Video index
Presentations
1. Proclamation: Inflammatory Skin Disease Awareness Month - December 2009
A. Call to Order
Roll call (6 Present, 0 Absent, 1 Excused)
B. Invocation - Pastor Joe S. Evans, Genesis Christian Fellowship Church
The invocation was rendered by Pastor Joe S. Evans, Genesis Christian Fellowship Church.
C. Pledge of Allegiance to the Flag of the United States of America
The Pledge of Allegiance to the Flag of the United States of America was led by Councilwoman Sharon Scott.
Motion to excuse (specific Council member) from the meeting Councilwoman McMillan. Moved by Scott, seconded by Woodbury.
D. Public Hearings
1. Change of Zoning - CZ-09-278, Jeff Bland Associates, LLC, from Cl Retail Commercial with Proffers to R9 Mixed Use with Proffers.
AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, “ZONING DISTRICT MAP” (CONSISTING OF REAL ESTATE ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF TH SAID ORDINANCE NO. 5028-97. This ordinance changed the zoning of properties totaling 13.73 acres located at 400 Chatham Drive and 12515 Jefferson Avenue (former Noland Building) from C1 Retail Commercial with proffers to R9 Mixed Use with proffers to construct a retail center and a 250-unit apartment complex. City Council approved a change of zoning of the property fromM1 Light Industrial to C1 Retail Commercial with proffers on August 12, 2008. The rezoning permitted the development of a retail center that was to include a pharmacy, a bank with drive-through service, restaurant, and other retail uses. The Department of Planning recommended denial of the request. The Planning Commission voted 4:3 with one abstention, to recommend to City Council, approval of the change of zoning with proffers. The applicant submitted a request for deferral until the Regular Meeting of Council on January 12, 2010. The applicant commissioned a traffic impact study to evaluate the traffic impact associated with the proposed use, which was not available for the November 24, 2009 Regular Meeting of City Council The deferral provided the time necessary to prepare the study and have it evaluated by the Department of Engineering. The Acting City Manager recommended deferral to the Regular Meeting of City Council of January 12, 2010 to allow the time necessary to evaluate the traffic impact study.
Motion to defer the item to (a specific date) January 12, 2010. Moved by Scott, seconded by Vick.
Vote to defer the item to (a specific date) January 12, 2010. (Approved)
2. Change of Zoning - CZ-09-281, Correctional Services Corporation, from 02 Office Park to R5 Low Density Multiple-Family Dwelling with Proffers
AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, “ZONING DISTRICT MAP” (CONSISTING OF REAL ESTATE ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF TH SAID ORDINANCE NO. 5028-97. This ordinance changed the zoning of 26.57 acres located at 5100 Marshall Avenue, former site of the Newport News General Hospital, from O2 Office Park to R5Low Density Multiple Family Dwelling with Proffers to construction a 264-unit apartment complex and single family development. The development was consistent with the amendment to the Framework for the Future 2030 comprehensive plan, “Marshall Avenue Land Use Study,” adopted September 8, 2009. A portion of the property, 1.04 acres, would be reserved for the development of single-family dwellings, to be constructed by the Newport News Redevelopment and Housing Authority (NNRHA) in conjunction with an adjacent 3.9 acre property owned by the City. The proffers required on-site management and installation of surveillance cameras within the apartment community. Additional security would be provided via a gated entrance, which would be constructed and dedicated to the City by the applicant. The Planning Commission voted 5:3 to recommend to City Council approval of the change of zoning with proffers. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by Scott, seconded by Vick.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by Vick, seconded by Scott.
Vote to adoption of the ordinance (Approved)
Mr. R. J. Nutter, 222 Central Ave., Virginia Beach, VA, Attorney for the Applicant, was available for questions and spoke in support of the Zoning application.
E. Consent Agenda
1. Minutes of the Work Session of November 10, 2009
2. Minutes of the Special Meeting of November 10, 2009
3. Minutes of the Regular Meeting of November 10, 2009
4. Resolution Authorizing A Declaration of a Local State of Emergency - November Nor'easter
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY MADE NECESSARY BY THE NOR-EASTER, WHICH WAS DECLARED BY THE NEWPORT NEWS DIRECTOR OF EMERGENCY MANAGEMENT ON NOVEMBER 12 2009 AT 9:35 A.M. This resolution authorized a Declaration of a Local State of Emergency, commencing on November 12, 2009, at 9:35 a.m. On November 11, 2009, Governor Tim Kaine declared a State of Emergency for the Commonwealth of Virginia in preparation for the potential effects from the remnants of Tropical Storm Ida and a coastal storm, which converged off of the Virginia coast. In accordance with the Code of Virginia, and as Director of Emergency Management for the City of Newport News, Acting City Manager declared a Local State of Emergency. The Declaration allowed the City the latitude to suspend certain normal functions of government in order to implement emergency preparedness plans. In accordance with the State Code, the Declaration must be confirmed by the governing body at a meeting within 14 days of the emergency declaration. The Acting City Manager recommended approval.
5. Resolution Authorizing the End of the Declaration of a Local State of Emergency - November Nor'easter
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, DECLARING THE TERMINATION OF A LOCAL EMERGENCY THAT WAS DECLARED BY THE NEWPORT NEWS DIRECTOR OF EMERGENCY MANAGEMENT ON NOVEMBER 12, 2009 AT 9:35 A.M. This resolution authorized the end of the Declaration of a Local State of Emergency, which ended on November 13, 2009, at 2:45 p.m. On November 12, 2009, at 9:35 a.m., the Acting City Manager declared a Local State of Emergency. Following confirmation by City Council, the Declaration remained in effect until the emergency was declared terminated by City Council. The Code of Virginia required, once all emergency actions were complete and were no longer necessary for the health and safety of the city and its citizens, that City Council terminate the resolution. The Acting City Manager recommended approval.
6. Resolution Authorizing the FY 2010 Virginia Department of Health Annual Services Agreement
A RESOLUTION AUTHORITINA AND DIERCTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN STATEMENT OF AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HEALTH. This resolution authorized the Acting City Manager to execute an Agreement between the Virginia Department of Health and the City for the operation of the Peninsula Health Center. This was an annual renewal of the City’s Agreement with the State’s Health Department for the provision of public health services. The FY 2010 local share for the City of Newport News was $2,047,539, which was included in the FY 2010 General Fund Operating Budget. The Acting City Manager recommended approval.
Motion to adoption of consent agenda E. Consent Agenda Moved by Scott, seconded by Vick.
Vote to adoption of consent agenda E. Consent Agenda (Approved)
F. Other City Council Actions
1. Resolution Authorizing the Adoption of the 2010 State Legislative Package
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING AND ADOPTING THE CITY OF NEWPORT NEWS’ LEGISLATIVE PROGRAM FOR THE 2010 VIRGINIA GENERAL ASSEMBLY. This resolution approved the adoption of the 2010 State Legislative package. The City of Newport News prepares a State Legislative package annually to present to the General Assembly. City Council was presented the City’s State Legislative Priorities Package to the 2010 General Assembly at its November 10, 2009 Work Session. At this meeting, City Council requested revisions to the document to address defective drywall issues and a Circuit Court Clerk budget amendment request. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Scott, seconded by Bateman.
Vote to adoption of the resolution (Approved)
2. Resolution Authorizing the Series 2008 VRA Bonds Prepayment
A RESOLUTION AUTHORIZING AND DIRECTING PREPAYMENT OF $20,000,000 PRINCIPAL AMOUNT OF CITY OF NEWPORT NEWS, VIRGINIA, WATER REVENUE BONDS, SERIES 2008, DATED AUGUST 1, 2008. This resolution authorized and directed prepayment of the Series 2008 Virginia Resources Authority (VRA) Bonds in the amount of $20,566,000. On October 13, 2009, City Council adopted Resolution No. 11917-09 terminating the King William Reservoir Project. In that resolution, City Council terminated all work on the project and directed the Acting City Manager to close out the project. This action authorized prepayment of VRA Bonds, as recommended in the Implementation Assessment presented to City Council by Waterworks on September 9, 2009. Bond proceeds were used to finance the land acquisition of the reservoir pool. The next specified time that the bonds may be prepaid was February 2010. The resolution authorizing and directing prepayment of the $20 million was prepared by the City’s bond counsel and reviewed by the City Attorney. The Acting City Manager recommended approval.
Motion to adoption of the resolution as amended Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution as amended (Approved)
3. Resolution Authorizing the Temporary, Nonexclusive, Revocable License Agreement (TNRLA) with Level 3 Communications of Virginia, Inc.
A RESOLUTION GRANTING PERMISSION TO USE THE CITY’S RIGHTS-OF-WAY FOR TELECOMMUNICATIONS PURPOSES, AND AUTHORIZING AND DIERCTING THE ACTING CITY MANANGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN TEMPORARY, NONEXCLUSIVE, REVOCABLE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND LEVEL 3 COMMUNICATIONS OF VIRGINIA, INC., DATED THE 1ST DAY OF DECEMBER, 2009. This resolution granted permission to use the City’s rights-of-way for telecommunications purposes, and authorized and directed the Acting City Manager to execute the Temporary, Nonexclusive, Revocable License Agreement (TNRLA) by and between the City of Newport News, Virginia, and Level 3 Communications of Virginia, Inc., dated the 1st day of December, 2009. On November 30, 2009, two existing TNRLAs would expire. Both were approved by City Council in late 2004. Level 3 Communications of Virginia, Inc. (Level 3) owns the assets associated with both previous TNRLAs. Rather than renew two separate TNRLAs, a new TNRLA was created which incorporated the existing telecommunications systems and facilities from both. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution (Approved)
4. Resolution Authorizing the Approval of a City Sublease of Fountain Plaza Two Retail Space to the Economic Development Authority (EDA) of the City of Newport News, Virginia.
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 SUBLEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGNIA, (TENANT) AND THE ECONOMIC DEELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA (SUBTENANT). This resolution authorized the Acting City Manager to execute any and all documents to sublease to the EDA, all ground-level retail space in Fountain Plaza Two and direct the EDA to manage the retail space for the City and remit to the City’s General Fund, all revenues collected through July 1, 2027. This action facilitated City Council’s prior direction to the EDA to manage the day-to-day operations of 6,458 square feet of retail space in Fountain Plaza Two to maximize the sublease revenue potential and partially reimburse the City’s total building occupancy expense as all sublease revenues would be delivered by the EDA to the City’s General Fund. 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)
Mr. John Procyson, 305 Normandy Lane, Newport News, urged City Council to dissapprove the resolution.
G. Appropriations
1. Circuit Court Clerk - State Compensation Board: Technology Trust Fund - $232,555
A RESOLUTION APPROPRIATING FUNDS FROM STATE COMPENSATION BOARD – TECHNOLOGY TRUST FUND ($32,555.00) AND FY 2010 TECHNOLOGY TRUST FUND – STATE COMPENSATION BOARD ($200,000.00) TO TECHNOLOGY TRUST FUND ($32,555.00) AND PAYMENT TO THE GENERAL FUND – TECHNOLOGY TRUST FUND ($200,000.00).FY 2009 BONDS AUTHORIZED AND ISSUED ($525,000.00) AND FY 2010 BONDS AUTHORIZED AND UNISSUED ($1,000,000.00) TO SOUTHEAST COMMUNITY REDEVELOPMENT – 2009 ($525,000.00) AND SOUTHEAST COMMUNITY REDEVELOPMENT – 2010 ($1,000,000.00). This resolution appropriated $232,555.00 for the purchase of technology-related equipment and ongoing contract services, provided additional revenue to the FY 2010 Operating Budget, and provided grant funding to be allocated for future use by the Circuit Court Clerk. The Circuit Court Clerk proposed to implement automation initiatives with this purchase to modernize land records, provide secure remote access to records, and improve public access and the preservation of records. Funding provided through this appropriation would be used as FY 2010 Revenue and a portion of the funding would be placed into a grant fund to be allocated for future use. The Stat Compensation Board would provide funding for the equipment purchases, as well as funding to offset the Circuit Court Clerk’s operating expenses through its Technology Trust Fund. The Acting City Manager recommended approval.
2. Southeast Redevelopment Project: Dr. Martin Luther King, Jr. Plaza - 2008 CIP/FY 2009 Bond Authorization - $1,200,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED ($1,200,000.00) TO MLK PLAZA ($1,200,000.00). This resolution appropriated $1,200,000.00 for the Southeast Community Redevelopment Project: Dr. Martin Luther King, Jr. Plaza construction. On November 10, 2009, City Council was updated on the continuing redevelopment efforts and planning for the Southeast Community, specifically along the Jefferson Avenue corridor from 24th through 36th Streets. These ongoing and future planned activities were concentrated along the highly visible Jefferson Avenue corridor, and exemplified the most efficient use of the City’s redevelopment dollars while providing the most tangible results in the shortest possible time. The Department of Engineering would use the previously authorized $1.2 million to complete design and construction of the Dr. Martin Luther King, Jr. Plaza project. It was projected that active construction could commence in the Summer of 2010. The Acting City Manager recommended approval.
3. Southeast Redevelopment Project: Jefferson Avenue Corridor - FY 2009 and FY 2010 Bond Authorization - $1,525,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED ($525,000.00) AND FY 2010 BONDS AUTHORIZED AND UNISSUED ($1,000,000.00) TO SOUTHEAST COMMUNITY REDEVELOPMENT – 2009 ($525,000.00) AND SOUTHEAST COMMUNITY REDEVELOPMENT – 2010 ($1,000,000.00). This resolution appropriated $1,525,000.00 for the Southeast Redevelopment Project: Jefferson Avenue Corridor. On November 10,2 009, City Council was updated on the continuing redevelopment efforts and planning for the Southeast Community, specifically along the Jefferson Avenue corridor from 24th through 36th Streets. The appropriation of $1,525,000.00 would be used for other project work along the Jefferson Avenue corridor to include: $750,000.00 – Property Acquisition; $400,000.00 – Streetscape and Utility Design; $250,000.00 – Demolition; and $125,000.00 – Environmental Remediation. The appropriated funds came from the FY 2009 and FY 2010 Bond Authorization as programmed in the Council-approved CIP. The Acting City Manager recommended approval.
4. Public Utilities (Waterworks): Prepayment of VRA Series 2008 Bonds - FY 2010 Operating Budget - $20,566,000
A RESOLUTION APPROPRIATING FUNDS FROM VIRGINIA RESOURCES AUTHORITY SERIES 2008 BOND PROCEEDS ($15,209,327.00) AND UNRESTRICTED RETAINED EARNINGS – CASH FROM THE REVENUE FUND CREATED BY THE MASTER WATER REVENUE BOND RESOLUTION ($4,790,673.00) TO VIRGINIA RESOURCES AUTHORITY SERIES 2008 $20 MILLION BONDS PREPAYMENT ($20,000,000.00). This resolution appropriated $1,525,000.00 for the Southeast Redevelopment Project: Jefferson Avenue Corridor. On November 10,2 009, City Council was updated on the continuing redevelopment efforts and planning for the Southeast Community, specifically along the Jefferson Avenue corridor from 24th through 36th Streets. The appropriation of $1,525,000.00 would be used for other project work along the Jefferson Avenue corridor to include: $750,000.00 – Property Acquisition; $400,000.00 – Streetscape and Utility Design; $250,000.00 – Demolition; and $125,000.00 – Environmental Remediation. The appropriated funds came from the FY 2009 and FY 2010 Bond Authorization as programmed in the Council-approved CIP. The Acting City Manager recommended approval.
Motion to adoption of appropriation Moved by Whitaker, seconded by Woodbury.
Vote to adoption of appropriation (Approved)
H. Citizen Comments on Matters Germane to the Business of City Council
Ms. Brenda Ferguson, commented on the buildings to be constructed on Marshall Avenue. Please advise the community, the churches, the residents, etc.
Mr. Dan Curran. Forward Newport News,
Mr. John Procyson, commented on spending, particularly $ going to the Marriott Hotel. Time for the Marriott to pay its own bills and phase this appropriation out. Freeze travel and meeting expenses. RE Tax Relief for elderly/disabled. Don’t require staff to attend work sessions and regular meetings of City Council. Re sales tax, State sends sales taxes back in a lump sum. Don’t know how much is paid by each City business.
*I. New Business and Councilmember Comments
1. City Manager
2. City Attorney
3. City Clerk
4. McMillan - Absent
5. Scott
6. Vick
7. Whitaker
8. Woodbury
9. Bateman
10. Frank
Motion to other - To allow December 24, and December 31, 2009 as holidays, along with Christmas Day and New Year's Day. Moved by Frank, seconded by Bateman.
Vote to other - To allow December 24, and December 31, 2009 as holidays, along with Christmas Day and New Year's Day. (Approved)
Adjourn
Nov 24, 2009 Regular City Council Meeting
Full agenda
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Presentations
1. Proclamation: Inflammatory Skin Disease Awareness Month - December 2009
A. Call to Order
Roll call (6 Present, 0 Absent, 1 Excused)
B. Invocation - Pastor Joe S. Evans, Genesis Christian Fellowship Church
The invocation was rendered by Pastor Joe S. Evans, Genesis Christian Fellowship Church.
C. Pledge of Allegiance to the Flag of the United States of America
The Pledge of Allegiance to the Flag of the United States of America was led by Councilwoman Sharon Scott.
Motion to excuse (specific Council member) from the meeting Councilwoman McMillan. Moved by Scott, seconded by Woodbury.
D. Public Hearings
1. Change of Zoning - CZ-09-278, Jeff Bland Associates, LLC, from Cl Retail Commercial with Proffers to R9 Mixed Use with Proffers.
AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, “ZONING DISTRICT MAP” (CONSISTING OF REAL ESTATE ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF TH SAID ORDINANCE NO. 5028-97. This ordinance changed the zoning of properties totaling 13.73 acres located at 400 Chatham Drive and 12515 Jefferson Avenue (former Noland Building) from C1 Retail Commercial with proffers to R9 Mixed Use with proffers to construct a retail center and a 250-unit apartment complex. City Council approved a change of zoning of the property fromM1 Light Industrial to C1 Retail Commercial with proffers on August 12, 2008. The rezoning permitted the development of a retail center that was to include a pharmacy, a bank with drive-through service, restaurant, and other retail uses. The Department of Planning recommended denial of the request. The Planning Commission voted 4:3 with one abstention, to recommend to City Council, approval of the change of zoning with proffers. The applicant submitted a request for deferral until the Regular Meeting of Council on January 12, 2010. The applicant commissioned a traffic impact study to evaluate the traffic impact associated with the proposed use, which was not available for the November 24, 2009 Regular Meeting of City Council The deferral provided the time necessary to prepare the study and have it evaluated by the Department of Engineering. The Acting City Manager recommended deferral to the Regular Meeting of City Council of January 12, 2010 to allow the time necessary to evaluate the traffic impact study.
Motion to defer the item to (a specific date) January 12, 2010. Moved by Scott, seconded by Vick.
Vote to defer the item to (a specific date) January 12, 2010. (Approved)
2. Change of Zoning - CZ-09-281, Correctional Services Corporation, from 02 Office Park to R5 Low Density Multiple-Family Dwelling with Proffers
AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, “ZONING DISTRICT MAP” (CONSISTING OF REAL ESTATE ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF TH SAID ORDINANCE NO. 5028-97. This ordinance changed the zoning of 26.57 acres located at 5100 Marshall Avenue, former site of the Newport News General Hospital, from O2 Office Park to R5Low Density Multiple Family Dwelling with Proffers to construction a 264-unit apartment complex and single family development. The development was consistent with the amendment to the Framework for the Future 2030 comprehensive plan, “Marshall Avenue Land Use Study,” adopted September 8, 2009. A portion of the property, 1.04 acres, would be reserved for the development of single-family dwellings, to be constructed by the Newport News Redevelopment and Housing Authority (NNRHA) in conjunction with an adjacent 3.9 acre property owned by the City. The proffers required on-site management and installation of surveillance cameras within the apartment community. Additional security would be provided via a gated entrance, which would be constructed and dedicated to the City by the applicant. The Planning Commission voted 5:3 to recommend to City Council approval of the change of zoning with proffers. The Acting City Manager recommended approval.
Motion to closure of the public hearing Moved by Scott, seconded by Vick.
Vote to closure of the public hearing (Approved)
Motion to adoption of the ordinance Moved by Vick, seconded by Scott.
Vote to adoption of the ordinance (Approved)
Mr. R. J. Nutter, 222 Central Ave., Virginia Beach, VA, Attorney for the Applicant, was available for questions and spoke in support of the Zoning application.
E. Consent Agenda
1. Minutes of the Work Session of November 10, 2009
2. Minutes of the Special Meeting of November 10, 2009
3. Minutes of the Regular Meeting of November 10, 2009
4. Resolution Authorizing A Declaration of a Local State of Emergency - November Nor'easter
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, CONFIRMING THE DECLARATION OF A LOCAL EMERGENCY MADE NECESSARY BY THE NOR-EASTER, WHICH WAS DECLARED BY THE NEWPORT NEWS DIRECTOR OF EMERGENCY MANAGEMENT ON NOVEMBER 12 2009 AT 9:35 A.M. This resolution authorized a Declaration of a Local State of Emergency, commencing on November 12, 2009, at 9:35 a.m. On November 11, 2009, Governor Tim Kaine declared a State of Emergency for the Commonwealth of Virginia in preparation for the potential effects from the remnants of Tropical Storm Ida and a coastal storm, which converged off of the Virginia coast. In accordance with the Code of Virginia, and as Director of Emergency Management for the City of Newport News, Acting City Manager declared a Local State of Emergency. The Declaration allowed the City the latitude to suspend certain normal functions of government in order to implement emergency preparedness plans. In accordance with the State Code, the Declaration must be confirmed by the governing body at a meeting within 14 days of the emergency declaration. The Acting City Manager recommended approval.
5. Resolution Authorizing the End of the Declaration of a Local State of Emergency - November Nor'easter
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, DECLARING THE TERMINATION OF A LOCAL EMERGENCY THAT WAS DECLARED BY THE NEWPORT NEWS DIRECTOR OF EMERGENCY MANAGEMENT ON NOVEMBER 12, 2009 AT 9:35 A.M. This resolution authorized the end of the Declaration of a Local State of Emergency, which ended on November 13, 2009, at 2:45 p.m. On November 12, 2009, at 9:35 a.m., the Acting City Manager declared a Local State of Emergency. Following confirmation by City Council, the Declaration remained in effect until the emergency was declared terminated by City Council. The Code of Virginia required, once all emergency actions were complete and were no longer necessary for the health and safety of the city and its citizens, that City Council terminate the resolution. The Acting City Manager recommended approval.
6. Resolution Authorizing the FY 2010 Virginia Department of Health Annual Services Agreement
A RESOLUTION AUTHORITINA AND DIERCTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN STATEMENT OF AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HEALTH. This resolution authorized the Acting City Manager to execute an Agreement between the Virginia Department of Health and the City for the operation of the Peninsula Health Center. This was an annual renewal of the City’s Agreement with the State’s Health Department for the provision of public health services. The FY 2010 local share for the City of Newport News was $2,047,539, which was included in the FY 2010 General Fund Operating Budget. The Acting City Manager recommended approval.
Motion to adoption of consent agenda E. Consent Agenda Moved by Scott, seconded by Vick.
Vote to adoption of consent agenda E. Consent Agenda (Approved)
F. Other City Council Actions
1. Resolution Authorizing the Adoption of the 2010 State Legislative Package
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING AND ADOPTING THE CITY OF NEWPORT NEWS’ LEGISLATIVE PROGRAM FOR THE 2010 VIRGINIA GENERAL ASSEMBLY. This resolution approved the adoption of the 2010 State Legislative package. The City of Newport News prepares a State Legislative package annually to present to the General Assembly. City Council was presented the City’s State Legislative Priorities Package to the 2010 General Assembly at its November 10, 2009 Work Session. At this meeting, City Council requested revisions to the document to address defective drywall issues and a Circuit Court Clerk budget amendment request. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Scott, seconded by Bateman.
Vote to adoption of the resolution (Approved)
2. Resolution Authorizing the Series 2008 VRA Bonds Prepayment
A RESOLUTION AUTHORIZING AND DIRECTING PREPAYMENT OF $20,000,000 PRINCIPAL AMOUNT OF CITY OF NEWPORT NEWS, VIRGINIA, WATER REVENUE BONDS, SERIES 2008, DATED AUGUST 1, 2008. This resolution authorized and directed prepayment of the Series 2008 Virginia Resources Authority (VRA) Bonds in the amount of $20,566,000. On October 13, 2009, City Council adopted Resolution No. 11917-09 terminating the King William Reservoir Project. In that resolution, City Council terminated all work on the project and directed the Acting City Manager to close out the project. This action authorized prepayment of VRA Bonds, as recommended in the Implementation Assessment presented to City Council by Waterworks on September 9, 2009. Bond proceeds were used to finance the land acquisition of the reservoir pool. The next specified time that the bonds may be prepaid was February 2010. The resolution authorizing and directing prepayment of the $20 million was prepared by the City’s bond counsel and reviewed by the City Attorney. The Acting City Manager recommended approval.
Motion to adoption of the resolution as amended Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution as amended (Approved)
3. Resolution Authorizing the Temporary, Nonexclusive, Revocable License Agreement (TNRLA) with Level 3 Communications of Virginia, Inc.
A RESOLUTION GRANTING PERMISSION TO USE THE CITY’S RIGHTS-OF-WAY FOR TELECOMMUNICATIONS PURPOSES, AND AUTHORIZING AND DIERCTING THE ACTING CITY MANANGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN TEMPORARY, NONEXCLUSIVE, REVOCABLE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND LEVEL 3 COMMUNICATIONS OF VIRGINIA, INC., DATED THE 1ST DAY OF DECEMBER, 2009. This resolution granted permission to use the City’s rights-of-way for telecommunications purposes, and authorized and directed the Acting City Manager to execute the Temporary, Nonexclusive, Revocable License Agreement (TNRLA) by and between the City of Newport News, Virginia, and Level 3 Communications of Virginia, Inc., dated the 1st day of December, 2009. On November 30, 2009, two existing TNRLAs would expire. Both were approved by City Council in late 2004. Level 3 Communications of Virginia, Inc. (Level 3) owns the assets associated with both previous TNRLAs. Rather than renew two separate TNRLAs, a new TNRLA was created which incorporated the existing telecommunications systems and facilities from both. The Acting City Manager recommended approval.
Motion to adoption of the resolution Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution (Approved)
4. Resolution Authorizing the Approval of a City Sublease of Fountain Plaza Two Retail Space to the Economic Development Authority (EDA) of the City of Newport News, Virginia.
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 SUBLEASE BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGNIA, (TENANT) AND THE ECONOMIC DEELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA (SUBTENANT). This resolution authorized the Acting City Manager to execute any and all documents to sublease to the EDA, all ground-level retail space in Fountain Plaza Two and direct the EDA to manage the retail space for the City and remit to the City’s General Fund, all revenues collected through July 1, 2027. This action facilitated City Council’s prior direction to the EDA to manage the day-to-day operations of 6,458 square feet of retail space in Fountain Plaza Two to maximize the sublease revenue potential and partially reimburse the City’s total building occupancy expense as all sublease revenues would be delivered by the EDA to the City’s General Fund. 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)
Mr. John Procyson, 305 Normandy Lane, Newport News, urged City Council to dissapprove the resolution.
G. Appropriations
1. Circuit Court Clerk - State Compensation Board: Technology Trust Fund - $232,555
A RESOLUTION APPROPRIATING FUNDS FROM STATE COMPENSATION BOARD – TECHNOLOGY TRUST FUND ($32,555.00) AND FY 2010 TECHNOLOGY TRUST FUND – STATE COMPENSATION BOARD ($200,000.00) TO TECHNOLOGY TRUST FUND ($32,555.00) AND PAYMENT TO THE GENERAL FUND – TECHNOLOGY TRUST FUND ($200,000.00).FY 2009 BONDS AUTHORIZED AND ISSUED ($525,000.00) AND FY 2010 BONDS AUTHORIZED AND UNISSUED ($1,000,000.00) TO SOUTHEAST COMMUNITY REDEVELOPMENT – 2009 ($525,000.00) AND SOUTHEAST COMMUNITY REDEVELOPMENT – 2010 ($1,000,000.00). This resolution appropriated $232,555.00 for the purchase of technology-related equipment and ongoing contract services, provided additional revenue to the FY 2010 Operating Budget, and provided grant funding to be allocated for future use by the Circuit Court Clerk. The Circuit Court Clerk proposed to implement automation initiatives with this purchase to modernize land records, provide secure remote access to records, and improve public access and the preservation of records. Funding provided through this appropriation would be used as FY 2010 Revenue and a portion of the funding would be placed into a grant fund to be allocated for future use. The Stat Compensation Board would provide funding for the equipment purchases, as well as funding to offset the Circuit Court Clerk’s operating expenses through its Technology Trust Fund. The Acting City Manager recommended approval.
2. Southeast Redevelopment Project: Dr. Martin Luther King, Jr. Plaza - 2008 CIP/FY 2009 Bond Authorization - $1,200,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED ($1,200,000.00) TO MLK PLAZA ($1,200,000.00). This resolution appropriated $1,200,000.00 for the Southeast Community Redevelopment Project: Dr. Martin Luther King, Jr. Plaza construction. On November 10, 2009, City Council was updated on the continuing redevelopment efforts and planning for the Southeast Community, specifically along the Jefferson Avenue corridor from 24th through 36th Streets. These ongoing and future planned activities were concentrated along the highly visible Jefferson Avenue corridor, and exemplified the most efficient use of the City’s redevelopment dollars while providing the most tangible results in the shortest possible time. The Department of Engineering would use the previously authorized $1.2 million to complete design and construction of the Dr. Martin Luther King, Jr. Plaza project. It was projected that active construction could commence in the Summer of 2010. The Acting City Manager recommended approval.
3. Southeast Redevelopment Project: Jefferson Avenue Corridor - FY 2009 and FY 2010 Bond Authorization - $1,525,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED ($525,000.00) AND FY 2010 BONDS AUTHORIZED AND UNISSUED ($1,000,000.00) TO SOUTHEAST COMMUNITY REDEVELOPMENT – 2009 ($525,000.00) AND SOUTHEAST COMMUNITY REDEVELOPMENT – 2010 ($1,000,000.00). This resolution appropriated $1,525,000.00 for the Southeast Redevelopment Project: Jefferson Avenue Corridor. On November 10,2 009, City Council was updated on the continuing redevelopment efforts and planning for the Southeast Community, specifically along the Jefferson Avenue corridor from 24th through 36th Streets. The appropriation of $1,525,000.00 would be used for other project work along the Jefferson Avenue corridor to include: $750,000.00 – Property Acquisition; $400,000.00 – Streetscape and Utility Design; $250,000.00 – Demolition; and $125,000.00 – Environmental Remediation. The appropriated funds came from the FY 2009 and FY 2010 Bond Authorization as programmed in the Council-approved CIP. The Acting City Manager recommended approval.
4. Public Utilities (Waterworks): Prepayment of VRA Series 2008 Bonds - FY 2010 Operating Budget - $20,566,000
A RESOLUTION APPROPRIATING FUNDS FROM VIRGINIA RESOURCES AUTHORITY SERIES 2008 BOND PROCEEDS ($15,209,327.00) AND UNRESTRICTED RETAINED EARNINGS – CASH FROM THE REVENUE FUND CREATED BY THE MASTER WATER REVENUE BOND RESOLUTION ($4,790,673.00) TO VIRGINIA RESOURCES AUTHORITY SERIES 2008 $20 MILLION BONDS PREPAYMENT ($20,000,000.00). This resolution appropriated $1,525,000.00 for the Southeast Redevelopment Project: Jefferson Avenue Corridor. On November 10,2 009, City Council was updated on the continuing redevelopment efforts and planning for the Southeast Community, specifically along the Jefferson Avenue corridor from 24th through 36th Streets. The appropriation of $1,525,000.00 would be used for other project work along the Jefferson Avenue corridor to include: $750,000.00 – Property Acquisition; $400,000.00 – Streetscape and Utility Design; $250,000.00 – Demolition; and $125,000.00 – Environmental Remediation. The appropriated funds came from the FY 2009 and FY 2010 Bond Authorization as programmed in the Council-approved CIP. The Acting City Manager recommended approval.
Motion to adoption of appropriation Moved by Whitaker, seconded by Woodbury.
Vote to adoption of appropriation (Approved)
H. Citizen Comments on Matters Germane to the Business of City Council
Ms. Brenda Ferguson, commented on the buildings to be constructed on Marshall Avenue. Please advise the community, the churches, the residents, etc.
Mr. Dan Curran. Forward Newport News,
Mr. John Procyson, commented on spending, particularly $ going to the Marriott Hotel. Time for the Marriott to pay its own bills and phase this appropriation out. Freeze travel and meeting expenses. RE Tax Relief for elderly/disabled. Don’t require staff to attend work sessions and regular meetings of City Council. Re sales tax, State sends sales taxes back in a lump sum. Don’t know how much is paid by each City business.
*I. New Business and Councilmember Comments
1. City Manager
2. City Attorney
3. City Clerk
4. McMillan - Absent
5. Scott
6. Vick
7. Whitaker
8. Woodbury
9. Bateman
10. Frank
Motion to other - To allow December 24, and December 31, 2009 as holidays, along with Christmas Day and New Year's Day. Moved by Frank, seconded by Bateman.
Vote to other - To allow December 24, and December 31, 2009 as holidays, along with Christmas Day and New Year's Day. (Approved)
Adjourn
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