City of Hampton, VA

Meeting Minutes

City Council

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

Randall A. Gilliland

Angela Lee Leary

Charles N. Sapp

Joseph H. Spencer, II

Turner M. Spencer

Rhet Tignor

Ross A. Kearney, II , Mayor

 

Staff:

Jesse T. Wallace Jr., City Manager

A. Paul Burton, City Attorney

Katherine K. Glass, Clerk of Council

Brenda J. Vaccarelli, Deputy Clerk

 

Wednesday, August 10, 2005

7:42 PM

Council Chambers, 8th Floor, City Hall

 

 

CALL TO ORDER/ROLL CALL

Present: Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor

 

INVOCATION  

 

Councilman Gilliland gave the invocation.

 

PLEDGE OF ALLEGIANCE TO FLAG

 

Kecoughtan Corridor- The Mayor reminded citizens that the Kecoughtan Corridor is undergoing a planning process and a final plan has not yet been adopted.  There is a meeting scheduled with the consultants (UDA) at Armstrong School on August 23, 2005, at 7 p.m. and interested citizens are encouraged to attend.  Buckroe Meeting - The Mayor indicated that a public meeting will be scheduled to provide interested parties with information at a time and place to be announced.  The date selected will be at least six to eight weeks away to allow the proper notification to take place.

 

Peninsula Pilots War Memorial Stadium - Councilman Sapp spoke briefly on the possibility of leasing the War Memorial Stadium to the Apprentice School.  It is the City Manager's suggestion that the Peninsula Stadium Authority negotiate the terms of the lease.  Councilman Sapp wanted the citizens to know that the City is working on a solution.

 

The Mayor briefly spoke on eminent domain and clarified that, although the Supreme Court has indicated that cities may take land for economic development purposes.  It is not this Council's intention to do so.

 

CONSENT AGENDA

Consent Items - Other

The Council considered Items number 1 through 18 under the Consent Agenda.

 

05-0498           Minutes from the Special and Regular Council Meetings of Hampton City Council held on July 13, 200

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0527           Resolution Requesting an Appropriation of $26,841.68 from the General Fund to Zel Technology, Inc. as a Permit Fee Refund, Business License Tax Reduction and a Capital Investment Grant Pursuant to the Hampton Technology Zone Program

 

A RESOLUTION FOR THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF HAMPTON, VIRGINIA REQUESTING THE APPROPRIATION OF $26,841.68 FROM THE ECONOMIC DEVELOPMENT FUND TO BE PAID TO ZEL TECHNOLOGY, INC. AS A PERMIT FEE REFUND, A BUSINESS LICENSE TAX REDUCTION AND A CAPITAL INVESTMENT GRANT UNDER THE HAMPTON TECHNOLOGY ZONE PROGRAM

 

WHEREAS, the City Council established the City of Hampton Technology Zone Program and three Technology Zones were created; one in the downtown area, one in the Hampton Roads Center area, and one at NetCenter; and

WHEREAS, the City of Hampton provides three incentives to encourage qualified technology businesses to expand, relocate, or start-up operations within its technology zones: Exemption from City Fees; Reductions in Business License Tax; and Capital Investment Grants; and

WHEREAS, Zel Technology, Inc. meets the program criteria for qualification and is eligible to receive a permit fee refund in the amount of $4,541.00, a business license tax reduction in the amount of $19,035.37 and a capital investment grant in the amount of $3,265.31;

NOW, THEREFORE, BE IT RESOLVED by the Industrial Development Authority of the City of Hampton, Virginia, that the Industrial Development Authority of the City of Hampton, Virginia, requests that the sum of $26,841.68, in accordance with the terms of this resolution, be appropriated from the Economic Development Fund of the City and paid to Zel Technology, Inc. as a permit fee refund, a business license tax reduction and a capital investment grant pursuant to the City of Hampton Technology Zone Program.

 

 


APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0560           Authorization of the Submission of the Hampton-Newport News Community Services Board Performance Contract for FY200

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0528           Litter Prevention grant appropriations from Solid Waste Fund, General Fund, Parks and Recreation Department, and the Virginia Department of Environmental Quality

 

A RESOLUTION ACCEPTING AND APPROPRIATING FUNDS FOR THE HAMPTON CLEAN CITY COMMISSION FROM THE DEPARTMENT OF ENVIRONMENTAL QUALITY, THE SOLID WASTE FUND, AND THE GENERAL FUND

            WHEREAS, the Hampton Clean City Commission is awaiting notification from the Virginia Department of Environmental Quality on their allocation amount for the litter prevention program, estimated to be up to $25,000; and

            WHEREAS, $55,000 from the Solid Waste Fund and $35,268 from the General Fund have been awarded to the Clean City Commission; and

 

 

            WHEREAS, the grant award covers the period July 1, 2005 through June 30, 2006; and

            WHEREAS, it is anticipated that $5,000 in donations from the Keep Hampton Green Fund will be received on behalf of Commission urban forestry activities; and

            NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton accepts and appropriates an amount up to $5,000 from Keep Hampton Green donations, an amount up to $25,000 from the Virginia Department of Environmental Quality, $55,000 from the Solid Waste Fund, and $35,268 from the General Fund for a total of up to $120,268, and any additional funds awarded from these sources in accordance with the grant agreement.

            BE IT FURTHER RESOLVED that the City Council of the City of Hampton authorizes the City Manager to take the necessary steps to implement this grant award.

            Adopted at a regular meeting of the City Council of the City of Hampton, Virginia, held August 10, 2005.

  

 


APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0525           Hampton Revelopment and Housing Authority Multifamily Housing Revenue Refunding Bonds (Hampton Center Project), Series 2005, in the amount of $19,610,000

 

 

          RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAMPTON, VIRGINIA

 

WHEREAS, the Hampton Redevelopment and Housing Authority (the "Authority"), was created pursuant to Chapter 1, Title 36, Code of Virginia of 1950, as amended, the Virginia Housing Authorities Law (the "Act"), and is now existing and operating as a public body corporate and politic, and the Act empowers the Authority to issue its notes or bonds in accordance with the provisions of the Act for the purpose of making loans for the prevention and elimination of slum or blighted areas, for assistance in housing construction or rehabilitation by private sponsors and to refund prior obligations issued for any such purposes; and

WHEREAS, Hampton Center, L.L.C., a Virginia limited liability company (the "Borrower"), has applied to the Authority for the issuance of $19,610,000 of the Authority’s Multifamily Housing Revenue Refunding Bonds (Hampton Center Project) Series 2005 (the “Series 2005 Bonds”), to be issued to refund two series of bonds previously issued by the Authority (collectively, the “Bonds to be Refunded”) to provide financing for 418 units of multifamily housing known as Hampton Center and located at 6001 Terrell Lane, Hampton, Virginia 23666 (the “Project”); and

WHEREAS, the Borrower, which will acquire and assume the operation of the Project concurrently with the issuance of the Series 2005 Bonds, has its present principal place of business at 293 Independence Boulevard, Suite 400, Virginia Beach, Virginia 23462, in the City of Virginia Beach, Virginia; and

WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), requires, among other things, the approval by this Council of the issuance of any private activity refunding bonds whose final maturity is being extended by the Authority after the Authority has held a public hearing to consider the issuance of such bonds as one of the acts required in order for the interest on such bonds to qualify for exemption from the imposition of federal income tax; and

WHEREAS, because the final maturity of the Series 2005 Bonds will be extended beyond the respective final maturities of the two series of Bonds to be Refunded, pursuant to due notice, the Authority has on this date conducted a public hearing on the application of the Borrower for the issuance of such Series 2005 Bonds in compliance with the requirements of Section 147(f) of the Code and the Code of Virginia of 1950, as amended, and after such public hearing did adopt a resolution to issue an amount not to exceed $19,610,000 of its tax-exempt Series 2005 Bonds, subject to the adoption of this resolution; and

WHEREAS, the Authority has recommended that the Council approve the issuance of the Series 2005 Bonds; and

WHEREAS, the Series 2005 Bonds, as refunding bonds, will be exempt, under Section 146(i)(1) of the Code, from the limitation on the volume of notes or bonds which may be issued in the Commonwealth of Virginia in 2005, the interest on which notes or bonds is exempt from the imposition of federal income tax; and

 WHEREAS, a copy of the Authority's resolution approving the issuance of the Series 2005 Bonds, subject to the terms to be agreed upon, has been filed with the Council;

NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hampton, Virginia:

 

Section 1:  That the recitals in the preambles hereto are found to be true and correct in all respects, and are adopted as findings of this Council as if fully rewritten herein.

Section 2:  That the Project proposed to be refinanced by the issuance of the Series 2005 Bonds is deemed appropriate for such financing and, accordingly, the issuance of the Series 2005 Bonds is hereby approved.

Section 3:  The approval of the issuance of the Series 2005 Bonds, as required by Section 147(f) of the Internal Revenue Code and by the Virginia Code, does not constitute an endorsement to a prospective purchaser of the Series 2005 Bonds of the creditworthiness of the Project or the Borrower and the Series 2005 Bonds shall provide that the City of Hampton shall not be obligated to pay the Series 2005 Bonds or the interest thereon or other costs incident thereto and neither the faith or credit not the taxing power of the Commonwealth of Virginia or the City of Hampton shall be pledged thereto.

Section 4:  That this resolution shall be in effect from and after its adoption.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0499           Resolution Adopting the Policy for the Establishment of Community Development Authorities in the City of Hampton

 

RESOLUTION APPROVING THE ADOPTION OF A POLICY FOR THE ESTABLISHMENT OF COMMUNITY DEVELOPMENT AUTHORITIES IN THE CITY OF HAMPTON

 

            WHEREAS, the Code of Virginia provides for community development authorities to provide funding over and above the locality’s regular real estate taxes to cover the cost of providing various public improvements within such districts of the locality in Virginia Code §15.2-5100, et seq.; and

WHEREAS, City Council of the City of Hampton (the “Council”) deems it in the best interest of the City and its citizens to adopt a uniform policy regarding the consideration, implementation and use of such mechanisms; 

            NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, that the City Council adopts the following Policy for the Establishment of Community Development Authorities:

City of Hampton Policy for Establishment of

Community Development Authorities

The following policy shall guide the City Council in lending its support to the creation of Community Development Authorities.  The City of Hampton (the “City”) has determined that under certain circumstances, the creation of a Community Development Authority (a “District”) can further the economic development/quality growth management/redevelopment goals of the City.  Of equal importance is that the City’s financial assets will not be at risk.  These guidelines are designed to ensure that the City goals are met.

  1. Description of District Petition.  Petitions for creation of a District submitted to the City shall include:
    • Geographic boundaries of the proposed District;
    • A conceptual plan of development within the District;
    • A description of the proposed projects and improvements to be undertaken in the District and the benefits thereof;
    • A preliminary plan for financing such improvements; and
    • A plan for governance of the District.
  2. Consistency with City Planning Documents.  The petitioner must demonstrate how the project or purpose for establishing the District is or is not consistent with the Comprehensive Plan, Zoning Ordinance, any applicable Master Plan, and if applicable, the City Five Year Capital Improvement Program, and to the extent not consistent, must show how the inconsistencies are to be resolved.
  3. Impact on City Credit Worthiness.  The District, either individually or when considered in the aggregate with previously approved Districts, shall not have a negative impact upon the City’s debt capacity or credit worthiness.  The City Council will, therefore, retain control of any debt issued by the District through the City’s approval, execution and delivery of the Memorandum of Understanding required under Section 6 of this Policy.  Passage of an ordinance creating a District shall not be construed as an unconditional commitment to approve any particular financing arrangement proposed by the District.
  4. Petitioner to Pay City Costs.  The City may require that the Petitioner agree to cover the City’s costs for legal, financial and engineering review and analysis, and to provide a suitable guaranty for the payment of these costs.
  5. Submission of Petition.  The petition to create a Community Development Authority shall be submitted to the City Council.
  6. Requirement for Approved Memorandum of Understanding (MOU).  The ordinance creating the District shall include a provision requiring that, prior to the issuance of any financial obligations by the District, the District will submit a proposed MOU to the City, and the City will approve a final MOU based on advice from the City’s Financial Advisors, Bond Counsel and Legal Counsel.  Reasonable costs of such advisory service will be paid by the petitioner per paragraph 4 above.  To the extent not previously covered in the ordinance creating the District, the MOU shall specify a financing plan to include:
    • A development plan of the District;
    • Proposed District projects and improvements, including estimated costs;
    • A preliminary feasibility analysis showing project phasing, if applicable, and projected land absorption within the district;
    • A schedule of proposed special assessment district’s proposed financing structure and how debt service is paid;
    • The methodology for determining special assessments within the district;
    • Background information on the developers and/or property owners like that found in an Offering Memorandum as well as currently proposed or previous involvement with other districts in Virginia and elsewhere; and
    • Level of equity, excluding any land, to be provided and when such equity would be incorporated into the proposed plan of finance;
    • An evaluation of new debt in relation to any outstanding debt obligation; and
    • A requirement that all documents related to the Project shall reflect no liability to the City as provided in paragraph 7. below.
  7. No Liability to City.  The City shall not pledge either its full faith and credit or any moral obligation toward the repayment of principal and interest on any debt issued by the District.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0493           Vacation Agreement for a 40' Unimproved Right-of-way on Foley Avenu

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0490           Donation of Furniture to the Hampton Division of Fire and Rescue from the C. L. Barnes Furniture Company in Alexandria, Virginia

 

RESOLUTION

 

            WHEREAS, C. L. Barnes Furniture Company of Alexandria, Virginia has made a generous donation of furniture to the Hampton Division of Fire and Rescue, Station #7;

            WHEREAS, the Hampton Division of Fire and Rescue expresses its gratitude to C. L. Barnes Furniture Company for this generous donation;

            NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia that the donation of furniture be accepted in accordance with Section 2-134 of the City Code.

 

 


APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0522           Donation of Equipment to Holland, Patrick County and Craig County Fire Departments

RESOLUTION

 

            WHEREAS, the City Council and the Hampton Division of    Fire and Rescue of the City of Hampton, Virginia, is dedicated to helping other communities in need of fire equipment; and

            WHEREAS, the Holland Fire & EMS Department, Patrick County Emergency Management, and Craig County Fire and Rescue, are seeking to acquire self contained breathing apparatus to provide better services to their community and protect their firefighters; and;

            WHEREAS, the City of Hampton, Virginia has surplus self contained breathing apparatus available;

            NOW, THEREFORE, BE IT RESOLVED by the Council of            the City of Hampton, Virginia, that it will donate surplus self contained breathing apparatus to the aforementioned volunteer fire companies;

            BE IT FURTHER RESOLVED that an appropriate copy of this Resolution will be presented to the Holland Fire & EMS Department, Patrick County Emergency Management, and Craig County Fire and Rescue.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0494           Acceptance of donation of gift of historical table

 

RESOLUTION

 

            WHEREAS, Mrs. Harry West owns a Hepplewhite style table, dated c. 1790; and

            WHEREAS, Mrs. Harry West desires to donate the table to the City of Hampton; and

            WHEREAS, the City of Hampton intends to add said table to its collection at the Hampton History Museum ; and

            WHEREAS, the table has been appraised by Thomas M. Bruggman, an independent appraiser, who has stated that the value of the property is between $10,000.00 and $15,000.00; and

            WHEREAS, the City of Hampton concurs that the value of the property is between $10,000.00 and $15,000.00; and

            WHEREAS, it is the desire of the City of Hampton to accept the donation of the table by Mrs. Harry West in accordance with § 2-134 of the Hampton City Code.

            NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia, that it hereby accepts the donation from Mrs. Harry West of a table with a value of between $10,000.00 and $15,000.00

            NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Manager be authorized to acknowledge the deed of gift, and acceptance of the donation of the table by the City of Hampton, Virginia.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0492           Comprehensive Services Act for At-Risk Youth and Families

 

 

RESOLUTION ACCEPTING AND APPROPRIATING FUNDS FOR THE FY2006 COMPREHENSIVE SERVICES ACT POOLS FUNDS,

 

            BE IS RESOLVED by the Council of the City of Hampton, Virginia, that the total Comprehensive Services Act Pool Funds in the amount of $5,050,000 be appropriated for the fiscal year beginning July 1, 2005 and ending June 30, 2006.  In addition, the Council accepts any additional supplemental revenues from the state and Medicaid for the Funds Pool subject to the availability of local match.

 

            Adopted at the regular meeting of the City Council of the City of Hampton, Virginia on August 10, 2005.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0497           Homeless Intervention Program Grant submitted by Hampton Department of Social Services

 

A RESOLUTION APPROVING THE CITY OF HAMPTON, VIRGINIA’S PARTICIPATION AND APPROPRIATION IN THE 2006 HOMELESS INTERVENTION PROGRAM THROUGH THE HAMPTON DEPARTMENT OF SOCIAL SERVICES FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.

 

            WHEREAS, the Virginia Department of Housing and Community Development has awarded the Homeless Intervention Grant to the City of Hampton in the amount of $145,600 in State funds; and

            WHEREAS, the grant award covers the period July 1, 2005 through June 30, 2006; and

            WHEREAS, loan repayment funds will be collected on behalf of this grant; and

            WHEREAS, approximately $10,100 in anticipated carryover funds not spent from the last granting period can be used during this granting period;

            NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton accepts and appropriates the Homeless Intervention Program Grant in the anticipated amount of $155,700, and related supplemental funding by the Virginia Department of Housing and Community Development, and any unspent loan repayment funds and program funds from the last granting period, and any loan repayments collected from this granting period in accordance with the grant agreement;

            BE IT FURTHER RESOLVED that the City Council authorizes the City Manager or his designee to make the necessary steps to implement this grant award.

            Adopted at a regular meeting of the City Council of the City of Hampton, Virginia held August 10, 2005.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0505           Hampton Victim-Witness Assistance Program

 

A RESOLUTION APPROVING THE CITY OF HAMPTON, VIRGINIA’S PARTICIPATION AND APPROPRIATION OF THE 2005-2006 VICTIM-WITNESS PROGRAM GRANT FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES.

 

            WHEREAS, the City of Hampton’s Victim-Witness Assistance Program is awaiting award notification from the Virginia Department of Criminal Justice Services on their allocation amount, which is estimated to be $0 in federal funds, $218,310 in State funds and $57,536 is being requested of the City of Hampton as a local cash contribution from the General Fund.

            WHEREAS, the grant award covers the period July 1, 2005 through June 30, 2006.

            NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton accepts and appropriates the Victim-Witness Assistance Program Grant in the amount of $275,846 and any related supplemental funding by the Virginia Department of Criminal Justice Services in accordance with the grant agreement;

            BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take the necessary steps to implement this grant award.

Adopted at a regular meeting of the City Council of the City of Hampton, Virginia, held August 10, 2005.

 

 


APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0504           Rescue Squad Assistance Fund Grant

 

RESOLUTION APPROVING THE CITY OF HAMPTON, VIRGINIA’S PARTICIPATION AND APPROPRIATION OF THE 2005-2006 RESCUE SQUAD ASSISTANCE FUND GRANT SUBMITTED BY THE FIRE DIVISION THROUGH THE OFFICE OF EMERGENCY MEDICAL SERVICES, VIRGINIA DEPARTMENT OF HEALTH.

 

            WHEREAS, the Virginia Department of Health, Office of Emergency Medical Services has awarded the Rescue Squad Assistance Fund Grant to the City of Hampton in the amount of $95,006.50 in State funds and $95,006.50 in cash match, for a total award of $190,013; and

            WHEREAS, the grand award covers the period of July 1, 2005 through June 30, 2006;

 

            NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton, Virginia accepts and appropriates the Rescue Squad Assistance Fund Grant in the amount of $95,006.50 in accordance with the grant agreement and authorizes matching funds in the amount of $95,006.50 from the Fire Division’s FY ’06 Budget in accordance with the grant agreement;

           

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take the necessary steps to implement this grant award.

           

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held August 10, 2005.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0496           Innovations in American Government Award Grant

 

RESOLUTION IN RECOGNITION OF HAMPTON’S YOUTH CIVIC ENGAGEMENT INITIATIVE AS A WINNER OF THE 2005 INNOVATIONS IN AMERICAN GOVERNMENT AWARD

 

WHEREAS, since the Hampton Coalition for Youth was established in 1990, the City of Hampton has placed an emphasis on the importance of youth involvement in the civic life of the community; and

WHEREAS, each year thousands of Hampton youth serve their community in a comprehensive system of community service, advisory, decision-making and leadership roles in their neighborhoods, schools, organizations, and local government; and

            WHEREAS, for 18 years, the Innovations in American Government Award, a program of the Ash Institute for Democratic Governance and Innovation at Harvard University’s John F. Kennedy School of Government, and administered in partnership with the Council for Excellence in Government, and often referred to as the “Oscars” of government, has recognized quality and responsiveness at all levels of government, honored government efforts that are creative, effective and address significant problems, and has fostered the replication of innovative approaches to the challenges facing government; and

            WHEREAS, according to officials with the Innovations Award, “[Hampton’s] program truly harnesses the power of our youth. It gives young people a stake in their communities and at the same time prepares them to assume the reins as leaders in government. Hampton has changed the social contract with its young citizens, and the City—and the nation as a whole—has benefited greatly because of it.”, and

            WHEREAS, this year Hampton’s Youth Civic Engagement Initiative was selected, from among over 1,000 applicants, as a winner of the prestigious 2005 Innovations in Government Award;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton, Virginia recognizes Hampton’s Youth Civic Engagement Initiative as the 2005 winner of the Innovations in American Government Award and congratulates the City and community partners as well as the thousands of incredible young people who make the initiative such a success.

            BE IT FURTHER RESOLVED, that a copy of this resolution be spread upon the minutes.

            Adopted at a regular meeting of the City Council of the City of Hampton, Virginia, held August 10, 2005.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0555           Request for refunds of erroneous tax assessment

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 


05-0495           Acquisition of Easements from Hampshire Glen, LLC., on Two Properties Located at West Pembroke Avenue and West Queen Street

 

 

A RESOLUTION TO APPROVE AN EASEMENT PURCHASE CONTRACT 

          

            WHEREAS, staff negotiated a contract for the City of Hampton to purchase two storm drainage easements on properties located on West Queen Street and West Pembroke Avenue from Hampshire Glen, LLC; and

            WHEREAS, above-said easements contain a total of 42,500 square feet, more or less, and properties impacted are zoned residential (R-11) and light industrial (M-2); and

            WHEREAS, both easements are required for West Pembroke Avenue storm drainage improvements; and

            WHEREAS, the contract price is deemed fair and reasonable, the terms of the contract are acceptable, and acquisition money will come from the Storm Drainage Improvements Fund and it is in the public interest to acquire the easements;

            NOW THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia: that the aforesaid easements purchase contract is hereby approved and that all necessary closing documents may be executed by the City Manager or his designee.

Adopted at a regular meeting of the City Council of the City of Hampton, Virginia on the 10th day of August 2005.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0519           Renaming Segment of Armistead Avenue

 

RESOLUTION RENAMING A SEGMENT OF ARMISTEAD AVENUE FROM THE INTERSECTION OF CMDR. SHEPARD BOULEVARD TO MAGRUDER BOULEVARD, “OLD ARMISTEAD AVENUE”

 

            WHEREAS, the arterial roadway segment, formerly known as Armistead Avenue, in the vicinity of the NASA wind tunnels, and the segment of Semple Farm Road between Wythe Creek Road and Magruder Boulevard were recently reconstructed and widened by the Virginia Department of Transportation; and

            WHEREAS, in February, Council renamed these reconstructed road segments, “Cmdr. Shepard Blvd.”, and

            WHEREAS, there remains a segment of Armistead Avenue, north of the newly named Cmdr. Shepard Blvd., that is disconnected from the remainder of Armistead Avenue; and

            WHEREAS, in the interest of way-finding and emergency vehicle response, it is appropriate to rename this street segment;

            NOW, THEREFORE, BE IT RESOLVED that the roadway segment currently known as Armistead Avenue from the intersection of Cmdr. Shepard Boulevard, to Magruder Boulevard be renamed “Old Armistead Avenue”, effective October 1, 2005.

 

Adopted by the City Council of the city of Hampton, this 10th day of August, 2005.

 

APPROVED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

PRESENTATIONS, PROCLAMATIONS, AWARDS

05-0543          

Proclaiming September 11th, 2005, as "A Day of Remembrance and Hope.”

 

Councilmember Leary stated that her granddaughter, Leigh Carter Clevenger, an amateur photographer, will be assisting staff by taking photographs during the presentations.

 

ACTION: READ AND PRESENTED by Councilwoman Leary to Lt. Greg Schwartz, Commander of the Homeland Security Unit, and to Battalion Chief Jeffrey Bartgis.

 

05-0537          

Proclamation welcoming Hampton University students and faculty to Hampton.

 

Councilmember Gilliland stated that the presentation is a small part of a project with the City's Town and Gown Committee.  He explained that The Town, the City of Hampton, and the Gown, Hampton University, formed a committee to foster positive relationships and initiatives between the City and the University.  He stated this is part of a program welcoming back the students and faculty returning for the school year.

 

Councilman Gilliland read and presented the proclamation welcoming returning students and faculty, to Dr. Bennie G. McMorris, Dean of Students at Hampton University, and Martise Brown, Student Representative to the University Trustee Board.  Councilmember Gilliland stated it was his pleasure, as the current Councilmember who serves on the Town and Gown Committee, to present the proclamation to Dr. McMorris.

 

Dr. McMorris thanked Council for the recognition and the opportunities that will develop because of the partnership. He stated that the City of Hampton and Hampton University are looked at very positively, and there are many places that are envious of this relationship.

 

Dr. McMorris stated that there was a very exciting presentation made on the campus of Hampton University.  He stated that the presentation was one of the most moving and informative information pieces you can find about cancer. He stated there were victims who had gone through the Proton Beam Therapy treatment and they explained how the Proton therapy treatment was different.  He stated that the Proton therapy treatment is an eight week treatment with each treatment lasting only five minutes.  He stated that some of the shortcomings of other types of therapy were not evident in the Proton Beam Therapy. He stated that he is excited to be a member of the team who put this together. He stated that the City of Hampton and Hampton University want everyone to have strong healthy lives and this is one of the avenues to get to that point.

 

Mayor Kearney stated that the Proton Beam Therapy is in lieu of surgery and only takes a few minutes everyday for an eight week period.  He stated that the Proton Beam Therapy doesn't have the ill effects such as the loss of hair, and pain experienced by those taking the treatments.  He stated that it was amazing to meet some young people who have gone through the treatments.

 

 

ACTION: READ AND PRESENTED by Councilman Gilliland to Dr. Bernie G. McMorris, Jr. of Hampton University.

 

05-0440          

Proclamation Proclaiming October 2 - 8, 2005, as Paralegals' Week.

 

Councilmember Sapp read and presented the proclamation to Kathy Owen.

 

Ms. Owen thanked Council on behalf of the Virginia Peninsula Paralegal Association and all paralegals, both in the public and private sectors.

 

ACTION: READ AND PRESENTED by Councilmember Sapp to Kathy Owen, President of the Virginia Peninsula Paralegal Association.

 

05-0529          

Resolution in Recognition of the Exchange Club of Wythe, Inc

 

 

RESOLUTION IN RECOGNITION OF THE EXCHANGE CLUB OF WYTHE, INC.

 

WHEREAS, the Exchange Club of Wythe, Inc., contributes significantly to the quality of life of Hampton citizens through community service provided without regard to socio-economic status, race, age, or any other consideration; and

WHEREAS, in the past fifteen years, volunteers of the Exchange Club of Wythe, Inc. have given of their time and labor to install wheelchair ramps for disabled residents of Hampton; and

WHEREAS, in 1995 and 2000, the Exchange Club of Wythe, Inc. received the Outstanding Community Service Project Award from the National Exchange Club for the wheelchair ramp project; and

WHEREAS, the Exchange Club of Wythe, Inc. has provided services that were needed to help with the quality of life for the disabled, resulting in over 7,500 hours of volunteer service; and

WHEREAS, the Exchange Club of Wythe, Inc. installed its one hundred and fiftieth wheelchair ramp on July 23, 2005;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton, Virginia recognizes the significant contribution of the citizen volunteers who have enhanced the quality of life in our community;

BE IT FURTHER RESOLVED that the City Council of the City of Hampton, Virginia support the Exchange Club of Wythe, Inc. for its efforts to improve the lives of all citizens.

 

The members of the Wythe Exchange Club were introduced.

Mr. Bob Gurley, a City of Hampton employee, had the idea fifteen years ago to work with ramps and the City.  Building the ramps has truly become a labor of love and the members are pleased with the pride and hope that citizens feel when these ramps are built.

 

Mayor Kearney read and presented the resolution to 14 members of the Wythe Exchange Club, Inc. for the outstanding work and service they have provided in the City of Hampton.

 

 

ACTION: APPROVED - Presented by Mayor Kearney to 14 representatives of the Wythe Exchange Club.

Aye: 7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nay: 0

 

05-0488          

Recognition of Hampton's Youth Civic Engagement Initiative as a Winner of the 2005 Innovations in American Government Award.

 

 

Vice Mayor Joseph Spencer stated that in 1990 Hampton's Mayor City Council wanted to find a way to build a competitive workforce that would contribute to the economic development of the City in the 21st Century and insure that young people and their families were contributing to the community.  He stated that their request to solve this issue led to today’s comprehensive citywide commitment to children, youth and families.  Council appointed a Coalition for Youth, with a 75 member citizen task force, to conduct a strategic planning process. The resulting plan of action focused on four critical issues:  support strong families, build healthy neighborhoods, ensure an ongoing community wide commitment to youth and to create a system of positive youth development in youth contributing to the community.  This goal became the Youth Civic Engagement Initiative, and to accompany this new youth agenda for the City, Council adopted a policy statement calling for a community committed to youth and pledged that Hampton is committed to becoming a community in which the well being of children is of primary importance and whose policies and programs treat young people as the foundation of our City's future. 

 

Vice Mayor Spencer noted one of the commitments, Partnerships in the Community, states that all young people in Hampton are entitled to be seen, heard and respected as citizens of the community.  The commitment further states that youth deserve to be prepared, active participants in community service, government public policy and other decision making which affects their lives and their well being. Based upon this fundamental guidance, Hampton's Youth Civic Engagement Initiative was born.  He stated that two young people were hired by the Planning Department in 1996 and given responsibility for the youth component of the City's Comprehensive Plan to address issues important to youth.  The Initiative continued to grow and expand into the neighborhood school divisions, youth serving organizations and throughout the community. 

 

Vice Mayor Spencer stated that ten years later, youth/civic engagement is thriving and it provides three pathways of opportunity for youth to become involved in the community. 

 

The service pathway provides hundreds of short term opportunities to volunteer.  The influence pathway provides over 300 youth each year who serve in some type of advisory capacity providing input into adult decision-making.  The shared leadership pathway places youth in positions as voting members on City Boards and Commissions, running their own grant program and continuing to have responsibility for their own component of the Community Plan.  By allowing youth to have a voice within the City government and the community, the City has seen an increase in volunteerism and voting rates among the youth.   He stated that one thing that really influenced this award was the percentage of 18 to 21 year old registered voters is 46% nationwide, and in the City of Hampton it is 71%.

 

He stated that this award, the Innovations in American Government Award is really for the whole City and for everyone who embraces the idea that young people are important citizens of the City. Vice Mayor Spencer stated that the recognition  also carried an award of $100,000.

 

Sarah Rodgriguez, Senior Youth Planner for the City of Hampton proudly accepted the award on behalf of all the youth in Hampton. 

 

 

 

 


ACTION: APPROVED - Presented by Councilmember J. Spencer to Sarah Rodriguez and other members of the Youth Commission.

Aye: 7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nay: 0

 

 

REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES

05-0489          

Annual Report of the Hampton Youth Commission.

 

Tomeka Mitchell, outgoing Chair of Hampton Youth Commission, stated that the Hampton Youth Commission is a group of 25 high school age students who actively seek to improve the lives of all young people within the City. She stated that the Commission is able to uphold their vision which is "young people with the power and voice to shape the future of Hampton."  She credits the success of their vision due to the support from fellow citizens, dedicated youth, supportive family members and Council.

 

Portia Henry is pleased to represent six Commissioners who serve on the Appropriations Committee of the Hampton Youth Commission.  She stated that they received a record breaking 36 grant applications, with 15 grants totaling $28,345.00.  She stated two of the projects funded by these grants were the Cultural Bridges Project and the Veterans Quilt Project from Jones Magnet Middle School.  Ms. Henry stated that each project selected clearly exhibited one of five developmental assets which were safety, caring neighborhoods, equality and justice, creative activities, and positive view of personal future. 

 

Victor Mason, Senior at Phoebus High School, Chairman of the Community Plan Committee of the Hampton Youth Commission, stated that each year one of the challenges of the Community Plan is to implement strategies from the youth component.  He stated that the Committee focused on finding places that are "youth friendly." Out of the 170 businesses which were evaluated, 66 passed. He stated that in order to be "youth friendly", the businesses needed to have evident security measures, affordable prices for youth, youth and adult partnerships, and overall good customer service.  He stated that the Hampton Youth Commission and the Community Plan will continue to do these evaluations because it will let the young people and parents know that these businesses are youth friendly.  He stated that the website will be updated with the results from the evaluations. 

 

Ann Harris stated that for over ten years, the teen population of Hampton has been crusading for a place to call their own and Council has granted their wish.  The Hampton Youth Commission has recruited and trained over 100 teens and adults to help with the opening of the Hampton Teen Center.  She stated that volunteers have been organized into five subcommittees, each pertaining to a different aspect of the teen center, ranging from the outlying landscape to the ambiance of the interior.

 

Tomeka Mitchell stated that she has enjoyed serving on the Youth Commission and proudly introduced the incoming chair for the 2005-2006 school year, Anne Harris.

 

Ms. Harris stated that the goals for the upcoming year include raising the level of peer attendance at their public  meetings and using those meetings as a platform through which they can communicate with all of the youth of Hampton.

 

ACTION: NO ACTION TAKEN Presented by Tomeka Mitchell, Portia Henry, Victor Mason, and Anne Harris.

 

 

05-0526          

Brief Council on Local Problem with Feral Turkeys and Recommended Actions by Animal Control.

 

Mayor Kearney stated for the record that there is no mass execution being planned within our community regarding the feral turkeys.  Mayor Kearney asked that citizens listen attentively and stated he believes citizens will be pleased with the briefing.  He advised that citizens addressing Council will be limited to three minutes because of the large number of people wanting to speak to Council regarding feral turkeys.

 

The City Manager stated that due to continuous problems experienced by residents in the Fox Hill area because of feral turkeys, Animal Control has sought appropriate control for the residents.  He stated that the Virginia Department of Game and Inland Fisheries and the U.S. Department of Agriculture are assisting in solving this growing problem.  He stated that the briefing is informational and Laurine Press, Director of Parks and Recreation will conduct the briefing. 

 

Ms. Laurine Press, Director of Parks and Recreation, thanked Council for the opportunity to correct the community misperceptions regarding the need for the City to control the turkey population in Hampton.  Mr. Chris Hickman, Superintendent of Natural Resources for Parks and Recreation;

Doug Schuler, Animal Control Manager; Dr.William Berg, Director, Hampton Health District; and Todd Englemeyer, Representative of Virginia Department of Game and Inland Fisheries were present.

 

Ms. Press stated that the Hampton Animal Control Services does not wish to eliminate turkeys from Hampton and stated that their job is to seek ways to balance the positive interaction between wild life and humans in our City. She stated that their goals and objectives were to eliminate complaints and educate the public on interaction with wildlife. 

 

Ms. Press stated that there is a growing problem in the areas of Fox Hill,      Howe Farms and Grandview with domestic turkeys.  She stated they are not wild, but they are a crossbreed of a farm yard bird and wild turkey.  Ms. Press stated that several calls have been received with citizen complaints about the number of birds.  They are about three feet tall and about weigh 30 pounds, and stated that birds of that size could be quite intimidating.  The birds have exhibited aggressive behavior such as attacking small pets, chasing humans, jumping on cars, scratching the paint, and roosting in trees.  She stated there is damage to the yards and gardens.  The major concern is with the probability of negative impact to the health and safety of the people with a large number of birds in their yards.

 

Ms. Press stated this is not a new problem for the City explaining that there has been a history of complaints regarding the turkeys.  She stated in the past, residents would contact the Police Department, Game and Inland Fisheries and the U.S. Department of Agriculture, who recommended that residents control their own problems.   She stated the population is growing and there are an estimated 100 to 300 birds in the City of Hampton. She believes the reason is because there are no predatory animals to naturally control the problem and people tend to feed them. 

 

Dr. William Berg, Director, Hampton Health Department, explained that feral turkeys is a legitimate concern because birds, not just turkeys but all birds, carry a variety of diseases and they can infect people.  He stated that this is very unusual, stating that most of the time people and birds interact and do not get sick.   He stated that when large quantities of bird droppings accumulate, this increases the likelihood that a human in contact with them could become infected. Dr. Berg explained that all birds can carry dangerous parasites and infections, as can other animals such as cats and dogs, and he stated the simplest and most effective thing to do is wash your hands to protect yourself against infection.

 

Chris Hickman, Natural Resources Manager, explained that a number of years ago there were wild turkeys in Hampton and basically wild turkeys are extinct in the State of Virginia.   The turkeys in Hampton are Feral turkeys that have been inbred.  He stated that because of the genetic makeup of these birds, they tend to carry more diseases.  Mr. Hickman also stated that the problem seems to be increasing because turkeys have now been seen at Sandy Bottom Nature Park and are expanding to other localities.  He stated that relocating the turkeys is not recommended because of the possible spread of infection.

 

In response to Mayor Kearney, Mr. Hickman stated that if the growing population of the domesticated turkeys in the Fox Hill area were relocated to other localities they would be in contact with wild turkeys that exist in those areas and the domesticate turkeys carry diseases that could infect the other turkeys.

 

Mr. Hickman stated that they are proposing to control the population on the properties where there are a large number of birds.

 

Ms. Press stated that there are currently four founded complaints and our offices have made onsite visits and have found that the magnitude of their problem is worthy of intervention by the City.  She stated that she recommends that Council allow the Animal Control Services hire an expert to trap the turkeys only on the properties that the City has received complaints from.  Ms. Press stated there have been additional complaints and those are being investigated individually, and explained that a sighting of a turkey in the yard is not a valid complaint.

 

Ms. Press stated in order to look at future problems, Animal Control Services should undertake some measures for public education, including targeting mailers in the areas that may have problems. She stated the importance of not feeding these animals and leaving them to survive as they would on their own, which is part of the long term plan. 

 

The City Manager stated that he is prepared to work with Parks and Recreation and Animal Control Services to manage the number of turkeys in the Fox Hill area.

 

In response to Mayor Kearney, Ms. Press stated that the department is in a responsive mode and Animal Control is only responding to calls for assistance.

 

Councilmember Tignor stated that he lives in Fox Hill and sees turkeys often and likes the turkeys.  He stated he went to Mr. Liv Whiting's house in Fox Hill at dusk and watched a lot of turkeys fly in the trees, and he realizes it is not safe for the Whiting's grandchildren to go in the back yard.

 

Councilmember Tignor stated that he wants turkeys in Fox Hill as long as he lives there, but he does not want others to have to deal with this problem.  He stated that he has received four unsolicited phone calls from people wanting to relocate the turkeys which is not an option.  Councilmember Tignor stated that the turkeys multiply tremendously and something needs to be done to control them. 

 

Councilmember Turner Spencer stated the problem is that there is a danger in allowing even feral turkeys to exist, because there is a tendency to really destroy the natural wild turkey.  The natural wild turkey is adaptive to the environment and the feral turkey is not wild and therefore is a danger.  

 

In response to Councilmember Spencer, Ms. Press stated that there are residents feeding the turkeys which increases their chance for survival and it would help tremendously if we didn't have people feeding the turkeys. She stated that she did not recommend elimination at this time, but does encourage better interaction with the residents.

 

Mr. Hickman stated that he believes Animal Control Services can control the current population.

 

Ms. Press stated the other methods that are not recommended, but certainly there are homes that are having problems and other methods besides trapping are available. 

 

Ms. Sally McCully 326, Dandy Point Road, opposes elimination of the turkeys in the Fox Hill area and stated that citizens need to know the difference between wild, tame and feral turkeys.

 

Ms. Ellen Sanchez, 311 Dandy Haven Road, stated she is confused about domestic and feral turkeys.  She stated that an article in the Daily Press on July 23 referenced a City official who had cited a USDA notification.   She requested additional information on this matter.  She stated that a subsequent article by the Daily Press referenced an article published by the CDC stating the potential for a health risk.  She stated that the headline was such that it inferred the droppings posed a health threat and this can only be concluded with documentation that supports that theory.  She stated the CDC's position is to educate the public. 

 

Mr. Greg Gendron, 13 Stedlyn Circle, stated that he doesn't believe this issue needs to be an adversarial situation and there can be a compromise, and he supports the idea of forming a committee to arrive at an equitable decision.

 

Ms. Joanne Horton, 15 Horton Road, stated that she and her husband have two children, three and seventeen months of age, and she is an animal lover.  She stated when she first began noticing the birds about 4 years ago, she found them fascinating to watch, but now they are plagued with them. She stated that they are everywhere and are leaving droppings on her children’s toys and she will not let children play until it has been sprayed for safety.  Her children cannot play outside without their shoes on.  Ms. Horton stated that her children are not allowed outside if the turkeys are outside.  She stated that she would never be a proponent of killing any creature unless there was a presence of extreme circumstance and she believes when the welfare of her children is at stake, that becomes an extreme circumstance.

 

Ms. Rosemarie Kidd, 208 Beach Road, Vice President of the Fox Hill Civic Association, stated the association currently represents 35 households and their goal is to speak in one voice and help neighbors with their problems.  She stated that two problems were brought to their attention, sewer and drainage and feral turkeys. She thanked the City for the prompt response to the sewer and drainage problems and the proposals that are being implemented.  She stated that the turkeys are a daily problem and are becoming an infestation.

 

Mr. Keith C. Evans, 7 Wallace Road, stated he realizes there is a problem but supports the turkeys.

 

Ms. Carrie Townsend, 213 Beach Road, supports the turkeys.  

 

Mr. Liv Whiting, 21 Willow Road, supports the recommendation to manage the nuisance feral turkey population by thinning them out.  He stated that the turkeys roost in his yard 365 nights a year, beginning at sundown for 12 hours a night and the turkeys spend half of their life in his yard.  He stated that the problems are primarily health issues stating that they scratch the paint on vehicles and defecate in the yard.  Mr. Whiting stated that turkeys are docile and attract children, but during mating season they turn on pets and children.

 

Mr. Whiting stated that in November 2003 he contacted the City of Hampton, Virginia Game and Inland Fisheries, US Department of Wildlife Services, People for the Ethical Treatment of Animals (PETA) and the Peninsula SPCA about the increasing turkey population in Fox Hill.  He stated that each of these agencies visited the neighborhood and determined that Fox Hill had a health and nuisance problem at that time.

  

Ms. Joyce Robertson, 106 Lighthouse Drive, understands there have been problems in some areas and supports controlling the turkeys without eliminating them and would like documentation regarding the health problems they pose.

 

Ms. Brenda W. Bowling, 72 Hall Road, stated she understands the problems the turkeys are creating and would like to see something that will run them out of the yards where they are not welcome.   

 

Mr. Jeff Allen, 13 Willow Road, stated his family enjoys the turkeys and doesn't think they should be eliminated and recommends biological controls to keep the population down.  He suggested the Food and Drug Administration (FDA) test the turkeys for safety before being given to the homeless shelters.

 

Mr. Cliff Hannah, 807 Beach Road, believes the solution to the turkey problem is to relocate them.

 

Ms. Hannah Schein, 27 Hidalgo Drive, asked Council to pursue

non lethal methods for controlling turkeys. 

 

Ms. Stephanie Boyles, Wildlife Biologist for People for the Ethical Treatment of Animals (PETA) stated that Mr. Whiting had been contacting her for the last year about the feral turkeys.  She stated that she served on the Hampton Wildlife Management Planning Committee several years ago.  Ms. Boyles stated she was asked to speak on behalf of several Hampton residents regarding the feral turkey population in Fox Hill.  Ms. Boyles attended the public meeting held in Fox Hill and sympathizes with all parties involved.  She suggested that Council establish a committee with representatives from both sides of the issue.

 

Ms. Kim Pope. 36 Edmonds Cove, agreed with Ms. Boyles.

 

Mr. Jack Hall, 126 Pine Creek Drive, District 5 Commissioner, stated that he recommends that Council do a balanced reduction in the feral turkey population.

 

Mayor Kearney stated the majority of the people were not interested in harming the turkeys, and realizes some residents have a problem.  He stated the City Manager will have to work this out with staff.  He stated that someone asked about the USDA, and one of the questions asked was the possibility of the turkeys going to the food pantry, which is a possibility, but there are many avenues to go through before implementing that option.

 

Councilmember Gilliland stated that he loves the turkeys and unlike what the rumors have suggested, it was never a policy by Council to eradicate the turkeys.

 

Vice Mayor Joseph Spencer echoed the comments and stated that there were good alternative situations and he prefers that the City Manager find a solution and handle it.

 

Councilmember Sapp stated that there have been really good comments offered with potential solutions.  The City is involved to do what the neighborhood can't do and these folks need to relief now.  

 

Councilmember Leary stated that the citizens have presented very good options that need to be given further consideration.  She suggested that a committee be formed to present solutions to Council at a later date, but believes it is important for the City to do something about those individuals that have called with a turkey problem. 

 

Councilmember Tignor thanked everyone for coming and addressing Council on the feral turkey issue and stated he also would like to see a committee formed to determine what can be done to not kill the turkeys.

 

Councilmember Turner Spencer stated that this is a management problem, not a Council problem.

 

 

ACTION: PRESENTED by Laurine Press, Chris Hickman, Doug Schuler, and Dr. Bill Berg.

 

05-0553          

Presentation on Assessment

 

The City Manager stated that at the June 8, 2005, Council meeting, Councilmember Leary expressed an interest in sharing information with Council on the assessment process.

 

Councilmember Leary stated there have been many questions directed to her from citizens concerned about the process of determining assessments.  In an attempt to answer those questions, Councilmember Leary had a research team review several neighborhoods.  She stated that Farmington had been surveyed again, because it was questioned five years ago, and at that time, it was discovered that there were quite a few homes with assessments that did not meet their original construction costs for five to thirteen years.  She stated that this disparity created a false base for future assessments and there is currently a home assessed at $46,000 under original construction costs.  She stated most of the homes have an increased assessment of seven to ten percent. 

 

Councilmember Leary stated the average rise in assessments in Hampton is well over twenty-five to thirty percent and there are instances where individual homes are increased in assessments by over twenty percent due to sales.  It appears that the increase in sales prices do not affect the assessments of the other homes; however, when looking at Southall Acres, it was found that the sale of one home affected all homes.  She stated that this one home sold for eighteen percent over the assessed value and all homes went up an average of twenty-five percent.  She stated that in researching Patrician Manor, six homes sold for an average of  forty-two percent over last year’s assessment, yet this year the neighborhood assessment only increased twenty percent.  She stated that these disparities concern her and she believes it concerns the citizens.  Real estate taxes need to be fair and equitable to all and this review reveals too many instances of iniquities, and stated that they must  correct and stabilize the assessment methods by beginning with a correct base.  She stated that Council needs to remind citizens that Council does not control the assessed value of property, but only controls the tax rate. 

 

Councilmember Leary stated that she is turning over the findings to the Finance Committee for verification and suggestions for correcting the assessment values.  She stated that members of the Finance Committee will conduct their research and come back to Council for a presentation.  She requested that Council ask the City Manager to request the Commissioner of the Revenue to meet and discuss the possibilities of moving the residential assessments under his supervision.  She also requested that the City Treasurer be involved to utilize her legal expertise and supervisory skills in order to provide better service with more accurate results.  Councilmember Leary stated the following goals:

 

1. To assure that assessments are fair and equitable

 

2. To accomplish the transfer and updating of information in  the most accurate and efficient way possible

 

3. To reduce the overall cost of service

 

4. To determine if efforts are duplicated

 

5. To lower the tax rates to record lows

 

She stated the City can provide better services in several areas and would like for the Commissioner of the Revenue and the City Treasurer to have the opportunity to work on this collectively and it can be called a Tax Reform Summit.  She stated that Hampton has been the first in many things, and she believes we need to be the first in finally placing the assessments where they should be and lowering the City's tax rates to realistic expectations.

 

Councilmember Leary stated that she didn't believe a motion was necessary, but if so, she moves to proceed as outlined.

 

In response to Councilmember Leary and Mayor Kearney, the City Attorney stated that a motion is not necessary.

 

Councilmember Gilliland, Chairman of the Finance Committee, stated that Councilmember Leary is on the agenda to make a presentation on assessments to the Finance Committee meeting scheduled for August 18th, 2005 at 8:30 a.m.  He stated that this meeting is open to the public and is held in the Lawson Conference Room, 8th floor in City Hall.

 

Councilmember Turner Spencer stated that he would like the roles of the Commissioner of the Revenue and the Treasurer to be defined by the State Ordinance, as well as requirements by City government with respect to assessments.

 

Mayor Kearney asked the City Attorney to share the information requested by Councilmember Turner Spencer with Council.

 

 

ACTION: PRESENTED by Councilmember Leary.  Her findings will be submitted to the Finance Committee at their meeting on August 18th, 2005, at 8:30 a.m. in the Lawson Conference Room on the 8th Floor of City Hall.

 

 

PUBLIC HEARINGS

Rezonings - Second Reading

05-0503          

Rezoning Application No. 1205 by Carmen Wilson to rezone 0.6+ acres at 2211 E. Pembroke Avenue from C-1, Neighborhood Commercial District, to R-9, One Family Residence District, in order to construct three single family home

 

The City Manager stated that Council is being asked to approve this on second reading, subject to the following three conditions:           

 

1.  Development of this project will be in substantial conformance with the conceptual site plan dated 5-3-05, to include,  shared rear access drive, no curb cuts off of East Pembroke Avenue.

 

2.  The building on the property will be substantially in conformance with the Performance Standards composition type submitted with the application as of 4/29/05.

 

3.  There will be no vehicles parked or stored in the yards fronting East Pembroke Avenue.

 

 

ADOPTED ON SECOND AND FINAL READING subject to three (3) conditions.

Motion made by: Councilmember Joseph H. Spencer, II

Seconded by: Councilmember Randall A. Gilliland

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

Rezonings - First Readings

05-0520          

Rezoning Application No. 1206 by LTD Management, Inc. to Amend the Proffers from Previous Rezoning #995 for 6.9+ acres at 1766 and 1776 West Queen Street to Allow Hotels in this Existing Limited Commercial (C-2) District.

 

 

ADOPTED ON FIRST READING subject to fifteen (15) conditions.

Motion made by: Councilmember Randall A. Gilliland

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

Conditional Privilege

05-0521          

Conditional Privilege No. 80 for live entertainment in conjunction with a restaurant at 17 East Queens Way.

 

The City Manager stated on January 12, 2005, Council approved a request for live entertainment in conjunction with the Bahir Dar Restaurant at 17 East Queens Way, subject to nine conditions.  He stated that one of the conditions stipulated be that the conditional privilege would be reevaluated after six months.  He stated that staff conducted that the reevaluation on July 15, 2005, and it was determined the conditions of the approval have been fulfilled.

 

The City Attorney stated that it is recommended that this be reviewed in an additional six month period.

 

Ms. Martha Brown, 3616 Laderdale Avenue, stated that she and her daughter have eaten at the restaurant on several occasions.  She stated she wants to introduce her daughter to different cultural experiences and prior to the Bahir Dar opening,  the closest Ethiopian restaurant was in Washington, D.C.  She stated she is in support of the restaurant.

 

Mr. Sherman White, 512 Oscar Loop, # 302, Newport News, expressed approval of the restaurant, and believes it makes an important cultural contribution to the area.

 

Councilmember Leary stated that she received e-mail from Tom and Paula Russell from Norfolk who spoke very highly of the Bahir Dar.

 

Mayor Kearney stated that he met with the owners of Bahir Dar and stated Council is not questioning the food, reputation, or culture, but there are concerns about the music.  He stated that it is there responsibility to live up to the requests of the Council and local government concerning nighttime entertainment.

 

ADOPTED ON FIRST AND FINAL READING Use Permit will continue and will be reviewed again in six months.

Motion made by: Councilmember Randall A. Gilliland

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

General Items

Resolutions

05-0506           Proposed Acquisition of Property, Known as 200 & 202 Pine Chapel Road, from Powell Realty, Inc

 

The City Manager stated that staff has obtained a contract to obtain these properties for $457,900 and Council is being asked to approve the resolution authorizing the City Manager to proceed with the purchase transaction.

 

Councilmember Turner Spencer asked the City Manager to explain the need for the purchase at this time.

 

The City Manager stated that the property is being obtained in connection with expanding the necessary parking facilities in association with the new Convention Center and Coliseum.

 

Mr. Frank J. Ottofaro, 63 Wheatland Road, asked how much the City is going to pay for the property since it is his understanding that the City is going to pay $500,000 for less than an acre of land.

 

Mr. Jeff Cundiff, Real Estate Manager for the City of Hampton, stated the church was on 7/10 acre of land adjacent to these parcels, behind Wal Mart.

 

Councilmember Gilliland has concerns about this acquisition for a couple of reasons.  He is not absolutely convinced of the need for parking for the Convention Center and the Coliseum, and in terms of assessments, this is a perfect example of disparity.  He stated the two lots combined were assessed at $108,400, and the City's acquisition costs are $458,500 which is $350,000 more than what the property is assessed for.  He stated that this doesn't mean that the property is not worth that, but clearly means that the assessment was not correct and the owner has not been paying taxes based on fair market value, which is the way that assessments are supposed to be made.  He stated that he would not support the acquisition of this property or any others like it until there are fair and equitable assessments across the City.  He thanked Councilmember Leary for bringing the issue to the forefront.

 

Councilmember Sapp agrees that the assessments do not represent what has been given as an appraised value for this property.  He stated that the assessments are an issue but he cannot imagine going back and reassessing the property and charging the property owner for the difference, had the assessment notbeen done correctly. He stated that he wants someone from Economic Development and Planning to explain to Council what key role this property plays.

 

Councilmember Turner Spencer stated items 30, 31, 32 and 33 tie in together, and he agrees with Councilmember Sapp and asked the City Manager if he was prepared to give Council some insight on these properties. He asked if it would harm the process if we delayed these a month or so.

 

In response to Councilmember Turner Spencer, the City Attorney stated that these agenda items were deferred from the last meeting.

 

Mayor Kearney stated that the items were deferred so that Councilmember Leary could give her presentation on the assessments showing Council how the assessments were off.  He stated that he believes Councilmember Turner Spencer would like to have a new view of these properties, not based on the assessment, but for the need of the property in conjunction with the projects.

 

The City Manager restated that these items are in conjunction with expanding the parking facilities at the Coliseum and Convention Center complex.

 

Vice Mayor Joseph Spencer stated he doesn't believe the issue is the cost.

 

Councilmember Sapp stated that the baseline Vice Mayor Joseph Spencer is quoting is a City imposed baseline.

 

The City Attorney stated that the property is zoned commercial, and Vice Mayor Joseph Spencer explained that this property is needed to extend and expand the parking for Convention Center. He stated that there is a need for this property because the land that is currently a parking lot will be developed.  He stated that Councilmember Sapp wants to know if there is a need for the acquisition.  He stated he understands that the property was under appraised and the need has been defined.

 

The City Manager agrees with Vice Mayor Joseph Spencer and stated that the property is needed for the expansion of the facilities.

 

Councilmember Leary stated the City has purchased all these properties and she understands the difference between assessed value, appraised price and market value, but from an assessment point of view, the City has paid over the assessed value on a number of properties. 

 

Councilmember Gilliland questioned when the Convention Center was proposed and sold to the Council and the community, was the $458,000 factored in as a cost of the Convention Center.  He stated that the Finance Committee is going to get into that in terms of the financial model to Council to evaluate these kinds of projects.

 

Councilmember Tignor stated that the extra parking was not parking that was designed for the Convention Center originally, but because it has since changed, the Convention Center concept to include 19 acres that was going to be parking is now going to be retail development.

 

Mr. Peterson stated that when the Convention Center was originally presented, the 19 acres was designed to be retail, because on the front end of the parcel, it would complement the Convention Center.

 

Councilmember Tignor stated that additional parking is because of the residential development.

 

Mr. Pete Peterson stated that calculation on net present value should be calculated in there and the project changes when the residential component was added.  He stated that in the CIP process, this was brought before Council as part of the 2005 bond issue.  The year before that there was a parking garage for the Coliseum and Council felt that was too expensive.  He stated that this came before Council as part of the CIP process, but has never been a part of the calculation as part of the return of the Convention Center.

 

Councilmember Turner Spencer asked how this relates to the access road that will be built from the intersection of Armistead Avenue, and how this relates to the acquisition of property for the extension for the road.

 

Mr. Peterson stated that the property is needed for the road and parking, not for the road access. 

 

In response to Councilmember Tignor, Mr. Peterson stated that the Convention Center is on budget as far as the building itself.

 

FAILED  

Motion made by: Councilmember Rhet Tignor

Seconded by: Councilmember Joseph H. Spencer, II

Ayes:   3 - Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor

Nays:   4 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Ross A. Kearney, II

 

05-0507          

Proposed Acquisition of Property, known as 25 Barrack Street from Donald A. and Gwendolyn F. Walker

 

                                 

A RESOLUTION TO APPROVE A PROPERTY PURCHASE CONTRACT

 

            WHEREAS, staff obtained a contract for the City of Hampton to purchase 25 Barrack Street, from Donald A. and Gwendolyn F. Walker; and

            WHEREAS, 25 Barrack Street is an improved residential property consisting of a 2,319 square foot dwelling with a 466 square foot attached garage located on a 21,749 square foot parcel of land; and

            WHEREAS, the aforesaid property is being acquired as part of the Crossroads Redevelopment Project for assemblage and development of additional Coliseum Complex surface parking; and

            WHEREAS, the contract price of $229,900 is deemed fair and reasonable, the terms of the contract are acceptable, and acquisition money will come from the CIP Fund – Crossroads Parking and it is in the public interest to acquire the property; and

            WHEREAS, the aforesaid property is owner occupied and owner desires to close this transaction within 180 days of purchase contract ratification but may also require a short-term lease to extend the search for suitable replacement housing.

            NOW THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia; that the aforesaid property purchase contract and short-term lease are hereby approved and that all necessary closing documents may be executed by the City Manager or his designee.

Adopted at a regular meeting of the City Council of the City of Hampton, Virginia, on the 10th day of August, 2005.

                                                                                                     

In response to Councilmember Tignor, the City Manager stated that this property will be used for parking.

 

Councilmember Turner Spencer requested an explanation for the whole process.

 

Vice Mayor Joseph Spencer stated that if the City does not purchase the properties on the corner, the City already has the property around 25 Barrack Road.

 

The City Attorney stated that depending on the exact configuration of the road, the road could go through a portion of this property.

 

Mr. Cundiff stated that 25 Barrack Road is strictly for parking.

 

The City Attorney stated that depending on the configuration of the road, as we know it, it is certainly in that immediate area for parking.

 

In response to Vice Mayor Joseph Spencer, Mr. Cundiff stated that the properties currently owned by the City are 27, 33, 31,34 Barrack Street on the west side, and also 32, 26, 22, 41, 39 Barrack Street and getting close to the acquisition of 37.

 

APPROVED  

Motion made by: Councilmember Turner M. Spencer

Seconded by: Councilmember Joseph H. Spencer, II

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0517           Proposed Acquisition of Property, Known as 220 Pine Chapel Road, from Investment Planning Associates, Inc

 

 

A RESOLUTION TO APPROVE A PROPERTY PURCHASE CONTRACT

 

            WHEREAS, staff obtained a contract for the City of Hampton to purchase 220 Pine Chapel Road, from Investment Planning Associates, Inc; and

            WHEREAS, 220 Pine Chapel Road is an improved residential property consisting of a 962 square foot dwelling, located on a 21,540 square foot parcel of land; and

            WHEREAS, the aforesaid property is being acquired as part of the Crossroads Redevelopment Project for assemblage and development of additional Coliseum Complex surface parking; and

            WHEREAS, the contract price of $127,100 is deemed fair and reasonable, the terms of the contract are acceptable, and acquisition money will come from the CIP Fund – Crossroads Parking and it is in the public interest to acquire the property; and

            WHEREAS, the owner desires to close this transaction within 45 days of ratification and tenant will relocate prior to closing; and

            NOW THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia: that the aforesaid property purchase contract is hereby approved and that all necessary closing documents may be executed by the City Manager or his designee.

Adopted at a regular meeting of the City Council of the City of Hampton, Virginia on the 10th day of August, 2005.

 

 


APPROVED  

Motion made by: Councilmember Turner M. Spencer

Seconded by: Councilmember Charles N. Sapp

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0518           Proposed Acquisition of Property, Known as 40 Barrack Street, from Russell and Susan Timberlake

 

                               

A RESOLUTION TO APPROVE A PROPERTY PURCHASE CONTRACT

 

            WHEREAS, staff obtained a contract for the City of Hampton to purchase 40 Barrack Road from Russell and Susan Timberlake; and

            WHEREAS, 40 Barrack Street is a vacant residential parcel of land containing 21,630 square feet; and

            WHEREAS, the aforesaid property is being acquired as part of the Crossroads Redevelopment Project for assemblage and development of additional Coliseum Complex surface parking; and

            WHEREAS, the contract price is deemed fair and reasonable, the terms of the contract are acceptable, and acquisition money will come from the CIP Fund – Crossroads Parking and it is in the public interest to acquire the property; and

            WHEREAS, Seller desires to close this transaction by July 29, 2005;

            NOW THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia: that the aforesaid property purchase contract is hereby approved and that all necessary closing documents may be executed by the City Manager or his designee.

Adopted at a regular meeting of the City Council of the City of Hampton, Virginia on the 10th day of August, 2005.

 

APPROVED  

Motion made by: Councilmember Turner M. Spencer

Seconded by: Councilmember Randall A. Gilliland

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0562          

Resolution Expressing Support for Including NASA TV in Cox Communication's Hampton Lineup

 

RESOLUTION EXPRESSING SUPPORT FOR INCLUDING NASA TV IN COX COMMUNICATION’S HAMPTON CABLE LINEUP

 

WHEREAS, Hampton Roads and the Commonwealth of Virginia have played a leading role in expanding America's exploration initiatives throughout history as evidenced by adventures ranging from establishing the first aeronautics research laboratory, to training the Apollo astronauts and exploring the surface of Mars; and

WHEREAS, space exploration, particularly as carried out under the auspices of the National Aeronautics and Space Administration (NASA), has generated more than its share of discovery and indirect economic and social benefits and has also been proven to ignite American students' interest in science, technology, engineering, and mathematics; and

WHEREAS, NASA Langley Research Center in Hampton, Virginia, has accomplished many great scientific and technological feats, in addition to advancing human's knowledge of the Earth and the Universe and more recently contributing to the United States Space Program by developing technologies to return the shuttle to flight; and

WHEREAS, space exploration including returning humans to the moon and pursuing human exploration of Mars will continue to have an enormous impact on the City of Hampton by directly contributing to our economic development, capturing the hope and imagination of our citizens and inspiring the next generation of explorers; and

 

WHEREAS, NASA TV is a free service allowing citizens, educators and students access to live shuttle missions and educational and historical programming on space exploration; 

NOW, THEREFORE, BE IT RESOLVED, that the Hampton City Council encourages Cox Communications to provide public access to NASA TV to the citizens of the City of Hampton and other localities so that they might benefit from having access to information about NASA and the United States Space Program. 

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia, held August 10, 2005.

 

Councilmember Gilliland stated that NASA, Langley is an  important and vital part of our community and there are many young people in the community who we would like to inspire to be the future engineers for aeronautics and space research.  He stated that NASA, Langley has a television channel which can be viewed on cable in York County, but not in Poquoson and the City of Hampton. He stated his interest is to serve the interest of those who are interested in what NASA, Langley does and most importantly for the young people in the community so they can learn  what research and development and technology can mean for their lives and in the future.  He stated that he is proposing a resolution to be approved by Council for Cox Communications to add the NASA TV Channelto their line up for Poquoson and the City of Hampton.

 

Ms. Donna Lawson, State Government Relations Manager for NASA, Langley, thanked Council on behalf of NASA, Langley for the resolution and stated it is a wonderful show of support for NASA, Langley and their role in the community.  She stated that having access will greatly benefit the citizens of Hampton Roads by providing them with educational and historical programs, as well as live coverage of missions, such as the recent discovery shuttle mission and the upcoming Mars Reconnaissance Orbiter.  She stated aerospace is a long standing tradition in Hampton Roads and NASA, Langley is proud to be a vital part of that tradition.  She stated that having access to NASA TV Channel will provide another opportunity for the community to share in their successes and inspire the next generation of explorers.

 

Mr. Richard Byles, Director of the Virginia Air and Space Center thanked Council for the resolution and their support of NASA TV.

 

Mr. Todd Bridgford, Executive Director and CEO of the Virginia Air and Space Center, thanked Council on behalf of the Board of Directors, staff and the entire NASA community for their support of the resolution. He stated that adding NASA TV to the Cox line up is a winning situation for both the City of Hampton and the NASA organization.  He stated that NASA TV has been available in their exhibits areas from the beginning which was terrific exposure for the educational opportunities available. 

 

Mr. Jimmy Chisman, President of the Virginia Air and Space Center Board, stated that the resolution is one more instance of the City's total support for our Board and Museum.  He thanked Councilmember Gilliland for taking the initiative.

 

APPROVED - Donna G. Lawson, Legislative Affairs Specialist for NASA-Langley, thanked Council for the Resolution.  Richard A. Byles, Ph.D., Director of Education at the Virginia Air and Space Center (VASC), and Todd C. Bridgford, Executive Director of the VASC, and Jimmy Chisman, President of the Board of the VASC, also briefly addressed Council.

Motion made by: Councilmember Joseph H. Spencer, II

Seconded by: Councilmember Turner M. Spencer

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

 

Moved to Extend the Meeting Beyond its Time Limit  

 

Motion made by: Councilmember Randall A. Gilliland

Seconded by: Councilmember Rhet Tignor

Aye: 7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nay: 0

 

Appointments

05-0538           Appointments - Planning Commisssio

 

REAPPOINTED Timothy B. Smith and Ralph A. Heath, III.

Motion made by: Councilmember Rhet Tignor

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 


05-0502           Appointments - Grievance Boar

 

DEFERRED - to be considered at September 10, 2005, meeting.

Motion made by: Councilmember Rhet Tignor

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

05-0557           Appointments - Golf Course Advisory Committe

 

APPOINTED Glenn Hughes and Danny Hilling.

Motion made by: Councilmember Rhet Tignor

Ayes:   7 - Joseph H. Spencer, II, Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II

Nays:   0

 

Audiences Granted to the General Public

Wanda Jones, 305 LaSalle Avenue, stated that the proposal that was brought to the residents indicated that homes were being impacted. She stated that there is a process in the City of Hampton whereby people are notified and she believes the Planning Commission could use some help.  She stated that the Planning Commission used the neighborhood associations, to notify the residents of what was going to take place and the neighborhoods that are impacted by these changes do not have neighborhood associations so they were not contacted.  She stated that this project affects 5,000 people.  She suggested that signs be placed in the neighborhoods with information that informs the residents that the current proposal directly affects their neighborhood. She stated that it is important for all the citizens of Hampton to know what is planned as the project moves forward.

 

Councilmember Gilliland complimented Ms. Jones on her communications with Council, stating that she fairly presented her case, did so in a very professional manner, and Council appreciates that.

 

Mary Richardson, 322 Cherokee Road, stated that if the Kecoughtan Corridor project becomes reality, there will be many people losing their homes and businesses.  She stated that she hopes Council will not approve of the growth of Hampton and will consider just one lost home or business reason enough to stop this project.  She stated she wants to believe that Council is concerned with the residents wants and needs above those who might move to Hampton.  Ms. Richardson stated that she wants to continue to live in the home and neighborhood she has lived in without fear of some plan from an out of state firm remaking their neighborhood.  She believes that the City of Hampton can do more to notify the public about projects such as the Kecoughtan Corridor. 

 

Ms. Richardson stated that she has been involved in neighborhood projects with the City departments and instead of feeling good and confident about the City it has taught her that the average person does not matter and you cannot trust what you are told.

 

Mr. Dan Lyons, Ms. Pat Johnson and Ms. Carrie Snyder were called to speak to Council but not in attendance at that time.

 

Ms. Trish Ferraro, 602 Tappan Avenue, congratulated the citizens of Newport News for their victory in the Wal Mart land deal and likewise that the citizens of Hampton will be proud to say that our land at the Bayfront will be saved. 

 

She stated that in their efforts to stop developers, the Green Space Gals have decided to support the recall of Councilmember Gilliland.  She stated that the Green Space Gals believe he is not representing the citizens of Hampton, but instead looking out for the interest of the developers and investors. 

 

Mayor Kearney stated that he didn't want to mix two issues, and Ms. Ferraro stated she would like the opportunity to explain their position. 

 

She stated that Councilmember Gilliland first indicated his position on March 23, 2005, when he expressed his concerns for the kind of message the Council would be sending to the developers and investors when they decided to pass the Buckroe Master Plan on the condition of fine tuning the Bayfront Initiative.  She stated that the citizens want our representatives to be concerned about the wishes and desires of the people and concerned about the kind of messages sent to citizens.  She stated that considerable thought went into the decision to support the recall.

 

She stated after reviewing Councilmember Gilliland's campaign contributors online, the Green Space Gals had no doubt about their decision, especially when they saw many developer and investor type contributions.  She stated that leaders should not be blind- sighted on saving of the green space at Buckroe Beach.  She stated that our leaders must not hold any resentment or seek retribution against the desires of the majority of the citizens because of their decision to support the recall.

 

Councilmember Gilliland stated that the better part of valor is to not comment, but he felt two things need to be pointed out.  He stated that the Buckroe issue has nothing to do with the recall which is about the firing of George Wallace, which the majority of this Council voted for, and a decision that he stands by.   He also stated that it was his motion at a recent Council meeting, to have a City-wide meeting on the Buckroe Green Space, and he is not sure how he has become the enemy when he was the one calling for the City wide meeting to discuss the topic. 

 

Councilmember Gilliland stated that he requested a meeting with the Green Space Gals to discuss their views and his perspectives on the issues and they have refused to meet with him.  He stated that he is always open to dialogue, but when folks refuse to sit down and have an adult conversation about the issues, there is not much he can do about that.  He stated that he can still respond when attacked at Council, and he will continue to support the City-wide meeting on the Green Space.  He stated that the invitation is still open to the Green Space Gals to talk about their concerns and his concerns as was discussed in closed session.  He stated that he made a proposal that the Green Space Gals might find of interest.

 

Mayor Kearney stated that he knows where Councilmember Gilliland stands on the Green Space issue.

 

Ms. Sandra Canepa, 3 Markham Drive, stated that the invitation was received second- hand, not a written invitation like the Mayor sent, personally inviting us to come to discuss the issues.  She stated that naturally they would not respond to something that was not issued personally.

 

Ms. Canepa stated referencing Mayor Kearney's remarks concerning a forthcoming Buckroe Master Plan Public presentation, she asked what purpose will it serve for the Bayfront project?  She asked how the City will determine the citizen's desires regarding the Bayfront land after a Buckroe Master Plan infomercial is outlined by the Mayor.  She stated that most Hampton citizens already have their own Master Plans to worry about and will not be interested in attending a public presentation for a master plan that isn't in their own backyard. 

 

She stated the Bayfront project needs and deserves its own separate public presentation, and the land belongs to all Hampton taxpayers  147,000 citizens need to be adequately informed that the presentations are going to be about the Bayfront project. She stated that at the June 8, 2005, Council meeting, Council finally recognized that the Bayfront Initiative is a City wide project, rather than a Buckroe Beach neighborhood initiative, and agreed that something needed to be done about it.  She stated that Council then decided they wanted a light bulb meeting with the community to give everyone the opportunity to have input and a voice in what is being done on the Bayfront project.  She stated that Mayor Kearney recommended having a series of presentations to ensure that every working class citizen would have the opportunity to attend a meeting.

 

Ms. Canepa asked Council, as City leaders, to be fair to all citizens by taking the Bayfront project out from under the Buckroe Master Plan and giving it the individual respect and attention it deserves and needs.  She asked if City staff had provided answers to the questions asked on June 8, 2005, by Councilmember Leary, regarding Buckroe Park's acreage before and after the proposed additional parking.

 

Mayor Kearney stated that the Green Space Gals said they had no problem with the Buckroe Master Plan and that it was just the Bayfront Initiative.  He stated that when the presentation is put together, they will be called by Terry O'Neill, Director of Planning, and the presentation will include the entire realm of the project.  He stated they will be included in giving some pointers for the presentation.  Mayor Kearney stated that he cannot be any fairer than that.  He stated that this Council wanted to make sure the project in Buckroe as well as the projects on Kecoughtan and King Street be done properly.  He stated that this community cannot go forward if there is division. 

 

He stated that in the idea of fairness and doing what is right, another public meeting will be held and he stated it will be in a place that can hold 7,000 people.  Mayor Kearney stated that it will not be a debate. 

 

Cecile Trevathan, 311 Richmond Drive, expressed her concerns regarding the Bayfront Initiative.  She stated the following:

 

1 - The total amount of waterfront and near waterfront land is fixed by geography.

 

2 - The population will continue to grow and when the current available land is full, housing will grow upward.

 

3 - The value of waterfront will continue to appreciate at an unlimited rate.

 

4 - Once the City has disposed of land, reclaiming it, at any future time for citizen use will likely be economically prohibitive and if repurchased, will result in a windfall of incredible proportions for those few people fortunate enough to have purchased the property now.

 

5 - Any monetary benefits to the citizens of Hampton resulting from the sale of this property to the developers will be relatively slight.

 

6 - Any waterfront and near waterfront land which the City owns is a sacred trust and should be treated as such and held for the use and enjoyment of all current and future generations.  To sell this land now for some monetary gain, with little benefit to the average citizen, for the benefit of developers and a few affluent condo owners, is nothing less than irresponsible.

 

7 - Council that sells land now will sell out the future for a lesser immediate gain and do a disservice to generation of future Hamptonians.

 

Mr. Frank Otaffaro, 63 Wheatland Drive, stated that he requested information regarding the cost of an eight-foot fence and has not received the information.  Mr. Ottafaro also requested information regarding the status of the lawsuit with George Wallace.

 

The City Attorney stated that Mr. Ottafaro can call for the information.

 

Councilmember Leary believes that the citizenry is going to be pleased with what Council is trying to do with the Bayfront Initiative.

 

Councilmember Leary stated she requested the City Manager provide her a list of employees receiving a bonus in excess of $1,000 for the last five years.  She stated that in 2001, bonuses were $50,685, in 2002 bonuses were $127,202, in 2003 bonuses were $47,106 and in 2004 bonuses were $30,901 and 2005 bonuses were $68,818.21 for a total of the last five years of $324,712.21.  She stated that for someone to be upset with the Mayor over a bonus that went a little over a $1,000 for an individual that has collected millions in back taxes for this City and a staff that has worked over and beyond normal hours and has completely turned around the collection process in the Treasurer's office, she would have vote for the bonuses.  She stated that of the $324,712.21, Mr. Wallace approved $1,500.

 

Miscellaneous New Business

 


Adjournment

There being no further business to come before the Council, the meeting was adjourned at 11:45 p.m.                                                                                                                                                                                                                                                                                                   

 

 

                                                                        _______________________                                                                                                  Ross A. Kearney, II                                

                                                                                    Mayor

 

________________________________                               

Katherine K. Glass

Clerk of Council

                                                                                               

 

 

 

 

 

 

 

Dated approved by Council:_________________________