Video index
Presentations
A. Proclamation: Emergency Medical Services Week – May 17-23, 2009
B. Proclamation: National Public Works Week – May 17-23, 2009
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
1. Invocation - Bishop Arthur L. Tripp, Sr. Tabernacle Baptist Church
The invocation was rendered by Mr. Teddy Hicks, Chairman, Newport News School Board
Motion to closure of the public hearing 1. Invocation - Bishop Arthur L. Tripp, Sr. Tabernacle Baptist Church Moved by Whitaker, no second required.
2. 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 Vice Mayor Joseph C. Whitaker.
3. Public Hearings
(a) Effective Real Estate Tax Rate
Mayor Frank stated this was an opportunity for City Council to receive public comments on the effective real property tax rate as it related to the recommended Fiscal Year 2009 Operating Budget. This public hearing was required by State Code when a locality proposed an increase in property tax levies. The lowered tax rate necessary to offset increased assessments would by $1.087 per $100 of assessed value. The difference between the lowered tax rate and the proposed tax rate was $0.013 per $100 of assessed value. That difference was known as the Effective Tax Rate increase.
Ms. Cary Nunnally, thanked the ladies for being on the citizens side.
Mr. William Pelkey, addressed Council re City spending. He also commented on the real estate tax rate.
Mr. A. C. Pulliam,
Mr. Billie Millner thanked Council for their service to the City and their leadership. He commented on the economic growth in the City and the amenities or "nice things." He stated if Council had to raise taxes, do it.
Dr. Angela Herring, 11 Digges Drive, Newport News, addressed Council about the real estate tax rate. She asked for tax relief.
Motion to closure of the public hearing 3. Public Hearings Moved by Whitaker, seconded by Scott.
Vote to closure of the public hearing 3. Public Hearings (Approved)
4. Consent Agenda
A. Minutes of the Budget Public Hearing of April 16, 2009
B. Minutes of the Special Budget Work Session of April 21, 2009
C. Minutes of the Work Session of April 28, 2009
D. Minutes of the Regular Meeting of April 28, 2009
E. Minutes of the Special Budget Work Session of May 5, 2009
F. Minutes of the Special Meeting of May 5, 2009
G. Resolution in Support of the Homelessness Prevention and Rapid Re-housing Program (HPRP)
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS APPROVING A SUBSTANTIAL AMENDMENT TO FISCAL YEAR 2008-2009 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENTS ANNUAL ACTION PLAN AND APPROVING A SUBMISSION OF A REQUEST FOR FUNDING UNDER THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. This Resolution amended the Fiscal Year 2008-2009 Consolidated Plan for Housing and Community Development Annual Action Plan, and approved the submission of a request for funding under the Homelessness Prevention and Rapid Re-Housing Program to the United States Department of Housing and Urban Development (HUD). The American Recovery and Reinvestment Act of 2009 designated $1.5 billion for communities to provide financial assistance and services to the homeless through the Homelessness Prevention Fund. HUD provided public notice of funding availability for this Fund, which was also referred to as the HPRP. The City received an allocation of $659,087 for HPRP activities and had to submit a plan to HUD for review by May 18, 2009. The Newport News Redevelopment and Housing Authority (NNRHA) served as the City’s Administrative Agent to oversee HPRP funds. Approval of this resolution allowed the City to receive $659,087 in federal stimulus funds. No other local funds were required for this action. The City Manager recommended approval.
Motion to adoption of consent agenda 4. Consent Agenda Moved by Vick, seconded by Scott.
Vote to adoption of consent agenda 4. Consent Agenda (Approved)
5. Technology Zones
A. Ordinance Amending City Code, Chapter 40.2, to add Article II.
Technology Zones
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40.2., URBAN ENTERPRISE ZONE BOUNDARIES, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA. This ordinance amended Chapter 40.2 of the City Code to add Article II. Technology Zones, and approved a resolution authorizing the Technology Zone Energy and Defense Infrastructure Grant Funding Agreement by and between the City of Newport News and the Economic Development Authority (EDA) of the City of Newport News, Virginia. City Council was briefed at its April 28, 2009 Work Session on the proposed Technology Zone Ordinance and related funding agreement. The ordinance was necessary in order to deliver certain local incentives for the AREVA project, and provided incentives to attract other technology-based economic development activity to the City. The Funding Agreement was necessary in order to deliver the Technology Zone Energy and Defense Infrastructure Grant local incentive for the AREVA project; and also provided an incentive to attract other technology-based economic development activity to the City. The City Manager recommended approval.
Motion to adoption of the ordinance A. Ordinance Amending City Code, Chapter 40.2, to add Article II.
Technology Zones Moved by Whitaker, seconded by Vick.
Vote to adoption of the ordinance A. Ordinance Amending City Code, Chapter 40.2, to add Article II.
Technology Zones (Approved)
B. Resolution Authorizing Technology Zone Energy and Defense
Infrastructure Grant Funding Agreement
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 TECHNOLOGY ZONE ENERGY AND DEFENCSE INFRASTRUCTURE GRANT FUNDING AGREEMENT DATED AS OF THE 12TH DAY OF MAY, 2009, BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, ANDA THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA. This resolution authorized the City Manager to execute that certain Technology Zone Energy and Defense Infrastructure Grant Funding Agreement by and between the City of Newport News and the Economic Development Authority of the City of Newport News, Virginia.
Motion to adoption of the resolution B. Resolution Authorizing Technology Zone Energy and Defense Infrastructure Grant Funding Agreement Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution B. Resolution Authorizing Technology Zone Energy and Defense Infrastructure Grant Funding Agreement (Approved)
6. City Code-related Items to Enact the Fiscal Year 2010 City Operating Budget
A. Ordinance Amending §40-12: Real Estate Property Tax Rate
AN ORDINANCE TO REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINI, ARTICLE II., REAL ESTATE TAXES, DIVISION 1., GENERALLY, SECTION 40-12, LEVIED; AMOUNT. This ordinance established the real estate property tax rate for Fiscal Year 2010 at $1.10 per $10 of assessed value.
Motion to adoption of the ordinance A. Ordinance Amending §40-12: Real Estate Property Tax Rate Moved by Vick, seconded by Whitaker.
Vote to adoption of the ordinance A. Ordinance Amending §40-12: Real Estate Property Tax Rate (Approved)
Councilwoman Scott explained support for $1.10 real estate tax rate.
Councilwoman Woodbury expressed her opposition.
Councilwoman Vick expressed her support for the $1.10 real estate tax rate.
Councilman Bateman explained his support for the $1.10 real estate tax rate.
Councilwoman McMillan felt more could be cut from the budget. She explained her opposition to a real estate tax rate of $1.10.
Mayor Frank commented on the proposed surplus and indicated the State was experiencing more cuts. He stated FY 2011 would bring more cuts. It’s easier to cut the rate than to raise the rate. He expressed support for the $1.10 tax rate.
Vice Mayor Whitaker thanked Mr. Milllner for his remarks. He thanked the City Manager for his hard work. He explained his support for the $1.10 tax rate.
B. Ordinance Amending §40-220.3 and §220.5: Personal Property Tax Rate-Mobile Homes and Public Service Corporation Properties
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XII., TANGIBLE PERSONAL PROPERTY TAXES, DIVISION 2., TAX LEVY AND RATES, SECTION 40-220.3, MOBILE HOME TAX; LEVIED; AMOUNT; AND SECTION 40-220.5, TAX ON PERSONAL PROPERTY OF PUBLI SERVICE CORPORATIONS (EXCEPT AIRCRAFT, AUTOMOBILIES AND TRUCK); LEVIED; AMOUNT. This ordinance established the personal property tax rate for mobile homes and public service corporations for the period of January 1, 2010, through December 31, 2010, at $1.10 per $100 of assessed value.
Motion to adoption of the ordinance B. Ordinance Amending §40-220.3 and §220.5: Personal Property Tax Rate-Mobile Homes and Public Service Corporation Properties Moved by Whitaker, seconded by Vick.
Vote to adoption of the ordinance B. Ordinance Amending §40-220.3 and §220.5: Personal Property Tax Rate-Mobile Homes and Public Service Corporation Properties (Approved)
C. Ordinance Amending §33-33: Sewer Use Charges
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33, SEWERS AND SEWAGE DISPOSAL, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., SEWER USE CHARGES, SECTION 33-33, RATE. This ordinance established the sewer user fee at $1.63 for each one hundred cubic feet, or fraction thereof, of metered water consumption, and a sewer user fee surcharge of $.90 HCF.
Motion to adoption of the ordinance C. Ordinance Amending §33-33: Sewer Use Charges Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance C. Ordinance Amending §33-33: Sewer Use Charges (Approved)
D. Ordinance Amending §33-19: Connections to Public Sewer Charges
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33., SEWERS AND SEWAGE DISPOSAL, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., CONNECTIONS TO PUBLIC SEWER, SECTION 33-19, CHARGES. This ordinance amended the sewer connection charges, including the single-family unit connection.
Motion to adoption of the ordinance D. Ordinance Amending §33-19: Connections to Public Sewer Charges Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance D. Ordinance Amending §33-19: Connections to Public Sewer Charges (Approved)
E. Resolution Amending Policy Regarding Sewage Collection Systems
A RESOLUTION TO AMEND THE CITY’S “POLICY REGARDING SEWAGE COLLECTION SYSTEMS” TO INCREASE THE AMOUNT BY WHICH SEWER ASSESSMENTS ARE CALCULATED. This resolution amended the City’s Policy regarding sewage collection systems to increase the per front foot amount by which sanitary sewer assessments were computed; Section 1 of the policy would be increased to $49 per front foot and Section 6.4 would be increased to $8 per front foot.
Motion to adoption of the resolution E. Resolution Amending Policy Regarding Sewage Collection Systems Moved by Vick, seconded by Whitaker.
Vote to adoption of the resolution E. Resolution Amending Policy Regarding Sewage Collection Systems (Approved)
F. Ordinance Amending §37.1-14: Stormwater Management Service Charge
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 37.1, STORMWATER MANAGEMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., SERVICE CHARGE, SECTION 37.1-14, SERVICE CHARGE, BILLING, PAYMENT, INTEREST, FEE AND LIEN. This ordinance established the stormwater management service charge at $65.40 per ERU per year, and when applicable, the service charge would be prorated at $5.45 per ERU per month.
Motion to adoption of the ordinance F. Ordinance Amending §37.1-14: Stormwater Management Service Charge Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance F. Ordinance Amending §37.1-14: Stormwater Management Service Charge (Approved)
G. Ordinance Amending §42.33: Water Rates and Fees
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 established the water rate for commercial, residential and industrial uses at $7.10 per 100 cubic feet above six; the lifeline rate for all HCR above six at $3.17; and the summer conservation rate at $0.64 per HCF. Additionally included in the ordinance, and attached, is a revised system development fee schedule.
Motion to adoption of the ordinance G. Ordinance Amending §42.33: Water Rates and Fees Moved by Whitaker, seconded by Bateman.
Vote to adoption of the ordinance G. Ordinance Amending §42.33: Water Rates and Fees (Declined)
H. Ordinance Amending §16-6: Fire Protection Service Fee
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 16, FIRE PREVENTION AND PROTECTION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, SECTION 16-6, FIRE PROTECTION SERVICE FEE. This ordinance established the fire protection service fee at $2.70 for 5/8–inch meter per bi-monthly bill. The fee for larger meter sizes increased proportionately.
Motion to adoption of the ordinance H. Ordinance Amending §16-6: Fire Protection Service Fee Moved by Whitaker, seconded by Bateman.
Vote to adoption of the ordinance H. Ordinance Amending §16-6: Fire Protection Service Fee (Approved)
I. Ordinance Amending §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 authorized the altering or suspension, at the discretion of the City Manager, of the tuition reimbursement program for City employees.
Motion to defer the item to (a specific date) I. Ordinance Amending §2-96: Tuition Refund; Administrative Policies and Procedures Moved by McMillan, seconded by Scott.
Vote to defer the item to (a specific date) I. Ordinance Amending §2-96: Tuition Refund; Administrative Policies and Procedures (Approved)
J. Ordinance Adopting Fiscal Year 2010 Classification and Pay Plan
AN ORDINANCE PROVIDING FOR THE ADOPTION OF A CLASSIFICATION AND PAY PLAN FOR THE EMPLOYEES OF THE CITY OF NEWPORT NEWS FOR FISCAL YEAR 2010. This ordinance approved the Fiscal Year 2010 Employee Classification and Pay Plan.
Motion to adoption of the ordinance J. Ordinance Adopting Fiscal Year 2010 Classification and Pay Plan Moved by Vick, seconded by Scott.
Vote to adoption of the ordinance J. Ordinance Adopting Fiscal Year 2010 Classification and Pay Plan (Approved)
K. Ordinance Adopting Fiscal Year 2010 City and School Division Operating Budget and Appropriation of Funds
AN ORDINANCE TO APPROVE THE BUDGET AND APPROPRATE FUNDS TO OPERATE THE CITY OF NEWPORT NEWS FOR THE FISCAL YEAR BEGINNING JULY 1, 2009, AND ENDING JUNE 30, 2010, INCLUSIVE. This ordinance approved the City’s Operating Budget for FY 2010 and appropriated $774,033,309 to operate the City and School Division for the fiscal year beginning July 1, 2009.
Motion to amend the ordinance to (specific language) K. Ordinance Adopting Fiscal Year 2010 City and School Division Operating Budget and Appropriation of Funds - Amend the Ordinance to separate the School and City Budget and vote on them separately. Moved by McMillan, seconded by Woodbury.
Vote to amend the ordinance to (specific language) K. Ordinance Adopting Fiscal Year 2010 City and School Division Operating Budget and Appropriation of Funds - Amend the Ordinance to separate the School and City Budget and vote on them separately. (Approved)
Motion to adoption of the resolution as amended K. Resolution Adopting Fiscal Year 2010 School Division Operating Budget Moved by Woodbury, seconded by Vick.
Motion to amend the resolution to (specific language) K. Resolution Adopting Fiscal Year 2010 School Division Operating Budget - Amend Resolution to add $100,000 back to NNPS. Moved by Whitaker. The motion did not receive a second and was lost.
Vote to adoption of the resolution as amended K. Resolution Adopting Fiscal Year 2010 School Division Operating Budget (Approved)
Mr. John Procyson commented on wasteful spending.
Motion to defer the item to (a specific date) K. Ordinance Adopting Fiscal Year 2010 City Operating Budget - Defer item to June 9, 2009. Moved by Scott, seconded by Woodbury.
Vote to defer the item to (a specific date) K. Ordinance Adopting Fiscal Year 2010 City Operating Budget - Defer item to June 9, 2009. (Declined)
Motion to amend the ordinance to (specific language) K. Ordinance Adopting Fiscal Year 2010 City Operating Budget Moved by Bateman, seconded by Whitaker.
Vote to amend the ordinance to (specific language) K. Ordinance Adopting Fiscal Year 2010 City Operating Budget (Approved)
7. Acquisition of Property - Richneck Area Regional Drainage Project
A. Ordinance Authorizing Purchase of 462 Richneck Road - Allen Parcel
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER TO PURCHASE CERTAIN REAL PROPERTY HEREINAFTER MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN THE CITY OF NEWPORT NEWS, VIRGINIA, FOR STORMWATER MANAGEMENT PURPOSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ALL DOCUMENTS NECESSARY TO EFFECT THE PURCHASE AUTHORIZED HEREIN. This ordinance authorized the City Manager to make an offer to purchase 462 Richneck Road for the Richneck Area Regional Drainage Project and authorization to execute all documents necessary to effectuate the purchase. The proposed Richneck Area Regional Drainage Project would receive runoff from approximately 260 acres of land. From a water quality standpoint, the design of the proposed project should accommodate any future growth or development of the entire 260 acres it would serve. Based on the design, the acquisition of two properties was required in order to construct the proposed regional stormwater retention basin and downstream emergency spillway. The owners of this property accepted an offer of $120,000, which was the City’s current assessed value. Funding for this property acquisition came from previous appropriation within the stormwater management category of the CIP, which would be reallocated to this project. No new funding was required.
Motion to adoption of the ordinance A. Ordinance Authorizing Purchase of 462 Richneck Road - Allen Parcel Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance A. Ordinance Authorizing Purchase of 462 Richneck Road - Allen Parcel (Approved)
B. Ordinance Authorizing Purchase of Colony Pines HOA Parcel
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER TO PURCHASE CERTAIN REAL PROPERTY HEREINAFTER MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN THE CITY OF NEWPORT NEWS, VIRGINIA, FOR STORMWATER MANAGEMENT PURPOSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ALL DOCUMENTS NECESSARY TO EFFECT THE PURCHASE AUTHORIZED HEREIN. This ordinance authorized the City Manager to make an offer to purchase certain real property from the Colony Pines Homeowners Association (HOA) for the Richneck Area Regional Drainage Project and authorization to execute all documents necessary to effectuate the purchase. This was the second property required in the design of the proposed Richneck Area Regional Drainage Project. The Colony Pines Homeowners Association accepted an offer of $242,000 for fee simple title, which was the current appraised value of an independent appraiser contracted by the City. Funding for this property acquisition came from previous appropriations within the stormwater management category of the CIP, which would be reallocated to this project. No new funding was required.
Motion to adoption of the ordinance B. Ordinance Authorizing Purchase of Colony Pines HOA Parcel Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance B. Ordinance Authorizing Purchase of Colony Pines HOA Parcel (Approved)
C. Resolution Appropriating Funds - $362,000
A RESOLUTION APPROPRIATING FUNDS FROM STONEY RUN ($362,000.00) TO RICHNECK AREA REGIONAL BMP ($362,000.00). This resolution appropriated $362,000.00 for property acquisition for the Richneck Area Regional Drainage Project.
Motion to adoption of the resolution C. Resolution Appropriating Funds - $362,000 Moved by Vick, seconded by Bateman.
SPS asked for explanation of appropriation.
Vote to adoption of the resolution C. Resolution Appropriating Funds - $362,000 (Approved)
8. Acquisition of Property - Windsor Castle Basin/Channel Improvement Project
A. Ordinance Authorizing Purchase of 2.23±-Acre Portion of 128 Deal
Drive
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFIER TO PURCHASE CERTAIN REAL PROPERTY HEREIN MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN THE CITY OF NEWPORT NEWS, VIRGINIA, FOR STORMWATER MANAGEMENT PURPOSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ALL DOCUMENTS NECESSARY TO EFFECT THE PURCHASE AUTHORIZED HEREIN. This resolution authorized the City Manager to make an offer to purchase 2.23± acres, from Open Door Korean United Methodist Church, for stormwater improvements to the Windsor CastleBasin/Channel Improvement Project, and authorization to execute all documents necessary to effectuate the purchase. The Windsor Castle Basin and Channel Improvement Project sought to rehabilitage a stormwater drainage channel in Stoney Run. This Channel provided a major stormwater conveyance system for runoff from the residential parcels adjacent to the Windsor Castle Channel. It also served as the primary outfall for the Colony Pines detention basin. City Council was requested to authorize the voluntary acquisition of the 2.23± acre portion of 128 Deal Drive for $134,000. Funding was available from previous appropriations within the Stormwater Management Category of the CIP, which would be realloocated to this project. No new funding was required.
Motion to adoption of the ordinance A. Ordinance Authorizing Purchase of 2.23±-Acre Portion of 128 Deal Drive Moved by McMillan, seconded by Scott.
Vote to adoption of the ordinance A. Ordinance Authorizing Purchase of 2.23±-Acre Portion of 128 Deal Drive (Approved)
B. Resolution Appropriating Funds - $134,000
A RESOLUTION APPROPRIATING FUNDS FROM CITYWIDE DRAINAGE IMPROVEMENTS ($134,000.00) TO WINDSOR CASTLE BASIN/CHANNEL PROJECT ($134,000.00). This resolution appropriated $134,000.00 to the Windsor Castle Basin/Channel Project.
Motion to adoption of the resolution B. Resolution Appropriating Funds - $134,000 Moved by Scott, seconded by Scott.
Vote to adoption of the resolution B. Resolution Appropriating Funds - $134,000 (Approved)
9. Denbigh and Menchville Landfill Post-Closure Maintenance Project
A. Resolution Appropriating Funds - $145,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED – SOLID WASTE ($145,000.00) TO DENBIGH/MENCHVILLE LANDFILL POST-CLOSURE PROJECT ($145,000.00). This resolution appropriated $145,000.00 from the Solid Waste category in the Capital Improvements Plan (CIP) for the Denbigh and Menchville Landfill Post-Closure Maintenance Project. The project proposed the repair, fill, re-grading and seeding of both the Denbigh and Menchville Landfill to fulfill the 30-year post-closure maintenance according to the Department of Environmental Quality (DEQ) landfill compliance standards. The low bidder, The Phoenix Corporation, in the past, had successfully performed similar projects for the City, and was recommended for award of the project. This appropriation included a 5% contingency fund. The source of funding for this project was Bonds Authorized and Issued. The City’s FY 2009 Bond Authorization that allowed for capital project appropriations from the approved CIP was $30 million. Of this amount, $2,698,000 was designated for Solid Waste. Approval of this resolution left a balance of $28,125,207 in the FY 2009 Bond Authorization; and $2,553,000 available for appropriations from the Solid Waste category. The City Manager recommended approval.
Motion to adoption of the ordinance A. Resolution Appropriating Funds - $145,000 Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance A. Resolution Appropriating Funds - $145,000 (Approved)
B. Award of Bid
Vice Mayor Whitaker moved to award the bid for the Denbigh and Menchville Landfill Post-Closure Maintenance Project to the Phoenix Corporation, which was selected as the lowest bidder at $137,033.00; seconded by Councilman Bateman. The Phoenix Corporation was the low bidder and had successfully performed similar projects for the City in the past.
Motion to award a bid to B. Award of Bid Moved by Bateman, seconded by Scott.
Vote to award a bid to B. Award of Bid (Approved)
10. Resolution related to the Suspension of the King William Reservoir Project
A RESOLUTION OF THE NEWPORT NEWS CITY COUNCIL REGARDING THE KING WILLIAM RESERVOIR PROJECT. This resolution suspended work on the King William Reservoir (KWR) Project for a period of 120 days in order for staff to determine the appropriate due diligence on the project. By letter dated April 30, 2009, the District Engineer of the Norfolk District, of the Army Corps of Engineers, suspended the City’s Section 404 Permit and directed that all activities previously authorized by the permit be stopped. This resolution affirmed the City Manager’s action on May 1, 2009, to suspend work on the project and sets the period of the suspension at 120 days. During the 120-day suspension period, the City Manager was directed to analyze the consequences of the suspension of the Section 404 Permit and its impact on other permits for the project, the City’s contractual obligations in regard to the project, and to identify other potential water supply alternatives that could satisfy Newport News Waterworks’ and the region’s long-term water supply requirements. This resolution directed that a report on the findings and recommendations be provided back to the City Council for consideration, by the end of the 120-dat suspension period.
Motion to adoption of the resolution 10. Resolution related to the Suspension of the King William Reservoir Project Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution 10. Resolution related to the Suspension of the King William Reservoir Project (Approved)
Mr. L. T. Vaughan thanked Council & CM for making an effort to reduce spending. Commented on the KWR project and inquired whether anyone was looking for an alternative site or seeking other options. Raising the water rate was another tax in his opinion,
Ms. Pat Coile, 29 Shirley Road, NN, requested that Mayor remove himself from the voting on the KWR project. Conflict of interest. Land Trust Company (law ofc of David Kamp & Frank) represents them.
Mr. William Pelkey, commented on the suspension of the KWR permit. Noted property transfers from the Richmond Times Dispatch.
Mr. Kelly Place, addressed the land transfer described by Mr. Pelkey. Perceived conflict of interest by Mayor Frank. Commented on Resolution language.
Dr. Angela Herring commented on the suspension of the KWR permit. Thanked Council for voting against the water rate increase.
11. Appropriations
A. Engineering - Stoney Run Recreation Center - Phase I - $1 million
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 AUTHORIZED AND ISSUED – PUBLIC BUILDINGS ($1,000,000.00) TO STONEY RUN RECREATION CENTER – PHASE I ($1,000,000.00). This resolution appropriated $1,000,000.00 from the FY 2009 Public Buildings Category Bond Authorization for Phase I of the Stoney Run Recreation Center. The project would construct Phase I of the Stoney Run Recreation Center, to include demolition of remaining structures, installation of infrastructure, intersection improvements, utility relocation and site work. The intersection improvements, which occur at Curtis Tignor Road and Warwick Boulevard, would include a northbound right-turn lane on Warwick Boulevard at the recreation center entrance. Phase I of the project also enabled the completion of most utility relocations and certain other infrastructure improvements, which would expedite the construction of the facility. Construction was expected to begin by August 2009. The appropriation included a 5% contingency request. The City’s FY 2009 Bond Authorization that allowed for capital project appropriations from the approved CIP was $30 million. Of this amount, $4,000,000 was designated for public buildings. Approval of this resolution would leave a balance of $27,125,207 available for appropriation from the Bond Authorization and $3,000,000 in this category.
Motion to adoption of appropriation A. Engineering - Stoney Run Recreation Center - Phase I - $1 million Moved by Scott, seconded by Woodbury.
Vote to adoption of appropriation A. Engineering - Stoney Run Recreation Center - Phase I - $1 million (Approved)
B. Engineering - Design for Roanoke Avenue Sanitary Sewer Rehabilitation Phase 3A and 3B Project - $100,000
A RESOLUTION APPROPRIATING FUNDS FROM 2008 VIRGINIA REVOLVING LOAN FUND ($100,000.00) TO ROANOKE AVENUE SANITARY SEWER REHABILITATION PHASE 3A & 3B.
12. Citizen Comments on Matters Germane to the Business of City Council
Priscilla Burnett, 106 Tillerson Drive, NN, commented on the City Farm and proposed development of the land. Feels it is a smoke-screen. The City fabricates reports. They only want the land. Time for Council to read and understand the reports. Can’t start cutting 2 months before the vote on the budget. Remove the bankers and lawyers from office.
Mr. A. C. Pulliam, commented on KWR. Commented on the City Farm land.
Mr. William Pelkey, commented on editorial by Mary Sherwood Holt in the May 10, 2009 edition of the Daily Press. Addressed 4 women of Council, recognizing they had the best interest of the City at heart, and expressed his support for them.
Mr. Kelly Place commented on the $16 million appropriation made by Council in November. Addressed alternatives to the water studies.
*13. New Business and Councilmember Comments
Councilwoman Woodbury thanked citizens for their attendance and participation.
Councilwoman Woodbury congratulated Councilwoman Vick for her award from OHA.
Councilwoman Woodbury congratulated Councilwoman McMillan for 2 awards.
Councilman Bateman commented on his vote regarding the KWR project.
Councilwoman McMillan reminded of May 14 2009 Job Fair at the Boys & Girls Club, 9 - 12 noon.
Councilwoman McMillan advised of the Denbigh Kiwanis sponsored Den-B-Que.
Councilwoman Scott commented on her vote on the resolution to suspend the KWR project.
Councilwoman Scott advised there would be no Town Hall Meeting in May. The next would be June 22.
Councilwoman Vick thanked colleagues for their attendance at the OHA Banquet.
South District Town Hall Meeting, June 4, 6 - 8:30 at the Downing Gross CAC.
Adjourn
May 12, 2009 Regular City Council Meeting
Full agenda
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Presentations
A. Proclamation: Emergency Medical Services Week – May 17-23, 2009
B. Proclamation: National Public Works Week – May 17-23, 2009
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
1. Invocation - Bishop Arthur L. Tripp, Sr. Tabernacle Baptist Church
The invocation was rendered by Mr. Teddy Hicks, Chairman, Newport News School Board
Motion to closure of the public hearing 1. Invocation - Bishop Arthur L. Tripp, Sr. Tabernacle Baptist Church Moved by Whitaker, no second required.
2. 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 Vice Mayor Joseph C. Whitaker.
3. Public Hearings
(a) Effective Real Estate Tax Rate
Mayor Frank stated this was an opportunity for City Council to receive public comments on the effective real property tax rate as it related to the recommended Fiscal Year 2009 Operating Budget. This public hearing was required by State Code when a locality proposed an increase in property tax levies. The lowered tax rate necessary to offset increased assessments would by $1.087 per $100 of assessed value. The difference between the lowered tax rate and the proposed tax rate was $0.013 per $100 of assessed value. That difference was known as the Effective Tax Rate increase.
Ms. Cary Nunnally, thanked the ladies for being on the citizens side.
Mr. William Pelkey, addressed Council re City spending. He also commented on the real estate tax rate.
Mr. A. C. Pulliam,
Mr. Billie Millner thanked Council for their service to the City and their leadership. He commented on the economic growth in the City and the amenities or "nice things." He stated if Council had to raise taxes, do it.
Dr. Angela Herring, 11 Digges Drive, Newport News, addressed Council about the real estate tax rate. She asked for tax relief.
Motion to closure of the public hearing 3. Public Hearings Moved by Whitaker, seconded by Scott.
Vote to closure of the public hearing 3. Public Hearings (Approved)
4. Consent Agenda
A. Minutes of the Budget Public Hearing of April 16, 2009
B. Minutes of the Special Budget Work Session of April 21, 2009
C. Minutes of the Work Session of April 28, 2009
D. Minutes of the Regular Meeting of April 28, 2009
E. Minutes of the Special Budget Work Session of May 5, 2009
F. Minutes of the Special Meeting of May 5, 2009
G. Resolution in Support of the Homelessness Prevention and Rapid Re-housing Program (HPRP)
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS APPROVING A SUBSTANTIAL AMENDMENT TO FISCAL YEAR 2008-2009 CONSOLIDATED PLAN FOR HOUSING AND COMMUNITY DEVELOPMENTS ANNUAL ACTION PLAN AND APPROVING A SUBMISSION OF A REQUEST FOR FUNDING UNDER THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. This Resolution amended the Fiscal Year 2008-2009 Consolidated Plan for Housing and Community Development Annual Action Plan, and approved the submission of a request for funding under the Homelessness Prevention and Rapid Re-Housing Program to the United States Department of Housing and Urban Development (HUD). The American Recovery and Reinvestment Act of 2009 designated $1.5 billion for communities to provide financial assistance and services to the homeless through the Homelessness Prevention Fund. HUD provided public notice of funding availability for this Fund, which was also referred to as the HPRP. The City received an allocation of $659,087 for HPRP activities and had to submit a plan to HUD for review by May 18, 2009. The Newport News Redevelopment and Housing Authority (NNRHA) served as the City’s Administrative Agent to oversee HPRP funds. Approval of this resolution allowed the City to receive $659,087 in federal stimulus funds. No other local funds were required for this action. The City Manager recommended approval.
Motion to adoption of consent agenda 4. Consent Agenda Moved by Vick, seconded by Scott.
Vote to adoption of consent agenda 4. Consent Agenda (Approved)
5. Technology Zones
A. Ordinance Amending City Code, Chapter 40.2, to add Article II.
Technology Zones
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40.2., URBAN ENTERPRISE ZONE BOUNDARIES, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA. This ordinance amended Chapter 40.2 of the City Code to add Article II. Technology Zones, and approved a resolution authorizing the Technology Zone Energy and Defense Infrastructure Grant Funding Agreement by and between the City of Newport News and the Economic Development Authority (EDA) of the City of Newport News, Virginia. City Council was briefed at its April 28, 2009 Work Session on the proposed Technology Zone Ordinance and related funding agreement. The ordinance was necessary in order to deliver certain local incentives for the AREVA project, and provided incentives to attract other technology-based economic development activity to the City. The Funding Agreement was necessary in order to deliver the Technology Zone Energy and Defense Infrastructure Grant local incentive for the AREVA project; and also provided an incentive to attract other technology-based economic development activity to the City. The City Manager recommended approval.
Motion to adoption of the ordinance A. Ordinance Amending City Code, Chapter 40.2, to add Article II.
Technology Zones Moved by Whitaker, seconded by Vick.
Vote to adoption of the ordinance A. Ordinance Amending City Code, Chapter 40.2, to add Article II.
Technology Zones (Approved)
B. Resolution Authorizing Technology Zone Energy and Defense
Infrastructure Grant Funding Agreement
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 TECHNOLOGY ZONE ENERGY AND DEFENCSE INFRASTRUCTURE GRANT FUNDING AGREEMENT DATED AS OF THE 12TH DAY OF MAY, 2009, BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, ANDA THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA. This resolution authorized the City Manager to execute that certain Technology Zone Energy and Defense Infrastructure Grant Funding Agreement by and between the City of Newport News and the Economic Development Authority of the City of Newport News, Virginia.
Motion to adoption of the resolution B. Resolution Authorizing Technology Zone Energy and Defense Infrastructure Grant Funding Agreement Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution B. Resolution Authorizing Technology Zone Energy and Defense Infrastructure Grant Funding Agreement (Approved)
6. City Code-related Items to Enact the Fiscal Year 2010 City Operating Budget
A. Ordinance Amending §40-12: Real Estate Property Tax Rate
AN ORDINANCE TO REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINI, ARTICLE II., REAL ESTATE TAXES, DIVISION 1., GENERALLY, SECTION 40-12, LEVIED; AMOUNT. This ordinance established the real estate property tax rate for Fiscal Year 2010 at $1.10 per $10 of assessed value.
Motion to adoption of the ordinance A. Ordinance Amending §40-12: Real Estate Property Tax Rate Moved by Vick, seconded by Whitaker.
Vote to adoption of the ordinance A. Ordinance Amending §40-12: Real Estate Property Tax Rate (Approved)
Councilwoman Scott explained support for $1.10 real estate tax rate.
Councilwoman Woodbury expressed her opposition.
Councilwoman Vick expressed her support for the $1.10 real estate tax rate.
Councilman Bateman explained his support for the $1.10 real estate tax rate.
Councilwoman McMillan felt more could be cut from the budget. She explained her opposition to a real estate tax rate of $1.10.
Mayor Frank commented on the proposed surplus and indicated the State was experiencing more cuts. He stated FY 2011 would bring more cuts. It’s easier to cut the rate than to raise the rate. He expressed support for the $1.10 tax rate.
Vice Mayor Whitaker thanked Mr. Milllner for his remarks. He thanked the City Manager for his hard work. He explained his support for the $1.10 tax rate.
B. Ordinance Amending §40-220.3 and §220.5: Personal Property Tax Rate-Mobile Homes and Public Service Corporation Properties
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XII., TANGIBLE PERSONAL PROPERTY TAXES, DIVISION 2., TAX LEVY AND RATES, SECTION 40-220.3, MOBILE HOME TAX; LEVIED; AMOUNT; AND SECTION 40-220.5, TAX ON PERSONAL PROPERTY OF PUBLI SERVICE CORPORATIONS (EXCEPT AIRCRAFT, AUTOMOBILIES AND TRUCK); LEVIED; AMOUNT. This ordinance established the personal property tax rate for mobile homes and public service corporations for the period of January 1, 2010, through December 31, 2010, at $1.10 per $100 of assessed value.
Motion to adoption of the ordinance B. Ordinance Amending §40-220.3 and §220.5: Personal Property Tax Rate-Mobile Homes and Public Service Corporation Properties Moved by Whitaker, seconded by Vick.
Vote to adoption of the ordinance B. Ordinance Amending §40-220.3 and §220.5: Personal Property Tax Rate-Mobile Homes and Public Service Corporation Properties (Approved)
C. Ordinance Amending §33-33: Sewer Use Charges
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33, SEWERS AND SEWAGE DISPOSAL, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE III., SEWER USE CHARGES, SECTION 33-33, RATE. This ordinance established the sewer user fee at $1.63 for each one hundred cubic feet, or fraction thereof, of metered water consumption, and a sewer user fee surcharge of $.90 HCF.
Motion to adoption of the ordinance C. Ordinance Amending §33-33: Sewer Use Charges Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance C. Ordinance Amending §33-33: Sewer Use Charges (Approved)
D. Ordinance Amending §33-19: Connections to Public Sewer Charges
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33., SEWERS AND SEWAGE DISPOSAL, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., CONNECTIONS TO PUBLIC SEWER, SECTION 33-19, CHARGES. This ordinance amended the sewer connection charges, including the single-family unit connection.
Motion to adoption of the ordinance D. Ordinance Amending §33-19: Connections to Public Sewer Charges Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance D. Ordinance Amending §33-19: Connections to Public Sewer Charges (Approved)
E. Resolution Amending Policy Regarding Sewage Collection Systems
A RESOLUTION TO AMEND THE CITY’S “POLICY REGARDING SEWAGE COLLECTION SYSTEMS” TO INCREASE THE AMOUNT BY WHICH SEWER ASSESSMENTS ARE CALCULATED. This resolution amended the City’s Policy regarding sewage collection systems to increase the per front foot amount by which sanitary sewer assessments were computed; Section 1 of the policy would be increased to $49 per front foot and Section 6.4 would be increased to $8 per front foot.
Motion to adoption of the resolution E. Resolution Amending Policy Regarding Sewage Collection Systems Moved by Vick, seconded by Whitaker.
Vote to adoption of the resolution E. Resolution Amending Policy Regarding Sewage Collection Systems (Approved)
F. Ordinance Amending §37.1-14: Stormwater Management Service Charge
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 37.1, STORMWATER MANAGEMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., SERVICE CHARGE, SECTION 37.1-14, SERVICE CHARGE, BILLING, PAYMENT, INTEREST, FEE AND LIEN. This ordinance established the stormwater management service charge at $65.40 per ERU per year, and when applicable, the service charge would be prorated at $5.45 per ERU per month.
Motion to adoption of the ordinance F. Ordinance Amending §37.1-14: Stormwater Management Service Charge Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance F. Ordinance Amending §37.1-14: Stormwater Management Service Charge (Approved)
G. Ordinance Amending §42.33: Water Rates and Fees
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 established the water rate for commercial, residential and industrial uses at $7.10 per 100 cubic feet above six; the lifeline rate for all HCR above six at $3.17; and the summer conservation rate at $0.64 per HCF. Additionally included in the ordinance, and attached, is a revised system development fee schedule.
Motion to adoption of the ordinance G. Ordinance Amending §42.33: Water Rates and Fees Moved by Whitaker, seconded by Bateman.
Vote to adoption of the ordinance G. Ordinance Amending §42.33: Water Rates and Fees (Declined)
H. Ordinance Amending §16-6: Fire Protection Service Fee
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 16, FIRE PREVENTION AND PROTECTION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., IN GENERAL, SECTION 16-6, FIRE PROTECTION SERVICE FEE. This ordinance established the fire protection service fee at $2.70 for 5/8–inch meter per bi-monthly bill. The fee for larger meter sizes increased proportionately.
Motion to adoption of the ordinance H. Ordinance Amending §16-6: Fire Protection Service Fee Moved by Whitaker, seconded by Bateman.
Vote to adoption of the ordinance H. Ordinance Amending §16-6: Fire Protection Service Fee (Approved)
I. Ordinance Amending §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 authorized the altering or suspension, at the discretion of the City Manager, of the tuition reimbursement program for City employees.
Motion to defer the item to (a specific date) I. Ordinance Amending §2-96: Tuition Refund; Administrative Policies and Procedures Moved by McMillan, seconded by Scott.
Vote to defer the item to (a specific date) I. Ordinance Amending §2-96: Tuition Refund; Administrative Policies and Procedures (Approved)
J. Ordinance Adopting Fiscal Year 2010 Classification and Pay Plan
AN ORDINANCE PROVIDING FOR THE ADOPTION OF A CLASSIFICATION AND PAY PLAN FOR THE EMPLOYEES OF THE CITY OF NEWPORT NEWS FOR FISCAL YEAR 2010. This ordinance approved the Fiscal Year 2010 Employee Classification and Pay Plan.
Motion to adoption of the ordinance J. Ordinance Adopting Fiscal Year 2010 Classification and Pay Plan Moved by Vick, seconded by Scott.
Vote to adoption of the ordinance J. Ordinance Adopting Fiscal Year 2010 Classification and Pay Plan (Approved)
K. Ordinance Adopting Fiscal Year 2010 City and School Division Operating Budget and Appropriation of Funds
AN ORDINANCE TO APPROVE THE BUDGET AND APPROPRATE FUNDS TO OPERATE THE CITY OF NEWPORT NEWS FOR THE FISCAL YEAR BEGINNING JULY 1, 2009, AND ENDING JUNE 30, 2010, INCLUSIVE. This ordinance approved the City’s Operating Budget for FY 2010 and appropriated $774,033,309 to operate the City and School Division for the fiscal year beginning July 1, 2009.
Motion to amend the ordinance to (specific language) K. Ordinance Adopting Fiscal Year 2010 City and School Division Operating Budget and Appropriation of Funds - Amend the Ordinance to separate the School and City Budget and vote on them separately. Moved by McMillan, seconded by Woodbury.
Vote to amend the ordinance to (specific language) K. Ordinance Adopting Fiscal Year 2010 City and School Division Operating Budget and Appropriation of Funds - Amend the Ordinance to separate the School and City Budget and vote on them separately. (Approved)
Motion to adoption of the resolution as amended K. Resolution Adopting Fiscal Year 2010 School Division Operating Budget Moved by Woodbury, seconded by Vick.
Motion to amend the resolution to (specific language) K. Resolution Adopting Fiscal Year 2010 School Division Operating Budget - Amend Resolution to add $100,000 back to NNPS. Moved by Whitaker. The motion did not receive a second and was lost.
Vote to adoption of the resolution as amended K. Resolution Adopting Fiscal Year 2010 School Division Operating Budget (Approved)
Mr. John Procyson commented on wasteful spending.
Motion to defer the item to (a specific date) K. Ordinance Adopting Fiscal Year 2010 City Operating Budget - Defer item to June 9, 2009. Moved by Scott, seconded by Woodbury.
Vote to defer the item to (a specific date) K. Ordinance Adopting Fiscal Year 2010 City Operating Budget - Defer item to June 9, 2009. (Declined)
Motion to amend the ordinance to (specific language) K. Ordinance Adopting Fiscal Year 2010 City Operating Budget Moved by Bateman, seconded by Whitaker.
Vote to amend the ordinance to (specific language) K. Ordinance Adopting Fiscal Year 2010 City Operating Budget (Approved)
7. Acquisition of Property - Richneck Area Regional Drainage Project
A. Ordinance Authorizing Purchase of 462 Richneck Road - Allen Parcel
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER TO PURCHASE CERTAIN REAL PROPERTY HEREINAFTER MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN THE CITY OF NEWPORT NEWS, VIRGINIA, FOR STORMWATER MANAGEMENT PURPOSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ALL DOCUMENTS NECESSARY TO EFFECT THE PURCHASE AUTHORIZED HEREIN. This ordinance authorized the City Manager to make an offer to purchase 462 Richneck Road for the Richneck Area Regional Drainage Project and authorization to execute all documents necessary to effectuate the purchase. The proposed Richneck Area Regional Drainage Project would receive runoff from approximately 260 acres of land. From a water quality standpoint, the design of the proposed project should accommodate any future growth or development of the entire 260 acres it would serve. Based on the design, the acquisition of two properties was required in order to construct the proposed regional stormwater retention basin and downstream emergency spillway. The owners of this property accepted an offer of $120,000, which was the City’s current assessed value. Funding for this property acquisition came from previous appropriation within the stormwater management category of the CIP, which would be reallocated to this project. No new funding was required.
Motion to adoption of the ordinance A. Ordinance Authorizing Purchase of 462 Richneck Road - Allen Parcel Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance A. Ordinance Authorizing Purchase of 462 Richneck Road - Allen Parcel (Approved)
B. Ordinance Authorizing Purchase of Colony Pines HOA Parcel
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER TO PURCHASE CERTAIN REAL PROPERTY HEREINAFTER MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN THE CITY OF NEWPORT NEWS, VIRGINIA, FOR STORMWATER MANAGEMENT PURPOSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ALL DOCUMENTS NECESSARY TO EFFECT THE PURCHASE AUTHORIZED HEREIN. This ordinance authorized the City Manager to make an offer to purchase certain real property from the Colony Pines Homeowners Association (HOA) for the Richneck Area Regional Drainage Project and authorization to execute all documents necessary to effectuate the purchase. This was the second property required in the design of the proposed Richneck Area Regional Drainage Project. The Colony Pines Homeowners Association accepted an offer of $242,000 for fee simple title, which was the current appraised value of an independent appraiser contracted by the City. Funding for this property acquisition came from previous appropriations within the stormwater management category of the CIP, which would be reallocated to this project. No new funding was required.
Motion to adoption of the ordinance B. Ordinance Authorizing Purchase of Colony Pines HOA Parcel Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance B. Ordinance Authorizing Purchase of Colony Pines HOA Parcel (Approved)
C. Resolution Appropriating Funds - $362,000
A RESOLUTION APPROPRIATING FUNDS FROM STONEY RUN ($362,000.00) TO RICHNECK AREA REGIONAL BMP ($362,000.00). This resolution appropriated $362,000.00 for property acquisition for the Richneck Area Regional Drainage Project.
Motion to adoption of the resolution C. Resolution Appropriating Funds - $362,000 Moved by Vick, seconded by Bateman.
SPS asked for explanation of appropriation.
Vote to adoption of the resolution C. Resolution Appropriating Funds - $362,000 (Approved)
8. Acquisition of Property - Windsor Castle Basin/Channel Improvement Project
A. Ordinance Authorizing Purchase of 2.23±-Acre Portion of 128 Deal
Drive
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFIER TO PURCHASE CERTAIN REAL PROPERTY HEREIN MORE PARTICULARLY DESCRIBED, SITUATE, LYING AND BEING IN THE CITY OF NEWPORT NEWS, VIRGINIA, FOR STORMWATER MANAGEMENT PURPOSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST ALL DOCUMENTS NECESSARY TO EFFECT THE PURCHASE AUTHORIZED HEREIN. This resolution authorized the City Manager to make an offer to purchase 2.23± acres, from Open Door Korean United Methodist Church, for stormwater improvements to the Windsor CastleBasin/Channel Improvement Project, and authorization to execute all documents necessary to effectuate the purchase. The Windsor Castle Basin and Channel Improvement Project sought to rehabilitage a stormwater drainage channel in Stoney Run. This Channel provided a major stormwater conveyance system for runoff from the residential parcels adjacent to the Windsor Castle Channel. It also served as the primary outfall for the Colony Pines detention basin. City Council was requested to authorize the voluntary acquisition of the 2.23± acre portion of 128 Deal Drive for $134,000. Funding was available from previous appropriations within the Stormwater Management Category of the CIP, which would be realloocated to this project. No new funding was required.
Motion to adoption of the ordinance A. Ordinance Authorizing Purchase of 2.23±-Acre Portion of 128 Deal Drive Moved by McMillan, seconded by Scott.
Vote to adoption of the ordinance A. Ordinance Authorizing Purchase of 2.23±-Acre Portion of 128 Deal Drive (Approved)
B. Resolution Appropriating Funds - $134,000
A RESOLUTION APPROPRIATING FUNDS FROM CITYWIDE DRAINAGE IMPROVEMENTS ($134,000.00) TO WINDSOR CASTLE BASIN/CHANNEL PROJECT ($134,000.00). This resolution appropriated $134,000.00 to the Windsor Castle Basin/Channel Project.
Motion to adoption of the resolution B. Resolution Appropriating Funds - $134,000 Moved by Scott, seconded by Scott.
Vote to adoption of the resolution B. Resolution Appropriating Funds - $134,000 (Approved)
9. Denbigh and Menchville Landfill Post-Closure Maintenance Project
A. Resolution Appropriating Funds - $145,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED – SOLID WASTE ($145,000.00) TO DENBIGH/MENCHVILLE LANDFILL POST-CLOSURE PROJECT ($145,000.00). This resolution appropriated $145,000.00 from the Solid Waste category in the Capital Improvements Plan (CIP) for the Denbigh and Menchville Landfill Post-Closure Maintenance Project. The project proposed the repair, fill, re-grading and seeding of both the Denbigh and Menchville Landfill to fulfill the 30-year post-closure maintenance according to the Department of Environmental Quality (DEQ) landfill compliance standards. The low bidder, The Phoenix Corporation, in the past, had successfully performed similar projects for the City, and was recommended for award of the project. This appropriation included a 5% contingency fund. The source of funding for this project was Bonds Authorized and Issued. The City’s FY 2009 Bond Authorization that allowed for capital project appropriations from the approved CIP was $30 million. Of this amount, $2,698,000 was designated for Solid Waste. Approval of this resolution left a balance of $28,125,207 in the FY 2009 Bond Authorization; and $2,553,000 available for appropriations from the Solid Waste category. The City Manager recommended approval.
Motion to adoption of the ordinance A. Resolution Appropriating Funds - $145,000 Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance A. Resolution Appropriating Funds - $145,000 (Approved)
B. Award of Bid
Vice Mayor Whitaker moved to award the bid for the Denbigh and Menchville Landfill Post-Closure Maintenance Project to the Phoenix Corporation, which was selected as the lowest bidder at $137,033.00; seconded by Councilman Bateman. The Phoenix Corporation was the low bidder and had successfully performed similar projects for the City in the past.
Motion to award a bid to B. Award of Bid Moved by Bateman, seconded by Scott.
Vote to award a bid to B. Award of Bid (Approved)
10. Resolution related to the Suspension of the King William Reservoir Project
A RESOLUTION OF THE NEWPORT NEWS CITY COUNCIL REGARDING THE KING WILLIAM RESERVOIR PROJECT. This resolution suspended work on the King William Reservoir (KWR) Project for a period of 120 days in order for staff to determine the appropriate due diligence on the project. By letter dated April 30, 2009, the District Engineer of the Norfolk District, of the Army Corps of Engineers, suspended the City’s Section 404 Permit and directed that all activities previously authorized by the permit be stopped. This resolution affirmed the City Manager’s action on May 1, 2009, to suspend work on the project and sets the period of the suspension at 120 days. During the 120-day suspension period, the City Manager was directed to analyze the consequences of the suspension of the Section 404 Permit and its impact on other permits for the project, the City’s contractual obligations in regard to the project, and to identify other potential water supply alternatives that could satisfy Newport News Waterworks’ and the region’s long-term water supply requirements. This resolution directed that a report on the findings and recommendations be provided back to the City Council for consideration, by the end of the 120-dat suspension period.
Motion to adoption of the resolution 10. Resolution related to the Suspension of the King William Reservoir Project Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution 10. Resolution related to the Suspension of the King William Reservoir Project (Approved)
Mr. L. T. Vaughan thanked Council & CM for making an effort to reduce spending. Commented on the KWR project and inquired whether anyone was looking for an alternative site or seeking other options. Raising the water rate was another tax in his opinion,
Ms. Pat Coile, 29 Shirley Road, NN, requested that Mayor remove himself from the voting on the KWR project. Conflict of interest. Land Trust Company (law ofc of David Kamp & Frank) represents them.
Mr. William Pelkey, commented on the suspension of the KWR permit. Noted property transfers from the Richmond Times Dispatch.
Mr. Kelly Place, addressed the land transfer described by Mr. Pelkey. Perceived conflict of interest by Mayor Frank. Commented on Resolution language.
Dr. Angela Herring commented on the suspension of the KWR permit. Thanked Council for voting against the water rate increase.
11. Appropriations
A. Engineering - Stoney Run Recreation Center - Phase I - $1 million
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 AUTHORIZED AND ISSUED – PUBLIC BUILDINGS ($1,000,000.00) TO STONEY RUN RECREATION CENTER – PHASE I ($1,000,000.00). This resolution appropriated $1,000,000.00 from the FY 2009 Public Buildings Category Bond Authorization for Phase I of the Stoney Run Recreation Center. The project would construct Phase I of the Stoney Run Recreation Center, to include demolition of remaining structures, installation of infrastructure, intersection improvements, utility relocation and site work. The intersection improvements, which occur at Curtis Tignor Road and Warwick Boulevard, would include a northbound right-turn lane on Warwick Boulevard at the recreation center entrance. Phase I of the project also enabled the completion of most utility relocations and certain other infrastructure improvements, which would expedite the construction of the facility. Construction was expected to begin by August 2009. The appropriation included a 5% contingency request. The City’s FY 2009 Bond Authorization that allowed for capital project appropriations from the approved CIP was $30 million. Of this amount, $4,000,000 was designated for public buildings. Approval of this resolution would leave a balance of $27,125,207 available for appropriation from the Bond Authorization and $3,000,000 in this category.
Motion to adoption of appropriation A. Engineering - Stoney Run Recreation Center - Phase I - $1 million Moved by Scott, seconded by Woodbury.
Vote to adoption of appropriation A. Engineering - Stoney Run Recreation Center - Phase I - $1 million (Approved)
B. Engineering - Design for Roanoke Avenue Sanitary Sewer Rehabilitation Phase 3A and 3B Project - $100,000
A RESOLUTION APPROPRIATING FUNDS FROM 2008 VIRGINIA REVOLVING LOAN FUND ($100,000.00) TO ROANOKE AVENUE SANITARY SEWER REHABILITATION PHASE 3A & 3B.
12. Citizen Comments on Matters Germane to the Business of City Council
Priscilla Burnett, 106 Tillerson Drive, NN, commented on the City Farm and proposed development of the land. Feels it is a smoke-screen. The City fabricates reports. They only want the land. Time for Council to read and understand the reports. Can’t start cutting 2 months before the vote on the budget. Remove the bankers and lawyers from office.
Mr. A. C. Pulliam, commented on KWR. Commented on the City Farm land.
Mr. William Pelkey, commented on editorial by Mary Sherwood Holt in the May 10, 2009 edition of the Daily Press. Addressed 4 women of Council, recognizing they had the best interest of the City at heart, and expressed his support for them.
Mr. Kelly Place commented on the $16 million appropriation made by Council in November. Addressed alternatives to the water studies.
*13. New Business and Councilmember Comments
Councilwoman Woodbury thanked citizens for their attendance and participation.
Councilwoman Woodbury congratulated Councilwoman Vick for her award from OHA.
Councilwoman Woodbury congratulated Councilwoman McMillan for 2 awards.
Councilman Bateman commented on his vote regarding the KWR project.
Councilwoman McMillan reminded of May 14 2009 Job Fair at the Boys & Girls Club, 9 - 12 noon.
Councilwoman McMillan advised of the Denbigh Kiwanis sponsored Den-B-Que.
Councilwoman Scott commented on her vote on the resolution to suspend the KWR project.
Councilwoman Scott advised there would be no Town Hall Meeting in May. The next would be June 22.
Councilwoman Vick thanked colleagues for their attendance at the OHA Banquet.
South District Town Hall Meeting, June 4, 6 - 8:30 at the Downing Gross CAC.
Adjourn
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