Video index
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
1. Invocation - Rev. Sam McPhail Trinity United Methodist Church
The invocation was rendered by Reverend Sam McPhail, Trinity United Methodist Church.
2. Pledge of Allegiance to the Flag of the United States of America - Girl Scout Council of Colonial Coast Troop #1290 * Acknowledgement: Boy Scouts representing the James River District, Colonial Virginia Council Troops
3. Public Hearings
A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256
AN ORDINANCE GRANTING CONDITIONAL USE PERMIT CU-09-256 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING A COMMUNICATION TOWER/ANTENNA ON A SITE ZONED C5 OYSTER POINT BUSINESS/MANUFACTURING. This ordinance allowed a galvanized monopole communications tower, 154 feet in height, with flush mounted antennas and supporting equipment, on a 3600 square foot lease area, located on a 9.5 acre parcel at 725 Middle Ground Boulevard, and zoned C5 Oyster Point Business/Manufacturing. The Planning Commission voted 8:1 to recommend to City Council the approval of the conditional use permit, with conditions, and the City Manager concurred with the recommendation.
Mr. Glenn Hampton, 501 Independence Parkway, Chesapeake,
Motion to closure of the public hearing A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256 Moved by Whitaker, seconded by Bateman.
Vote to closure of the public hearing A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256 (Approved)
Motion to adoption of the ordinance A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256 Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256 (Approved)
B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257
AN ORDINANCE GRANTING CONDITIONAL USE PERMIT CU-09-257 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF ALLOWING A SMALL AND LARGE MOTOR VEHICLE REPAIR AND SERVICE FACILITY ON A SITE ZONED C2 GENERAL COMMERCIAL DISTRICT. This ordinance allowed a small and large motor vehicle repair and service facility, on six parcels totaling 1.09 acres, located at 3300, 3308, 3314 Jefferson Avenue; 607, 613 33rd Street; and 620 34th Street, and zoned C2 General Commercial. The Planning Commission voted 8:1 to recommend to City Council the approval of the conditional use permit, with conditions, and the City Manager concurred with the recommendation.
Mr. Raymond Suttle, Jr., available for questions.
Mr. William Pelkey, inquired whether we would do this for any other business in the City. Sending mixed signals.
Motion to closure of the public hearing B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257 Moved by Whitaker, seconded by Vick.
Vote to closure of the public hearing B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257 (Approved)
Motion to adoption of the ordinance B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257 Moved by Whitaker, seconded by Vick.
Vote to adoption of the ordinance B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257 (Approved)
4. Consent Agenda
A. Minutes of the Joint Legislative Breakfast of December 2, 2008
B. Minutes of the Work Session of January 13, 2009
C. Minutes of the Special Meeting of January 13, 2009
D. Minutes of the Regular Meeting of January 13, 2009
E. Donation of Surplus Police Vehicle
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING THE DONATION OF A SURPLUS 2001 FORD CROWN VICTORIA TO THE NEW HORIZONS REGIONAL EDUCATION CENTER ASSOCIATION. This resolution allowed the donation of a surplus police vehicle to the New Horizons Career and Technical Education Center, located at 13400 Woodside Lane, Newport News. The City received a request from the New Horizons Career and Technical Education Center for a donation of a police vehicle. Juniors and seniors from six local high school districts were served by the Center’s Criminal Justice Program. The donated vehicle would be used to enhance instructional learning, which included executing mock warrants, conducting mock raids, interviews and interrogations. The City Manager recommended approval.
F. Resolution of Recognition: Cindy DiMarino
A RESOLUTION OF RECOGNITION FOR CINDY DIMARINO. This Resolution recognizes Cindy DiMarino, Assistant Director of the Boys and Girls Club of the Virginia Peninsula, Peninsula and Autumn Lakes Units. Ms. DiMarino donated countless hours of her time to the Boys and Girls Club and the Kids Café, often picking up and delivering food to help provide for more than 200 children. The generosity and hard work of Ms. Cindy DiMarino touched the lives of numerous children in the City of Newport News, and City Council wished to express its sincere appreciation.
G. Ordinance Approving Number of Meeting Days for the Board of Review of Real Estate Assessments
AN ORDINANCE SETTING THE NUMBER OF DAYS SUFFICIENT FOR COMPLETION OF WORK OF THE BOARD OF REVIEW OF REAL ESTATE ASSESSMENTS FOR THE 2008 YEAR OF SERVICE.This ordinance set the number of days for the completion of work, of the Board of Review of Real Estate Assessments, for the 2008 year of service. The Commissioner of the Revenue’s Office staffed the Board of Review and recommended that 11 days be allotted the Board for completion of its work. The City Manager concurred with this recommendation.
H. Resolution in Memoriam: Betsy P. Ellis
A RESOLUTION IN MEMORIAM FOR BETSY P. ELLIS.This resolution is in memoriam for Betsy P. Ellis, who served her community as a member of the Newport News Mayor’s Committee on Disabilities. She loved to make others smile and brought joy and laughter to others through spending countless hours volunteering in costume and make-up as “Betsy D. Clown,” for hospitals, nursing homes and charities. The impact of Ms. Ellis’ civic and charitable activities resonated within the community and her death created a significant void which Council recognized with sadness.
Motion to adoption of the resolution 4. Consent Agenda Moved by Vick, seconded by Scott.
Vote to adoption of the resolution 4. Consent Agenda (Approved)
5. Resolution Granting Conditional Approval - Eagle Medical Transport, LLC
A RESOLUTION GRANTING CONDITIONAL APPROVAL FOR EAGLE MEDICAL TRANSPORTS, LLC, A PRIVATE EMERGENCY MEDICAL SERVICES AGENCY, TO PROVIDE CERTAIN TRANSPORT SERVICES WITHIN THE CITY OF NEWPORT NEWS. This resolution was granted conditional approval for Eagle Medical Transport, LLC, to provide certain transport services within the City of Newport News. Ease Medical Transport provided services that were regulated, inspected and licensed by the Virginia Office of Emergency Medical Services. The services provided did not conflict with 911 services, but transported patients by private ambulances to doctors’ appointments, hospitals and extended care facilities. The City Manager recommended approval.
Motion to adoption of the resolution 5. Moved by Whitaker, seconded by Scott.
Shawn Sorensen, Owner of the medical transport business, 570 Industrial Park Drive, Medicare regulates fees.
Vote to adoption of the resolution 5. (Approved)
6. Resolution Adopting the City’s Strategic Action Plan
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, ADOPTING THE STRATEGIC ACTION PLAN FOR THE CITY OF NEWPORT NEWS. This resolution adopted the modified Strategic Action Plan for the City of Newport News. City Council adopted its Vision Statement, Vision Principles and Operating Guidelines by resolution on January 9, 2007. At a retreat in September 2007, City Council agreed upon individual and collective ideas about the City’s future and adopted the Strategic Action Plan by resolution on December 11, 2007. During the September 2008 City Council Retreat, the Strategic Action Plan was assessed, and modifications were proposed to revise the Vision Principles, Operating Guidelines and Goal Statements of the Strategic Action Plan. This resolution provided the approval of the amended Strategic Action Plan and endorsed trecommended changes to the Good for Business, Enriching the Arts, A Great Environment and Balanced Transportation System Operating Guidelines; and several Goal Statements.
Motion to adoption of the resolution 6. Resolution Adopting the City’s Strategic Action Plan Moved by Vick, seconded by Vick.
Vote to adoption of the resolution 6. Resolution Adopting the City’s Strategic Action Plan (Approved)
7. Capital Improvement Program (CIP)
A. Resolution Adjusting CIP for Fiscal Year 2009
A RESOLUTION MODIFYING AND AMENDING THE CAPITAL IMPROVEMENTS PLAN FOR THE FISCAL YEAR 2009 TO THE FISCAL YEAR 2013 FOR THE CITY OF NEWPORT NEWS, VIRGINIA. This resolution modified and amended the Capital Improvements Plan for Fiscal Year 2009. City Council was advised in an October 31, 2008 memorandum, of the need to make substantial reductions in capital spending over the next two years. The economic climate and financial market volatility led to the proposed Fiscally Constrained FY 2009 Capital Improvements Plan. The recommended Fiscally Constrained CIP adhered to the financial policies adopted by City Council in January 2007. The City Manager recommended approval.
Motion to adoption of the resolution A. Resolution Adjusting CIP for Fiscal Year 2009 Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution A. Resolution Adjusting CIP for Fiscal Year 2009 (Approved)
Mr. Kelly Place, concern about a lot of the CIP, specifically regarding the long-promised North District Community Center. Has a problem with this. Revenue from NN Waterworks should be coming to the City. Been told that revenues could not be used for CIP projects. Cited from June 2008 Public Hearing quote by City Manager Hildebrandt. Reviewed video from the same meeting - questionned what other money was provided back to the City. $101.5 million appropriated to the KWR thus far. Reservoir predicated on fast growth. Mistake to continue on with the KWR spending this type of money.
B. Resolution Approving CIP for Fiscal Year 2010 - 2014
A RESOLUTION APPROVING A CAPITAL IMPROVEMENTS PLAN FOR THE FISCAL YEAR 2010 TO THE FISCAL YEAR 2014 FOR THE CITY OF NEWPORT NEWS, VIRGINIA. This five-year plan of funding reflects the need to limit capital spending in FY 2010. A restructuring of capital spending in the “out years” of this CIP was accomplished, so that projects postponed from early years could be undertaken later within the five-year period. As discussed at the January 13, 2009 City Council Work Session, construction funding for the Stoney Run Recreation Center was moved up from FY 2011 to 2010. This would ensure that the project would not be delayed significantly due to timing of funding. This recommended FY 2010-FY 2014 CIP also adhered to the City’s debt management policies. The City’s debt burden ratio over the five-year period would drop from 2.8% in FY 2010 to 2.5% by FY 2014. The City Manager recommended approval.
Motion to adoption of the resolution B. Resolution Approving CIP for Fiscal Year 2010 - 2014 Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution B. Resolution Approving CIP for Fiscal Year 2010 - 2014 (Approved)
8. Ordinance Amending the City Code, Chapter 31- Pensions and Retirement, to Comply with the Internal Revenue Service (IRS) Code
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, SETION 31-25, DEFINITIONS; SECTION 31-33, RIGHTS UNDER THIS ARTICLE NOT SUBJECT TO ASSIGNMENT, EXECUTION, GARNISHMENT, ETC.; SECTION 31-54, RETIREMENT ALLOWANCES; AND SECTION 31-64, ELIGIBLE ROLLOVER DISTRIBUTIONS. This ordinance amended the City Code to make technical changes needed to obtain an Internal Revenue Service favorable determination letter. City staff and the Retirement Board recommended seeking a determination letter from the Internal Revenue Service confirming that the City’s Retirement Fund was a qualified defined benefit plan under applicable law. The amendments brought the City Code into compliance with the Internal Revenue Code. The City Manager recommended approval.
Motion to adoption of the ordinance 8. Ordinance Amending the City Code, Chapter 31- Pensions and Retirement, to Comply with the Internal Revenue Service (IRS) Code Moved by Bateman, seconded by Whitaker.
Mr. Mark Dray, Hunton & Williams, explained about best practice of determination letter.
Vote to adoption of the ordinance 8. Ordinance Amending the City Code, Chapter 31- Pensions and Retirement, to Comply with the Internal Revenue Service (IRS) Code (Approved)
9. Economic Development Authority/Hornsby Tire Company Appropriation
A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 BONDS AUTHORIZED AND UNISSUED – COMMUNITY DEVELOPMENT ($200,000.00) AND FY 2008 BONDS AUTHORIZED AND UNISSUED – COMMUNITY DEVELOPMENT ($1,260,000.00) TO HORNSBY TIRE COMPANY RELOCATION ($1,460,000.00). This resolution appropriated $1,460,000 to the Capital Improvement Account for community development, for the Hornsby Tire Company Relocation Project. The Hornsby Tire Company Relocation Project would provide significant benefits for the City. The project would result in the relocation and retention of a longstanding business in the Southeast Community, visually improve the aesthetics and complement recent public and private investment along the Jefferson Avenue Corridor. It would also allow for the incorporation of an additional, strategically located 1.44 acres into the Southeast Commerce Center (SECC) project site, which would increase site, design and economic opportunities for the planned high quality, mixed-use development. The Hornsby Tire Company Relocation Project generated interest from Riverside Health Systems, in locating a critically needed healthcare facility in the SECC, to serve the Southeast Community. Investment by Riverside Health Systems may serve as a catalyst for other private investment in the SECC development project. This project would be funded by bonds authorized and unissued. Of the $1,460,000 requested, $200,000 would come from the City’s FY 2007 Bond Authorization, in which there was a $1,000,000 designated for community development. Approval of this resolution reduced the amount available for appropriation to $600,000. Another $1,260,000 for the project would come from the City’s FY 2008 Bond Authorization which had $4,500,000 designated for community development. This appropriation resulted in an estimated annual increase of $141,620 in General Fund supported debt service. The City Manager recommended approval.
Motion to adoption of the resolution 9. Economic Development Authority/Hornsby Tire Company Appropriation Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution 9. Economic Development Authority/Hornsby Tire Company Appropriation (Approved)
10. Appropriations
A. The Mariners' Museum - SAFTEA-LU High Priority Grant - $223,266
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE UNITED STATES DEPARTMENT OF TRANSPORTATION USS MONITOR CENTER – FY 2009 ($170,000.00) AND STATE REVENUE VIRGINIA DEPARTMENT OF TRANSPORTATION USS MONITOR CENTER – FY 2009 ($53,266.00) TO USS MONITOR CENTER SAFTEA-LU 2009 ALLOCATION ($223,266.00). This resolution appropriated $223,266 of additional funding, from the U. S. Department of Transportation and the Virginia Department of Transportation, to the Mariners’ Museum, for the USS Monitor Center. The Mariners’ Museum had received these additional federal and state grant pass-through funds from a SAFETEA-LU High Priority Fund Allocation. The Museum would use these funds to reimburse expenditures already made in the constructions of the landscaping, lighting, sidewalks, signage and parking lots that support the USS Monitor Center exhibit. As a sponsor, the City’s sole role was limited to the handling of reimbursement transactions from the Virginia Department of Transportation to the Mariners’ Museum. The City Manager recommended approval.
B. Fire Department - VA Department of Emergency Management Grant - $216,314
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE – FECERAL BOMB SQUARD INITIATIVE-09 ($216,314.00) TO MACHINERY AND EQUIPMENT ($216,314.00). This resolution appropriated $216,314.00 from the State’s Homeland Security Program Grant Revenue to the Fire Department. The City of Newport News received an award of federal pass-through grant funds from the Virginia Department of Emergency Management for FY 2009. The funding was restricted in use to support the Hampton Roads Bomb Squad initiative. The grant did not require local match funding. The City Manager recommended approval.
C. Juvenile Services - Juvenile Accountability Block Grant (JABG) - $53,706
A RESOLUTION APPROPRIATING FUNDS FROM LOCAL REVENUE – JUVENILE ACCOUNTABILITY BLOCK GRANT-09 ($5,371.00) AND FEDERAL REVENUE – JUVENILE ACCOUNTABILITY BLOCK GRANT-09 ($48,335.00) TO CONTRACTUAL SERVICES ($53,706.00). This resolution appropriated $53,706.00 for the Juvenile Accountability Block Grant to the Department of Juvenile Services. The City had been rewarded a federal grant from the Juvenile Accountability Block Grant Program in the amount of $48,335.00. Congress created the program to promote greater accountability in the juvenile justice system. The Juvenile Services Department would use the funds to continue the provision of services through its day reporting center for juveniles temporarily excluded from school, and to continue its evening supervision center, which provided structure during high-risk, low-supervision time periods. A local grant match in the amount of $5,371 was required from the FY 2009 General Fund. No additional local funds were required. The City Manager recommended approval.
D. Juvenile Services - BYRNE/JAG Young Offender Regional Reentry Program (YORRP) Grant - $80,000
A RESOLUTION APPROPRIATING FUNDS FROM LOCAL REVENUE – YOUNG OFFENDER REENTRY-09 ($20,000.00) AND FEDERAL REVENUE – YOUNG OFFENDER REENTRY-09 ($60,000.00) TO OTHER PROFESSIONAL SERVICES ($80,000.00). This resolution appropriated $80,000.00 to the Department of Juvenile Services. The City had been awarded a federal grant from the Department of Criminal Justice Services (DCJS) in the amount of $60,000, for the Young Offender Regional Reentry Program. The purpose of the grant was to enhance existing substance abuse and mental health treatment-related services for approximately 20-40 juveniles and their families. This program placed emphasis on managing the transition from imprisonment to assimilation back into the community. A local grant match in the amount of $20,000.00 was required from the FY 2009 General Fund. No additional local funds were required. The City Manager recommended approval.
Motion to adoption of appropriation 10. Appropriations Moved by Vick, seconded by Whitaker.
Vote to adoption of appropriation 10. Appropriations (Approved)
11. Citizen Comments on Matters Germane to the Business of City Council
Mr. James Armstrong, 319 36th Street, NN, asked that Engineering look at house that was leaning over on his. Mr. Armstrong asked that someone other than Codes investigate itself to determine that they acted ethically. Have shown no report regarding the pictures he distributed in September.
Director of Codes stated in was okay for houses to touch as long as there is no eminent danger of someone getting "squished." Questioned ethical actions of Codes, not legality.
City Attorney advised that an administrative Appeal available by going to the State. Sees this as a private legal matter between two property owners.
Mr. Stephen Pincus, 120 Leslie Lane, Yorktown, advised City was facing a crisis in the Retirement system. City bears responsibility for creating this crisis. Asked how much more would be asked of city employees. City whittling away of employee benefits. City pours money into projects, but has not lived up to its obligation to maintain pension fund remains solvent. Burden will place undue hardship on those employees dedicating their lives to city service. Ask City Council to recognize employees are the City’s best asset.
Ms. Valerie Price, represented AKA Sorority, Inc. Lamda Omega Chapter, celebrated centennial year in 2008. Acknowledged members. Presented Council with a small token of appreciation.
Ms. Valerie Young, addressed issues/rumors about proposed changes to City’s Retirement Benefits; specifically the elimination of overtime for police and fire employees. Recommend that vested employees be grandfathered. Plans are discouraging qualified employees seeking employment with the City.
Dr. K. J. Godfrey, 43 Kings Point Drive, Hampton
Mr. Crawford Smith, NNPS Retiree of 10 years, addressed Council regarding health and life insurance proposed changes for retirees. Served for 40 years. Recruited vigorously. Believed NN had an excellent school district. Specifically concerned with the life insurance changes. $10,000 was not an equitable amount.
Mr. Larry Orie, former Fire Chief for City of Newport News, addressed Council regarding proposed changes to City’s benefits. He retired in 2001 after 32 1/2 years of service. A copy of his remarks are attached and made a part of these minutes.
Mr. Frank Barger, 302 Honeysuckle Lane, Yorktown, retired City employee, addressed Council regarding proposed changes to City’s retirement benefits.
Ms. Joan Minarik, 114 Linbrook Lane, Newport News, proposed that work sessions be televised or video streamed so that citizens could be more informed. She further proposed that answers to citizens concerns be made public at the following meeting, and proposed City wide town meeting with dialogue between citizens and City Council.
Ms. Kimberly Winn, expressed support for the West Avenue Library (copy distributed). Hoped it would not be closed as rumors suggest. Expressed support for MLK Plaza remain at 25th & Jefferson,
Mr. Kelly Place congratulated City for video streaming. Urged more transparency by posting answers on the internet. How much is KWR going to cost water customers. Projected $200 per person. Math indicates it has reached $900 per each water bill customer. Feels cost will eventually reach $1 billion. Re water rates, Mr. Place indicated City overestimated its revenues.
*12. New Business and Councilmember Comments
Dr. Woodbury asked possibility of video streaming the Council Work Sessions. Thanked Retirement Board for excellent seminar on January 13 and the information provided by the City Manager at the January 27th session. She thanked citizens for participation. She and Betty Dixon would have another joint Town Meeting, with 65-75 in attendance. Scheduled for Feb. 7 at Warwick HS. Expressed concern about Mr. James Armstrong’s concerns. Asked that it be revisited.
Councilman Bateman advised of CNU discussion with City Council at January 27 Work Session. Thanked CNU and staff for working together.
Re-stated video streaming, made available on-demand, to make City government more transparent.
Mayor Frank wished Dr. Woodbury a Happy Birthday.
Councilwoman McMillan wished Dr. Woodbury Happy Birthday.
Councilwoman Scott thanked citizens for their attendance at the January 26 North District Town Hall Meeting. She announced City Manager would be guest at the February 23 Town Hall Meeting. Lt. Boswell reported crime was down 9% in Denbigh. Encouraged citizens to check the website for crime information throughout the City.
Councilwoman Vick thanked members of AKA and the Girl Scouts for their presentations. She advised that Council was concerned about Retirement benefits. She advised changes would have to be made. Happy Birthday Wishes.
Adjourn
Jan 27, 2009 Regular City Council Meeting
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Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
1. Invocation - Rev. Sam McPhail Trinity United Methodist Church
The invocation was rendered by Reverend Sam McPhail, Trinity United Methodist Church.
2. Pledge of Allegiance to the Flag of the United States of America - Girl Scout Council of Colonial Coast Troop #1290 * Acknowledgement: Boy Scouts representing the James River District, Colonial Virginia Council Troops
3. Public Hearings
A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256
AN ORDINANCE GRANTING CONDITIONAL USE PERMIT CU-09-256 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF OPERATING A COMMUNICATION TOWER/ANTENNA ON A SITE ZONED C5 OYSTER POINT BUSINESS/MANUFACTURING. This ordinance allowed a galvanized monopole communications tower, 154 feet in height, with flush mounted antennas and supporting equipment, on a 3600 square foot lease area, located on a 9.5 acre parcel at 725 Middle Ground Boulevard, and zoned C5 Oyster Point Business/Manufacturing. The Planning Commission voted 8:1 to recommend to City Council the approval of the conditional use permit, with conditions, and the City Manager concurred with the recommendation.
Mr. Glenn Hampton, 501 Independence Parkway, Chesapeake,
Motion to closure of the public hearing A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256 Moved by Whitaker, seconded by Bateman.
Vote to closure of the public hearing A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256 (Approved)
Motion to adoption of the ordinance A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256 Moved by Bateman, seconded by Vick.
Vote to adoption of the ordinance A. Conditional Use Permit-Muller Martini Manufacturing Corp.- CU-09-256 (Approved)
B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257
AN ORDINANCE GRANTING CONDITIONAL USE PERMIT CU-09-257 FOR THE HEREINAFTER DESCRIBED PROPERTY FOR THE PURPOSE OF ALLOWING A SMALL AND LARGE MOTOR VEHICLE REPAIR AND SERVICE FACILITY ON A SITE ZONED C2 GENERAL COMMERCIAL DISTRICT. This ordinance allowed a small and large motor vehicle repair and service facility, on six parcels totaling 1.09 acres, located at 3300, 3308, 3314 Jefferson Avenue; 607, 613 33rd Street; and 620 34th Street, and zoned C2 General Commercial. The Planning Commission voted 8:1 to recommend to City Council the approval of the conditional use permit, with conditions, and the City Manager concurred with the recommendation.
Mr. Raymond Suttle, Jr., available for questions.
Mr. William Pelkey, inquired whether we would do this for any other business in the City. Sending mixed signals.
Motion to closure of the public hearing B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257 Moved by Whitaker, seconded by Vick.
Vote to closure of the public hearing B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257 (Approved)
Motion to adoption of the ordinance B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257 Moved by Whitaker, seconded by Vick.
Vote to adoption of the ordinance B. Conditional Use Permit-Newport News Redevelopment and Housing Authority (NNRHA)/Hornsby Tire Company - CU-09-257 (Approved)
4. Consent Agenda
A. Minutes of the Joint Legislative Breakfast of December 2, 2008
B. Minutes of the Work Session of January 13, 2009
C. Minutes of the Special Meeting of January 13, 2009
D. Minutes of the Regular Meeting of January 13, 2009
E. Donation of Surplus Police Vehicle
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING THE DONATION OF A SURPLUS 2001 FORD CROWN VICTORIA TO THE NEW HORIZONS REGIONAL EDUCATION CENTER ASSOCIATION. This resolution allowed the donation of a surplus police vehicle to the New Horizons Career and Technical Education Center, located at 13400 Woodside Lane, Newport News. The City received a request from the New Horizons Career and Technical Education Center for a donation of a police vehicle. Juniors and seniors from six local high school districts were served by the Center’s Criminal Justice Program. The donated vehicle would be used to enhance instructional learning, which included executing mock warrants, conducting mock raids, interviews and interrogations. The City Manager recommended approval.
F. Resolution of Recognition: Cindy DiMarino
A RESOLUTION OF RECOGNITION FOR CINDY DIMARINO. This Resolution recognizes Cindy DiMarino, Assistant Director of the Boys and Girls Club of the Virginia Peninsula, Peninsula and Autumn Lakes Units. Ms. DiMarino donated countless hours of her time to the Boys and Girls Club and the Kids Café, often picking up and delivering food to help provide for more than 200 children. The generosity and hard work of Ms. Cindy DiMarino touched the lives of numerous children in the City of Newport News, and City Council wished to express its sincere appreciation.
G. Ordinance Approving Number of Meeting Days for the Board of Review of Real Estate Assessments
AN ORDINANCE SETTING THE NUMBER OF DAYS SUFFICIENT FOR COMPLETION OF WORK OF THE BOARD OF REVIEW OF REAL ESTATE ASSESSMENTS FOR THE 2008 YEAR OF SERVICE.This ordinance set the number of days for the completion of work, of the Board of Review of Real Estate Assessments, for the 2008 year of service. The Commissioner of the Revenue’s Office staffed the Board of Review and recommended that 11 days be allotted the Board for completion of its work. The City Manager concurred with this recommendation.
H. Resolution in Memoriam: Betsy P. Ellis
A RESOLUTION IN MEMORIAM FOR BETSY P. ELLIS.This resolution is in memoriam for Betsy P. Ellis, who served her community as a member of the Newport News Mayor’s Committee on Disabilities. She loved to make others smile and brought joy and laughter to others through spending countless hours volunteering in costume and make-up as “Betsy D. Clown,” for hospitals, nursing homes and charities. The impact of Ms. Ellis’ civic and charitable activities resonated within the community and her death created a significant void which Council recognized with sadness.
Motion to adoption of the resolution 4. Consent Agenda Moved by Vick, seconded by Scott.
Vote to adoption of the resolution 4. Consent Agenda (Approved)
5. Resolution Granting Conditional Approval - Eagle Medical Transport, LLC
A RESOLUTION GRANTING CONDITIONAL APPROVAL FOR EAGLE MEDICAL TRANSPORTS, LLC, A PRIVATE EMERGENCY MEDICAL SERVICES AGENCY, TO PROVIDE CERTAIN TRANSPORT SERVICES WITHIN THE CITY OF NEWPORT NEWS. This resolution was granted conditional approval for Eagle Medical Transport, LLC, to provide certain transport services within the City of Newport News. Ease Medical Transport provided services that were regulated, inspected and licensed by the Virginia Office of Emergency Medical Services. The services provided did not conflict with 911 services, but transported patients by private ambulances to doctors’ appointments, hospitals and extended care facilities. The City Manager recommended approval.
Motion to adoption of the resolution 5. Moved by Whitaker, seconded by Scott.
Shawn Sorensen, Owner of the medical transport business, 570 Industrial Park Drive, Medicare regulates fees.
Vote to adoption of the resolution 5. (Approved)
6. Resolution Adopting the City’s Strategic Action Plan
A RESOLUTION OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, ADOPTING THE STRATEGIC ACTION PLAN FOR THE CITY OF NEWPORT NEWS. This resolution adopted the modified Strategic Action Plan for the City of Newport News. City Council adopted its Vision Statement, Vision Principles and Operating Guidelines by resolution on January 9, 2007. At a retreat in September 2007, City Council agreed upon individual and collective ideas about the City’s future and adopted the Strategic Action Plan by resolution on December 11, 2007. During the September 2008 City Council Retreat, the Strategic Action Plan was assessed, and modifications were proposed to revise the Vision Principles, Operating Guidelines and Goal Statements of the Strategic Action Plan. This resolution provided the approval of the amended Strategic Action Plan and endorsed trecommended changes to the Good for Business, Enriching the Arts, A Great Environment and Balanced Transportation System Operating Guidelines; and several Goal Statements.
Motion to adoption of the resolution 6. Resolution Adopting the City’s Strategic Action Plan Moved by Vick, seconded by Vick.
Vote to adoption of the resolution 6. Resolution Adopting the City’s Strategic Action Plan (Approved)
7. Capital Improvement Program (CIP)
A. Resolution Adjusting CIP for Fiscal Year 2009
A RESOLUTION MODIFYING AND AMENDING THE CAPITAL IMPROVEMENTS PLAN FOR THE FISCAL YEAR 2009 TO THE FISCAL YEAR 2013 FOR THE CITY OF NEWPORT NEWS, VIRGINIA. This resolution modified and amended the Capital Improvements Plan for Fiscal Year 2009. City Council was advised in an October 31, 2008 memorandum, of the need to make substantial reductions in capital spending over the next two years. The economic climate and financial market volatility led to the proposed Fiscally Constrained FY 2009 Capital Improvements Plan. The recommended Fiscally Constrained CIP adhered to the financial policies adopted by City Council in January 2007. The City Manager recommended approval.
Motion to adoption of the resolution A. Resolution Adjusting CIP for Fiscal Year 2009 Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution A. Resolution Adjusting CIP for Fiscal Year 2009 (Approved)
Mr. Kelly Place, concern about a lot of the CIP, specifically regarding the long-promised North District Community Center. Has a problem with this. Revenue from NN Waterworks should be coming to the City. Been told that revenues could not be used for CIP projects. Cited from June 2008 Public Hearing quote by City Manager Hildebrandt. Reviewed video from the same meeting - questionned what other money was provided back to the City. $101.5 million appropriated to the KWR thus far. Reservoir predicated on fast growth. Mistake to continue on with the KWR spending this type of money.
B. Resolution Approving CIP for Fiscal Year 2010 - 2014
A RESOLUTION APPROVING A CAPITAL IMPROVEMENTS PLAN FOR THE FISCAL YEAR 2010 TO THE FISCAL YEAR 2014 FOR THE CITY OF NEWPORT NEWS, VIRGINIA. This five-year plan of funding reflects the need to limit capital spending in FY 2010. A restructuring of capital spending in the “out years” of this CIP was accomplished, so that projects postponed from early years could be undertaken later within the five-year period. As discussed at the January 13, 2009 City Council Work Session, construction funding for the Stoney Run Recreation Center was moved up from FY 2011 to 2010. This would ensure that the project would not be delayed significantly due to timing of funding. This recommended FY 2010-FY 2014 CIP also adhered to the City’s debt management policies. The City’s debt burden ratio over the five-year period would drop from 2.8% in FY 2010 to 2.5% by FY 2014. The City Manager recommended approval.
Motion to adoption of the resolution B. Resolution Approving CIP for Fiscal Year 2010 - 2014 Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution B. Resolution Approving CIP for Fiscal Year 2010 - 2014 (Approved)
8. Ordinance Amending the City Code, Chapter 31- Pensions and Retirement, to Comply with the Internal Revenue Service (IRS) Code
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 31, PENSIONS AND RETIREMENT, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE II., EMPLOYEES’ RETIREMENT FUND, SETION 31-25, DEFINITIONS; SECTION 31-33, RIGHTS UNDER THIS ARTICLE NOT SUBJECT TO ASSIGNMENT, EXECUTION, GARNISHMENT, ETC.; SECTION 31-54, RETIREMENT ALLOWANCES; AND SECTION 31-64, ELIGIBLE ROLLOVER DISTRIBUTIONS. This ordinance amended the City Code to make technical changes needed to obtain an Internal Revenue Service favorable determination letter. City staff and the Retirement Board recommended seeking a determination letter from the Internal Revenue Service confirming that the City’s Retirement Fund was a qualified defined benefit plan under applicable law. The amendments brought the City Code into compliance with the Internal Revenue Code. The City Manager recommended approval.
Motion to adoption of the ordinance 8. Ordinance Amending the City Code, Chapter 31- Pensions and Retirement, to Comply with the Internal Revenue Service (IRS) Code Moved by Bateman, seconded by Whitaker.
Mr. Mark Dray, Hunton & Williams, explained about best practice of determination letter.
Vote to adoption of the ordinance 8. Ordinance Amending the City Code, Chapter 31- Pensions and Retirement, to Comply with the Internal Revenue Service (IRS) Code (Approved)
9. Economic Development Authority/Hornsby Tire Company Appropriation
A RESOLUTION APPROPRIATING FUNDS FROM FY 2007 BONDS AUTHORIZED AND UNISSUED – COMMUNITY DEVELOPMENT ($200,000.00) AND FY 2008 BONDS AUTHORIZED AND UNISSUED – COMMUNITY DEVELOPMENT ($1,260,000.00) TO HORNSBY TIRE COMPANY RELOCATION ($1,460,000.00). This resolution appropriated $1,460,000 to the Capital Improvement Account for community development, for the Hornsby Tire Company Relocation Project. The Hornsby Tire Company Relocation Project would provide significant benefits for the City. The project would result in the relocation and retention of a longstanding business in the Southeast Community, visually improve the aesthetics and complement recent public and private investment along the Jefferson Avenue Corridor. It would also allow for the incorporation of an additional, strategically located 1.44 acres into the Southeast Commerce Center (SECC) project site, which would increase site, design and economic opportunities for the planned high quality, mixed-use development. The Hornsby Tire Company Relocation Project generated interest from Riverside Health Systems, in locating a critically needed healthcare facility in the SECC, to serve the Southeast Community. Investment by Riverside Health Systems may serve as a catalyst for other private investment in the SECC development project. This project would be funded by bonds authorized and unissued. Of the $1,460,000 requested, $200,000 would come from the City’s FY 2007 Bond Authorization, in which there was a $1,000,000 designated for community development. Approval of this resolution reduced the amount available for appropriation to $600,000. Another $1,260,000 for the project would come from the City’s FY 2008 Bond Authorization which had $4,500,000 designated for community development. This appropriation resulted in an estimated annual increase of $141,620 in General Fund supported debt service. The City Manager recommended approval.
Motion to adoption of the resolution 9. Economic Development Authority/Hornsby Tire Company Appropriation Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution 9. Economic Development Authority/Hornsby Tire Company Appropriation (Approved)
10. Appropriations
A. The Mariners' Museum - SAFTEA-LU High Priority Grant - $223,266
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE UNITED STATES DEPARTMENT OF TRANSPORTATION USS MONITOR CENTER – FY 2009 ($170,000.00) AND STATE REVENUE VIRGINIA DEPARTMENT OF TRANSPORTATION USS MONITOR CENTER – FY 2009 ($53,266.00) TO USS MONITOR CENTER SAFTEA-LU 2009 ALLOCATION ($223,266.00). This resolution appropriated $223,266 of additional funding, from the U. S. Department of Transportation and the Virginia Department of Transportation, to the Mariners’ Museum, for the USS Monitor Center. The Mariners’ Museum had received these additional federal and state grant pass-through funds from a SAFETEA-LU High Priority Fund Allocation. The Museum would use these funds to reimburse expenditures already made in the constructions of the landscaping, lighting, sidewalks, signage and parking lots that support the USS Monitor Center exhibit. As a sponsor, the City’s sole role was limited to the handling of reimbursement transactions from the Virginia Department of Transportation to the Mariners’ Museum. The City Manager recommended approval.
B. Fire Department - VA Department of Emergency Management Grant - $216,314
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE – FECERAL BOMB SQUARD INITIATIVE-09 ($216,314.00) TO MACHINERY AND EQUIPMENT ($216,314.00). This resolution appropriated $216,314.00 from the State’s Homeland Security Program Grant Revenue to the Fire Department. The City of Newport News received an award of federal pass-through grant funds from the Virginia Department of Emergency Management for FY 2009. The funding was restricted in use to support the Hampton Roads Bomb Squad initiative. The grant did not require local match funding. The City Manager recommended approval.
C. Juvenile Services - Juvenile Accountability Block Grant (JABG) - $53,706
A RESOLUTION APPROPRIATING FUNDS FROM LOCAL REVENUE – JUVENILE ACCOUNTABILITY BLOCK GRANT-09 ($5,371.00) AND FEDERAL REVENUE – JUVENILE ACCOUNTABILITY BLOCK GRANT-09 ($48,335.00) TO CONTRACTUAL SERVICES ($53,706.00). This resolution appropriated $53,706.00 for the Juvenile Accountability Block Grant to the Department of Juvenile Services. The City had been rewarded a federal grant from the Juvenile Accountability Block Grant Program in the amount of $48,335.00. Congress created the program to promote greater accountability in the juvenile justice system. The Juvenile Services Department would use the funds to continue the provision of services through its day reporting center for juveniles temporarily excluded from school, and to continue its evening supervision center, which provided structure during high-risk, low-supervision time periods. A local grant match in the amount of $5,371 was required from the FY 2009 General Fund. No additional local funds were required. The City Manager recommended approval.
D. Juvenile Services - BYRNE/JAG Young Offender Regional Reentry Program (YORRP) Grant - $80,000
A RESOLUTION APPROPRIATING FUNDS FROM LOCAL REVENUE – YOUNG OFFENDER REENTRY-09 ($20,000.00) AND FEDERAL REVENUE – YOUNG OFFENDER REENTRY-09 ($60,000.00) TO OTHER PROFESSIONAL SERVICES ($80,000.00). This resolution appropriated $80,000.00 to the Department of Juvenile Services. The City had been awarded a federal grant from the Department of Criminal Justice Services (DCJS) in the amount of $60,000, for the Young Offender Regional Reentry Program. The purpose of the grant was to enhance existing substance abuse and mental health treatment-related services for approximately 20-40 juveniles and their families. This program placed emphasis on managing the transition from imprisonment to assimilation back into the community. A local grant match in the amount of $20,000.00 was required from the FY 2009 General Fund. No additional local funds were required. The City Manager recommended approval.
Motion to adoption of appropriation 10. Appropriations Moved by Vick, seconded by Whitaker.
Vote to adoption of appropriation 10. Appropriations (Approved)
11. Citizen Comments on Matters Germane to the Business of City Council
Mr. James Armstrong, 319 36th Street, NN, asked that Engineering look at house that was leaning over on his. Mr. Armstrong asked that someone other than Codes investigate itself to determine that they acted ethically. Have shown no report regarding the pictures he distributed in September.
Director of Codes stated in was okay for houses to touch as long as there is no eminent danger of someone getting "squished." Questioned ethical actions of Codes, not legality.
City Attorney advised that an administrative Appeal available by going to the State. Sees this as a private legal matter between two property owners.
Mr. Stephen Pincus, 120 Leslie Lane, Yorktown, advised City was facing a crisis in the Retirement system. City bears responsibility for creating this crisis. Asked how much more would be asked of city employees. City whittling away of employee benefits. City pours money into projects, but has not lived up to its obligation to maintain pension fund remains solvent. Burden will place undue hardship on those employees dedicating their lives to city service. Ask City Council to recognize employees are the City’s best asset.
Ms. Valerie Price, represented AKA Sorority, Inc. Lamda Omega Chapter, celebrated centennial year in 2008. Acknowledged members. Presented Council with a small token of appreciation.
Ms. Valerie Young, addressed issues/rumors about proposed changes to City’s Retirement Benefits; specifically the elimination of overtime for police and fire employees. Recommend that vested employees be grandfathered. Plans are discouraging qualified employees seeking employment with the City.
Dr. K. J. Godfrey, 43 Kings Point Drive, Hampton
Mr. Crawford Smith, NNPS Retiree of 10 years, addressed Council regarding health and life insurance proposed changes for retirees. Served for 40 years. Recruited vigorously. Believed NN had an excellent school district. Specifically concerned with the life insurance changes. $10,000 was not an equitable amount.
Mr. Larry Orie, former Fire Chief for City of Newport News, addressed Council regarding proposed changes to City’s benefits. He retired in 2001 after 32 1/2 years of service. A copy of his remarks are attached and made a part of these minutes.
Mr. Frank Barger, 302 Honeysuckle Lane, Yorktown, retired City employee, addressed Council regarding proposed changes to City’s retirement benefits.
Ms. Joan Minarik, 114 Linbrook Lane, Newport News, proposed that work sessions be televised or video streamed so that citizens could be more informed. She further proposed that answers to citizens concerns be made public at the following meeting, and proposed City wide town meeting with dialogue between citizens and City Council.
Ms. Kimberly Winn, expressed support for the West Avenue Library (copy distributed). Hoped it would not be closed as rumors suggest. Expressed support for MLK Plaza remain at 25th & Jefferson,
Mr. Kelly Place congratulated City for video streaming. Urged more transparency by posting answers on the internet. How much is KWR going to cost water customers. Projected $200 per person. Math indicates it has reached $900 per each water bill customer. Feels cost will eventually reach $1 billion. Re water rates, Mr. Place indicated City overestimated its revenues.
*12. New Business and Councilmember Comments
Dr. Woodbury asked possibility of video streaming the Council Work Sessions. Thanked Retirement Board for excellent seminar on January 13 and the information provided by the City Manager at the January 27th session. She thanked citizens for participation. She and Betty Dixon would have another joint Town Meeting, with 65-75 in attendance. Scheduled for Feb. 7 at Warwick HS. Expressed concern about Mr. James Armstrong’s concerns. Asked that it be revisited.
Councilman Bateman advised of CNU discussion with City Council at January 27 Work Session. Thanked CNU and staff for working together.
Re-stated video streaming, made available on-demand, to make City government more transparent.
Mayor Frank wished Dr. Woodbury a Happy Birthday.
Councilwoman McMillan wished Dr. Woodbury Happy Birthday.
Councilwoman Scott thanked citizens for their attendance at the January 26 North District Town Hall Meeting. She announced City Manager would be guest at the February 23 Town Hall Meeting. Lt. Boswell reported crime was down 9% in Denbigh. Encouraged citizens to check the website for crime information throughout the City.
Councilwoman Vick thanked members of AKA and the Girl Scouts for their presentations. She advised that Council was concerned about Retirement benefits. She advised changes would have to be made. Happy Birthday Wishes.
Adjourn
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