Video index
Presentations
A. Proclamation: National Community Planning Month – October
B. Presentation: APA’s Great Places in America: Neighborhoods – 2009 Hilton Village
C. Proclamation: Lights on Afterschool Day – October 22, 2009
D. Presentation: “Kids for K9s” to the Newport News Sheriff’s Office/K9 Vader and his handler, Corporal Wayne Hill
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation was rendered by Reverend Clyde DeLoach,Christ United Methodist 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 Dr. Patricia P. Woodbury.
C. Public Hearings
1. Comprehensive Plan Amendment, PLN-09-01 – The Marshall Avenue Land Use Study
A RESOLUTION APPROVING PLN-09-01, AND THEREBY APPROVING THE MARSHALL AVENUE LAND USE STUDY AS AN AMENDMENT TO THE COMPREHENSIVE PLAN, FRAMEWORK FOR THE FUTURE 2030, FOR THE CITY OF NEWPORT NEWS. This resolution adopted the Marshall Avenue Land Use Study as an amendment to the Comprehensive Plan. The Marshall Avenue Land Use Study was authorized by the Planning Commission following a request by SLN 5100, L.P. to change the community facilities designation to medium density residential for the former Newport News General Hospital site to permit the development of an apartment community. The Study includes the area bounded by An Achievable Dream High School, Russell Court, Roanoke Avenue, Copeland Industrial Park and Marshall Avenue. It includes 5100 Marshall Avenue, the former Newport News General Hospital site, and vacant City-owned properties at 5560 and 5570 Marshall Avenue. The Study evaluates the existing uses within the study area and general vicinity and recommends low density residential and community facilities for the majority of properties within the study areas as identified in the Framework for the Future 2030: Comprehensive Plan. The Planning Commission voted 8:1 to recommend to Council the adoption of the Study with an amendment to change areas recommended for urban residential to low density residential to permit single-family development and open space on properties at 5100 and 5560 Marshall Avenue.ority of properties within the study area as identified in the Framework for the Future 2030: Comprehensive Plan. The Acting City Manager recommends approval.
Mr. Victor Albea, 112 Park Avenue, NN, member of the Planning Commission, was in support of amending the Plan to allow low density single family housing.
Ms. Gloria DeLoatch, 700 Waterfront Circle, Newport News, suggested that inclusionary zoning be used. Agrees with Ms. Wilds. Feels the Plan should be amended.
Mr. Phil Bomersheim, 311 Chesapeake Ave., Newport News, urged Council to support the Acting City Manager's recommendation, allowing urban residential housing. Single Family Housing would ease the transition.
Ms. Diane Mabary, 905 Russell Court, NN, advocated for single family homes.
Mr. David Harris, 631 46th Street, NN, advocated for single family homes, allowing for freedom of enjoyment.
Motion to adoption of the resolution - Moved by Vick, seconded by Bateman.
Vote to adoption of the resolution - (Approved)
Vice Mayor Whitaker advocated for single family homes. He stated that single family homes was an investment. It deterred crime. Referenced apartments that had once sat on the site, and was infested with crime and drugs. Apartments would not work. Want people to live decently, giving young people a chance.
Councilwoman Vick stated there was a misnomer. It was not public housing. This project could not be compared to Chantilly and Woodsong Apartments. NNRHA would be building single family homes adjacent to the apartments. There would be a mixture of housing projects. Did not want people to believe apartments brought crime.
Councilwoman Scott stated that this project led credibility for this location.
Councilman Bateman stated this project made sense, and would make a good development. Would vote for this project. Felt it would be a good project.
Councilwoman Woodbury expressed support for the project.
Mayor Frank felt this would be an asset to the community. There was not adequate housing in Newport News. The project was well designed. No similar project exists in the neighborhood. Beyond apartments, single family housing would provide a mix in the SE community.
Vice Mayor Whitaker indicated his comments were misconstrued. Cannot mix single family homes with apartments.
Motion to adoption of the resolution - Moved by Vick, seconded by Woodbury.
Vote to adoption of the resolution - (Approved)
D. Consent Agenda
1. Minutes of the Work Session of September 22, 2009
2. Minutes of the Special Meeting of September 22, 2009
3. Minutes of the Regular Meeting of September 22, 2009
4. Resolution of Recognition: Christine Mignogna
A RESOLUTION OF RECOGNITION FOR CHRISTINE MIGNOGNA, FOR BEING NAMED THE 2009 CERTIFIED ZONING ADMINISTRATOR OF THE YEAR BY THE VIRGINIA ASSOCIATION OF ZONING OFFICIALS. The Virginia Association of Zoning Officials, created in 1990, was one of the first organizations in the United States devoted to providing the highest quality training and certification requirements for all land use professionals. The Certified Zoning Administrator of the Year Award is awarded to the Zoning Administrator who has best demonstrated consistency in the interpretation and enforcement of local zoning ordinances and Virginia law. Christine Mignogna has dedicated 29 years of service to the City of Newport News and currently holds the position of Zoning Administrator in the Department of Codes Compliance. As Certified Zoning Administrator of the Year, Christine Mignogna has been recognized by her peers for her long standing commitment and dedication to providing the highest level of service to the City. The Acting City Manager recommends approval.
5. Resolution of Recognition: Commander David W. Alldridge and the Crew of the USS Newport News
A RESOLUTION OF RECOGNITION FOR COMMANDER DAVID W. ALLDRIDGE AND THE CREW OF THE USS NEWPORT NEWS ON THE 20TH ANNIVERSARY OF THE SHIP’S COMMISSIONING. The USS Newport News, a nuclear attack submarine, was commissioned in June of 1989, after being constructed by the Newport News Shipbuilding and Dry Dock Company. This submarine is the eighth vessel to bear the City’s name, and the third to see naval service. The USS Newport News is highly decorated and its motto, Magni Nominus Umbra (“in the shadow of a great name”), links the ship to the City. The Acting City Manager recommends approval.
6. Resolution Authorizing an Amendment to the Disposal Services Agreement with USA Waste of Virginia Landfills, Inc. (referred to as Waste Management) for Storm Debris
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AMENDMENT TO THE DISPOSAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND USA WASTE LANDFILS OF VIRGINIA, INC. (FORMERLY SANIFILL OF VIRGINIA, INC.) DATED THE 1ST DAY OF SEPTEMBER, 2009. In 1996, the City entered into a 30-year Disposal Services Agreement with USA Waste of Virginia Landfills, Inc., which allows for the disposal of all of the City’s solid waste. The current Agreement does not clearly state that all debris includes storm debris. The City’s current practice is for contractors to put storm debris at City-owned and managed Temporary Debris Storage and Reduction (TDSR) sites until the debris is reduced and moved to the landfill, which is costly. The Amendment specifies that storm debris is included in the original agreement and affords the City the convenience of delivering it in a single move from the point of collection to its final disposal destination. This process will expedite clean-up and be less costly to the City, as it eliminates the need for City-owned and managed temporary sites. The Acting City Manager recommends approval.
7. Resolution Requesting the State Board of Corrections (BOC) to Approve an Updated Planning Study and a 25% Reimbursement of Expenditures
A RESOLUTION REQUESTING THE STATE BOARD OF CORRECTIONS (BOC) TO APPROVE AN UPDATED PLANNING STUDY AND A 25% REIMBURSEMENT OF ADDITIONAL CONSTRUCTION COSTS FOR LIFE SAFETY MPROVEMENTS. This request to the BOC to officially approve the updated Planning Study for life safety improvements will put the City in the position of being eligible for reimbursement of the total eligible cost of the project. Council has previously appropriated funds for phases one and two of this project. The Public Safety Building (Jail) currently houses more prisoner inmates than the building was originally designed to house, and this project is intended to renovate the jail, particularly, in terms of life, health and safety. The Acting City Manager recommends approval.
Motion to adoption of consent agenda - Moved by Bateman, seconded by Scott.
Vote to adoption of consent agenda - (Approved)
E. Other City Council Actions
1. Change of Zoning, Kingsway Management Company, LLC., CZ-09-266, to R9 Mixed Use District with Amended Proffers
AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, "ZONING DISTRICT MAP" (CONSISTING OF REAL ESTATE TAX ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF THE SAID ORDINANCE NO. 5028-97. This Ordinance will change the zoning of 2.60 acres, loted at 501 Kingsway Drive, from R9 Mixed Use with proffers to R9 with revised proffers. On September 8 and September 22, 2009, Council deferred action on the request to provide the applicant an opportunity to clarify proffer #10 by specifying the number of rental and condominium units proposed in the project. The applicant has revised proffer #10 to specifically state that all of the dwelling units will be apartments for rent and not condominiums. The revised proffers will allow the applicant to redesign the proposed apartment building to accommodate larger three bedroom units, increasing the number of units from 36 to 48, and replacing retail space with office space and live/work units. The Planning Commission voted unanimously 8:0 to recommend to Council the approval of the change of zoning with revised proffers. The Acting City Manager recommends approval.
Motion to adoption of the resolution - Moved by Woodbury, seconded by Vick.
Vote to adoption of the resolution - (Approved)
2. Ordinance Authorizing Real Property Tax Exemption – Christian Village of Eastern Virginia, Inc.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., GENERAL PROVISIONS AND EXEMPTIONS, DIVISION 3., PROPERTY EXEMPTED BY DESIGNATION, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 40-8.08, PROPERTY OF CHRISTIAN VILLAGE OF EASTERN VIRGINIA, INC. This ordinance amended Chapter 40, Taxation, Article I, General Provisions and Exemptions, Division 3, Property Excempted by Designation, by adding Section 40-8.08, Property of Christian Village of Eastern Virginia, Inc. On September 8, Council deferred action on this item, as requested by the Acting City Manager. The property, located at 38 Forrest Drive, consists of a 43-unit apartment complex, on 3.01 acres, and used exclusively for charitable and benevolent purposes on a non-profit basis. The property is a U.S. Department of Housing and Urban Development project, which receives the benefit of capital advances and project rental assistance under Section 202. Although it apparently meets the legal requirements to be considered for real estate tax exempt status, we have never before granted such status to a large residential apartment complex. The loss of tax revenue and cost of services for such a complex are significant issues. The Acting City Manager does not recommend approval.
Motion to denial of the ordinance - Moved by Bateman, seconded by Woodbury.
Vote to denial of the ordinance - (Approved)
3. Resolution Appropriating $1,210,000 from the 2009 Virginia Revolving Loan Fund (VLRF) for the Pump Station No. 44 Renovation Project
A RESOLUTION APPROPRIATING FUNDS FROM 2009 VIRGINIA REVOLVING LOAN FUND TO PUMP STATON NO. 44 RENOVATION PROJECT. This resolution will appropriate $1,210,000 from the 2009 Virginia Revolving Loan Fund (VRLF) for the Pump Station No. 44 Renovation Project. The existing sewage pump station is unable to pump increased flows against ultimate high HRSD head pressures. This upgrade is required to accommodate continuing development in the service area and modernization requirement. The project proposes the demolition and reconstruction of the existing pump station, the installation of larger pump motors, controls, and electrical service. Flow monitoring equipment required for the regional consent order work is also included in this project. The proposed appropriation of $1,210,000 from the City’s 2009 Virginia Revolving Loan Fund (VRLF) covers the contract costs, plus a 5% contingency. The Acting City Manager recommends approval.
Motion to adoption of the resolution - Moved by Vick, seconded by Scott.
Vote to adoption of the resolution - (Approved)
4. Award of Bid for the Pump Station No. 44 Renovation Project
A REQUEST TO APPROVE BY MOTION, THE AWARD OF A BID TO R.E.W. CORPORATION, FOR THE PUMP STATION NO. 44 RENOVATION PROJECT.R.E.W. Corporation was the low bidder on this project at $1,149,230. R.E.W. Corporation has performed well on similar contracts for the City of Newport News and is recommended for award of the project. The Acting City Manager recommends approval.
Motion to award a bid to R.E.W. Corporation. Moved by Vick, seconded by Scott.
Vote to award a bid to R.E.W. Corporation. (Approved)
5. Ordinance Approving Extension of a Sublease of Parcel 8A, Newport News Seafood Industrial Park from Davis Boat Works, Inc. to Virginia Natural Gas
AN ORDINANCE OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING EXTENSION OF A SUBLEASE OF PARCEL 8A, NEWPORT NEWS SEAFOOD INDUSTRIAL PARK FROM DAVIS BOAT WORKS, INC. TO VIRGINIA NATURAL GAS, INC. This ordinance will extend a sublease of Parcel 8A, Newport News Seafood Industrial Park from Davis Boat Works, Inc. to Virginia Natural Gas, Inc. A request has been received from Davis Boat Works, Inc., for Council to approve a two-month extension of the existing sublease with Virginia Natural Gas, Inc. The original sublease, under conditions set forth in Ordinance No. 6450-08, had an initial term of fifteen (15) months, beginning in February 2008, with an option to extend for an additional period not to exceed six (6) months, and the period for this current option will expire October 31, 2009. The Ordinance allows for the requested two-month extension, from November 1, 2009 to December 31, 2009 and authorizes two additional two-month extensions. All aspects of the existing sublease will remain the same. The Acting City Manager recommends approval.
Motion to adoption of the ordinance - Moved by Woodbury, seconded by Vick.
Vote to adoption of the ordinance - (Approved)
6. Resolution Appropriating $492,315 for Costs Associated with an Agreement between the City of Newport News and the Virginia Department of Transportation (VDOT) for the Fort Eustis Boulevard Improvements Project
A RESOLUTION APPROPRIATING FUNDS FROM GENERAL OBLIGATION BOND PROCEEDS TO VDOT-FORT EUSTIS BOULEVARD IMPROVEMENTS AND PROJECT CONTINGENCY. This resolution would appropriate $492,315 from costs associated with an agreement bwtween the City of Newport News and the Virignia Department of Transportation (VDOT) for Project No. 0105-965-F02, C-502, Fort Eustis Boulevard Improvements from Jefferson Avenue to Route 17. This project will widen Fort Eustis Boulevard between Jefferson Avenue and Route 17, from an existing two-lane roadway to a four-lane divided roadway and will improve existing intersections and private driveway entrances located within project limits. The standard City-State Agreement identifies the responsibilities of VDOT and Waterworks. A portion of the work is a betterment to Waterworks with the remainder at project cost. Major construction activity of the Agreement is the installation of 11,000 feet of 12-inch water main throughout the project corridor where no waterline currently exists. The total cost to Waterworks is estimated at $492,315 to be appropriated from proceeds from Public Utilities General Obligation Water Bonds. The agreement indicates Waterworks’ betterment cost as a percentage of total water adjustment cost (74.3%). The Acting City Manager recommends approval.
Motion to adoption of the resolution - Moved by Scott, seconded by Bateman.
Vote to adoption of the resolution - (Approved)
7. Ordinance Authorizing the Acting City Manager to Execute the Agreement with VDOT for the Fort Eustis Boulevard Improvements Project
AN ORDINANCE AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, DATED THE 11TH DAY OF AUGUST, 2009, FOR ADJUSTMENT OF WATER FACILITIES FOR FORT EUSTIS BOULEVARD IMPROVEMENTS FROM JEFFERSON AVENUE TO ROUTE 17. This was a request to authorize the Acting City Manager to execute an agreement between the City of Newport News and VDOT for Project No. 0105-065-FO2, C-502, Fort Eustis Boulevard Improvements from Jefferson Avenue to Route 17. The Agreement requires a duly authorized officer to sign and execute all documents necessary to effectuate the transaction. Waterworks is requesting that the Acting City Manager execute the Agreement between the City and VDOT for Fort Eustis Boulevard Improvements from Jefferson Avenue to Route 17. The Acting City Manager recommends approval.
Motion to adoption of the ordinance - Moved by Scott, seconded by Bateman.
Vote to adoption of the ordinance - (Approved)
8. Resolution Terminating the King William Reservoir Project
A RESOLUTION OF THE NEWPORT NEWS CITY COUNCIL TERMINATING THE KING WILLIAM RESERVOIR PROJECT. This authorizes ttermination of Consulting Contracts, Intergovernmental Agreements and the withdraw of project permits for the King William Reservoir project. At the September 22, 2009 work session, Council confirmed its intention to officially terminate the King William Reservoir project. In accordance with your direction and the recommendations contained in the September 9, 2009, King William Reservoir Water Supply Program Implementation Assessment, the City Attorney has prepared the resolution that will provide the necessary authorization for the City to initiate termination of consulting contracts, intergovernmental agreements, and the withdrawal of project permits. The specific details of these authorizations are contained in the resolution. Arrangements are being made for the repayment of the $20 million VRA loan, and formal action by Council will be requested in the next several months. A re-appropriation of funds by Council is projected by the end of the year to reallocate funds targeted for the King William Reservoir Project. The Acting City Manager recommends approval.
Motion to adoption of the resolution - Moved by Bateman, seconded by Woodbury.
Vote to adoption of the resolution - (Approved)
F. Appropriations
1. Newport News Public School (NNPS) District – FY 2010 Capital Improvement Project (CIP) – $4,730,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2010 BONDS AUHTORIZED AND UNISSUED - SCHOOLS (44,730,000) TO MENCHVILLE HIGH & CRITTENDEN MIDDLE SCHOOL ROOF REPAIRS ($4,350,000) AND DESIGN SERVICES ($380,000). This resolution appropriated $4,730,000 from FY 201 Bonds authorized and Unissued for various capital renovation projects. The NNPS District is requesting this funding appropriation, which was approved in the FY 2010 Capital Improvements Plan. The $4,730,000 appropriation will be designated for: Menchville High School Roof – $3,840,000; Crittenden Middle School Roof – $510,000; and Design Services – $380,000. The City’s FY 2010 Bond Authorization that allows appropriations from the approved CIP is $30,000,000, of which $5,335,000 is designated for School Division Capital Projects. Approval of this appropriation will reduce the amount available in this category to $605,000. The Acting City Manager recommends approval.
2. City of Newport News – 2009 Virginia Neighborhood Stabilization Program (NSP) Grant Funds – $700,000
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL NEIGHBORHOOD STABILIZATION PROGRAM - 10 ($700,000) TO CONTRACTUAL SERVICES ($700,000). This resolution appropriated $700,000 from FY 2009 Virginia Neighborhood Stabilization Program ($700,000) grant funds, awarded from the Virginia Department of Housing and Community Development. On March 24, 2009, Council authorized staff to apply to the Virginia Department of Housing and Community Development for NSP funds. The funds were awarded to the City and will be utilized in the Southeast Community to acquire and rehabilitate foreclosed and/or abandoned properties for resale to qualified homebuyers. The grant funds will be administered for the City by the Newport News Redevelopment and Housing Authority (NNRHA). No local match required. The Acting City Manager recommends approval.
3. City of Newport News – Homelessness Prevention and Rapid Re-Housing (HPRP) Grant Funds – $659,087
A RESOLUTION APPROPRIATING FUNDS FROM AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 - HOMELESSNESS PREVENTION AND RAPID RE-HOUSING ($659,087.00) TO CONTRACTUAL SERVICES ($659,087.00). This resolution appropriated $659,087 in Homelessness Prevention and Rapid Re-Housing Grant Funds, Awarded from the U.S. Department of Urban Development. Council authorized staff to submit a substantial amendment to the 2008-09 Consolidated Plan for Housing and Community Development Annual Action Plan to HUD and request HPRP funding. The $659,087 approved and allocated by HUD, must be utilized to prevent homelessness or to rapidly re-house those that are homeless. The appropriated funds will be subcontracted out to nonprofit agencies, as a result of an RFP process that provides services to homeless persons and families. The grant funds will be administered for the City by the Newport News Redevelopment and Housing Authority (NNRHA). No local match required. The Acting City Manager recommends approval.
4. City of Newport News – Community Development Block Grant Recovery (CDBG-R) Program Funding – $430,989
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT-R-10 ($430,989) TO CONTRACTUAL SERVICES ($430,989). This is a request to approve a resolution appropropriating $430,989 in Community Development Block Grant Recovery (CDBG-R) Program Funding, awarded from the U.S. Department of Houisng and Urban Development. Council authorized staff to submit a substantial amendment to the 2008-09 Consolidated Plan for Housing and Community Development Annual Action Plan to HUD and request HPRP funding. The $430,989 approved and allocated by HUD, must be utilized to undertake eligible CDBG activities. The appropriated funds will be utilized to expand an existing program for rehabilitation of homes in the Southeast Community for sale to qualified homebuyers. The grant funds will be administered for the City by the Newport News Redevelopment and Housing Authority (NNRHA). No local match required. The Acting City Manager recommends approval.
Motion to adoption of appropriation - Moved by Scott, seconded by Vick.
Vote to adoption of appropriation - (Approved)
G. Citizen Comments on Matters Germane to the Business of City Council
Rev. James Rudisill advocating for the homeless.
Mr. Ben Burbic,
Mr. Ben Burbic, 136 Terri Beth Place, NN, President of Local 794, Fund Raisers. Collected over 750 lbs of food for Food Bank of Va. Peninsula. Donated $250. Addressed turmoil in the NNFD. Asked meet with Council to discuss issues in detail.
Mr. Daniel Curran, President of 431 Group. Addressed Council on the noise ordinance.
Mr. A. C. Pulliam, Jr. 239 Falcon Drive, NN, commented on trash collection. Who paid for the road to nowhere (behind Bally's). Tree limbs hanging too low. Hope Council was working to lower citizens taxes and their assessments.
Ms. Sherry Taylor, shared example of mixed use development in the SE community. She commented on the quality of school lunches. Commented on Healthier Lunches in the Schools.
*H. New Business and Councilmember Comments
Dr. Woodbury commended Sherry Taylor for addressing childhood obesity. Attended Grin & Grow Garden at Riverview Farm Park.
Councilman Bateman commended Chief James Fox for the presentation at the Work Session.
Mayor Frank commended NNFD for getting stimulus money for new fire house, which frees up money to move the Richneck Rd. project ahead. Happy Belated Birthday to SPS.
Councilwoman McMillan congratulated Eric Kempf, NNPD, for receipt of his award "Top Cop."
Councilwoman Scott thanked everyone for attending her birthday party and Local 794. Appreciated the donations. Thanked Mike at Beef O'Brady's. Oct. 26 next Town Hall Meeting at 7 p.m. 8th year for Holiday Food Drive Party. Thanked Local 794 for their donation.
TLV. Empowerment Summit on Oct. 15th, 8 a.m.
PPW Forum for those running for office 5:30 sponsored by SCLC on Thurs.
Adjourn
Oct 13, 2009 Regular City Council Meeting
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Presentations
A. Proclamation: National Community Planning Month – October
B. Presentation: APA’s Great Places in America: Neighborhoods – 2009 Hilton Village
C. Proclamation: Lights on Afterschool Day – October 22, 2009
D. Presentation: “Kids for K9s” to the Newport News Sheriff’s Office/K9 Vader and his handler, Corporal Wayne Hill
Call to Order
Roll call (7 Present, 0 Absent, 0 Excused)
A. Invocation
The invocation was rendered by Reverend Clyde DeLoach,Christ United Methodist 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 Dr. Patricia P. Woodbury.
C. Public Hearings
1. Comprehensive Plan Amendment, PLN-09-01 – The Marshall Avenue Land Use Study
A RESOLUTION APPROVING PLN-09-01, AND THEREBY APPROVING THE MARSHALL AVENUE LAND USE STUDY AS AN AMENDMENT TO THE COMPREHENSIVE PLAN, FRAMEWORK FOR THE FUTURE 2030, FOR THE CITY OF NEWPORT NEWS. This resolution adopted the Marshall Avenue Land Use Study as an amendment to the Comprehensive Plan. The Marshall Avenue Land Use Study was authorized by the Planning Commission following a request by SLN 5100, L.P. to change the community facilities designation to medium density residential for the former Newport News General Hospital site to permit the development of an apartment community. The Study includes the area bounded by An Achievable Dream High School, Russell Court, Roanoke Avenue, Copeland Industrial Park and Marshall Avenue. It includes 5100 Marshall Avenue, the former Newport News General Hospital site, and vacant City-owned properties at 5560 and 5570 Marshall Avenue. The Study evaluates the existing uses within the study area and general vicinity and recommends low density residential and community facilities for the majority of properties within the study areas as identified in the Framework for the Future 2030: Comprehensive Plan. The Planning Commission voted 8:1 to recommend to Council the adoption of the Study with an amendment to change areas recommended for urban residential to low density residential to permit single-family development and open space on properties at 5100 and 5560 Marshall Avenue.ority of properties within the study area as identified in the Framework for the Future 2030: Comprehensive Plan. The Acting City Manager recommends approval.
Mr. Victor Albea, 112 Park Avenue, NN, member of the Planning Commission, was in support of amending the Plan to allow low density single family housing.
Ms. Gloria DeLoatch, 700 Waterfront Circle, Newport News, suggested that inclusionary zoning be used. Agrees with Ms. Wilds. Feels the Plan should be amended.
Mr. Phil Bomersheim, 311 Chesapeake Ave., Newport News, urged Council to support the Acting City Manager's recommendation, allowing urban residential housing. Single Family Housing would ease the transition.
Ms. Diane Mabary, 905 Russell Court, NN, advocated for single family homes.
Mr. David Harris, 631 46th Street, NN, advocated for single family homes, allowing for freedom of enjoyment.
Motion to adoption of the resolution - Moved by Vick, seconded by Bateman.
Vote to adoption of the resolution - (Approved)
Vice Mayor Whitaker advocated for single family homes. He stated that single family homes was an investment. It deterred crime. Referenced apartments that had once sat on the site, and was infested with crime and drugs. Apartments would not work. Want people to live decently, giving young people a chance.
Councilwoman Vick stated there was a misnomer. It was not public housing. This project could not be compared to Chantilly and Woodsong Apartments. NNRHA would be building single family homes adjacent to the apartments. There would be a mixture of housing projects. Did not want people to believe apartments brought crime.
Councilwoman Scott stated that this project led credibility for this location.
Councilman Bateman stated this project made sense, and would make a good development. Would vote for this project. Felt it would be a good project.
Councilwoman Woodbury expressed support for the project.
Mayor Frank felt this would be an asset to the community. There was not adequate housing in Newport News. The project was well designed. No similar project exists in the neighborhood. Beyond apartments, single family housing would provide a mix in the SE community.
Vice Mayor Whitaker indicated his comments were misconstrued. Cannot mix single family homes with apartments.
Motion to adoption of the resolution - Moved by Vick, seconded by Woodbury.
Vote to adoption of the resolution - (Approved)
D. Consent Agenda
1. Minutes of the Work Session of September 22, 2009
2. Minutes of the Special Meeting of September 22, 2009
3. Minutes of the Regular Meeting of September 22, 2009
4. Resolution of Recognition: Christine Mignogna
A RESOLUTION OF RECOGNITION FOR CHRISTINE MIGNOGNA, FOR BEING NAMED THE 2009 CERTIFIED ZONING ADMINISTRATOR OF THE YEAR BY THE VIRGINIA ASSOCIATION OF ZONING OFFICIALS. The Virginia Association of Zoning Officials, created in 1990, was one of the first organizations in the United States devoted to providing the highest quality training and certification requirements for all land use professionals. The Certified Zoning Administrator of the Year Award is awarded to the Zoning Administrator who has best demonstrated consistency in the interpretation and enforcement of local zoning ordinances and Virginia law. Christine Mignogna has dedicated 29 years of service to the City of Newport News and currently holds the position of Zoning Administrator in the Department of Codes Compliance. As Certified Zoning Administrator of the Year, Christine Mignogna has been recognized by her peers for her long standing commitment and dedication to providing the highest level of service to the City. The Acting City Manager recommends approval.
5. Resolution of Recognition: Commander David W. Alldridge and the Crew of the USS Newport News
A RESOLUTION OF RECOGNITION FOR COMMANDER DAVID W. ALLDRIDGE AND THE CREW OF THE USS NEWPORT NEWS ON THE 20TH ANNIVERSARY OF THE SHIP’S COMMISSIONING. The USS Newport News, a nuclear attack submarine, was commissioned in June of 1989, after being constructed by the Newport News Shipbuilding and Dry Dock Company. This submarine is the eighth vessel to bear the City’s name, and the third to see naval service. The USS Newport News is highly decorated and its motto, Magni Nominus Umbra (“in the shadow of a great name”), links the ship to the City. The Acting City Manager recommends approval.
6. Resolution Authorizing an Amendment to the Disposal Services Agreement with USA Waste of Virginia Landfills, Inc. (referred to as Waste Management) for Storm Debris
A RESOLUTION AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AMENDMENT TO THE DISPOSAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND USA WASTE LANDFILS OF VIRGINIA, INC. (FORMERLY SANIFILL OF VIRGINIA, INC.) DATED THE 1ST DAY OF SEPTEMBER, 2009. In 1996, the City entered into a 30-year Disposal Services Agreement with USA Waste of Virginia Landfills, Inc., which allows for the disposal of all of the City’s solid waste. The current Agreement does not clearly state that all debris includes storm debris. The City’s current practice is for contractors to put storm debris at City-owned and managed Temporary Debris Storage and Reduction (TDSR) sites until the debris is reduced and moved to the landfill, which is costly. The Amendment specifies that storm debris is included in the original agreement and affords the City the convenience of delivering it in a single move from the point of collection to its final disposal destination. This process will expedite clean-up and be less costly to the City, as it eliminates the need for City-owned and managed temporary sites. The Acting City Manager recommends approval.
7. Resolution Requesting the State Board of Corrections (BOC) to Approve an Updated Planning Study and a 25% Reimbursement of Expenditures
A RESOLUTION REQUESTING THE STATE BOARD OF CORRECTIONS (BOC) TO APPROVE AN UPDATED PLANNING STUDY AND A 25% REIMBURSEMENT OF ADDITIONAL CONSTRUCTION COSTS FOR LIFE SAFETY MPROVEMENTS. This request to the BOC to officially approve the updated Planning Study for life safety improvements will put the City in the position of being eligible for reimbursement of the total eligible cost of the project. Council has previously appropriated funds for phases one and two of this project. The Public Safety Building (Jail) currently houses more prisoner inmates than the building was originally designed to house, and this project is intended to renovate the jail, particularly, in terms of life, health and safety. The Acting City Manager recommends approval.
Motion to adoption of consent agenda - Moved by Bateman, seconded by Scott.
Vote to adoption of consent agenda - (Approved)
E. Other City Council Actions
1. Change of Zoning, Kingsway Management Company, LLC., CZ-09-266, to R9 Mixed Use District with Amended Proffers
AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 5028-97 BY AMENDING THAT CERTAIN MAP ENTITLED, "ZONING DISTRICT MAP" (CONSISTING OF REAL ESTATE TAX ASSESSMENT MAPS 001 THROUGH 322 AND KEPT ON FILE IN THE OFFICES OF THE DEPARTMENTS OF CODES COMPLIANCE AND PLANNING) DATED THE 10TH DAY OF JUNE, 1997, WHICH SAID MAP IS MADE A PART OF THE SAID ORDINANCE NO. 5028-97. This Ordinance will change the zoning of 2.60 acres, loted at 501 Kingsway Drive, from R9 Mixed Use with proffers to R9 with revised proffers. On September 8 and September 22, 2009, Council deferred action on the request to provide the applicant an opportunity to clarify proffer #10 by specifying the number of rental and condominium units proposed in the project. The applicant has revised proffer #10 to specifically state that all of the dwelling units will be apartments for rent and not condominiums. The revised proffers will allow the applicant to redesign the proposed apartment building to accommodate larger three bedroom units, increasing the number of units from 36 to 48, and replacing retail space with office space and live/work units. The Planning Commission voted unanimously 8:0 to recommend to Council the approval of the change of zoning with revised proffers. The Acting City Manager recommends approval.
Motion to adoption of the resolution - Moved by Woodbury, seconded by Vick.
Vote to adoption of the resolution - (Approved)
2. Ordinance Authorizing Real Property Tax Exemption – Christian Village of Eastern Virginia, Inc.
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 40, TAXATION, OF THE CODE OF THE CITY OF NEWPORT NEWS, VIRGINIA, ARTICLE I., GENERAL PROVISIONS AND EXEMPTIONS, DIVISION 3., PROPERTY EXEMPTED BY DESIGNATION, BY ADDING THERETO A NEW SECTION, NAMELY: SECTION 40-8.08, PROPERTY OF CHRISTIAN VILLAGE OF EASTERN VIRGINIA, INC. This ordinance amended Chapter 40, Taxation, Article I, General Provisions and Exemptions, Division 3, Property Excempted by Designation, by adding Section 40-8.08, Property of Christian Village of Eastern Virginia, Inc. On September 8, Council deferred action on this item, as requested by the Acting City Manager. The property, located at 38 Forrest Drive, consists of a 43-unit apartment complex, on 3.01 acres, and used exclusively for charitable and benevolent purposes on a non-profit basis. The property is a U.S. Department of Housing and Urban Development project, which receives the benefit of capital advances and project rental assistance under Section 202. Although it apparently meets the legal requirements to be considered for real estate tax exempt status, we have never before granted such status to a large residential apartment complex. The loss of tax revenue and cost of services for such a complex are significant issues. The Acting City Manager does not recommend approval.
Motion to denial of the ordinance - Moved by Bateman, seconded by Woodbury.
Vote to denial of the ordinance - (Approved)
3. Resolution Appropriating $1,210,000 from the 2009 Virginia Revolving Loan Fund (VLRF) for the Pump Station No. 44 Renovation Project
A RESOLUTION APPROPRIATING FUNDS FROM 2009 VIRGINIA REVOLVING LOAN FUND TO PUMP STATON NO. 44 RENOVATION PROJECT. This resolution will appropriate $1,210,000 from the 2009 Virginia Revolving Loan Fund (VRLF) for the Pump Station No. 44 Renovation Project. The existing sewage pump station is unable to pump increased flows against ultimate high HRSD head pressures. This upgrade is required to accommodate continuing development in the service area and modernization requirement. The project proposes the demolition and reconstruction of the existing pump station, the installation of larger pump motors, controls, and electrical service. Flow monitoring equipment required for the regional consent order work is also included in this project. The proposed appropriation of $1,210,000 from the City’s 2009 Virginia Revolving Loan Fund (VRLF) covers the contract costs, plus a 5% contingency. The Acting City Manager recommends approval.
Motion to adoption of the resolution - Moved by Vick, seconded by Scott.
Vote to adoption of the resolution - (Approved)
4. Award of Bid for the Pump Station No. 44 Renovation Project
A REQUEST TO APPROVE BY MOTION, THE AWARD OF A BID TO R.E.W. CORPORATION, FOR THE PUMP STATION NO. 44 RENOVATION PROJECT.R.E.W. Corporation was the low bidder on this project at $1,149,230. R.E.W. Corporation has performed well on similar contracts for the City of Newport News and is recommended for award of the project. The Acting City Manager recommends approval.
Motion to award a bid to R.E.W. Corporation. Moved by Vick, seconded by Scott.
Vote to award a bid to R.E.W. Corporation. (Approved)
5. Ordinance Approving Extension of a Sublease of Parcel 8A, Newport News Seafood Industrial Park from Davis Boat Works, Inc. to Virginia Natural Gas
AN ORDINANCE OF THE COUNCIL OF THE CITY OF NEWPORT NEWS, VIRGINIA, APPROVING EXTENSION OF A SUBLEASE OF PARCEL 8A, NEWPORT NEWS SEAFOOD INDUSTRIAL PARK FROM DAVIS BOAT WORKS, INC. TO VIRGINIA NATURAL GAS, INC. This ordinance will extend a sublease of Parcel 8A, Newport News Seafood Industrial Park from Davis Boat Works, Inc. to Virginia Natural Gas, Inc. A request has been received from Davis Boat Works, Inc., for Council to approve a two-month extension of the existing sublease with Virginia Natural Gas, Inc. The original sublease, under conditions set forth in Ordinance No. 6450-08, had an initial term of fifteen (15) months, beginning in February 2008, with an option to extend for an additional period not to exceed six (6) months, and the period for this current option will expire October 31, 2009. The Ordinance allows for the requested two-month extension, from November 1, 2009 to December 31, 2009 and authorizes two additional two-month extensions. All aspects of the existing sublease will remain the same. The Acting City Manager recommends approval.
Motion to adoption of the ordinance - Moved by Woodbury, seconded by Vick.
Vote to adoption of the ordinance - (Approved)
6. Resolution Appropriating $492,315 for Costs Associated with an Agreement between the City of Newport News and the Virginia Department of Transportation (VDOT) for the Fort Eustis Boulevard Improvements Project
A RESOLUTION APPROPRIATING FUNDS FROM GENERAL OBLIGATION BOND PROCEEDS TO VDOT-FORT EUSTIS BOULEVARD IMPROVEMENTS AND PROJECT CONTINGENCY. This resolution would appropriate $492,315 from costs associated with an agreement bwtween the City of Newport News and the Virignia Department of Transportation (VDOT) for Project No. 0105-965-F02, C-502, Fort Eustis Boulevard Improvements from Jefferson Avenue to Route 17. This project will widen Fort Eustis Boulevard between Jefferson Avenue and Route 17, from an existing two-lane roadway to a four-lane divided roadway and will improve existing intersections and private driveway entrances located within project limits. The standard City-State Agreement identifies the responsibilities of VDOT and Waterworks. A portion of the work is a betterment to Waterworks with the remainder at project cost. Major construction activity of the Agreement is the installation of 11,000 feet of 12-inch water main throughout the project corridor where no waterline currently exists. The total cost to Waterworks is estimated at $492,315 to be appropriated from proceeds from Public Utilities General Obligation Water Bonds. The agreement indicates Waterworks’ betterment cost as a percentage of total water adjustment cost (74.3%). The Acting City Manager recommends approval.
Motion to adoption of the resolution - Moved by Scott, seconded by Bateman.
Vote to adoption of the resolution - (Approved)
7. Ordinance Authorizing the Acting City Manager to Execute the Agreement with VDOT for the Fort Eustis Boulevard Improvements Project
AN ORDINANCE AUTHORIZING AND DIRECTING THE ACTING CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY OF NEWPORT NEWS, VIRGINIA, THAT CERTAIN AGREEMENT BY AND BETWEEN THE CITY OF NEWPORT NEWS, VIRGINIA, AND THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, DATED THE 11TH DAY OF AUGUST, 2009, FOR ADJUSTMENT OF WATER FACILITIES FOR FORT EUSTIS BOULEVARD IMPROVEMENTS FROM JEFFERSON AVENUE TO ROUTE 17. This was a request to authorize the Acting City Manager to execute an agreement between the City of Newport News and VDOT for Project No. 0105-065-FO2, C-502, Fort Eustis Boulevard Improvements from Jefferson Avenue to Route 17. The Agreement requires a duly authorized officer to sign and execute all documents necessary to effectuate the transaction. Waterworks is requesting that the Acting City Manager execute the Agreement between the City and VDOT for Fort Eustis Boulevard Improvements from Jefferson Avenue to Route 17. The Acting City Manager recommends approval.
Motion to adoption of the ordinance - Moved by Scott, seconded by Bateman.
Vote to adoption of the ordinance - (Approved)
8. Resolution Terminating the King William Reservoir Project
A RESOLUTION OF THE NEWPORT NEWS CITY COUNCIL TERMINATING THE KING WILLIAM RESERVOIR PROJECT. This authorizes ttermination of Consulting Contracts, Intergovernmental Agreements and the withdraw of project permits for the King William Reservoir project. At the September 22, 2009 work session, Council confirmed its intention to officially terminate the King William Reservoir project. In accordance with your direction and the recommendations contained in the September 9, 2009, King William Reservoir Water Supply Program Implementation Assessment, the City Attorney has prepared the resolution that will provide the necessary authorization for the City to initiate termination of consulting contracts, intergovernmental agreements, and the withdrawal of project permits. The specific details of these authorizations are contained in the resolution. Arrangements are being made for the repayment of the $20 million VRA loan, and formal action by Council will be requested in the next several months. A re-appropriation of funds by Council is projected by the end of the year to reallocate funds targeted for the King William Reservoir Project. The Acting City Manager recommends approval.
Motion to adoption of the resolution - Moved by Bateman, seconded by Woodbury.
Vote to adoption of the resolution - (Approved)
F. Appropriations
1. Newport News Public School (NNPS) District – FY 2010 Capital Improvement Project (CIP) – $4,730,000
A RESOLUTION APPROPRIATING FUNDS FROM FY 2010 BONDS AUHTORIZED AND UNISSUED - SCHOOLS (44,730,000) TO MENCHVILLE HIGH & CRITTENDEN MIDDLE SCHOOL ROOF REPAIRS ($4,350,000) AND DESIGN SERVICES ($380,000). This resolution appropriated $4,730,000 from FY 201 Bonds authorized and Unissued for various capital renovation projects. The NNPS District is requesting this funding appropriation, which was approved in the FY 2010 Capital Improvements Plan. The $4,730,000 appropriation will be designated for: Menchville High School Roof – $3,840,000; Crittenden Middle School Roof – $510,000; and Design Services – $380,000. The City’s FY 2010 Bond Authorization that allows appropriations from the approved CIP is $30,000,000, of which $5,335,000 is designated for School Division Capital Projects. Approval of this appropriation will reduce the amount available in this category to $605,000. The Acting City Manager recommends approval.
2. City of Newport News – 2009 Virginia Neighborhood Stabilization Program (NSP) Grant Funds – $700,000
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL NEIGHBORHOOD STABILIZATION PROGRAM - 10 ($700,000) TO CONTRACTUAL SERVICES ($700,000). This resolution appropriated $700,000 from FY 2009 Virginia Neighborhood Stabilization Program ($700,000) grant funds, awarded from the Virginia Department of Housing and Community Development. On March 24, 2009, Council authorized staff to apply to the Virginia Department of Housing and Community Development for NSP funds. The funds were awarded to the City and will be utilized in the Southeast Community to acquire and rehabilitate foreclosed and/or abandoned properties for resale to qualified homebuyers. The grant funds will be administered for the City by the Newport News Redevelopment and Housing Authority (NNRHA). No local match required. The Acting City Manager recommends approval.
3. City of Newport News – Homelessness Prevention and Rapid Re-Housing (HPRP) Grant Funds – $659,087
A RESOLUTION APPROPRIATING FUNDS FROM AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 - HOMELESSNESS PREVENTION AND RAPID RE-HOUSING ($659,087.00) TO CONTRACTUAL SERVICES ($659,087.00). This resolution appropriated $659,087 in Homelessness Prevention and Rapid Re-Housing Grant Funds, Awarded from the U.S. Department of Urban Development. Council authorized staff to submit a substantial amendment to the 2008-09 Consolidated Plan for Housing and Community Development Annual Action Plan to HUD and request HPRP funding. The $659,087 approved and allocated by HUD, must be utilized to prevent homelessness or to rapidly re-house those that are homeless. The appropriated funds will be subcontracted out to nonprofit agencies, as a result of an RFP process that provides services to homeless persons and families. The grant funds will be administered for the City by the Newport News Redevelopment and Housing Authority (NNRHA). No local match required. The Acting City Manager recommends approval.
4. City of Newport News – Community Development Block Grant Recovery (CDBG-R) Program Funding – $430,989
A RESOLUTION APPROPRIATING FUNDS FROM FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT-R-10 ($430,989) TO CONTRACTUAL SERVICES ($430,989). This is a request to approve a resolution appropropriating $430,989 in Community Development Block Grant Recovery (CDBG-R) Program Funding, awarded from the U.S. Department of Houisng and Urban Development. Council authorized staff to submit a substantial amendment to the 2008-09 Consolidated Plan for Housing and Community Development Annual Action Plan to HUD and request HPRP funding. The $430,989 approved and allocated by HUD, must be utilized to undertake eligible CDBG activities. The appropriated funds will be utilized to expand an existing program for rehabilitation of homes in the Southeast Community for sale to qualified homebuyers. The grant funds will be administered for the City by the Newport News Redevelopment and Housing Authority (NNRHA). No local match required. The Acting City Manager recommends approval.
Motion to adoption of appropriation - Moved by Scott, seconded by Vick.
Vote to adoption of appropriation - (Approved)
G. Citizen Comments on Matters Germane to the Business of City Council
Rev. James Rudisill advocating for the homeless.
Mr. Ben Burbic,
Mr. Ben Burbic, 136 Terri Beth Place, NN, President of Local 794, Fund Raisers. Collected over 750 lbs of food for Food Bank of Va. Peninsula. Donated $250. Addressed turmoil in the NNFD. Asked meet with Council to discuss issues in detail.
Mr. Daniel Curran, President of 431 Group. Addressed Council on the noise ordinance.
Mr. A. C. Pulliam, Jr. 239 Falcon Drive, NN, commented on trash collection. Who paid for the road to nowhere (behind Bally's). Tree limbs hanging too low. Hope Council was working to lower citizens taxes and their assessments.
Ms. Sherry Taylor, shared example of mixed use development in the SE community. She commented on the quality of school lunches. Commented on Healthier Lunches in the Schools.
*H. New Business and Councilmember Comments
Dr. Woodbury commended Sherry Taylor for addressing childhood obesity. Attended Grin & Grow Garden at Riverview Farm Park.
Councilman Bateman commended Chief James Fox for the presentation at the Work Session.
Mayor Frank commended NNFD for getting stimulus money for new fire house, which frees up money to move the Richneck Rd. project ahead. Happy Belated Birthday to SPS.
Councilwoman McMillan congratulated Eric Kempf, NNPD, for receipt of his award "Top Cop."
Councilwoman Scott thanked everyone for attending her birthday party and Local 794. Appreciated the donations. Thanked Mike at Beef O'Brady's. Oct. 26 next Town Hall Meeting at 7 p.m. 8th year for Holiday Food Drive Party. Thanked Local 794 for their donation.
TLV. Empowerment Summit on Oct. 15th, 8 a.m.
PPW Forum for those running for office 5:30 sponsored by SCLC on Thurs.
Adjourn
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