sections 40-245 through 40-249 addressed the details of taxing short-term rental property and exemptions from this tax. The ordinance amendment ensured that the relevant sections of the City Code were in conformity with the provisions of the Code of Virginia enacted by the General Assembly. The City Manager recommended approval.
Motion to adoption of the ordinance 6. Ordinance Amending City Code, Chapter 40, Taxation, §40-245 through §40-249, Short-Term Rental Property Tax Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance 6. Ordinance Amending City Code, Chapter 40, Taxation, §40-245 through §40-249, Short-Term Rental Property Tax (Approved)
F. Appropriations
1. Planning Department - Mariners' Museum SAFTEA-LU High Priority Grant - $53,267/No local match required
A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE VIRGINIA DEPARTMENT OF TRANSPORTATION USS MONITOR CENTER – FY 2010 ($53,267.00) TO USS MONITOR CENTER SAFTEA-LU FY 2010 ALLOCATION ($53,267.00). This resolution appropriated $53,267.00 of additional funding from the Virginia Department of Transportation for the Mariners’ Museum USS Monitor Center. The Mariners’ Museum received these additional State grant funds that were a match to the federal SAFTEA-LU High Priority Fund allocations received in FY 2007, FY 2008 and FY 2009. The Museum used these funds to reimburse expenditures already made in the construction of the landscaping, lighting, sidewalks, signage and parking lots that supported the USS Monitor Center exhibit. The City’s only role, as sponsor, was limited to the handling of reimbursement transactions from the Virginia Department of Transportation to the Mariners’ Museum. No local match was required. The City Manager recommended approval.
2. Sheriff’s Office - Resolution Appropriating Asset Forfeiture Funds - $8,924/No local funds required
A RESOLUTION APPROPRIATING FUNDS FROM STATE FORFEITURE ($8,924.00) TO SPECIALIZED POLICE SUPPLIES ($8,924.00). This resolution appropriated $8,924.00 of State Revenue from the Virginia Department of Criminal Justice Services (DCJS) to the Sheriff’s Office. DCJS awarded the Sheriff’s Office asset forfeiture monies in the amount of $8,924.00. In July 2008, the Sheriff’s Office provided special assistance in a traffic stop that resulted in the seizure of $62,000 of drug money. The Code of Virginia and regulations adopted by the Board of DCJS, restricted the use of these forfeited funds to the promotion of law enforcement, but may be used to supplant existing programs or funds. These funds would be used to purchase canine training equipment and protective vests for Court Security, Transportation and Civil Enforcement Deputies. No local funds were required. The City Manager recommended approval.
3. Newport News Public School District - FY 2009 Capital Improvement Project (CIP) Request - $785,207
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED – SCHOOLS ($785,207.00) TO FY 2009 SCHOOL DESIGN ($228,207.00) AND FY 2009 SCHOOL ROOF PROJECTS ($557,000.00). This resolution appropriated $785,207.00 from the Fiscal Year 2009 Bonds Authorized and issued for School Division Capital Projects. As part of the need to curtail capital spending, the School Division offered a reduction of $3.1 million to its FY 2008 CIP funding and $4.2 million to its FY 2009 FIP funding. Since the FY 2008 CIP was appropriated, the Schools agreed to apply these savings to its remaining FY 2009 CIP request of $3,885,207.00. The net remaining appropriation available for the Schools FY 2009 CIP was $785,207.00. This appropriation would be used to fund design costs and roof replacements at Riverside, Sedgefield, Hilton, and Watkins Elementary Schools. Funding for these projects was programmed in the FY 2009 Fiscally Constrained Capital Improvements Plan. The Bond Authorization that allowed appropriations from the approved CIP was $30 million, of which $4,340,000.00 was designated for Schools. Approval of this resolution along with the reductions of $3.1 million, complete the remaining appropriations available to the School Division. The City Manager recommended approval.
Motion to adoption of appropriation F. Appropriations, Items 1 and 3. Moved by McMillan, seconded by Woodbury.
Vote to adoption of appropriation F. Appropriations, Items 1 and 3. (Approved)
Motion to adoption of appropriation F. Appropriations, Item 2. Moved by Bateman, seconded by Vick.
Vote to adoption of appropriation F. Appropriations, Item 2. (Approved)
G. Citizen Comments on Matters Germane to the Business of City Council
Mr. Milton Lyon, 216 Milstead Road, NN, delighted to inform citizens that Lee Hall Depot would be moved this week and would start its second life as a museum.
Ms. Carol Hogge. 3 Gay Drive, addressed City Council about the Deep Creek Pier. Pier, even though closed, did not lose its meaning or usefulness to the watermen.
Dr. Angela Herring, 11 Digges Drive, NN, VA, addressed Council about the School Board attorney issue. School Division found $100,000 to restore salary for Len Wallin.
Why doesn’t NNPS hire Mr. Wallin directly. Is City Attorney responsible to City Manager or City Council? Section 10.03.
Mr. Mike Minarik, 114 Linbrook Drive, NN, commented on Work Session minutes and questioned whether Council has adequate time to make decisions. Please record Work Sessions. When do you stop supporting mixed use projects with public funds. Stop trying to make things they are not. Don’t build "yuppie" communities.
H. New Business and Councilmember Comments
Councilwoman McMillan commented on the All City Musical Revue produced by Sebastian Vellila. Talent was outstanding. Congratulations to Dr. Woodbury and husband Gerard on 50 year wedding anniversary.
Councilwoman Scott thanked citizens for attendance at the North District Town Hall Meeting on 6/22/2009.
Questioned the influx of strip malls. Could we decide that we don’t need anymore? City Manager indicated property would have to be rezoned. Councilwoman Scott asked that a moratorium be considered. Get EDA o look for uses of the shopping centers.
Summer Lunch Program, Feeding Future Leaders, June 18 - Sept. 4, 2009, held at Shalom Baptist Church. Trying to take a bite out of hunger. Named all participants in the program, to include 30 plus sites.
Announced fundraising breakfast by Sister Cities, Intl. to be held 6/24/2009 at Point Plaza.
July 7, Strengthening Families Program at First Baptist Denbigh.
Regarding televising of Work Sessions, City Manager responded that the City would have to move meeting to another location and commit staff.
Councilwoman McMillan commented on influx of strip malls in North District.
Councilwoman Vick extended special hello to Pastor Blackwell.
Thanked Cpt. Shepherd and Officer Greathouse who hosted recent South District Town Meeting.
Summer Jobs Program - jobs available for youth still available. Jobs begin July 6, 2009.
Vice Mayor Whitaker advised Town Hall Meeting hosted by South District.
Councilwoman Woodbury commented on Careers Day held at Newsome Park Elementary School. Deputy City Manager Neil Morgan gave good representation.
Advised that she attended recent opening at VLM.
Delighted about AREVA project. Have to be aware of opportunities.
Believe that Work Sessions should be televised and should work with the citizens.
Adjourn
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