Video index
Presentations
A. Proclamation: Community Family Week - November 7-14, 2009
Presentation of the VML Green Government Challenge Award
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation rendered by Father Joe Majewski, St. Jerome Catholic 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 Councilman Herbert H. Bateman, Jr.
C. Public Hearings
1. Resolution Authorizing a Lease Agreement between the City and Virginia Hospitality Services, Inc. to Provide Food and Beverage Services for the Newport News Golf Club at Deer Run
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, ANY AND ALL DOCUMENTS TO IMPLEMENT A LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND VIRGINIA HOSPITALITY SERVICES, INC., FOR THE OPERATION OF A RESTAURANT AND CONCESSIONS AT NEWPORT NEWS GOLF CLUB AT DEER RUN. This resolution authorized a lease with Virginia Hospitality Services, Inc. to provide food and beverage services for the Newport News Golf Club at Deer Run. The lease agreement for food and beverage services at the City’s golf course expired on December 31, 2009. The previous contracted vendor, New Dominion Golf Clubs, Inc., continued to provide services on a month-to-month basis since the lease expired; however, they notified the City that they would discontinue services as of October 31, 2009. Advertisements seeking bids from a new food and beverage vendor began in April 2009. An interview panel interviewed two bidders on June 2009 and subsequently recommended awarding a new lease agreement to Virginia Hospitality Services, Inc. A contract for specific services was negotiated with Virginia Hospitality Services, Inc., included $500 per month rent, and a 10% commission paid on gross receipts. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by Whitaker, seconded by Vick.
Vote to closure of the public hearing (Approved)
Motion to adoption of the resolution Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution (Approved)
2. Conditional Use Permit, CU-09-265, Z-Mark, LLC., for a Proposed 7-Eleven Convenience Store
AN ORDINANCE APPROVING PLN-09-01 AND THEREBY APPROVING THE MARSHALL AVENUE LAND USE STUDY AS AN AMENDMENT TO THE COMPREHENSIVE PLAN, FRAMEWORK FOR THE FUTURE 2030, FOR THE CITY OF NEWPORT NEWS. This ordinance amended Conditional Use Permit CU-99-42, Ordinance 5259-99, by expanding the house of operation for a proposed 7-Eleven Convenience Store with gas pumps, which would replace the Zooms located on a 0.86 acre property at 12460 Warwick Boulevard. On March 23, 1999, City Council approved a Conditional Use Permit for the Zooms Convenience Store, with gas pumps, with a condition that limited the house of operation to protect the adjacent single family homes from noise and glare during the early morning house. The Zooms Convenience Store owner, was selling all of his stores to 7-Eleven, Inc., and as part of the sale, requested the removal of the condition that limited the hours of operation from 5:00 a.m. to midnight, to allow the store to operate 24 hours per day, seven days per week, consistent with 7-Eleven’s business model and all of the other stores in the deal. The Planning Department recommended denial of the request because the support of the neighbors for the original Conditional Use Permit was based on the limited hours of operation. The Planning Commission voted 4:3 to recommend to City Council the approval of removing the condition that limits the hours of operations from 5:00 a.m. to midnight. The Acting City Manager concurred with the Planning staff’s recommendation to deny the request to remove the condition that limited the hours of operation.
Mr. Steve Romaine - Requested an amendment to the Ordinance for an additional five hours. Would be a benefit to deter crime. He felt the staff report overstated the conditions.
Mr. Dave Irby, Market Manager for 7-Eleven, requested an amendment of an additional five hours to have the store open.
Mr. Roy Spivey, 6 Minton Drive, voiced concern about the trash at Zooms, Wendy’s and 7-Eleven. The noise and light are not problems due to the hours of operation;; however, did not know of issue if property was opened 24-hours a day. He feels crime and noise would come if store was open 24 hours a day. The neighborhood was not embracing Zooms, but had a good relationship with present owner. If this was approved, it would open the door for Wendy’s to be open 24 hours a day.
Mr. Ben Lilley, 17 Gay Drive, neighbor of Zooms, voiced concern about 7-Eleven being opened 24 hours a day. How did Zooms operate all those years without the five hour additional time to stock. The neighborhood was not behind the additional operating hours. Please consider the neighbors who live adjacent to such properties. If you approve please include stipulations. Please do not approve the matter.
Michael F. Carpenter, 19 Oakland Drive, spoke against the CU Permit to break the covenant. If you open the door for this Wendy’s would ask for the same thing. He suggested that 7-Eleven operate from 7am to 11pm. He requested that City Council vote ag
Motion to closure of the public hearing Moved by Scott, seconded by Bateman.
Vote to closure of the public hearing (Approved)
Motion to denial of the ordinance Moved by Scott, seconded by Bateman.
Vote to denial of the ordinance (Approved)
3. Zoning Text Amendment, ZT-09-274, City of Newport News, to Regulate the Use and Storage of Freight Containers
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NRWPORT NEWS, VIRGINIA, ARTICLE V., GENERAL REGULATIONS, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 45-528, FREIGHT CONTAINERS (SHIPPING CONTAINERS). This ordinance amended Zoning Ordinance by adding Section 45-528, which regulated the use and storage of freight containers within the City’s Zoning Districts. The amendment permitted the storage of freight containers in the port area and specifically defined the area as being located along the James River and Hampton Roads harbor from 73rd Street to I-664 and zoned M2 Heavy Industrial. Freight containers were also permitted to be used for temporary storage and permanently stored on other industrially zoned properties. The containers could not be stacked. Freight containers were permitted as an accessory use for the temporary storage of transported goods in all commercial and office zoning districts. The ordinance permitted one container to be used for permanent storage on P1 Park zoned property, if the property contained more than 15 acres. The freight containers must be screened from view, and were not permitted to be utilized in residential zoning districts, except as part of a construction site. The Planning Commission voted unanimously (7:0) to recommend to City Council the adoption of this amendment. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by McMillan, seconded by Scott.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance as amended Moved by McMillan, seconded by Vick.
Vote to adoption of the ordinance as amended (Approved)
4. Ordinance Authorizing the Vacation of a Paper Street Known as Henry Lee Drive
AN ORDINANCE VACATING A STREET IN THE CITY OF NEWPORT NEWS, VIRGNIA, AS DESCRIBED HEREIN. This ordinance authorized the vacation of a paper street known as Henry Lee Drive and authorized the Acting City Manager to execute any documents necessary to effectuate the transaction. Henry Lee Drive was a variable width public easement of right-of-way that was originally created prior to the 1930’s in the County of Warwick, stretching from Lebanon Church Road north to the York County line. The City did not have fee simple interest in the paper street, had never maintained it as a public street, and a significant unimproved portion of the right-of-way rests within the boundaries of the Yorktown Naval Weapons Station since the federal government condemned the property during World War II. Information regarding the public easement of right-of-way was circulated for interdepartmental review. City staff concluded that the City was best served by vacating its interest in the paper street to clear up present and future title issues. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by McMillan, seconded by Scott.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by McMillan, seconded by Vick.
Vote to adoption of the ordinance (Approved)
D. Consent Agenda
1. Minutes of the Work Session of October 13, 2009
2. Minutes of the Regular Meeting of October 13, 2009
3. Ordinance Amending City Code, Chapter 22, Library System, §22-35, Established; Locations: To Change the Address of the Newport News Public Law Library
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 22, LIBRARY SYSTEM, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., LAW LIBRARY, SETION 22-25, ESTABLISHED; LOCATION. This ordinance amended City Code, Chapter 22, Library System, which reflected the change of address of the Newport News Public Law Library. In May 2008, the Newport News Public Law Library moved from 2500 Washington Avenue to 2501 Washington Avenue. The City Code was amended to reflect the correct address for the Public Law Library. The Acting City Manager recommended approval.
Councilwoman Scott stated she would be a hipocrite because she voted against the request that Wendy's made. Councilwoman Woodbury voiced concern for neighbors and could not support the matter. Councilman would vote against the matter. Councilwoman Vick stated she wanted to support the matter, but felt was out nurmbered. Mayor Frank stated he was in support of the matter, but stated having denied Wendy's would not be fair. Vice Mayor Whitaker felt if neighbors were against it he would also
Amended Ordinance
4. Resolution Approving and Adopting the Acceptable Internet Use Policy for the Newport News Public Library System
A RESOLUTION APPROVING AND ADOPTING AN ACCEPTABLE USE POLICY FOR INTERNET ACCESS FOR THE CITY OF NEWPORT NEWS PUBLIC LIBRARY SYSTEM. This resolution adopted the Acceptable Internet Use Policy for the Newport News Public Library System as required by the Code of Virginia, Chapter 64, Section 42.1-36.1. The Code of Virginia required that the governing authority for the Library System establish, and biennially file, and Acceptable Internet Use Police (AIUP) with the Library of Virginia on or before December 1. The Library System’s Board of Trustees reviewed the AIUP at its September 2009 meeting and endorsed the Policy. The Acting City Manager recommended approval.
5. Ordinance Amending City Code, Chapter 6, Animals and Fowl, §6-9, Noisy Animals or Birds; Noise Chapter 28, Offenses-Miscellaneous, §28-36, Noise from Sound Systems and Devices; and Repeal Chapter 26.1
AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY AMENDING CHAPTER 6, ANIMALS AND FOWL, ARTICLE I., IN GENERAL, SECTION 6-9, NOISY ANIMALS OR BIRDS; CHAPTER 28, OFFENSES-MISCELLANEOUS, SECTION 28-36, NOISE FROM SOUND SYSTEMS AND DEVICES; AND BY REPEALING CHAPTER 26.1, NOISE. This ordinance amended the City Code, Chapter 6, Animals and Fowl; Chapter 28, Offenses-Miscellaneous; and repealed Chapter 26.1, Noise. This ordinance reflected changes to clarify the standards and allow enforcement. This ordinance replaced the existing noise ordinance. The Acting City Manager recommended approval.
6. Ordinance Amending Chapter 2, Administration, Article XVI, City Support for Youth Development, Division 3, Commission on Youth, §2-516, Composition; Appointment and Terms of Members
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XVI., CITY SUPPORT FOR YOUTH DEVELOPMENT, DIVISION 3., COMMISSION ON YOUTH, SECTION 2-516, COMPOSITION; APPOINTMENT AND TERMS OF MEMBERS. This ordinance amended the City Code, Chapter 2, Administration, Article XVI., City Support f or Youth Development, Division 3., Commission on Youth, Section 2-516, to increase the number of youth members to nine. The Commission on Youth was created in November 2002. The Commission’s membership included eight members, representing the seven Newport News public and private high schools, and one representative from the Mayor’s Youth Commission. Since the inception of the Commission, the Newport News Public Schools (NNPS) district added another public high school, An Achievable Dream High School, to its directory of schools. A representative from An Achievable Dream High School was selected by the school, for recommendation to serve on the Commission on Youth. The ordinance increased the number of youth members from eight to nine. The Acting City Manager recommended approval.
Motion to adoption of consent agenda
Moved by Scott, seconded by Vick.
Vote to adoption of consent agenda
(Approved)
E. Other City Council Actions
1. Ordinance Amending City Code, Chapter 26, Motor Vehicles and Traffic, §26-16, Authority to Move Vehicles; §26-17.1, Tow Truck Service Operations: Definitions and Adds the Following New §26-17.1.1 Licenses Required,
§26-17.1.2 License to be Displayed, §26-17.1-3 Standards of Practice, and
§26-17.1.4, Requirements for Drivers; §26-196, Definitions: Abandoned Motor Vehicles; §26-198, Search for Owner; and Repealing §26-200 Vehicles Abandoned in Garages
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL SECTION 26-16, AUTHORITY OF POLICY TO MOVE VEHICLE INVOLVED IN ACCIDENT; REMOVAL AND DISPOSITION OF UNATTENDED, ILLEGALLY PARKED OR IMMOBILE VEHILCES; SECTION 26-17.1, TOW TRUCK SERVICE OPERATIONS-DEFINITIONS; AND BY ADDING THERETO NEW SECTIONS, NAMELY: SECTION 26-17.1.1, LICENSES REQUIRED; SECTION 26-17.1.2, LICENSE TO BE DISPLAYED; SECTION 26-17.3, STANDARDS OF PRACTICE AND SECTION 26-17.4, REQUIREMENTS FOR DRIVERS; BY AMENDING ARTICLE VII., ABANDONED VEHICLES, SECTION 26-196, DEFINIATIONS; SECTION 2 6-198, NOTICE OF REMOVAL; AND BY REPEALING SECTION 26-200, VEHICLES ABANDONED IN GARAGES. This ordinance amended the City Code, Chapter 26, Motor Vehicles and Traffic, to parallel the State Coe and to incorporate recommendations from the Towing Advisory Board. The Towing Advisory Board recommended incorporating mandatory standards from State regulations into the City Code to parallel the State Code. The ordinance reflects recommendations of the Towing Advisory Board, actual practices of the Newport News Police Department, and State regulators. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance (Approved)
2. Ordinance Adopting Additions to City Code, Chapter 40.1, Underground Installation of Lines and Pipes and their Related Facilities; §40.1-5, Creation of Underground Utilities Districts - This Item was Withdrawn by the City Manager.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40.1, UNDERGROUND INSTALLATION OF LINES AND PIPES AND THEIR RELATED FACILITIES, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, SECTION 40.1-5, CREATION OF UNDERGROUND UTILITIES DISTRICTS. This ordinance adopted additions to the City Code, Charter 40.1, for the creation of rights-of-way districts (2) underground utilities. City staff had been working with the Virginia Department of Transportation (VDOT) in developing project plans for a Public Hearing in February 2010 for the Middle Ground Boulevard Extension project. As part of this process, staff determined that the City’s existing ordinance related to placing overhead utilities underground, did not specifically include the Middle Ground Boulevard Extension project. After further review of other roadway segments needing to be included in this ordinance, staff recommended the inclusion of Atkinson Boulevard from Jefferson Avenue to Warwick Boulevard, and relocated Route 60 from Fort Eustis to the James City County line. Both were new and non-existing roadways. The Acting City Manager recommended approval.
3. Resolution Approving A Request to the Virginia Department of Transportation (VDOT) to Place Underground Overhead Utilities on Future Roadway Improvement Projects
A RESOLUTION TO REQUEST THE INCLUSION OF UNDERGROUNDING OF OVERHEADING UTILITIES IN THE PROGRAMMING OF CERTAIN URBAN IMPROVIEMENT PROJECTS TY THE VIRGINIA DEPARTMENT OF TRANSPORATION. This resolution requested that VDOT place overhead utilities underground in future roadway improvement projects. City staff had worked with VDOT to develop project plans for a Public Hearing in February 2010 for the Middle Ground Boulevard Extension project. As part of this process, staff determined that none of the City’s previous resolutions to VDOT on this project included a specific request for overhead utilities to be placed underground. VDOT formerly requested that the request be made. The following projects are included in the resolution: (1) Middle Ground Boulevard; (2) Atkinson Boulevard; and (3) Relocated Route 60. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Whitaker, seconded by Woodbury.
Vote to adoption of the resolution (Approved)
4. Ordinance Adopting an Amendment to City Code, Chapter 26, Article IX, Residential Parking Permit Program (RPPP), §26-226, Residential Permit Parking
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IX., RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 26-226, DESIGNATED RESIDENTIAL PERMIT PARKING AREAS. This ordinance amended the City Code, Chapter 26, to include 65th Street between Huntington Avenue and Warwick Boulevard. The residents in the surrounding blocks were having difficulty with parking due to the overflow of patrons from the Newport News Shipyard, along with the problems associated with this overflow, such as liter and loud noise. In accordance with the ordinance, the residents submitted a petition, and the Department of Engineering completed a parking study, with a favorable recommendation, to admit the 300 block of 65th Street into the RPPP. The addition of 65th Street into the RPPP was administratively approved. Action from City Council is requested to revise the ordinance. Direct costs for the inclusion of 65th Street would be the operating budget expenses associated with the cost of sign materials, installation and maintenance, which totaled approximately $900, and was offset by RPPP fees of $10 annually per vehicle. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance (Approved)
5. Resolution Approving the Appropriation of $244,000 from the 2009 Virginia Revolving Loan Fund (VRLF) for the Roanoke Avenue Sanitary Sewer Rehabilitation, Phase IIB Project
A RESOLUTION APPROPRIATING FUND FROM 2009 VIRGINIA REVOLVING LOAN FUND PROGRAM ($244,000.00) TO ROANOKE SANITARY SEWER, PHASE IIB ($244,000.00). This resolution appropriated $244,000.00 from the 2009 Virginia Revolving Loan Fund (VRLF) for the Roanoke Avenue Sanitary Sewer Rehabilitation, Phase IIB Project. The existing sanitary sewer pipes along Roanoke Avenue were cracked and damaged, thereby causing infiltration into the sanitary sewer system. This project was necessary to prevent further pipe failures and groundwater infiltration. The project proposed the replacement of existing sanitary sewer pipes along Roanoke Avenue to correct deficiencies in the pipes. There were a total of seven phases scheduled for this project. Phases I and IIA had been previously constructed. Phases IIIA and IIIB were scheduled for award in FY 2009. Phase IV was anticipated for award in FY 2010, with Phase V scheduled for FY 2011. The proposed appropriation of $244,000.00 from the City’s 2009 Virginia Revolving Loan Fund (VRLF) covered the contract costs, plus a 5% contingency. All of these projects were related to the consent order. They were funded by VRLF bonds, and the debt service was paid by the sewer fund. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Bateman, seconded by Whitaker.
Vote to adoption of the ordinance (Approved)
6. Motion Approving an Award of Bid for the Roanoke Avenue Sanitary Sewer Rehabilitation, Phase IIB Project
Award the bid for the Roanoke Avenue Sanitary Sewer Rehabilitation Phase IIB Project to Basic Corporation Company, LLC. Seven bids were received for this project, and Basic Construction Company, LLC. was the low bidder at $232,291.50. Basic Construction Company, LLC. had performed well on similar contracts for the City of Newport News and was recommended for award of the project. The Acting City Manager recommended approval.
Motion to award a bid to Basic Construction Co., LLC - Moved by Whitaker, seconded by Bateman.
Vote to award a bid to Basic Construction Co., LLC - (Approved)
7. Resolution Approving the Appropriation of $25,000 for Costs Associated with the Purchase of 2.16 Acres of Property, located at 16890 Warwick Boulevard
A RESOLUTION APPROPRIATING FUNDS FROM MISCELLANEOUS CIP RETAINED EARNINGS ($25,000.00) TO WATERWORKDS LAND PURCHASE CONTINGENCY ($25,000.00). This resolution appropriated $25,000.00 for costs associated with the purchase of 2.1615 acres, located at 16890 Warwick Boulevard, on a portion of the Lee Hall Reservoir Dam. This property was needed to support the proposed rehabilitation of the dam to meet recent changes in dam safety standards, allow for routine maintenance of the dam, and for improved security of the dam structure. A purchase price of $25,000.00 for the 2.16 acre parcel was negotiated with the owner, based on the assessed value of the land, and reimbursement of expenses the owner incurred for surveys and subdivision of the property. Funds in the amount of $25,000 for the purchase of the property were available to be appropriated from the Waterworks’ Restricted Land Fund that was established by City Council. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by McMillan, seconded by Whitaker.
Vote to adoption of the resolution (Approved)
8. Resolution Approving the Authorization of the Acting City Manager to Execute a Real Estate Purchase Contract for Property located at 16890 Warwick Boulevard on a portion of the Lee Hall Reservoir Dam
AN ORDINANCE AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN REAL ESTATE PURCHASE CONTRACT, AND ALL OTHER AGREEMENTS, DOCUMENTS AND NOTES RELATED TO THAT PURCHASE OF REAL ESTATE ADJACENT TO THE LEE HALL RESERVOIR IN THE CITY OF NEWPORT NEWS, VIRGINIA, BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND MULBERRY ASSOCIATES, INC., DATED THE 27TH DATY OF OCTOBER, 2009.AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IX., RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 26-226, DESIGNATED RESIDENTIAL PERMIT PARKING AREAS. This ordinance authorized the Acting City Manager to execute a real estate purchase contract between the City of Newport News and Mulberry Inn Associates, Inc., and all other agreements, documents and notes related to the purchase of 2.1615 acres locate at 16890 Warwick Boulevard on a portion of the Lee Hall Reservoir Dam. A purchase price of $25,000.00 was negotiated for the property with the owner, Mulberry Inn Associates, Inc. As part of the purchase, Waterworks agreed to reimburse Mulberry Inn Associates, Inc., the cost to relocate their sign to land they would retain. The cost for the sign relocation was not expected to exceed $8,000.00. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Woodbury, seconded by Vick.
Vote to adoption of the ordinance (Approved)
9. Resolution Authorizing the Formation of Orcutt Townhomes III Limited Partnership and Orcutt Townhomes Phase III Development Corporation by the Newport News Redevelopment and Housing Authority (NNRHA)
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS APPROVING THE FORMATION OF THE ORCUTT TOWNHOMES PHASE III DEVELOPMENT CORPORATION AND THE ORCUTT TOWNHOMES III LIMITE PARTNERSHIP BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY. This resolution approved the formation of Orcutt Townhomes III Limited Partnership and Orcutt Townhomes Phase III Development Corporation, by Newport News Redevelopment and Housing Authority (NNRHA). Orcutt Homes Phase III was the final phase of the Orcutt Homes redevelopment project. In order to finance the development of Phase III, NNRHA planned to utilize Federal Low Income Housing Tax Credits combined with the Capital Funds Program through the U. S. Department of Housing and Urban Development. To take advantage of the mixed financing package and accept the tax credits, a separate development corporation and a limited partnership must be established. To comply with Title e6 of the Code of Virginia, which enumerates the activities of redevelopment and housing authorities, it was necessary that City Council approve the formation of the proposed Orcutt Townhomes development entities. This Council action required no financial commitment from the City. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution (Approved)
F. Appropriations
1. Police Department - Department of Justice (DOJ) - $7,555/No local match required
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($7,555.00) TO SPECIALIZED POLICE EQUIPMENT ($7,555.00). This resolution appropriated $7,555.00 from the Department of Justice for the Police and Sheriff’s Departments to purchase bulletproof vests. The City applied for and received a grant, which was traditionally shared between the Police and Sheriff’s Departments. The Police Department received $5,364 of the award and the Sheriff’s Department received $2,190.00. The DOJ reimbursed localities up to 50 percent (50%) for the cost of each vest purchased under the grant. No local grant match was required. The Acting City Manager recommended approval.
2. Police Department - Department of Criminal Justice Services (DCJS) - $8,625/Local grant match of $2,875
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($8,625.00) AND LOCAL REVENUE ($2,875.00) TO RECRUITING EXPENSES ($11,500.00). This resolution appropriated $8,625.00 from the Department of Criminal Justice Services (DCJS) for the Police Department to use in its recruiting efforts. The City applied for and received a grant from the DCJS for recruiting and retaining police officers. The Police Department utilized the funds to produce advertisements, place ads in newspapers, prepare brochures, and purchase other materials used in its recruiting efforts. The Police Department received $8,625 in federal funds, with a required local match of $2,875.00. The Acting City Manager recommended approval.
3. Police Department - Police Department's Asset Forfeiture Funds - $105,000
A RESOLUTION APPROPRIATING FUNDS FROM TR FUND BALANCE – STATE 10 ($105,000.00) TO SPECIALIZED POLICE SUPPLIES ($105,000.00). This resolution appropriated $105,000.00 from the Police Department’s Asset Forfeiture Funds for use by the Police Department. The Police Department identified specialized equipment needed for daily operations. These funds were needed for this equipment and to send command staff to leadership training. The specialized equipment included also-sensors, precinct cameras, patrol car tint meters, tasers, and radio earphones. The Asset Forfeiture balance in Unappropriated Funds was $223,245.00. The Acting City Manager recommended approval.
4. Police Department - Department of Justice, Bureau of Justice Assistance Grant (JAG) - $252,942/No local match required
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($252,942.00) TO SPECIALIZED POLICE SUPPLIES ($252,942.00). This resolution appropriated $252,942.00 from the Department of Justice, Bureau of Justice Assistance, to the Police Department to purchase equipment. The City applied for and received the Justice Assistance Grant (JAG), Local Solicitation grant for $252,942.00. This was an annual grant based on a locality’s population and crime statistics. The Police Department would purchase mobile video cameras for police vehicles, laptop computers and equipment to outfit the Briarfield Complex, which housed the Department’s training academy. No local match was required. The Acting City Manager recommended approval.
5. Police Department - Department of Homeland Security, Federal Emergency Management Agency - $925,900/No local match required
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($925,900.00) TO MACHINERY AND EQUIPMENT ($925,900.00). This resolution appropriated $925,900.00 from the Department of Homeland Security, Federal Emergency Management Agency (FEMA) for the Police Department to purchase Marine Equipment. The City applied for and received a grant from Homeland Security, FEMA. The funds would be used to purchase a new watercraft, surveillance and detection equipment, and personal protection equipment for the marine patrol officers. No local match was required. The Acting City Manager recommended approval.
6. Public Utilities: Chickahominy Raw Water Pump Station Preliminary Engineering Study - General Obligation Bonds - $160,000
A RESOLUTION APPROPRIATING FUNDS FROM BOND PROCEEDS – GENERAL OBLIGATION BONDS ($160,000.00) TO CURRENT YEAR CIP – WATERWORKS ENGINEERING SERVICES ($143,577.00) AND CURRENT YEAR CIP – WATERWORKS PROJECT CONTINGENCY ($16,423.00). This resolution appropriated $160,000.00 for professional engineering services provided by CDM for the preliminary Engineering Study of the Chickahominy Raw Water Pump Station. The project evaluated alternatives to allow the pump station to deliver the full 40 MGD capacity over all hydraulic conditions through the use of variable frequency drives for the pumps. A detailed analysis of the existing pump station components and intake systems, assessment of necessary improvements to realize the higher pumping capacity, and development of preliminary drawings laying out the facilities are included in the study. The Study also evaluated the condition and use of miscellaneous structures located on site. Siting of a new laboratory field office for the raw water monitoring staff was proposed, and overall site planning conducted. The preliminary Engineering study was administered under a work order agreement under the Water Utility Services Engineer Contract. The funds were available for appropriation from the Public Utilities General Obligation Bond proceeds. The Acting City Manager recommended approval.
Motion to adoption of appropriation Moved by Whitaker, seconded by Scott.
Vote to adoption of appropriation (Approved)
G. Citizen Comments on Matters Germane to the Business of City Council
Mr. Eric Bailey, 958 Hollymeade Circle, asked for tax relief for his area due to Chinese drywall. Mr. Fred Michaeu, 901 Eastfield Lane, brought his home in 2008 in Hollymead subdivision. No one can solve the situation, but if all work together changes can be made. He encouraged City Council to imagine the destruction of their neighborhood. Have moved out due to toxic drywall. Please help in some way. A.J. Pulliam, 239 Falcon Drive, recognized the City Manager for his response to his questions. He cannot sell his home for what it's assessed for. He asked City Council to reduce his real estate taxes. David Lawrence, 54 Hopkins Street, voiced concern about Field Hockey, which he felt was a great sports for young girls to get involved in. Many surrounding communities participate in the program, which helps the economy. He asked City Council to grant access to public school gyms for the use of his program. He also asked that the City absorb the insurance that went into other Parks and Recreation programs. Need a place for Winter training and practice. Mayor Frank inquired whether he had spoken with the School Board. Mr. Lawrence replied no because it was an issue between the Schools and Parks, Recreation and Tourism and was a matter that had to be decided by the City Manager. Acting City Manager Morgan would look into the matter and get back to Mr. Lawrence. Phillip Allen, 907 Eastfield Lane, resident of Hollymeade, asked the City Council to help the residents outs. Pricillia Burnette, 106 Tillerson Drive, noted Candidate Forum in North Newport News. She inquired about the City Farm and why the Sheriff was not sending jail inmates to the City Farm. She inquired whether there was any way that such restrictions can be modified or changed to help the jail with overcrowding. Acting City Manager Morgan explained the process of transferring jail inmates to the City Farm was difficult; certain criteria was imposed on jail inmates. Councilwoman Woodbury stated if the jail had a work release inmates why they could not go to the City Farm. Acting City Manager Morgan stated the Sheriff had female inmates on work release who could not go be housed at the City Farm. She felt the report needed to be looked into and addressed. Vice Mayor Whitaker stated he was the Chairman of the Regional Jail and the Sheriff sent as many inmates as possible to the Regional Jail; especially those with medical issues. Councilwoman McMillan stated the issue needed to be revisited. She felt the criteria could be periodically checked. Councilwoman Scott inquired of the number of people in the work release program at the annex. Acting City Manager replied there were about 100 under several different categories. Rudy Langford, P.O. Box 282, Hampton, Virginia, thanked City Council for the vote based on principal and belief and integrity in terminating the City Manager. He's attended many City Council meetings. Newport News was the most respectful that he's appeared before. In 2007, the Coalition for Justice for Civil Rights, after the Robert Harper incident they put into place a high crime patrol area to fight crime. But since the stopped due to police harassment. He asked City Council to have the City Manager to have the Police Department to stop him from trying to fight crime. Daniel Curren, member of 431 group, 40835 Warwick Blvd., various members have reviewed the CIP budget on the intranet. Appreciate all that City Council does to improve quality of life in City. John Procycson, 305 Normandy Lane, thanked City staff for effort in reducing spending, thanked City Council for their effort. Thanks for cancelling the KWR project.
H. New Business and Councilmember Comments
Acting City Manager Morgan asked all to be mindful of Halloween rules and procedures. Alan gave condolence to Mr. and Mrs Katz on their loss. Mayor Frank gave condolence to Mr. and Mrs. Katz on this loss. Councilwoman McMillan offered condolences; recognized Trinity United Methodist Church for their clean award. Councilwoman Scott offered condolences; congratulated Alonzo; thanked everyone for attending the North District Town Hall meeting; Captain Greenstead will be at the November meeting; wished a speedy recovery to Martzie ____ and asked for City Council prayers. Dr. Woodbury stated she attended the VML Conference in Roanoke, Virginia. Was a very good conference. Thanked all for the opportunity.
Adjourn
Oct 27, 2009 Regular City Council Meeting
Full agenda
Share this video
Video Index
Full agenda
Share
Presentations
A. Proclamation: Community Family Week - November 7-14, 2009
Presentation of the VML Green Government Challenge Award
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation rendered by Father Joe Majewski, St. Jerome Catholic 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 Councilman Herbert H. Bateman, Jr.
C. Public Hearings
1. Resolution Authorizing a Lease Agreement between the City and Virginia Hospitality Services, Inc. to Provide Food and Beverage Services for the Newport News Golf Club at Deer Run
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, ANY AND ALL DOCUMENTS TO IMPLEMENT A LEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND VIRGINIA HOSPITALITY SERVICES, INC., FOR THE OPERATION OF A RESTAURANT AND CONCESSIONS AT NEWPORT NEWS GOLF CLUB AT DEER RUN. This resolution authorized a lease with Virginia Hospitality Services, Inc. to provide food and beverage services for the Newport News Golf Club at Deer Run. The lease agreement for food and beverage services at the City’s golf course expired on December 31, 2009. The previous contracted vendor, New Dominion Golf Clubs, Inc., continued to provide services on a month-to-month basis since the lease expired; however, they notified the City that they would discontinue services as of October 31, 2009. Advertisements seeking bids from a new food and beverage vendor began in April 2009. An interview panel interviewed two bidders on June 2009 and subsequently recommended awarding a new lease agreement to Virginia Hospitality Services, Inc. A contract for specific services was negotiated with Virginia Hospitality Services, Inc., included $500 per month rent, and a 10% commission paid on gross receipts. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by Whitaker, seconded by Vick.
Vote to closure of the public hearing (Approved)
Motion to adoption of the resolution Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution (Approved)
2. Conditional Use Permit, CU-09-265, Z-Mark, LLC., for a Proposed 7-Eleven Convenience Store
AN ORDINANCE APPROVING PLN-09-01 AND THEREBY APPROVING THE MARSHALL AVENUE LAND USE STUDY AS AN AMENDMENT TO THE COMPREHENSIVE PLAN, FRAMEWORK FOR THE FUTURE 2030, FOR THE CITY OF NEWPORT NEWS. This ordinance amended Conditional Use Permit CU-99-42, Ordinance 5259-99, by expanding the house of operation for a proposed 7-Eleven Convenience Store with gas pumps, which would replace the Zooms located on a 0.86 acre property at 12460 Warwick Boulevard. On March 23, 1999, City Council approved a Conditional Use Permit for the Zooms Convenience Store, with gas pumps, with a condition that limited the house of operation to protect the adjacent single family homes from noise and glare during the early morning house. The Zooms Convenience Store owner, was selling all of his stores to 7-Eleven, Inc., and as part of the sale, requested the removal of the condition that limited the hours of operation from 5:00 a.m. to midnight, to allow the store to operate 24 hours per day, seven days per week, consistent with 7-Eleven’s business model and all of the other stores in the deal. The Planning Department recommended denial of the request because the support of the neighbors for the original Conditional Use Permit was based on the limited hours of operation. The Planning Commission voted 4:3 to recommend to City Council the approval of removing the condition that limits the hours of operations from 5:00 a.m. to midnight. The Acting City Manager concurred with the Planning staff’s recommendation to deny the request to remove the condition that limited the hours of operation.
Mr. Steve Romaine - Requested an amendment to the Ordinance for an additional five hours. Would be a benefit to deter crime. He felt the staff report overstated the conditions.
Mr. Dave Irby, Market Manager for 7-Eleven, requested an amendment of an additional five hours to have the store open.
Mr. Roy Spivey, 6 Minton Drive, voiced concern about the trash at Zooms, Wendy’s and 7-Eleven. The noise and light are not problems due to the hours of operation;; however, did not know of issue if property was opened 24-hours a day. He feels crime and noise would come if store was open 24 hours a day. The neighborhood was not embracing Zooms, but had a good relationship with present owner. If this was approved, it would open the door for Wendy’s to be open 24 hours a day.
Mr. Ben Lilley, 17 Gay Drive, neighbor of Zooms, voiced concern about 7-Eleven being opened 24 hours a day. How did Zooms operate all those years without the five hour additional time to stock. The neighborhood was not behind the additional operating hours. Please consider the neighbors who live adjacent to such properties. If you approve please include stipulations. Please do not approve the matter.
Michael F. Carpenter, 19 Oakland Drive, spoke against the CU Permit to break the covenant. If you open the door for this Wendy’s would ask for the same thing. He suggested that 7-Eleven operate from 7am to 11pm. He requested that City Council vote ag
Motion to closure of the public hearing Moved by Scott, seconded by Bateman.
Vote to closure of the public hearing (Approved)
Motion to denial of the ordinance Moved by Scott, seconded by Bateman.
Vote to denial of the ordinance (Approved)
3. Zoning Text Amendment, ZT-09-274, City of Newport News, to Regulate the Use and Storage of Freight Containers
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NRWPORT NEWS, VIRGINIA, ARTICLE V., GENERAL REGULATIONS, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 45-528, FREIGHT CONTAINERS (SHIPPING CONTAINERS). This ordinance amended Zoning Ordinance by adding Section 45-528, which regulated the use and storage of freight containers within the City’s Zoning Districts. The amendment permitted the storage of freight containers in the port area and specifically defined the area as being located along the James River and Hampton Roads harbor from 73rd Street to I-664 and zoned M2 Heavy Industrial. Freight containers were also permitted to be used for temporary storage and permanently stored on other industrially zoned properties. The containers could not be stacked. Freight containers were permitted as an accessory use for the temporary storage of transported goods in all commercial and office zoning districts. The ordinance permitted one container to be used for permanent storage on P1 Park zoned property, if the property contained more than 15 acres. The freight containers must be screened from view, and were not permitted to be utilized in residential zoning districts, except as part of a construction site. The Planning Commission voted unanimously (7:0) to recommend to City Council the adoption of this amendment. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by McMillan, seconded by Scott.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance as amended Moved by McMillan, seconded by Vick.
Vote to adoption of the ordinance as amended (Approved)
4. Ordinance Authorizing the Vacation of a Paper Street Known as Henry Lee Drive
AN ORDINANCE VACATING A STREET IN THE CITY OF NEWPORT NEWS, VIRGNIA, AS DESCRIBED HEREIN. This ordinance authorized the vacation of a paper street known as Henry Lee Drive and authorized the Acting City Manager to execute any documents necessary to effectuate the transaction. Henry Lee Drive was a variable width public easement of right-of-way that was originally created prior to the 1930’s in the County of Warwick, stretching from Lebanon Church Road north to the York County line. The City did not have fee simple interest in the paper street, had never maintained it as a public street, and a significant unimproved portion of the right-of-way rests within the boundaries of the Yorktown Naval Weapons Station since the federal government condemned the property during World War II. Information regarding the public easement of right-of-way was circulated for interdepartmental review. City staff concluded that the City was best served by vacating its interest in the paper street to clear up present and future title issues. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by McMillan, seconded by Scott.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by McMillan, seconded by Vick.
Vote to adoption of the ordinance (Approved)
D. Consent Agenda
1. Minutes of the Work Session of October 13, 2009
2. Minutes of the Regular Meeting of October 13, 2009
3. Ordinance Amending City Code, Chapter 22, Library System, §22-35, Established; Locations: To Change the Address of the Newport News Public Law Library
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 22, LIBRARY SYSTEM, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., LAW LIBRARY, SETION 22-25, ESTABLISHED; LOCATION. This ordinance amended City Code, Chapter 22, Library System, which reflected the change of address of the Newport News Public Law Library. In May 2008, the Newport News Public Law Library moved from 2500 Washington Avenue to 2501 Washington Avenue. The City Code was amended to reflect the correct address for the Public Law Library. The Acting City Manager recommended approval.
Councilwoman Scott stated she would be a hipocrite because she voted against the request that Wendy's made. Councilwoman Woodbury voiced concern for neighbors and could not support the matter. Councilman would vote against the matter. Councilwoman Vick stated she wanted to support the matter, but felt was out nurmbered. Mayor Frank stated he was in support of the matter, but stated having denied Wendy's would not be fair. Vice Mayor Whitaker felt if neighbors were against it he would also
Amended Ordinance
4. Resolution Approving and Adopting the Acceptable Internet Use Policy for the Newport News Public Library System
A RESOLUTION APPROVING AND ADOPTING AN ACCEPTABLE USE POLICY FOR INTERNET ACCESS FOR THE CITY OF NEWPORT NEWS PUBLIC LIBRARY SYSTEM. This resolution adopted the Acceptable Internet Use Policy for the Newport News Public Library System as required by the Code of Virginia, Chapter 64, Section 42.1-36.1. The Code of Virginia required that the governing authority for the Library System establish, and biennially file, and Acceptable Internet Use Police (AIUP) with the Library of Virginia on or before December 1. The Library System’s Board of Trustees reviewed the AIUP at its September 2009 meeting and endorsed the Policy. The Acting City Manager recommended approval.
5. Ordinance Amending City Code, Chapter 6, Animals and Fowl, §6-9, Noisy Animals or Birds; Noise Chapter 28, Offenses-Miscellaneous, §28-36, Noise from Sound Systems and Devices; and Repeal Chapter 26.1
AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, BY AMENDING CHAPTER 6, ANIMALS AND FOWL, ARTICLE I., IN GENERAL, SECTION 6-9, NOISY ANIMALS OR BIRDS; CHAPTER 28, OFFENSES-MISCELLANEOUS, SECTION 28-36, NOISE FROM SOUND SYSTEMS AND DEVICES; AND BY REPEALING CHAPTER 26.1, NOISE. This ordinance amended the City Code, Chapter 6, Animals and Fowl; Chapter 28, Offenses-Miscellaneous; and repealed Chapter 26.1, Noise. This ordinance reflected changes to clarify the standards and allow enforcement. This ordinance replaced the existing noise ordinance. The Acting City Manager recommended approval.
6. Ordinance Amending Chapter 2, Administration, Article XVI, City Support for Youth Development, Division 3, Commission on Youth, §2-516, Composition; Appointment and Terms of Members
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XVI., CITY SUPPORT FOR YOUTH DEVELOPMENT, DIVISION 3., COMMISSION ON YOUTH, SECTION 2-516, COMPOSITION; APPOINTMENT AND TERMS OF MEMBERS. This ordinance amended the City Code, Chapter 2, Administration, Article XVI., City Support f or Youth Development, Division 3., Commission on Youth, Section 2-516, to increase the number of youth members to nine. The Commission on Youth was created in November 2002. The Commission’s membership included eight members, representing the seven Newport News public and private high schools, and one representative from the Mayor’s Youth Commission. Since the inception of the Commission, the Newport News Public Schools (NNPS) district added another public high school, An Achievable Dream High School, to its directory of schools. A representative from An Achievable Dream High School was selected by the school, for recommendation to serve on the Commission on Youth. The ordinance increased the number of youth members from eight to nine. The Acting City Manager recommended approval.
Motion to adoption of consent agenda
Moved by Scott, seconded by Vick.
Vote to adoption of consent agenda
(Approved)
E. Other City Council Actions
1. Ordinance Amending City Code, Chapter 26, Motor Vehicles and Traffic, §26-16, Authority to Move Vehicles; §26-17.1, Tow Truck Service Operations: Definitions and Adds the Following New §26-17.1.1 Licenses Required,
§26-17.1.2 License to be Displayed, §26-17.1-3 Standards of Practice, and
§26-17.1.4, Requirements for Drivers; §26-196, Definitions: Abandoned Motor Vehicles; §26-198, Search for Owner; and Repealing §26-200 Vehicles Abandoned in Garages
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL SECTION 26-16, AUTHORITY OF POLICY TO MOVE VEHICLE INVOLVED IN ACCIDENT; REMOVAL AND DISPOSITION OF UNATTENDED, ILLEGALLY PARKED OR IMMOBILE VEHILCES; SECTION 26-17.1, TOW TRUCK SERVICE OPERATIONS-DEFINITIONS; AND BY ADDING THERETO NEW SECTIONS, NAMELY: SECTION 26-17.1.1, LICENSES REQUIRED; SECTION 26-17.1.2, LICENSE TO BE DISPLAYED; SECTION 26-17.3, STANDARDS OF PRACTICE AND SECTION 26-17.4, REQUIREMENTS FOR DRIVERS; BY AMENDING ARTICLE VII., ABANDONED VEHICLES, SECTION 26-196, DEFINIATIONS; SECTION 2 6-198, NOTICE OF REMOVAL; AND BY REPEALING SECTION 26-200, VEHICLES ABANDONED IN GARAGES. This ordinance amended the City Code, Chapter 26, Motor Vehicles and Traffic, to parallel the State Coe and to incorporate recommendations from the Towing Advisory Board. The Towing Advisory Board recommended incorporating mandatory standards from State regulations into the City Code to parallel the State Code. The ordinance reflects recommendations of the Towing Advisory Board, actual practices of the Newport News Police Department, and State regulators. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance (Approved)
2. Ordinance Adopting Additions to City Code, Chapter 40.1, Underground Installation of Lines and Pipes and their Related Facilities; §40.1-5, Creation of Underground Utilities Districts - This Item was Withdrawn by the City Manager.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40.1, UNDERGROUND INSTALLATION OF LINES AND PIPES AND THEIR RELATED FACILITIES, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, SECTION 40.1-5, CREATION OF UNDERGROUND UTILITIES DISTRICTS. This ordinance adopted additions to the City Code, Charter 40.1, for the creation of rights-of-way districts (2) underground utilities. City staff had been working with the Virginia Department of Transportation (VDOT) in developing project plans for a Public Hearing in February 2010 for the Middle Ground Boulevard Extension project. As part of this process, staff determined that the City’s existing ordinance related to placing overhead utilities underground, did not specifically include the Middle Ground Boulevard Extension project. After further review of other roadway segments needing to be included in this ordinance, staff recommended the inclusion of Atkinson Boulevard from Jefferson Avenue to Warwick Boulevard, and relocated Route 60 from Fort Eustis to the James City County line. Both were new and non-existing roadways. The Acting City Manager recommended approval.
3. Resolution Approving A Request to the Virginia Department of Transportation (VDOT) to Place Underground Overhead Utilities on Future Roadway Improvement Projects
A RESOLUTION TO REQUEST THE INCLUSION OF UNDERGROUNDING OF OVERHEADING UTILITIES IN THE PROGRAMMING OF CERTAIN URBAN IMPROVIEMENT PROJECTS TY THE VIRGINIA DEPARTMENT OF TRANSPORATION. This resolution requested that VDOT place overhead utilities underground in future roadway improvement projects. City staff had worked with VDOT to develop project plans for a Public Hearing in February 2010 for the Middle Ground Boulevard Extension project. As part of this process, staff determined that none of the City’s previous resolutions to VDOT on this project included a specific request for overhead utilities to be placed underground. VDOT formerly requested that the request be made. The following projects are included in the resolution: (1) Middle Ground Boulevard; (2) Atkinson Boulevard; and (3) Relocated Route 60. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Whitaker, seconded by Woodbury.
Vote to adoption of the resolution (Approved)
4. Ordinance Adopting an Amendment to City Code, Chapter 26, Article IX, Residential Parking Permit Program (RPPP), §26-226, Residential Permit Parking
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IX., RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 26-226, DESIGNATED RESIDENTIAL PERMIT PARKING AREAS. This ordinance amended the City Code, Chapter 26, to include 65th Street between Huntington Avenue and Warwick Boulevard. The residents in the surrounding blocks were having difficulty with parking due to the overflow of patrons from the Newport News Shipyard, along with the problems associated with this overflow, such as liter and loud noise. In accordance with the ordinance, the residents submitted a petition, and the Department of Engineering completed a parking study, with a favorable recommendation, to admit the 300 block of 65th Street into the RPPP. The addition of 65th Street into the RPPP was administratively approved. Action from City Council is requested to revise the ordinance. Direct costs for the inclusion of 65th Street would be the operating budget expenses associated with the cost of sign materials, installation and maintenance, which totaled approximately $900, and was offset by RPPP fees of $10 annually per vehicle. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance (Approved)
5. Resolution Approving the Appropriation of $244,000 from the 2009 Virginia Revolving Loan Fund (VRLF) for the Roanoke Avenue Sanitary Sewer Rehabilitation, Phase IIB Project
A RESOLUTION APPROPRIATING FUND FROM 2009 VIRGINIA REVOLVING LOAN FUND PROGRAM ($244,000.00) TO ROANOKE SANITARY SEWER, PHASE IIB ($244,000.00). This resolution appropriated $244,000.00 from the 2009 Virginia Revolving Loan Fund (VRLF) for the Roanoke Avenue Sanitary Sewer Rehabilitation, Phase IIB Project. The existing sanitary sewer pipes along Roanoke Avenue were cracked and damaged, thereby causing infiltration into the sanitary sewer system. This project was necessary to prevent further pipe failures and groundwater infiltration. The project proposed the replacement of existing sanitary sewer pipes along Roanoke Avenue to correct deficiencies in the pipes. There were a total of seven phases scheduled for this project. Phases I and IIA had been previously constructed. Phases IIIA and IIIB were scheduled for award in FY 2009. Phase IV was anticipated for award in FY 2010, with Phase V scheduled for FY 2011. The proposed appropriation of $244,000.00 from the City’s 2009 Virginia Revolving Loan Fund (VRLF) covered the contract costs, plus a 5% contingency. All of these projects were related to the consent order. They were funded by VRLF bonds, and the debt service was paid by the sewer fund. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Bateman, seconded by Whitaker.
Vote to adoption of the ordinance (Approved)
6. Motion Approving an Award of Bid for the Roanoke Avenue Sanitary Sewer Rehabilitation, Phase IIB Project
Award the bid for the Roanoke Avenue Sanitary Sewer Rehabilitation Phase IIB Project to Basic Corporation Company, LLC. Seven bids were received for this project, and Basic Construction Company, LLC. was the low bidder at $232,291.50. Basic Construction Company, LLC. had performed well on similar contracts for the City of Newport News and was recommended for award of the project. The Acting City Manager recommended approval.
Motion to award a bid to Basic Construction Co., LLC - Moved by Whitaker, seconded by Bateman.
Vote to award a bid to Basic Construction Co., LLC - (Approved)
7. Resolution Approving the Appropriation of $25,000 for Costs Associated with the Purchase of 2.16 Acres of Property, located at 16890 Warwick Boulevard
A RESOLUTION APPROPRIATING FUNDS FROM MISCELLANEOUS CIP RETAINED EARNINGS ($25,000.00) TO WATERWORKDS LAND PURCHASE CONTINGENCY ($25,000.00). This resolution appropriated $25,000.00 for costs associated with the purchase of 2.1615 acres, located at 16890 Warwick Boulevard, on a portion of the Lee Hall Reservoir Dam. This property was needed to support the proposed rehabilitation of the dam to meet recent changes in dam safety standards, allow for routine maintenance of the dam, and for improved security of the dam structure. A purchase price of $25,000.00 for the 2.16 acre parcel was negotiated with the owner, based on the assessed value of the land, and reimbursement of expenses the owner incurred for surveys and subdivision of the property. Funds in the amount of $25,000 for the purchase of the property were available to be appropriated from the Waterworks’ Restricted Land Fund that was established by City Council. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by McMillan, seconded by Whitaker.
Vote to adoption of the resolution (Approved)
8. Resolution Approving the Authorization of the Acting City Manager to Execute a Real Estate Purchase Contract for Property located at 16890 Warwick Boulevard on a portion of the Lee Hall Reservoir Dam
AN ORDINANCE AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN REAL ESTATE PURCHASE CONTRACT, AND ALL OTHER AGREEMENTS, DOCUMENTS AND NOTES RELATED TO THAT PURCHASE OF REAL ESTATE ADJACENT TO THE LEE HALL RESERVOIR IN THE CITY OF NEWPORT NEWS, VIRGINIA, BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND MULBERRY ASSOCIATES, INC., DATED THE 27TH DATY OF OCTOBER, 2009.AMEND AND REORDAIN CHAPTER 26, MOTOR VEHICLES AND TRAFFIC, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE IX., RESIDENTIAL PARKING PERMIT PROGRAM, SECTION 26-226, DESIGNATED RESIDENTIAL PERMIT PARKING AREAS. This ordinance authorized the Acting City Manager to execute a real estate purchase contract between the City of Newport News and Mulberry Inn Associates, Inc., and all other agreements, documents and notes related to the purchase of 2.1615 acres locate at 16890 Warwick Boulevard on a portion of the Lee Hall Reservoir Dam. A purchase price of $25,000.00 was negotiated for the property with the owner, Mulberry Inn Associates, Inc. As part of the purchase, Waterworks agreed to reimburse Mulberry Inn Associates, Inc., the cost to relocate their sign to land they would retain. The cost for the sign relocation was not expected to exceed $8,000.00. The Acting City Manager recommended approval.
Motion to adoption of the ordinance Moved by Woodbury, seconded by Vick.
Vote to adoption of the ordinance (Approved)
9. Resolution Authorizing the Formation of Orcutt Townhomes III Limited Partnership and Orcutt Townhomes Phase III Development Corporation by the Newport News Redevelopment and Housing Authority (NNRHA)
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS APPROVING THE FORMATION OF THE ORCUTT TOWNHOMES PHASE III DEVELOPMENT CORPORATION AND THE ORCUTT TOWNHOMES III LIMITE PARTNERSHIP BY THE NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY. This resolution approved the formation of Orcutt Townhomes III Limited Partnership and Orcutt Townhomes Phase III Development Corporation, by Newport News Redevelopment and Housing Authority (NNRHA). Orcutt Homes Phase III was the final phase of the Orcutt Homes redevelopment project. In order to finance the development of Phase III, NNRHA planned to utilize Federal Low Income Housing Tax Credits combined with the Capital Funds Program through the U. S. Department of Housing and Urban Development. To take advantage of the mixed financing package and accept the tax credits, a separate development corporation and a limited partnership must be established. To comply with Title e6 of the Code of Virginia, which enumerates the activities of redevelopment and housing authorities, it was necessary that City Council approve the formation of the proposed Orcutt Townhomes development entities. This Council action required no financial commitment from the City. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution (Approved)
F. Appropriations
1. Police Department - Department of Justice (DOJ) - $7,555/No local match required
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($7,555.00) TO SPECIALIZED POLICE EQUIPMENT ($7,555.00). This resolution appropriated $7,555.00 from the Department of Justice for the Police and Sheriff’s Departments to purchase bulletproof vests. The City applied for and received a grant, which was traditionally shared between the Police and Sheriff’s Departments. The Police Department received $5,364 of the award and the Sheriff’s Department received $2,190.00. The DOJ reimbursed localities up to 50 percent (50%) for the cost of each vest purchased under the grant. No local grant match was required. The Acting City Manager recommended approval.
2. Police Department - Department of Criminal Justice Services (DCJS) - $8,625/Local grant match of $2,875
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($8,625.00) AND LOCAL REVENUE ($2,875.00) TO RECRUITING EXPENSES ($11,500.00). This resolution appropriated $8,625.00 from the Department of Criminal Justice Services (DCJS) for the Police Department to use in its recruiting efforts. The City applied for and received a grant from the DCJS for recruiting and retaining police officers. The Police Department utilized the funds to produce advertisements, place ads in newspapers, prepare brochures, and purchase other materials used in its recruiting efforts. The Police Department received $8,625 in federal funds, with a required local match of $2,875.00. The Acting City Manager recommended approval.
3. Police Department - Police Department's Asset Forfeiture Funds - $105,000
A RESOLUTION APPROPRIATING FUNDS FROM TR FUND BALANCE – STATE 10 ($105,000.00) TO SPECIALIZED POLICE SUPPLIES ($105,000.00). This resolution appropriated $105,000.00 from the Police Department’s Asset Forfeiture Funds for use by the Police Department. The Police Department identified specialized equipment needed for daily operations. These funds were needed for this equipment and to send command staff to leadership training. The specialized equipment included also-sensors, precinct cameras, patrol car tint meters, tasers, and radio earphones. The Asset Forfeiture balance in Unappropriated Funds was $223,245.00. The Acting City Manager recommended approval.
4. Police Department - Department of Justice, Bureau of Justice Assistance Grant (JAG) - $252,942/No local match required
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($252,942.00) TO SPECIALIZED POLICE SUPPLIES ($252,942.00). This resolution appropriated $252,942.00 from the Department of Justice, Bureau of Justice Assistance, to the Police Department to purchase equipment. The City applied for and received the Justice Assistance Grant (JAG), Local Solicitation grant for $252,942.00. This was an annual grant based on a locality’s population and crime statistics. The Police Department would purchase mobile video cameras for police vehicles, laptop computers and equipment to outfit the Briarfield Complex, which housed the Department’s training academy. No local match was required. The Acting City Manager recommended approval.
5. Police Department - Department of Homeland Security, Federal Emergency Management Agency - $925,900/No local match required
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($925,900.00) TO MACHINERY AND EQUIPMENT ($925,900.00). This resolution appropriated $925,900.00 from the Department of Homeland Security, Federal Emergency Management Agency (FEMA) for the Police Department to purchase Marine Equipment. The City applied for and received a grant from Homeland Security, FEMA. The funds would be used to purchase a new watercraft, surveillance and detection equipment, and personal protection equipment for the marine patrol officers. No local match was required. The Acting City Manager recommended approval.
6. Public Utilities: Chickahominy Raw Water Pump Station Preliminary Engineering Study - General Obligation Bonds - $160,000
A RESOLUTION APPROPRIATING FUNDS FROM BOND PROCEEDS – GENERAL OBLIGATION BONDS ($160,000.00) TO CURRENT YEAR CIP – WATERWORKS ENGINEERING SERVICES ($143,577.00) AND CURRENT YEAR CIP – WATERWORKS PROJECT CONTINGENCY ($16,423.00). This resolution appropriated $160,000.00 for professional engineering services provided by CDM for the preliminary Engineering Study of the Chickahominy Raw Water Pump Station. The project evaluated alternatives to allow the pump station to deliver the full 40 MGD capacity over all hydraulic conditions through the use of variable frequency drives for the pumps. A detailed analysis of the existing pump station components and intake systems, assessment of necessary improvements to realize the higher pumping capacity, and development of preliminary drawings laying out the facilities are included in the study. The Study also evaluated the condition and use of miscellaneous structures located on site. Siting of a new laboratory field office for the raw water monitoring staff was proposed, and overall site planning conducted. The preliminary Engineering study was administered under a work order agreement under the Water Utility Services Engineer Contract. The funds were available for appropriation from the Public Utilities General Obligation Bond proceeds. The Acting City Manager recommended approval.
Motion to adoption of appropriation Moved by Whitaker, seconded by Scott.
Vote to adoption of appropriation (Approved)
G. Citizen Comments on Matters Germane to the Business of City Council
Mr. Eric Bailey, 958 Hollymeade Circle, asked for tax relief for his area due to Chinese drywall. Mr. Fred Michaeu, 901 Eastfield Lane, brought his home in 2008 in Hollymead subdivision. No one can solve the situation, but if all work together changes can be made. He encouraged City Council to imagine the destruction of their neighborhood. Have moved out due to toxic drywall. Please help in some way. A.J. Pulliam, 239 Falcon Drive, recognized the City Manager for his response to his questions. He cannot sell his home for what it's assessed for. He asked City Council to reduce his real estate taxes. David Lawrence, 54 Hopkins Street, voiced concern about Field Hockey, which he felt was a great sports for young girls to get involved in. Many surrounding communities participate in the program, which helps the economy. He asked City Council to grant access to public school gyms for the use of his program. He also asked that the City absorb the insurance that went into other Parks and Recreation programs. Need a place for Winter training and practice. Mayor Frank inquired whether he had spoken with the School Board. Mr. Lawrence replied no because it was an issue between the Schools and Parks, Recreation and Tourism and was a matter that had to be decided by the City Manager. Acting City Manager Morgan would look into the matter and get back to Mr. Lawrence. Phillip Allen, 907 Eastfield Lane, resident of Hollymeade, asked the City Council to help the residents outs. Pricillia Burnette, 106 Tillerson Drive, noted Candidate Forum in North Newport News. She inquired about the City Farm and why the Sheriff was not sending jail inmates to the City Farm. She inquired whether there was any way that such restrictions can be modified or changed to help the jail with overcrowding. Acting City Manager Morgan explained the process of transferring jail inmates to the City Farm was difficult; certain criteria was imposed on jail inmates. Councilwoman Woodbury stated if the jail had a work release inmates why they could not go to the City Farm. Acting City Manager Morgan stated the Sheriff had female inmates on work release who could not go be housed at the City Farm. She felt the report needed to be looked into and addressed. Vice Mayor Whitaker stated he was the Chairman of the Regional Jail and the Sheriff sent as many inmates as possible to the Regional Jail; especially those with medical issues. Councilwoman McMillan stated the issue needed to be revisited. She felt the criteria could be periodically checked. Councilwoman Scott inquired of the number of people in the work release program at the annex. Acting City Manager replied there were about 100 under several different categories. Rudy Langford, P.O. Box 282, Hampton, Virginia, thanked City Council for the vote based on principal and belief and integrity in terminating the City Manager. He's attended many City Council meetings. Newport News was the most respectful that he's appeared before. In 2007, the Coalition for Justice for Civil Rights, after the Robert Harper incident they put into place a high crime patrol area to fight crime. But since the stopped due to police harassment. He asked City Council to have the City Manager to have the Police Department to stop him from trying to fight crime. Daniel Curren, member of 431 group, 40835 Warwick Blvd., various members have reviewed the CIP budget on the intranet. Appreciate all that City Council does to improve quality of life in City. John Procycson, 305 Normandy Lane, thanked City staff for effort in reducing spending, thanked City Council for their effort. Thanks for cancelling the KWR project.
H. New Business and Councilmember Comments
Acting City Manager Morgan asked all to be mindful of Halloween rules and procedures. Alan gave condolence to Mr. and Mrs Katz on their loss. Mayor Frank gave condolence to Mr. and Mrs. Katz on this loss. Councilwoman McMillan offered condolences; recognized Trinity United Methodist Church for their clean award. Councilwoman Scott offered condolences; congratulated Alonzo; thanked everyone for attending the North District Town Hall meeting; Captain Greenstead will be at the November meeting; wished a speedy recovery to Martzie ____ and asked for City Council prayers. Dr. Woodbury stated she attended the VML Conference in Roanoke, Virginia. Was a very good conference. Thanked all for the opportunity.
Adjourn
Link
Start video at
Social
Embed
<iframe title="Swagit Video Player" width="640" height="360" src="http://newportnewsva.new.swagit.com/videos/36743/embed" frameborder="0" allowfullscreen></iframe>
Disable autoplay on embedded content?
Download
Download
Download Selected Item