Video index
Presentations
1. Proclamation: National Alcohol and Drug Addiction Recovery Month - September 2009
2. Resolution of Recognition: Jeffery Henderson
3. Resolution of Recognition: Menchville High School Boys’ Baseball Team, "The Monarchs," and Coach Phil Forbes
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation was rendered by Reverend A. Maurice Russell, Ivy Baptist Church.
B. Pledge of Allegiance to the Flag of the United States of America
The Pledge of Allegiance to the Flag of the United States of America was led by Councilwoman Sharon P. Scott.
C. Public Hearings
1. General Obligation General Improvement Bonds Issuance - $31,000,000
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED THIRTY-ONE MILLION DOLLARS ($31,000,000) PRINCIPAL AMOUNT OF CITY OF NEWPORT NEWS, VIRGINIA, GENERAL OBLIGATION GENERAL IMPROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF VARIOUS PUBLIC IMPROVEMENT PROJECTS OF AND FOR THE CITY AND NOT TOE EXCEED FORTY MILLION DOLLARS ($40,000,000) PR INCIPAL AMOUNT OF CITY OF NEWPORT NEWS, VIRGINIA, GENERAL OBLIGATION GENERAL IMPROVEMENT REFUNDING BONDS AND/OR GENERAL OBLIGATION WATER REFUNDING BONDS FOR THE PURPOSE OF PROVIDIGN FUNDS TO REFUND IN ADVANCE OF THEIR STATED MATURITIES AND REDEEM CERTAIN OUTSTANDING GENERAL OBLIGATION WATER BONDS OF SUCH CITY; AUTHORIZING THE SALE OF SUCH BONDS; FIXING THE FORM, FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER CERTAIN POWERS WITH RESPECT THERETO, INCLUDING THE POWER TO SELECT THE UNDERWRITERS THEREFOR; AUTHORIZING THE CITY TO ENTER INTO ONE OR MORE PURCHASE CONTRACATS BY AND BETWEEN THE CITY AND THE UNDERWRITERS RELATING TO SUCH BONDS; AUTHORIZNG THE CITY MANAGER TO EXECUTE AND DELIVER SUCH PURCHASE CONTRACTS; AUTHORIZING THE PREPARATION AND DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMETN RELATING TO THE BONDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A CONTINUING DISCLOSURE CERTIFICATE OR A CONTINUING DISCLOSURE AGREEMENT RELATING TO THE BONDS; AUTHORIZING AMD [RPVODOMG FPR THE OSSIAMCE AMD SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION GENERAL IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH GENERAL OBLIGATION GENERAL IMPROVEMENT BONDS; AUTHORIZING THE APPOINTMENT OF AN ESCROW AGENT; AUTHORIZING THE EXECUTION AND ELIVERY OF AN ESCROW DEPOSIT AGREEMENT BY AND BETWEEN THE CITY AND SUCH ESCROW AGENT AND THE PURCHASE OF THE SECURITIES TO BE HELD THEREUNDER; AND AUTHORIZING THE DESIGNATION OF THE REFUNDED BONDS FOR REDEMPTION. This ordinance authorized the City to contract a debt and issue General Obligation General Improvement Bonds of $31,000,000 to finance the costs of various public improvement projects. This ordinance authorized funding for the projects in the City’s FY 2010 Capital Improvements Plan, with additional funding of $2 million for the DEQ Consent Order and $3.7 million in funding for previous project-driven appropriations. An additional $1 million was added to the $30 million authorization to allow the City the flexibility to issue discount bonds if market conditions, at the time of the sale, indicate that this was the best financing option. The ordinance included the customary authorization to issue Bond Anticipation Notes prior to the sale of the bonds, should cash flow or market conditions dictate the use of such notes. This ordinance also included additional language to issue all or a portion of the bonds as taxable Build America Bonds. The ordinance authorized the refinancing of up to $40 million in existing General Obligation Bonds. The $30 million of net bonds proceeds were allocated to the nine different categories identified in the CIP. The City Manager recommended approval.
Mr. Stewart Fleming inquired about the collateral that stood behind the bond issue. He felt real estate values were over exaggerated and should not be used as collateral for the bond issue.
Motion to closure of the public hearing 1. General Obligation General Improvement Bonds Issuance - $31,000,000 Moved by Whitaker, seconded by McMillan.
Vote to closure of the public hearing 1. General Obligation General Improvement Bonds Issuance - $31,000,000 (Approved)
Motion to adoption of the ordinance 1. General Obligation General Improvement Bonds Issuance - $31,000,000 Moved by McMillan, seconded by Whitaker.
Vote to adoption of the ordinance 1. General Obligation General Improvement Bonds Issuance - $31,000,000 (Approved)
2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXIX., NONCONFORMING USES, SECTION 45-2902, RECONSTRUCTION. This ordinance amended Section 45-2902 of the City’s zoning ordinance consistent with changes to the Code of Virginia that amended the reconstruction of nonconforming uses. The amendment addressed the reconstruction of a nonconforming use if it was destroyed by an accidental fire. The amendment did not permit the reconstruction of a nonconforming use if the fire that destroyed the use was caused by arson committed by the property owner. The Planning Commission voted unanimously (8:0) to recommend to City Council the adoption of this amendment. The City Manager concurred with the recommendation.
Motion to closure of the public hearing 2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses Moved by Whitaker, seconded by Vick.
Vote to closure of the public hearing 2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses (Approved)
Motion to adoption of the ordinance 2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses Moved by Scott, seconded by Whitaker.
Vote to adoption of the ordinance 2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses (Approved)
3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXXII., BOARD OF ZONING APPEALS, SECTION 45-3203, PROCEDURE FOR REVIEW AND APPROVAL OF VARIANCES. This ordinance amended Section 45-3203 of the City’s Zoning Ordinance consistent with changes to the Code of Virginia that amended the Board of Zoning Appeals Hardship provision. The amendment removed the wording “approaching confiscation” by which a hardship for a variance was defined. Removing the language was consistent with the Virginia Code and would improve an applicant’s ability to secure a variance. The Planning Commission voted unanimously (8:0) to recommend to City Council the adoption of this amendment. The City Manager concurred with the recommendation.
Motion to closure of the public hearing 3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision Moved by Vick, seconded by Scott.
Vote to closure of the public hearing 3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision (Approved) (Recorded at 00:43:46)
Motion to adoption of the ordinance 3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance 3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision (Approved) (Recorded at 00:44:12)
4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 15, ELECTIONS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., VOTING PRECINCTS, SECTION 15-47, VOTING PLACES IN RESPECTIVE VOTING PRECINCTS. This ordinance changed the names, but not the locations, of three polling places. The Newport News Public School System changed the names of three schools. The names of the polling locations were (1) Dunbar-Erwin Elementary School to An Achievable Dream Academy; (2) Reservoir Middle School to Denbigh Early Childhood Center; and (3) Watkins Elementary School to Watkins Early Childhood Center. The physical locations of the polling places were not changed, and there was no need to notify voters about obtaining new voter identification cards. The City Manager concurred with the recommendation.
Motion to closure of the public hearing 4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations Moved by Scott, seconded by Vick.
Vote to closure of the public hearing 4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations (Approved) (Recorded at 00:45:49)
Motion to adoption of the ordinance 4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations Moved by Scott, seconded by Vick.
Vote to adoption of the ordinance 4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations (Approved)
D. Consent Agenda
1. Minutes of the Work Session of July 14, 2009
2. Minutes of the Special Meeting of July 14, 2009
3. Minutes of the Regular Meeting of July 14, 2009
4. Resolution Authorizing Lease Renewal with Virginia Department of Historic Resources for Warwick Courthouse, Second Floor Office Space
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 RENEWAL OF LEASE FOR 1,100 SQUARE FEET OF SPACE AT 14415 OLD COURTHOUSE WAY BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND COMMONWEALTH OF VIRGINIA, FOR USE BY THE DEPARTMENT OF HISTORIC RESOURCES, DATED THE 11TH DAY OF AUGUST, 2009. This resolution allowed the City Manager to renew the lease agreement with the Virginia Department of Historic Resources (VDHR) for the second floor office space in the Warwick Courthouse. The five-year lease agreement was established in September, 2004 and would expire on September 15, 2009. The agreement allowed for a five-year renewal/extension at the discretion of the City. VDHR requested that the City renew the agreements for the additional five-year period. The extended agreement would be under the same conditions and terms as the original lease. While VDHR did not pay for the leased space, their presence provided benefits through increased visibility/publicity of City preservation efforts, convenient onsite technical support, and free staffing/historical interpretation of the Warwick Courthouse and adjacent buildings. The City Manager recommended approval.
This item was removed from the Consent Agenda for discussion by City Council at a future Work Session.
5. Ordinance Amending City Code, Chapter 2, Administration of Self-Insurance Funds, Division 3: Rules Applicable to Both Funds; to cover Constitutional Officers' Employees Driving City Vehicles
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXXVI., ADMINISTRATION OF SELF-INSURANCE FUNDS, DIVISION 3., RULES APPLICABLE TO BOTH FUNDS, SECTION 2-751, DEFINITIONS GENERALLY. This ordinance amended and Chapter 2, Administration, of the City Code to cover Constitutional Officers’ employees driving City vehicles. The first amendment to the ordinance was to specify the limits of coverage for employees of Constitutional Officers. The Vehicle Use Policy permitted the use of City vehicles by employees of the Constitutional Officers, and the amendment would explicitly state that these employees were covered under the City’s Self-Insurance provisions. The amendment to the ordinance clarified that when employees of Constitutional Officers were using their personal vehicles on City business, even with proper authorization, they would not be covered under the City’s insurance. These amendments were consistent with prior and current practice. The ordinance amendment made it explicit, what was previously only implied, that such employees of Constitutional Officers were excluded from any coverage whatsoever under the General Liability Fund. The City Manager recommended approval.
6. Resolution Authorizing Amendment No. 2 of the Lease Agreement between the EDA and the City for Department of Human Services' Office Space in Rouse Towers
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT ENWS, VIRGINIA, THAT CERTAIN ADDENDUM TWO TO AGREEMENT OF LEASE BY AND BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 11TH DAY OF AUGUST, 2009. This resolution authorized amendment No. 2 to the Lease Agreement between the City and the EDA, to increase the total rentable square feet in Rouse Tower to 102,417 square feet, for use by the Department of Human Services, and to authorize the City Manager to execute any addenda necessary. The Department of Human Services sought an additional 2,206 square feet of leased space in the Rouse Tower Building to provide a multi-purpose, on-site meeting and training room, and additional storage space. This action was consistent with the City Council directive to the EDA in 2005 to acquire, renovate, operate and lease Rouse Tower as the centralized operations center for the Department of Human Services. The additional lease expense for FY 2010 was $34,145.21, of which the City would be reimbursed 33% by the Virginia Department of Human Services. The City Manager recommended approval.
Motion to adoption of consent agenda D. Consent Agenda with the exception of Item 4. Moved by Bateman, seconded by Scott.
Vote to adoption of consent agenda D. Consent Agenda with the exception of Item 4. (Approved)
E. Other City Council Actions
1. Ordinance Amending FY2010 Operating Budget Ordinance for Adjustments to Public Utilities’ Revenues
AN ORDINANCE TO AMEND ORDINANCE NO. 6588-09 FOR THE APPROVAL OF THE BUDGET AND APPROPRIATE FUNDS TO OPEATE THE CITY OF NEWPORT NEWS FOR THE FISCAL YEAR BEGINNING JULY 1, 2009, AND ENDING JUNE 30, 2010, INCLUSIVE. This ordinance amended the City’s Fiscal Year 2010 Public Utilities budget to reflect additional revenue generated by increasing the fire hydrant fee. Because City Council did not approve most of the recommended fee increases, the FY 2010 Operating Budget for Waterworks was amended to reduce appropriations to $80,102,000. This amended Budget incorporated the $149,396 generated by City Council’s subsequent increase in the fire hydrant fees. As explained in the City Manager’s July 22, 2009 memorandum, the FY 2010 Operating Budget for the Public Utilities Enterprise Fund was balanced by these measures: (1) Applying the total $1.9 million in one-time savings from the refinancing of water general obligations bonds to FY 2010 debt service appropriations; (2) Reducing cash capital spending by an additional 22%; (3) Repaying the VRA property acquisition loan for the King William Reservoir Project to reduce interest payments; and (4) Reducing operating expenses by an additional 6% and maintaining the equivalent of 30 full-time positions vacant for the entire fiscal year. The City Manager recommended approval.
Motion to adoption of the ordinance 1. Ordinance Amending FY2010 Operating Budget Ordinance for Adjustments to Public Utilities' Revenues Moved by McMillan, seconded by Bateman.
Vote to adoption of the ordinance 1. Ordinance Amending FY2010 Operating Budget Ordinance for Adjustments to Public Utilities' Revenues (Approved) (Recorded at 00:49:23)
2. Resolution Appropriating Funds for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE, AMERICAN RECOVERY & REINVESTMENT ACT, CITYWIDE SIGNAL RE-TIMING ($350,000.00) TO ARRA – CITY WIDE SIGNAL SYSTEM RE-TIMING ($350,000.00). This resolution appropriated funds for the American Recovery and Reinvestment Act of 2009 (ARRA) – Citywide Signal System Re-Timing. The City of Newport News was successful in obtaining approval for additional funds in the amount of $350,000.00 from the American Recovery and Reinvestment Act of 2009 (ARRA) funds for the purpose of the ARRA – Citywide Signal System Re-Timing Project. This was a City administered project which would retime traffic signals citywide to reduce travel times for citizens throughout the community. Funding was 100% reimbursable from Federal funds through the Virginia Department of Transportation (VDOT). The City was responsible for front-funding the project until it was complete and Federal reimbursements were received. There was no direct cost to the City other than the staff time to administer the project. The City Manager recommended approval.
Motion to adoption of the resolution 2. Resolution Appropriating Funds for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project Moved by Scott, seconded by McMillan.
Vote to adoption of the resolution 2. Resolution Appropriating Funds for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project (Approved) (Recorded at 00:50:42)
3. Programming Resolution for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project Funding from VDOT
A RESOLUTION REQUESTING PROGRAMMING OF A PROJECT SUBJEC TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) PROJECT FUNDING FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE ARRA – CITYWIDE SIGNAL SYSTEM RETIMING. This resolution authorized the City Manager to execute the Agreement for the American Recovery and Reinvestment Act of 2009 (ARRA) – Citywide Signal System Retiming. A programming resolution was required by Virginia Department of Transportation (VDOT) to establish the funding for the ARRA – Citywide Signal System Retiming Project. This City administered project would retime traffic signals Citywide to provide for better travel times for citizens throughout the City. The City Manager recommended approval.
Motion to adoption of the resolution 3. Programming Resolution for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project Funding from VDOT Moved by Bateman, seconded by McMillan.
Vote to adoption of the resolution 3. Programming Resolution for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project Funding from VDOT (Approved) (Recorded at 00:51:14)
4. Resolution Appropriating FY2009 Capital Improvement Plan Funds for the Canon Boulevard Sewer Trunk Line Improvements Project
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED – SEWER EXTENSION ($480,000.00) TO CANON BOULEVARD SEWER TRUNK LINE IMPROVEMENTS ($480,000.00). This resolution appropriated $480,000.00 from the Sewer Extension category of the FY 2009 CIP for the Canon Boulevard Sewer Trunk Line Improvements Project. The existing sanitary sewer was surcharged and flowing at capacity. This upgrade was required to provide additional sanitary sewer capacity to support the continuing development in the Oyster Point area. The project proposed the installation of a large parallel sanitary sewer along Canon Boulevard from Town Center Drive to Thimble Shoals Boulevard in a grassy area, between the road and the drainage ditch, to correct this deficiency. The appropriation of $480,000.00 from the Sewer Extension category of the FY 2009 CIP covered the contact costs, plus a 5% contingency. The City Manager recommended approval.
Motion to adoption of the resolution 4. Resolution Appropriating FY2009 Capital Improvement Plan Funds for the Canon Boulevard Sewer Trunk Line Improvements Project Moved by Whitaker, seconded by Scott.
Vote to adoption of the resolution 4. Resolution Appropriating FY2009 Capital Improvement Plan Funds for the Canon Boulevard Sewer Trunk Line Improvements Project (Approved) (Recorded at 00:52:15)
5. Award of Bid for the Canon Boulevard Sewer Trunk Line Improvements Project
Award of bid for the Canon Boulevard Sewer Trunk Line Improvements Project to Basic Construction Company, LLC.Basic Construction Company, LLC, was the low bidder on this project at $454,131.00. Basic Construction had performed well on similar contracts for the City of Newport News and was recommended for award of the project. The City Manager recommended approval.
Motion to award a bid to 5. Award of Bid for the Canon Boulevard Sewer Trunk Line Improvements Project Moved by Scott, seconded by Bateman.
Vote to award a bid to 5. Award of Bid for the Canon Boulevard Sewer Trunk Line Improvements Project (Approved)
6. Resolution Appropriating the Virginia Commission for the Arts Local Government Challenge Grant
A RESOLUTION APPROPRIATING FUNDS FROM VA COMMISSION FOR THE ARTS, LOCAL GOVERNMENT CHALLENGE GRANT ($5,000.00) TO VA COMMI- SSION FOR THE ARTS GRANT, SUPPORT FOR THE PERFORMING ARTS ($5,000.00). This resolution appropriated $5,000.00 of State Grant Revenue from the Virginia Commission for the Arts for allocation by the City to local performing and fine arts organizations. The Virginia Commission for the Arts awarded the City a $5,000.00 Local Government Challenge Grant. These grant funds would be utilized in conjunction with the $175,302.00 approved in the City’s FY 2010 Operating Budget for support for the Performing Arts to award individual grants to eligible performing and find arts organizations. Matching funds were budgeted in the FY 2010 Operating Budget. The City Manager recommended approval.
Motion to adoption of the resolution 6. Resolution Appropriating the Virginia Commission for the Arts Local Government Challenge Grant Moved by Woodbury, seconded by McMillan.
Vote to adoption of the resolution 6. Resolution Appropriating the Virginia Commission for the Arts Local Government Challenge Grant (Approved) (Recorded at 00:53:54)
7. Resolution Approving Specific Grant Awards by the Newport News Arts Commission
A RESOLUTION APPROVING SPECIFIC GRANT AWARDS TO VARIOUS LOCAL PERFORMING AND FINE ARTS ORGANIZATIONS. This resolution approved specific grant awards to various local performing and fine arts organizations in accordance with recommendations from the Newport News Arts Commission. Through an annual competitive application process, the Newport News Arts Commission made recommendations to City Council for the allocation of City and State grant funds to various local performing and fine arts organizations. The combined funding of City and Stage grants available for Fiscal Year 2010 was $180,302.00. City Council approved $175,302.00 in the FY 2010 Operating Budget for Support to Performing Arts. This amount provided the local match required for the $5,000 Virginia Commission for the Arts Grant recommended for appropriation under separate action. The City Manager recommended approval.
Motion to adoption of the resolution 7. Resolution Approving Specific Grant Awards by the Newport News Arts Commission Moved by Woodbury, seconded by Scott.
Vote to adoption of the resolution 7. Resolution Approving Specific Grant Awards by the Newport News Arts Commission (Approved) (Recorded at 00:54:47)
8. Resolution Authorizing the Application for Virginia Department of Transportation FY2010 Revenue Sharing Program Funds for the Huntington Avenue Bridge Replacement
A RESOLUTION SUPPORTING AN APPLICATION TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR AN ALLOCATION OF $600,000 THROUGH THE VDOT REVENUE SHARING PROGRAM FOR FY 2010 FOR THE “HUNTINGTON AVENUE BRIDGE REPLACEMENT PROJECT OVER THE NEWPORT NEWS SHIPYARD RAILROAD SPUR.” This resolution authorized the application for up to $600,000.00 in the VDOT FY 2010 Revenue Sharing Program Funds for the replacement of the Huntington Avenue Bridge over Northrop Grumman Shipbuilding Newport News between 41st Street and 39th Street. The Huntington Avenue (Route 60) Bridge was 109 years old, 56 feet long, and was classified as functionally obsolete. The bridge replacement was a much needed project and met the requirements to qualify for State funds. The estimated cost of the project was $1.2 million. Should the City be successful in receiving these Revenue Sharing funds, the City would be reimbursed 50% of its cost up to $600,000. The City must bear all costs in excess of $1.2 million. The City Manager recommended approval.
Motion to adoption of the resolution 8. Resolution Authorizing the Application for Virginia Department of Transportation FY2010 Revenue Sharing Program Funds for the Huntington Avenue Bridge Replacement Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution 8. Resolution Authorizing the Application for Virginia Department of Transportation FY2010 Revenue Sharing Program Funds for the Huntington Avenue Bridge Replacement (Approved) (Recorded at 00:56:27)
9. Resolution Appropriating Funds for the James City Service Authority (JCSA) Emergency Interconnection Project
A RESOLUTION APPROPRIATING FUNDS FROM GENERAL OBLIGATION WATER BONDS ($252,400.00) TO ENGINEERING SERVICES ($24,903.00), CONSTRUCTION ($197,789.00) AND CONTINGENCY ($29,708.00). This resolution appropriated $252,400 for construction and engineering services to install an emergency interconnection between the Lightfoot Water System and the James City Service Authority. Newport News Waterworks owns and operates the Lightfoot Water System in the northern part of York County. In December 2008, City Council approved an agreement with James City Service Authority (JCSA) for JCSA to provide water to the Lightfoot system. An 8-inch diameter interconnection between James City Service Authority and Lightfoot Water System was designed and bid. Funds needed to be appropriated for the engineering and construction costs. The City Manager recommended approval.
Motion to adoption of the resolution 9. Resolution Appropriating Funds for the James City Service Authority (JCSA) Emergency Interconnection Project Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution 9. Resolution Appropriating Funds for the James City Service Authority (JCSA) Emergency Interconnection Project (Approved) (Recorded at 00:58:24)
10. Award of Bid for the James City Service Authority (JCSA) Emergency Interconnection Project
Award of bid for the JCSA Emergency Interconnection Project to Toano Contractors, Inc. An invitation for construction bids was advertised June 21, 2009 and July 14, 2009. Eight bids were received by AES Consulting Engineers, ranging from $447,948, with Toano Contractors submitting the lowest bid for $197,789. Toano Contractors had successfully performed work for the City of Williamsburg, HRSD, and numerous private entities, and was licensed by the Virginia Board of Contractors as a Class A Contractor. The City Manager recommended approval.
Motion to award a bid to 10. Award of Bid for the James City Service Authority (JCSA) Emergency Interconnection Project Moved by Vick, seconded by Whitaker.
Vote to award a bid to 10. Award of Bid for the James City Service Authority (JCSA) Emergency Interconnection Project (Approved) (Recorded at 00:59:18)
11. Receipt of Bid for Utility Easement - 15198 Warwick Boulevard (Stoney Run Recreation Center)
Receipt of bid(s) for the grant of a non-exclusive 20-foot easement over City-owned property at 15198 Warwick Boulevard and forwarded to the City Manager for review and evaluation. This proposed grant of utility easement was advertised pursuant to State Code requirements pertaining to such trans-actions that were for a term greater than five years. A request to receive bids was advertised in the Daily Press on July 27, 2009 and August 3, 2009. The project would construct a 50,000square foot recreation center to include a northbound taper and right-turn radius from Warwick Boulevard onto Curtis Tignor Road. The taper and right-turn radius required relocation of overhead wires and cabling lines. As part of the project, the City requested utility companies to bury underground, all of their overhead lines for the length of the property, as a component of the required relocation. A public hearing was advertised for the September 8, 2009 Regular Meeting of City Council to consider the ordinance that would grant the actual easements to the successful bidder. No Council action was necessary at this meeting.
One bid received from Dominion Va. Power. Fwded to CM for evaluation,
12. Resolution Authorizing Acceptance of Deed of Gift for Property from Robinson-Bruton Recreation Association
A RESOLUTION AUTHORIZNG AND DIRECTING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, A DONATION OF REAL PROPERTY LOCATED AT 221 AND 235 BENNS ROAD IN THE CITY OF NEWPORT NEWS, VIRGINIA. This resolution authorized the acceptance of a Deed of Gift from the Robinson-Bruton Recreation Association (RBRA) and authorized the City Manager to execute any documents necessary to effectuate the transaction. A request was received from the RBRA for the City to accept property as a gift. The RBRA owned 235 and 221 Benns Road, totaling approximately 1.2 acres. After acceptance, the property would be used by the Department of Parks, Recreation & Tourism for neighborhood park purposes. The City Manager recommended approval.
Motion to adoption of the resolution 11. Receipt of Bid for Utility Easement - 15198 Warwick Boulevard (Stoney Run Recreation Center) Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution 11. Receipt of Bid for Utility Easement - 15198 Warwick Boulevard (Stoney Run Recreation Center) (Approved) (Recorded at 01:02:38)
F. Appropriations
1. Fire Department - Virginia Department of Fire Programs Grant - For Two Smart Boards - $9,895
A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE – ST - TRNG MINI – GRANT – 09 ($9,895.00) TO EQUIPMENT – OTHER ($9,895.00). This resolution appropriated $9,895.00 from FY 2010 State Revenue to the Fire Department. The Fire Department received a grant award from the Virginia Department of Fire Programs. The funding was to be used to purchase two (2) Smart Boards for the Fire Training Center. No local grant match was required by the State. The City Manager recommended approval.
2. Fire Department - Virginia Department of Emergency Management FY2010 Grant Funds - For Hazardous Materials Response Team Equipment - $30,000
A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE – HAZ MAT TEAM FY10 ($30,000.00) TO MACHINERY & EQUIPMENT ($30,000.00). This resolution appropriated $30,000.00 from FY2010 State Revenue to the Fire Department. The Fire Department received annual grant funds in the amount of $30,000.00 from the Virginia Department of Emergency Management for FY2010. The funding was restricted for use in supporting the Newport News Fire Department Regional Hazardous Material Response Team. The State did not require local grant match funding The City Manager recommended approval.
3. Police Department - U.S. Department of Justice Grant - For Use by the Criminal Justice Agency, Community Services Board and Newport News Police for Vehicles, Equipment, and Support - $1,039,801
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($1,039,801.00) TO CONTRACTUAL SERVICES – HAMPTON/NEWPORT NEWS CRIMINAL JUSTICE AGENCY ($127,431.00), CONTRACTUAL SERVICES – COMMUNITY SERVICES BOARD/DRUG COURT ($64,370.00) AND EQUIPMENT OTHER ($848,000.00). This resolution appropriated funds from the Department of Justice, Bureau of Justice Assistance, to the Police Department for use by the Hampton-Newport News Criminal Justice Agency, the Hampton-Newport News Community Services Board and the Police Department. The City received a grant funding to be shared with the Hampton-Newport News Criminal Justice Agency, the Hampton-Newport News Community Services Board and the Police Department. The Hampton-Newport News Criminal Justice Agency utilized $127,431 to fund one pre-trial case manager, one local probation officer, and a portion of the salary for one intake technician. The Hampton-Newport News Community Services Board utilized $64,370 for probation supervision for mental health evaluations and services for their drug court participants. The Police Department utilized $848,000 to purchase marked police vehicles, mobile data computers, and mobile radios. No local match was required. The City Manager recommended approval.
4. Engineering Department - Stoney Run Recreation Center Phase I Project - $1,550,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2010 BONDS AUTHORIZED AND UNISSUED – PUBLIC BUILDINGS ($1,550,000.00 TO STONEY RUN RECREATION CENTER – PHASE I ($1,550,000.00). This resolution appropriated $1,550,000.00 from the FY 2010 Bond Authorization within the Public Buildings category 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/burial and site work. The intersection improvements, which would 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/burials and certain other infrastructure improvements, which would expedite the construction of the facility. Funding for this phase of the project would come from the FY 2010 Bond Authorization within the Public Buildings Category. The appropriation included a 5% contingency request. The City’s FY 2010 Bond Authorization that allowed for capital project appropriations from the approved CIP was $31 million. Of this amount, $11,394,000 was designated for Public Buildings. Approval of this resolution left a balance of $9,844,000.00 in this category. The City Manager recommended approval.
5. Libraries and Information Services Department - Neisser Bequest for Main Street Library - $38,188
A RESOLUTION APPROPRIATING FUNDS FROM INTEREST REVENUE ($38,188.00) TO NEISSER BEQUEST ($38,188.00). This resolution appropriated $38,188.00 of the interest earned in FY 2009 from the Neisser Bequest. On April 12, 2005, Dr. Herbert H. Neisser left a bequest of approximately $2 million to the Main Street Library. Guidelines stated that 85% of the interest earned each year was to be used for projects that directly benefited the Main Street Library, with the remaining 15% returned to the endowment. Funds would be used to continue the preservation/conservation work of the Virginiana Room of the Main Street Library, continued funding of data bases for the Herbert Neisser Information Center, to purchase furniture for the adult s eating area of the Main Street Library, and to fund the Neisser Speaker series. No local funding was required. The City Manager recommended approval.
6. Libraries and Information Services Department - Gates Opportunity Online Hardware Grant for New Public Computers - $2,600
A RESOLUTION APPROPRIATING FUNDS FROM LOCAL REVENUE ($1,300.00) AND STATE REVENUE ($1,300.00) TO OPPORTUNITY ONLINE HARWARE GRANT ($2,600.00). This resolution appropriated $1,300.00 from the City’s Grant Match and $1,300.00 from State Revenue for the Gates Opportunity Online Hardware Grant. The Library System received a grant award of $1,300 for the second year of a grant from the Bill and Melinda Gates Foundation through the Library of Virginia. The purpose of the grant was to improve technology access in libraries serving low-income patrons. The funding would be used to purchase three public computers for the West Avenue Library. A local match of $1,300 was required and was taken from the General Fund Grant Match. The City Manager recommended approval.
7. Public Works Department - FY2009 Capital Improvements Plan Funding for Major Building Renovations and Repairs - $1,415,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2010 BONDS AUTHORIZED AND UNISSUED – PUBLIC BUILDINGS ($1,415,000.00) TO MAJOR RENOVATIONS AND REPAIRS ($1,415,000.00). This resolution appropriated $1,415,000.00 from the Public Buildings category in the FY 2009 Capital Improvements Plan (CIP) for major renovations and repairs. As a result of the CIP freeze in FY 2009, many public building renovation projects were deferred. The allocation of funding was as follows: (1) Roof Replacements – Denbigh Municipal Annex ($155,000) and Warwick Recreation Center ($165,000); (2) Cooling Tower Replacements – Public Safety Building ($150,000) and Juvenile and Domestic Relations Court ($65,000); and (3) Replacement of Air Handling Units – Pearl Bailey Library ($200,000) and City Hall ($200,000). Funding for public building renovation and repairs was available in the City’s FY 2009 CIP. The City’s FY 2009 Bond Authorization that allowed appropriations from the approved CIP was $30,000,000, with $4,000,000 allocated for Public Building Capital Projects. The City Manager recommended approval.
8. Police Department - FY2010 Capital Improvements Plan Funding for Public Safety/Public Services P25 Radio Subscriber Upgrade - $1,000,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2010 BONDS AUTHORIZED AND UNISSUED – EQUIPMENT ($1,000,000.00) TO P25 RADIO SUBSCRIBER UPGRADE ($1,000,000.00). This resolution appropriated $1,000,000.00 from the Equipment category in the FY 2010 Capital Improvements Plan (CIP) for Public Safety/Public Service P25 Radio Subscriber Upgrade. The City’s multi-year CIP included funding for the upgrade and replacement of Public Service/Public Safety radios with P25 compliant radios. P25 radios allowed interoperable capability with neighboring communities. A separate, but related process, one directed by the Federal Communications Commission, involved the re-banding of existing City mobile radios by Nextel. This directive required Nextel to pay for a low-end replacement radio which satisfied the re-banding component, but did not provide for the P24 upgrade. This funding allowed the City to leverage the re-banding funding provided by Nextel, with CIP funding, to procure over 800 new P25 compliant radios and save the City over $1 million dollars in acquisition costs. Funding for the Public Safety/Public Service P25 Radio Subscriber Upgrade was available in the City’s FY 2010 Capital Improvements Plan. The City’s FY 2010 Bond Authorization that allowed appropriations from the approved CIP was $30,000,000. Of this amount, $1,280,000 was designated for Equipment Projects. Approval of this resolution reduced the FY 2010 Bond Authorization by $1,000,000 from $28,450,000 to $27,450,000, and the amount available in this category from $1,280,000 to $280,000. The City Manager recommended approval.
Motion to adoption of appropriation F. Appropriations Moved by Scott, seconded by Vick.
Vote to adoption of appropriation F. Appropriations (Approved) (Recorded at 01:08:03)
G. Citizen Comments on Matters Germane to the Business of City Council
Mr. Milton Lyon, 216 Milstead Road, NN, addressed City Council with regard to the Lee Hall Depot Relocation Ceremony, scheduled for 9/09/2009, 11:15 a.m., Elmhurst Street, NN. The Hon. Glen Oder will provide keynote address for the ceremony. Other speakers on the agenda. MM will be MC. Refreshments provided at the Historic Boxwood Inn.
Alan Witt, 605 Riverside Drive, NN, addressed Council about the dismissal of City Manager Randy Hildebrandt. Reminded of their role as Council members.
Mayra R. Creed, 240 Darrington Ct., NN, addressed Council re the dismissal of City Manager, Randy Hildebrandt. Credited him for his vision. Urge that he be allowed to finish his tenure as CM.
Dr. McKinley Price, 938 Shore Drive, NN, thanked Mayor for his years of service to the City. Appointed. by Governor to Va. Economic Partnership. Feels business wants to continue to do business because of the strong leadership.
Effie Ashe, 4301Madison Avenue, NN, addressed Council regarding the stability of the City. Indicated there needed to be some stability in the City. City has been the envy. Asked Council to reconsider the CM and allow him to finish his contract.
Walter Segaloff, addressed Council re the future management of the City of NN.
Walter Segaloff addressed Council re the dismissal of the CM and the message being sent to the business community. Asked Council to reconsider its decision to dismiss CM Randy Hildebrandt. Asked them to reconsider.
Sharyn Fox, 358 Woodduck Lane, NN, expressed support for the continuation of the CM contract of Randy Hildebrandt.
Ramona Claybourne, Lighthouse for Women, stop demolition of Homeless Shelter. on 16th Street.
Charlotte Saylor, Lighthouse for Women, asked Council to donate the Homeless Shelter to the Lighthouse for Women. Petition submitted to members of Council.
Sheriff Gabe Morgan, expressed support for CM Randy Hildebrandt. Asked Council to reconsider its decision to dismiss the City Manager. Credited him for making tough decisions. Thanked him for 31 years of service. Thanked Mayor for his service.
Daniel Curran, 10835 Warwick Boulevard, expressed support for CM Randy Hildebrandt. Advised that petition would be presented to City Council prior to 8/25/2009. Asked Council to reconsider decision to dismiss CM.
James Roudicil, addressed Council re homeless citizens and their plight. He requested City Council order the CM to cease destroying possessions of the homeless.
Fabiola Curran, expressed disagreement with firing of CM Randy Hildebrandt.
James Maylor, addressed Council re moped ordinance and speed limit requirements. Asked that the law be repealed.
Royden Goodsen, President, Warwick Plumbing & Heating, asked CC to reconsider dismissal of CM Randy Hildebrandt.
John Procyson, addressed Council on subsidy to Marriott Hotel, plans to expand City Center, City Farm, failed projects, i.e. Continental, Wolseley,
Chris Henderson, addressed Council re dismissal of CM Randy Hildebrandt and stability of the City. Asked Council reconsider its decision to dismiss CM until after next election.
Carol Hogge, 3 Gay Drive, congratulated female members for decision to dismiss CM Randy Hildebrandt. Advocated for rebuilding of Deep Creek Pier.
Rev. Reginald C. Woodhouse, representing Clergy and members of SE community, expressed support for CM Randy Hildebrandt, Asked
John O'Neill, commented on injustice done by dismissing CM RWH. Asked Council reconsider its decision to dismiss CM.
Jesus Lizarzabrew, expressed support for CM RWH. Asked that Council reconsider its decision to dismiss CM.
Michael F. Carpenter, 19 Oakland Drive, NN, requested that Council be reminded of stability for the City.
C. W. Powell, addressed Council regarding the Deep Creek Pier.
Joann Minarik, 114 Linbrook Drive, NN, addressed Council re "name calling". Applauded female members of Council for taking a stand to look at the issues.
John Gergeley, addressed Council re speed limit on Warwick Blvd. near CNU.
Lamont Curtis, 358 Wood Duck Lane, NN, addressed Council re negative actions.
Kelly Place, Waller Mill Road, Williamsburg, congratulated members on Council. Commented that newer members, which happen to be female, had good vision.
Robert Yancey, asking that Council hold its decision to dismiss CM RWH and conduct further due diligence.
Claude Jones, 42 Milford Rd, NN, commented he was glad CM. was gone.
H. New Business and Councilmember Comments
Councilwoman Sharon Scott, responded to Mr. Curran's comments about her. She reiterated her comments about comments being shared to the public made in the Closed Meeting pertaining to CM performance evaluation. Shared success of "Field of Friends" event. Announced Town Hall Meeting to be held on 8/24/09, 7 p.m. Extended condolences to Lorraine Jackson and family on the passing of her son.
Councilwoman Vick, expressed disappointment that Closed Session discussion was divulged to the public. Doing the best for the people. Reminded that Special Clean-up in collaboration with CNU to clean up the City. Field of Friends on August 22, 2009 at AAD.
Vice Mayor Whitaker commented that he had no problem with the CM. He felt he was doing a great job. Felt he got a "raw deal."
Councilwoman Woodbury congratulated members for their remarks. Felt discussion in a closed meeting should not have been divulged to the public. City $1 billion in debt. Tough decisions have to be made. She has done her research on the issues. Had confidence her colleagues had done that. Felt citizens needed to get all of the facts. Complimented Menchville Monarchs Baseball Team.
Councilman Bateman shared observations about the CM. Disagreed with his colleagues about their decision, but respected their decision. City needs to move forward and work with each other. CM Randy Hildebrandt served the City honorably.
Mayor Frank stated government worked best when citizens were involved. Expressed appreciation for the citizens who shared their comments at the meeting. Urged citizens to stay involved. This would be the beginning of effective process where citizens got involved in the direction of the City. Expressed support for CM, and felt he did an outstanding job. Grateful for the support shown. Thanked everyone for their support and feeling of goodwill since he made his announcement not to seek re-election.
Councilwoman McMillan encouraged citizens to the ceremony at the Lee Hall Depot, Denbigh Day and the SE Community Day Parade and Festival.
Adjourn
Aug 11, 2009 Regular City Council Meeting
Full agenda
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Presentations
1. Proclamation: National Alcohol and Drug Addiction Recovery Month - September 2009
2. Resolution of Recognition: Jeffery Henderson
3. Resolution of Recognition: Menchville High School Boys’ Baseball Team, "The Monarchs," and Coach Phil Forbes
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation was rendered by Reverend A. Maurice Russell, Ivy Baptist Church.
B. Pledge of Allegiance to the Flag of the United States of America
The Pledge of Allegiance to the Flag of the United States of America was led by Councilwoman Sharon P. Scott.
C. Public Hearings
1. General Obligation General Improvement Bonds Issuance - $31,000,000
AN ORDINANCE AUTHORIZING THE ISSUANCE OF NOT TO EXCEED THIRTY-ONE MILLION DOLLARS ($31,000,000) PRINCIPAL AMOUNT OF CITY OF NEWPORT NEWS, VIRGINIA, GENERAL OBLIGATION GENERAL IMPROVEMENT BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO PAY THE COSTS OF VARIOUS PUBLIC IMPROVEMENT PROJECTS OF AND FOR THE CITY AND NOT TOE EXCEED FORTY MILLION DOLLARS ($40,000,000) PR INCIPAL AMOUNT OF CITY OF NEWPORT NEWS, VIRGINIA, GENERAL OBLIGATION GENERAL IMPROVEMENT REFUNDING BONDS AND/OR GENERAL OBLIGATION WATER REFUNDING BONDS FOR THE PURPOSE OF PROVIDIGN FUNDS TO REFUND IN ADVANCE OF THEIR STATED MATURITIES AND REDEEM CERTAIN OUTSTANDING GENERAL OBLIGATION WATER BONDS OF SUCH CITY; AUTHORIZING THE SALE OF SUCH BONDS; FIXING THE FORM, FOR THE SALE OF SUCH BONDS AND DELEGATING TO THE CITY MANAGER CERTAIN POWERS WITH RESPECT THERETO, INCLUDING THE POWER TO SELECT THE UNDERWRITERS THEREFOR; AUTHORIZING THE CITY TO ENTER INTO ONE OR MORE PURCHASE CONTRACATS BY AND BETWEEN THE CITY AND THE UNDERWRITERS RELATING TO SUCH BONDS; AUTHORIZNG THE CITY MANAGER TO EXECUTE AND DELIVER SUCH PURCHASE CONTRACTS; AUTHORIZING THE PREPARATION AND DELIVERY OF A PRELIMINARY OFFICIAL STATEMENT AND A FINAL OFFICIAL STATEMETN RELATING TO THE BONDS; AUTHORIZING THE CITY MANAGER TO EXECUTE AND DELIVER A CONTINUING DISCLOSURE CERTIFICATE OR A CONTINUING DISCLOSURE AGREEMENT RELATING TO THE BONDS; AUTHORIZING AMD [RPVODOMG FPR THE OSSIAMCE AMD SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION GENERAL IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH GENERAL OBLIGATION GENERAL IMPROVEMENT BONDS; AUTHORIZING THE APPOINTMENT OF AN ESCROW AGENT; AUTHORIZING THE EXECUTION AND ELIVERY OF AN ESCROW DEPOSIT AGREEMENT BY AND BETWEEN THE CITY AND SUCH ESCROW AGENT AND THE PURCHASE OF THE SECURITIES TO BE HELD THEREUNDER; AND AUTHORIZING THE DESIGNATION OF THE REFUNDED BONDS FOR REDEMPTION. This ordinance authorized the City to contract a debt and issue General Obligation General Improvement Bonds of $31,000,000 to finance the costs of various public improvement projects. This ordinance authorized funding for the projects in the City’s FY 2010 Capital Improvements Plan, with additional funding of $2 million for the DEQ Consent Order and $3.7 million in funding for previous project-driven appropriations. An additional $1 million was added to the $30 million authorization to allow the City the flexibility to issue discount bonds if market conditions, at the time of the sale, indicate that this was the best financing option. The ordinance included the customary authorization to issue Bond Anticipation Notes prior to the sale of the bonds, should cash flow or market conditions dictate the use of such notes. This ordinance also included additional language to issue all or a portion of the bonds as taxable Build America Bonds. The ordinance authorized the refinancing of up to $40 million in existing General Obligation Bonds. The $30 million of net bonds proceeds were allocated to the nine different categories identified in the CIP. The City Manager recommended approval.
Mr. Stewart Fleming inquired about the collateral that stood behind the bond issue. He felt real estate values were over exaggerated and should not be used as collateral for the bond issue.
Motion to closure of the public hearing 1. General Obligation General Improvement Bonds Issuance - $31,000,000 Moved by Whitaker, seconded by McMillan.
Vote to closure of the public hearing 1. General Obligation General Improvement Bonds Issuance - $31,000,000 (Approved)
Motion to adoption of the ordinance 1. General Obligation General Improvement Bonds Issuance - $31,000,000 Moved by McMillan, seconded by Whitaker.
Vote to adoption of the ordinance 1. General Obligation General Improvement Bonds Issuance - $31,000,000 (Approved)
2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXIX., NONCONFORMING USES, SECTION 45-2902, RECONSTRUCTION. This ordinance amended Section 45-2902 of the City’s zoning ordinance consistent with changes to the Code of Virginia that amended the reconstruction of nonconforming uses. The amendment addressed the reconstruction of a nonconforming use if it was destroyed by an accidental fire. The amendment did not permit the reconstruction of a nonconforming use if the fire that destroyed the use was caused by arson committed by the property owner. The Planning Commission voted unanimously (8:0) to recommend to City Council the adoption of this amendment. The City Manager concurred with the recommendation.
Motion to closure of the public hearing 2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses Moved by Whitaker, seconded by Vick.
Vote to closure of the public hearing 2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses (Approved)
Motion to adoption of the ordinance 2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses Moved by Scott, seconded by Whitaker.
Vote to adoption of the ordinance 2. Zoning Text Amendment - City of Newport News - ZT-09-276, for Conformance with Code of Virginia Nonconforming Uses (Approved)
3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 45, ZONING ORDINANCE, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXXII., BOARD OF ZONING APPEALS, SECTION 45-3203, PROCEDURE FOR REVIEW AND APPROVAL OF VARIANCES. This ordinance amended Section 45-3203 of the City’s Zoning Ordinance consistent with changes to the Code of Virginia that amended the Board of Zoning Appeals Hardship provision. The amendment removed the wording “approaching confiscation” by which a hardship for a variance was defined. Removing the language was consistent with the Virginia Code and would improve an applicant’s ability to secure a variance. The Planning Commission voted unanimously (8:0) to recommend to City Council the adoption of this amendment. The City Manager concurred with the recommendation.
Motion to closure of the public hearing 3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision Moved by Vick, seconded by Scott.
Vote to closure of the public hearing 3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision (Approved) (Recorded at 00:43:46)
Motion to adoption of the ordinance 3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision Moved by Vick, seconded by Bateman.
Vote to adoption of the ordinance 3. Zoning Text Amendment - City of Newport News - ZT-09-277, for Conformance with Code of Virginia, Board of Zoning Appeals Hardship Provision (Approved) (Recorded at 00:44:12)
4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 15, ELECTIONS, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., VOTING PRECINCTS, SECTION 15-47, VOTING PLACES IN RESPECTIVE VOTING PRECINCTS. This ordinance changed the names, but not the locations, of three polling places. The Newport News Public School System changed the names of three schools. The names of the polling locations were (1) Dunbar-Erwin Elementary School to An Achievable Dream Academy; (2) Reservoir Middle School to Denbigh Early Childhood Center; and (3) Watkins Elementary School to Watkins Early Childhood Center. The physical locations of the polling places were not changed, and there was no need to notify voters about obtaining new voter identification cards. The City Manager concurred with the recommendation.
Motion to closure of the public hearing 4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations Moved by Scott, seconded by Vick.
Vote to closure of the public hearing 4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations (Approved) (Recorded at 00:45:49)
Motion to adoption of the ordinance 4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations Moved by Scott, seconded by Vick.
Vote to adoption of the ordinance 4. Ordinance Amending City Code, Chapter 15, Election, Article I, Voting Precincts, Section 15-47, to Rename Voting Locations (Approved)
D. Consent Agenda
1. Minutes of the Work Session of July 14, 2009
2. Minutes of the Special Meeting of July 14, 2009
3. Minutes of the Regular Meeting of July 14, 2009
4. Resolution Authorizing Lease Renewal with Virginia Department of Historic Resources for Warwick Courthouse, Second Floor Office Space
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 RENEWAL OF LEASE FOR 1,100 SQUARE FEET OF SPACE AT 14415 OLD COURTHOUSE WAY BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND COMMONWEALTH OF VIRGINIA, FOR USE BY THE DEPARTMENT OF HISTORIC RESOURCES, DATED THE 11TH DAY OF AUGUST, 2009. This resolution allowed the City Manager to renew the lease agreement with the Virginia Department of Historic Resources (VDHR) for the second floor office space in the Warwick Courthouse. The five-year lease agreement was established in September, 2004 and would expire on September 15, 2009. The agreement allowed for a five-year renewal/extension at the discretion of the City. VDHR requested that the City renew the agreements for the additional five-year period. The extended agreement would be under the same conditions and terms as the original lease. While VDHR did not pay for the leased space, their presence provided benefits through increased visibility/publicity of City preservation efforts, convenient onsite technical support, and free staffing/historical interpretation of the Warwick Courthouse and adjacent buildings. The City Manager recommended approval.
This item was removed from the Consent Agenda for discussion by City Council at a future Work Session.
5. Ordinance Amending City Code, Chapter 2, Administration of Self-Insurance Funds, Division 3: Rules Applicable to Both Funds; to cover Constitutional Officers' Employees Driving City Vehicles
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE XXXVI., ADMINISTRATION OF SELF-INSURANCE FUNDS, DIVISION 3., RULES APPLICABLE TO BOTH FUNDS, SECTION 2-751, DEFINITIONS GENERALLY. This ordinance amended and Chapter 2, Administration, of the City Code to cover Constitutional Officers’ employees driving City vehicles. The first amendment to the ordinance was to specify the limits of coverage for employees of Constitutional Officers. The Vehicle Use Policy permitted the use of City vehicles by employees of the Constitutional Officers, and the amendment would explicitly state that these employees were covered under the City’s Self-Insurance provisions. The amendment to the ordinance clarified that when employees of Constitutional Officers were using their personal vehicles on City business, even with proper authorization, they would not be covered under the City’s insurance. These amendments were consistent with prior and current practice. The ordinance amendment made it explicit, what was previously only implied, that such employees of Constitutional Officers were excluded from any coverage whatsoever under the General Liability Fund. The City Manager recommended approval.
6. Resolution Authorizing Amendment No. 2 of the Lease Agreement between the EDA and the City for Department of Human Services' Office Space in Rouse Towers
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT ENWS, VIRGINIA, THAT CERTAIN ADDENDUM TWO TO AGREEMENT OF LEASE BY AND BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE CITY OF NEWPORT NEWS, VIRGINIA, DATED THE 11TH DAY OF AUGUST, 2009. This resolution authorized amendment No. 2 to the Lease Agreement between the City and the EDA, to increase the total rentable square feet in Rouse Tower to 102,417 square feet, for use by the Department of Human Services, and to authorize the City Manager to execute any addenda necessary. The Department of Human Services sought an additional 2,206 square feet of leased space in the Rouse Tower Building to provide a multi-purpose, on-site meeting and training room, and additional storage space. This action was consistent with the City Council directive to the EDA in 2005 to acquire, renovate, operate and lease Rouse Tower as the centralized operations center for the Department of Human Services. The additional lease expense for FY 2010 was $34,145.21, of which the City would be reimbursed 33% by the Virginia Department of Human Services. The City Manager recommended approval.
Motion to adoption of consent agenda D. Consent Agenda with the exception of Item 4. Moved by Bateman, seconded by Scott.
Vote to adoption of consent agenda D. Consent Agenda with the exception of Item 4. (Approved)
E. Other City Council Actions
1. Ordinance Amending FY2010 Operating Budget Ordinance for Adjustments to Public Utilities’ Revenues
AN ORDINANCE TO AMEND ORDINANCE NO. 6588-09 FOR THE APPROVAL OF THE BUDGET AND APPROPRIATE FUNDS TO OPEATE THE CITY OF NEWPORT NEWS FOR THE FISCAL YEAR BEGINNING JULY 1, 2009, AND ENDING JUNE 30, 2010, INCLUSIVE. This ordinance amended the City’s Fiscal Year 2010 Public Utilities budget to reflect additional revenue generated by increasing the fire hydrant fee. Because City Council did not approve most of the recommended fee increases, the FY 2010 Operating Budget for Waterworks was amended to reduce appropriations to $80,102,000. This amended Budget incorporated the $149,396 generated by City Council’s subsequent increase in the fire hydrant fees. As explained in the City Manager’s July 22, 2009 memorandum, the FY 2010 Operating Budget for the Public Utilities Enterprise Fund was balanced by these measures: (1) Applying the total $1.9 million in one-time savings from the refinancing of water general obligations bonds to FY 2010 debt service appropriations; (2) Reducing cash capital spending by an additional 22%; (3) Repaying the VRA property acquisition loan for the King William Reservoir Project to reduce interest payments; and (4) Reducing operating expenses by an additional 6% and maintaining the equivalent of 30 full-time positions vacant for the entire fiscal year. The City Manager recommended approval.
Motion to adoption of the ordinance 1. Ordinance Amending FY2010 Operating Budget Ordinance for Adjustments to Public Utilities' Revenues Moved by McMillan, seconded by Bateman.
Vote to adoption of the ordinance 1. Ordinance Amending FY2010 Operating Budget Ordinance for Adjustments to Public Utilities' Revenues (Approved) (Recorded at 00:49:23)
2. Resolution Appropriating Funds for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE, AMERICAN RECOVERY & REINVESTMENT ACT, CITYWIDE SIGNAL RE-TIMING ($350,000.00) TO ARRA – CITY WIDE SIGNAL SYSTEM RE-TIMING ($350,000.00). This resolution appropriated funds for the American Recovery and Reinvestment Act of 2009 (ARRA) – Citywide Signal System Re-Timing. The City of Newport News was successful in obtaining approval for additional funds in the amount of $350,000.00 from the American Recovery and Reinvestment Act of 2009 (ARRA) funds for the purpose of the ARRA – Citywide Signal System Re-Timing Project. This was a City administered project which would retime traffic signals citywide to reduce travel times for citizens throughout the community. Funding was 100% reimbursable from Federal funds through the Virginia Department of Transportation (VDOT). The City was responsible for front-funding the project until it was complete and Federal reimbursements were received. There was no direct cost to the City other than the staff time to administer the project. The City Manager recommended approval.
Motion to adoption of the resolution 2. Resolution Appropriating Funds for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project Moved by Scott, seconded by McMillan.
Vote to adoption of the resolution 2. Resolution Appropriating Funds for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project (Approved) (Recorded at 00:50:42)
3. Programming Resolution for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project Funding from VDOT
A RESOLUTION REQUESTING PROGRAMMING OF A PROJECT SUBJEC TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (ARRA) PROJECT FUNDING FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE ARRA – CITYWIDE SIGNAL SYSTEM RETIMING. This resolution authorized the City Manager to execute the Agreement for the American Recovery and Reinvestment Act of 2009 (ARRA) – Citywide Signal System Retiming. A programming resolution was required by Virginia Department of Transportation (VDOT) to establish the funding for the ARRA – Citywide Signal System Retiming Project. This City administered project would retime traffic signals Citywide to provide for better travel times for citizens throughout the City. The City Manager recommended approval.
Motion to adoption of the resolution 3. Programming Resolution for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project Funding from VDOT Moved by Bateman, seconded by McMillan.
Vote to adoption of the resolution 3. Programming Resolution for the American Recovery and Reinvestment Act of 2009 (ARRA) - Citywide Signal System Re-Timing Project Funding from VDOT (Approved) (Recorded at 00:51:14)
4. Resolution Appropriating FY2009 Capital Improvement Plan Funds for the Canon Boulevard Sewer Trunk Line Improvements Project
A RESOLUTION APPROPRIATING FUNDS FROM FY 2009 BONDS AUTHORIZED AND ISSUED – SEWER EXTENSION ($480,000.00) TO CANON BOULEVARD SEWER TRUNK LINE IMPROVEMENTS ($480,000.00). This resolution appropriated $480,000.00 from the Sewer Extension category of the FY 2009 CIP for the Canon Boulevard Sewer Trunk Line Improvements Project. The existing sanitary sewer was surcharged and flowing at capacity. This upgrade was required to provide additional sanitary sewer capacity to support the continuing development in the Oyster Point area. The project proposed the installation of a large parallel sanitary sewer along Canon Boulevard from Town Center Drive to Thimble Shoals Boulevard in a grassy area, between the road and the drainage ditch, to correct this deficiency. The appropriation of $480,000.00 from the Sewer Extension category of the FY 2009 CIP covered the contact costs, plus a 5% contingency. The City Manager recommended approval.
Motion to adoption of the resolution 4. Resolution Appropriating FY2009 Capital Improvement Plan Funds for the Canon Boulevard Sewer Trunk Line Improvements Project Moved by Whitaker, seconded by Scott.
Vote to adoption of the resolution 4. Resolution Appropriating FY2009 Capital Improvement Plan Funds for the Canon Boulevard Sewer Trunk Line Improvements Project (Approved) (Recorded at 00:52:15)
5. Award of Bid for the Canon Boulevard Sewer Trunk Line Improvements Project
Award of bid for the Canon Boulevard Sewer Trunk Line Improvements Project to Basic Construction Company, LLC.Basic Construction Company, LLC, was the low bidder on this project at $454,131.00. Basic Construction had performed well on similar contracts for the City of Newport News and was recommended for award of the project. The City Manager recommended approval.
Motion to award a bid to 5. Award of Bid for the Canon Boulevard Sewer Trunk Line Improvements Project Moved by Scott, seconded by Bateman.
Vote to award a bid to 5. Award of Bid for the Canon Boulevard Sewer Trunk Line Improvements Project (Approved)
6. Resolution Appropriating the Virginia Commission for the Arts Local Government Challenge Grant
A RESOLUTION APPROPRIATING FUNDS FROM VA COMMISSION FOR THE ARTS, LOCAL GOVERNMENT CHALLENGE GRANT ($5,000.00) TO VA COMMI- SSION FOR THE ARTS GRANT, SUPPORT FOR THE PERFORMING ARTS ($5,000.00). This resolution appropriated $5,000.00 of State Grant Revenue from the Virginia Commission for the Arts for allocation by the City to local performing and fine arts organizations. The Virginia Commission for the Arts awarded the City a $5,000.00 Local Government Challenge Grant. These grant funds would be utilized in conjunction with the $175,302.00 approved in the City’s FY 2010 Operating Budget for support for the Performing Arts to award individual grants to eligible performing and find arts organizations. Matching funds were budgeted in the FY 2010 Operating Budget. The City Manager recommended approval.
Motion to adoption of the resolution 6. Resolution Appropriating the Virginia Commission for the Arts Local Government Challenge Grant Moved by Woodbury, seconded by McMillan.
Vote to adoption of the resolution 6. Resolution Appropriating the Virginia Commission for the Arts Local Government Challenge Grant (Approved) (Recorded at 00:53:54)
7. Resolution Approving Specific Grant Awards by the Newport News Arts Commission
A RESOLUTION APPROVING SPECIFIC GRANT AWARDS TO VARIOUS LOCAL PERFORMING AND FINE ARTS ORGANIZATIONS. This resolution approved specific grant awards to various local performing and fine arts organizations in accordance with recommendations from the Newport News Arts Commission. Through an annual competitive application process, the Newport News Arts Commission made recommendations to City Council for the allocation of City and State grant funds to various local performing and fine arts organizations. The combined funding of City and Stage grants available for Fiscal Year 2010 was $180,302.00. City Council approved $175,302.00 in the FY 2010 Operating Budget for Support to Performing Arts. This amount provided the local match required for the $5,000 Virginia Commission for the Arts Grant recommended for appropriation under separate action. The City Manager recommended approval.
Motion to adoption of the resolution 7. Resolution Approving Specific Grant Awards by the Newport News Arts Commission Moved by Woodbury, seconded by Scott.
Vote to adoption of the resolution 7. Resolution Approving Specific Grant Awards by the Newport News Arts Commission (Approved) (Recorded at 00:54:47)
8. Resolution Authorizing the Application for Virginia Department of Transportation FY2010 Revenue Sharing Program Funds for the Huntington Avenue Bridge Replacement
A RESOLUTION SUPPORTING AN APPLICATION TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) FOR AN ALLOCATION OF $600,000 THROUGH THE VDOT REVENUE SHARING PROGRAM FOR FY 2010 FOR THE “HUNTINGTON AVENUE BRIDGE REPLACEMENT PROJECT OVER THE NEWPORT NEWS SHIPYARD RAILROAD SPUR.” This resolution authorized the application for up to $600,000.00 in the VDOT FY 2010 Revenue Sharing Program Funds for the replacement of the Huntington Avenue Bridge over Northrop Grumman Shipbuilding Newport News between 41st Street and 39th Street. The Huntington Avenue (Route 60) Bridge was 109 years old, 56 feet long, and was classified as functionally obsolete. The bridge replacement was a much needed project and met the requirements to qualify for State funds. The estimated cost of the project was $1.2 million. Should the City be successful in receiving these Revenue Sharing funds, the City would be reimbursed 50% of its cost up to $600,000. The City must bear all costs in excess of $1.2 million. The City Manager recommended approval.
Motion to adoption of the resolution 8. Resolution Authorizing the Application for Virginia Department of Transportation FY2010 Revenue Sharing Program Funds for the Huntington Avenue Bridge Replacement Moved by Whitaker, seconded by Vick.
Vote to adoption of the resolution 8. Resolution Authorizing the Application for Virginia Department of Transportation FY2010 Revenue Sharing Program Funds for the Huntington Avenue Bridge Replacement (Approved) (Recorded at 00:56:27)
9. Resolution Appropriating Funds for the James City Service Authority (JCSA) Emergency Interconnection Project
A RESOLUTION APPROPRIATING FUNDS FROM GENERAL OBLIGATION WATER BONDS ($252,400.00) TO ENGINEERING SERVICES ($24,903.00), CONSTRUCTION ($197,789.00) AND CONTINGENCY ($29,708.00). This resolution appropriated $252,400 for construction and engineering services to install an emergency interconnection between the Lightfoot Water System and the James City Service Authority. Newport News Waterworks owns and operates the Lightfoot Water System in the northern part of York County. In December 2008, City Council approved an agreement with James City Service Authority (JCSA) for JCSA to provide water to the Lightfoot system. An 8-inch diameter interconnection between James City Service Authority and Lightfoot Water System was designed and bid. Funds needed to be appropriated for the engineering and construction costs. The City Manager recommended approval.
Motion to adoption of the resolution 9. Resolution Appropriating Funds for the James City Service Authority (JCSA) Emergency Interconnection Project Moved by Whitaker, seconded by Bateman.
Vote to adoption of the resolution 9. Resolution Appropriating Funds for the James City Service Authority (JCSA) Emergency Interconnection Project (Approved) (Recorded at 00:58:24)
10. Award of Bid for the James City Service Authority (JCSA) Emergency Interconnection Project
Award of bid for the JCSA Emergency Interconnection Project to Toano Contractors, Inc. An invitation for construction bids was advertised June 21, 2009 and July 14, 2009. Eight bids were received by AES Consulting Engineers, ranging from $447,948, with Toano Contractors submitting the lowest bid for $197,789. Toano Contractors had successfully performed work for the City of Williamsburg, HRSD, and numerous private entities, and was licensed by the Virginia Board of Contractors as a Class A Contractor. The City Manager recommended approval.
Motion to award a bid to 10. Award of Bid for the James City Service Authority (JCSA) Emergency Interconnection Project Moved by Vick, seconded by Whitaker.
Vote to award a bid to 10. Award of Bid for the James City Service Authority (JCSA) Emergency Interconnection Project (Approved) (Recorded at 00:59:18)
11. Receipt of Bid for Utility Easement - 15198 Warwick Boulevard (Stoney Run Recreation Center)
Receipt of bid(s) for the grant of a non-exclusive 20-foot easement over City-owned property at 15198 Warwick Boulevard and forwarded to the City Manager for review and evaluation. This proposed grant of utility easement was advertised pursuant to State Code requirements pertaining to such trans-actions that were for a term greater than five years. A request to receive bids was advertised in the Daily Press on July 27, 2009 and August 3, 2009. The project would construct a 50,000square foot recreation center to include a northbound taper and right-turn radius from Warwick Boulevard onto Curtis Tignor Road. The taper and right-turn radius required relocation of overhead wires and cabling lines. As part of the project, the City requested utility companies to bury underground, all of their overhead lines for the length of the property, as a component of the required relocation. A public hearing was advertised for the September 8, 2009 Regular Meeting of City Council to consider the ordinance that would grant the actual easements to the successful bidder. No Council action was necessary at this meeting.
One bid received from Dominion Va. Power. Fwded to CM for evaluation,
12. Resolution Authorizing Acceptance of Deed of Gift for Property from Robinson-Bruton Recreation Association
A RESOLUTION AUTHORIZNG AND DIRECTING THE CITY MANAGER TO ACCEPT, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, A DONATION OF REAL PROPERTY LOCATED AT 221 AND 235 BENNS ROAD IN THE CITY OF NEWPORT NEWS, VIRGINIA. This resolution authorized the acceptance of a Deed of Gift from the Robinson-Bruton Recreation Association (RBRA) and authorized the City Manager to execute any documents necessary to effectuate the transaction. A request was received from the RBRA for the City to accept property as a gift. The RBRA owned 235 and 221 Benns Road, totaling approximately 1.2 acres. After acceptance, the property would be used by the Department of Parks, Recreation & Tourism for neighborhood park purposes. The City Manager recommended approval.
Motion to adoption of the resolution 11. Receipt of Bid for Utility Easement - 15198 Warwick Boulevard (Stoney Run Recreation Center) Moved by Bateman, seconded by Whitaker.
Vote to adoption of the resolution 11. Receipt of Bid for Utility Easement - 15198 Warwick Boulevard (Stoney Run Recreation Center) (Approved) (Recorded at 01:02:38)
F. Appropriations
1. Fire Department - Virginia Department of Fire Programs Grant - For Two Smart Boards - $9,895
A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE – ST - TRNG MINI – GRANT – 09 ($9,895.00) TO EQUIPMENT – OTHER ($9,895.00). This resolution appropriated $9,895.00 from FY 2010 State Revenue to the Fire Department. The Fire Department received a grant award from the Virginia Department of Fire Programs. The funding was to be used to purchase two (2) Smart Boards for the Fire Training Center. No local grant match was required by the State. The City Manager recommended approval.
2. Fire Department - Virginia Department of Emergency Management FY2010 Grant Funds - For Hazardous Materials Response Team Equipment - $30,000
A RESOLUTION APPROPRIATING FUNDS FROM STATE REVENUE – HAZ MAT TEAM FY10 ($30,000.00) TO MACHINERY & EQUIPMENT ($30,000.00). This resolution appropriated $30,000.00 from FY2010 State Revenue to the Fire Department. The Fire Department received annual grant funds in the amount of $30,000.00 from the Virginia Department of Emergency Management for FY2010. The funding was restricted for use in supporting the Newport News Fire Department Regional Hazardous Material Response Team. The State did not require local grant match funding The City Manager recommended approval.
3. Police Department - U.S. Department of Justice Grant - For Use by the Criminal Justice Agency, Community Services Board and Newport News Police for Vehicles, Equipment, and Support - $1,039,801
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL REVENUE ($1,039,801.00) TO CONTRACTUAL SERVICES – HAMPTON/NEWPORT NEWS CRIMINAL JUSTICE AGENCY ($127,431.00), CONTRACTUAL SERVICES – COMMUNITY SERVICES BOARD/DRUG COURT ($64,370.00) AND EQUIPMENT OTHER ($848,000.00). This resolution appropriated funds from the Department of Justice, Bureau of Justice Assistance, to the Police Department for use by the Hampton-Newport News Criminal Justice Agency, the Hampton-Newport News Community Services Board and the Police Department. The City received a grant funding to be shared with the Hampton-Newport News Criminal Justice Agency, the Hampton-Newport News Community Services Board and the Police Department. The Hampton-Newport News Criminal Justice Agency utilized $127,431 to fund one pre-trial case manager, one local probation officer, and a portion of the salary for one intake technician. The Hampton-Newport News Community Services Board utilized $64,370 for probation supervision for mental health evaluations and services for their drug court participants. The Police Department utilized $848,000 to purchase marked police vehicles, mobile data computers, and mobile radios. No local match was required. The City Manager recommended approval.
4. Engineering Department - Stoney Run Recreation Center Phase I Project - $1,550,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2010 BONDS AUTHORIZED AND UNISSUED – PUBLIC BUILDINGS ($1,550,000.00 TO STONEY RUN RECREATION CENTER – PHASE I ($1,550,000.00). This resolution appropriated $1,550,000.00 from the FY 2010 Bond Authorization within the Public Buildings category 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/burial and site work. The intersection improvements, which would 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/burials and certain other infrastructure improvements, which would expedite the construction of the facility. Funding for this phase of the project would come from the FY 2010 Bond Authorization within the Public Buildings Category. The appropriation included a 5% contingency request. The City’s FY 2010 Bond Authorization that allowed for capital project appropriations from the approved CIP was $31 million. Of this amount, $11,394,000 was designated for Public Buildings. Approval of this resolution left a balance of $9,844,000.00 in this category. The City Manager recommended approval.
5. Libraries and Information Services Department - Neisser Bequest for Main Street Library - $38,188
A RESOLUTION APPROPRIATING FUNDS FROM INTEREST REVENUE ($38,188.00) TO NEISSER BEQUEST ($38,188.00). This resolution appropriated $38,188.00 of the interest earned in FY 2009 from the Neisser Bequest. On April 12, 2005, Dr. Herbert H. Neisser left a bequest of approximately $2 million to the Main Street Library. Guidelines stated that 85% of the interest earned each year was to be used for projects that directly benefited the Main Street Library, with the remaining 15% returned to the endowment. Funds would be used to continue the preservation/conservation work of the Virginiana Room of the Main Street Library, continued funding of data bases for the Herbert Neisser Information Center, to purchase furniture for the adult s eating area of the Main Street Library, and to fund the Neisser Speaker series. No local funding was required. The City Manager recommended approval.
6. Libraries and Information Services Department - Gates Opportunity Online Hardware Grant for New Public Computers - $2,600
A RESOLUTION APPROPRIATING FUNDS FROM LOCAL REVENUE ($1,300.00) AND STATE REVENUE ($1,300.00) TO OPPORTUNITY ONLINE HARWARE GRANT ($2,600.00). This resolution appropriated $1,300.00 from the City’s Grant Match and $1,300.00 from State Revenue for the Gates Opportunity Online Hardware Grant. The Library System received a grant award of $1,300 for the second year of a grant from the Bill and Melinda Gates Foundation through the Library of Virginia. The purpose of the grant was to improve technology access in libraries serving low-income patrons. The funding would be used to purchase three public computers for the West Avenue Library. A local match of $1,300 was required and was taken from the General Fund Grant Match. The City Manager recommended approval.
7. Public Works Department - FY2009 Capital Improvements Plan Funding for Major Building Renovations and Repairs - $1,415,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2010 BONDS AUTHORIZED AND UNISSUED – PUBLIC BUILDINGS ($1,415,000.00) TO MAJOR RENOVATIONS AND REPAIRS ($1,415,000.00). This resolution appropriated $1,415,000.00 from the Public Buildings category in the FY 2009 Capital Improvements Plan (CIP) for major renovations and repairs. As a result of the CIP freeze in FY 2009, many public building renovation projects were deferred. The allocation of funding was as follows: (1) Roof Replacements – Denbigh Municipal Annex ($155,000) and Warwick Recreation Center ($165,000); (2) Cooling Tower Replacements – Public Safety Building ($150,000) and Juvenile and Domestic Relations Court ($65,000); and (3) Replacement of Air Handling Units – Pearl Bailey Library ($200,000) and City Hall ($200,000). Funding for public building renovation and repairs was available in the City’s FY 2009 CIP. The City’s FY 2009 Bond Authorization that allowed appropriations from the approved CIP was $30,000,000, with $4,000,000 allocated for Public Building Capital Projects. The City Manager recommended approval.
8. Police Department - FY2010 Capital Improvements Plan Funding for Public Safety/Public Services P25 Radio Subscriber Upgrade - $1,000,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2010 BONDS AUTHORIZED AND UNISSUED – EQUIPMENT ($1,000,000.00) TO P25 RADIO SUBSCRIBER UPGRADE ($1,000,000.00). This resolution appropriated $1,000,000.00 from the Equipment category in the FY 2010 Capital Improvements Plan (CIP) for Public Safety/Public Service P25 Radio Subscriber Upgrade. The City’s multi-year CIP included funding for the upgrade and replacement of Public Service/Public Safety radios with P25 compliant radios. P25 radios allowed interoperable capability with neighboring communities. A separate, but related process, one directed by the Federal Communications Commission, involved the re-banding of existing City mobile radios by Nextel. This directive required Nextel to pay for a low-end replacement radio which satisfied the re-banding component, but did not provide for the P24 upgrade. This funding allowed the City to leverage the re-banding funding provided by Nextel, with CIP funding, to procure over 800 new P25 compliant radios and save the City over $1 million dollars in acquisition costs. Funding for the Public Safety/Public Service P25 Radio Subscriber Upgrade was available in the City’s FY 2010 Capital Improvements Plan. The City’s FY 2010 Bond Authorization that allowed appropriations from the approved CIP was $30,000,000. Of this amount, $1,280,000 was designated for Equipment Projects. Approval of this resolution reduced the FY 2010 Bond Authorization by $1,000,000 from $28,450,000 to $27,450,000, and the amount available in this category from $1,280,000 to $280,000. The City Manager recommended approval.
Motion to adoption of appropriation F. Appropriations Moved by Scott, seconded by Vick.
Vote to adoption of appropriation F. Appropriations (Approved) (Recorded at 01:08:03)
G. Citizen Comments on Matters Germane to the Business of City Council
Mr. Milton Lyon, 216 Milstead Road, NN, addressed City Council with regard to the Lee Hall Depot Relocation Ceremony, scheduled for 9/09/2009, 11:15 a.m., Elmhurst Street, NN. The Hon. Glen Oder will provide keynote address for the ceremony. Other speakers on the agenda. MM will be MC. Refreshments provided at the Historic Boxwood Inn.
Alan Witt, 605 Riverside Drive, NN, addressed Council about the dismissal of City Manager Randy Hildebrandt. Reminded of their role as Council members.
Mayra R. Creed, 240 Darrington Ct., NN, addressed Council re the dismissal of City Manager, Randy Hildebrandt. Credited him for his vision. Urge that he be allowed to finish his tenure as CM.
Dr. McKinley Price, 938 Shore Drive, NN, thanked Mayor for his years of service to the City. Appointed. by Governor to Va. Economic Partnership. Feels business wants to continue to do business because of the strong leadership.
Effie Ashe, 4301Madison Avenue, NN, addressed Council regarding the stability of the City. Indicated there needed to be some stability in the City. City has been the envy. Asked Council to reconsider the CM and allow him to finish his contract.
Walter Segaloff, addressed Council re the future management of the City of NN.
Walter Segaloff addressed Council re the dismissal of the CM and the message being sent to the business community. Asked Council to reconsider its decision to dismiss CM Randy Hildebrandt. Asked them to reconsider.
Sharyn Fox, 358 Woodduck Lane, NN, expressed support for the continuation of the CM contract of Randy Hildebrandt.
Ramona Claybourne, Lighthouse for Women, stop demolition of Homeless Shelter. on 16th Street.
Charlotte Saylor, Lighthouse for Women, asked Council to donate the Homeless Shelter to the Lighthouse for Women. Petition submitted to members of Council.
Sheriff Gabe Morgan, expressed support for CM Randy Hildebrandt. Asked Council to reconsider its decision to dismiss the City Manager. Credited him for making tough decisions. Thanked him for 31 years of service. Thanked Mayor for his service.
Daniel Curran, 10835 Warwick Boulevard, expressed support for CM Randy Hildebrandt. Advised that petition would be presented to City Council prior to 8/25/2009. Asked Council to reconsider decision to dismiss CM.
James Roudicil, addressed Council re homeless citizens and their plight. He requested City Council order the CM to cease destroying possessions of the homeless.
Fabiola Curran, expressed disagreement with firing of CM Randy Hildebrandt.
James Maylor, addressed Council re moped ordinance and speed limit requirements. Asked that the law be repealed.
Royden Goodsen, President, Warwick Plumbing & Heating, asked CC to reconsider dismissal of CM Randy Hildebrandt.
John Procyson, addressed Council on subsidy to Marriott Hotel, plans to expand City Center, City Farm, failed projects, i.e. Continental, Wolseley,
Chris Henderson, addressed Council re dismissal of CM Randy Hildebrandt and stability of the City. Asked Council reconsider its decision to dismiss CM until after next election.
Carol Hogge, 3 Gay Drive, congratulated female members for decision to dismiss CM Randy Hildebrandt. Advocated for rebuilding of Deep Creek Pier.
Rev. Reginald C. Woodhouse, representing Clergy and members of SE community, expressed support for CM Randy Hildebrandt, Asked
John O'Neill, commented on injustice done by dismissing CM RWH. Asked Council reconsider its decision to dismiss CM.
Jesus Lizarzabrew, expressed support for CM RWH. Asked that Council reconsider its decision to dismiss CM.
Michael F. Carpenter, 19 Oakland Drive, NN, requested that Council be reminded of stability for the City.
C. W. Powell, addressed Council regarding the Deep Creek Pier.
Joann Minarik, 114 Linbrook Drive, NN, addressed Council re "name calling". Applauded female members of Council for taking a stand to look at the issues.
John Gergeley, addressed Council re speed limit on Warwick Blvd. near CNU.
Lamont Curtis, 358 Wood Duck Lane, NN, addressed Council re negative actions.
Kelly Place, Waller Mill Road, Williamsburg, congratulated members on Council. Commented that newer members, which happen to be female, had good vision.
Robert Yancey, asking that Council hold its decision to dismiss CM RWH and conduct further due diligence.
Claude Jones, 42 Milford Rd, NN, commented he was glad CM. was gone.
H. New Business and Councilmember Comments
Councilwoman Sharon Scott, responded to Mr. Curran's comments about her. She reiterated her comments about comments being shared to the public made in the Closed Meeting pertaining to CM performance evaluation. Shared success of "Field of Friends" event. Announced Town Hall Meeting to be held on 8/24/09, 7 p.m. Extended condolences to Lorraine Jackson and family on the passing of her son.
Councilwoman Vick, expressed disappointment that Closed Session discussion was divulged to the public. Doing the best for the people. Reminded that Special Clean-up in collaboration with CNU to clean up the City. Field of Friends on August 22, 2009 at AAD.
Vice Mayor Whitaker commented that he had no problem with the CM. He felt he was doing a great job. Felt he got a "raw deal."
Councilwoman Woodbury congratulated members for their remarks. Felt discussion in a closed meeting should not have been divulged to the public. City $1 billion in debt. Tough decisions have to be made. She has done her research on the issues. Had confidence her colleagues had done that. Felt citizens needed to get all of the facts. Complimented Menchville Monarchs Baseball Team.
Councilman Bateman shared observations about the CM. Disagreed with his colleagues about their decision, but respected their decision. City needs to move forward and work with each other. CM Randy Hildebrandt served the City honorably.
Mayor Frank stated government worked best when citizens were involved. Expressed appreciation for the citizens who shared their comments at the meeting. Urged citizens to stay involved. This would be the beginning of effective process where citizens got involved in the direction of the City. Expressed support for CM, and felt he did an outstanding job. Grateful for the support shown. Thanked everyone for their support and feeling of goodwill since he made his announcement not to seek re-election.
Councilwoman McMillan encouraged citizens to the ceremony at the Lee Hall Depot, Denbigh Day and the SE Community Day Parade and Festival.
Adjourn
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