Last Publish on 5/21/2009 1:46:20 PM
City Of Hampton, VA
22 Lincoln Street
Hampton, Va 23669

www.hampton.gov
NOTICE OF ACTION
City Council - Evening Session
Council Chambers, 8th Floor, City Hall
Wednesday, May 13, 2009
6:59:39 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Molly Joseph Ward, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Ross A. Kearney, II
  Councilman Kearney gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.09-0145Resolution Appropriating $ 276,200.00 of Information Services Fund Retained Earnings for Payment of Debt on the City Hall Campus Telephone System.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
2.09-0165Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Award of the Bulletproof Vest Partnership Grant Program Through the U.S. Department of Justice.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
3.09-0166Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the 2009 Summer Food Service Program for Children Received from the U.S. Department of Agriculture.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
4.09-0167Resolution Authorizing The Creation Of A Separate Entity Exempt From Federal Taxation Under Internal Revenue Code § 501(C)(3) To Solicit Private Funding To Support The Hampton Mayor’s Committee For People With Disabilities.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
5.09-0186Resolution Authorizing the Submission of a Grant Application to the Virginia Department of Housing and Community Development for the Neighborhood Stabilization Program.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
6.09-0187Resolution Approving FY09 Third Quarter Budget Adjustments
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
7.09-0188Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Additional 2009 Aid to Locality Four-For-Life Funds Submitted by Hampton Fire and Rescue through the Commonwealth of Virginia, Office of Emergency Medical Services.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
8.09-0189Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009 Rescue Squad Assistance Fund Grant Submitted by the Fire Division Through the Office of Emergency Medical Services, Virginia Department of Health.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
9.09-0193Approval of the Minutes from the Afternoon and Evening Sessions of the Hampton City Council meetings on April 29, 2009, and from the Afternoon and Evening Special Meetings of May 6, 2009.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
10.09-0185Resolution Requesting the Virginia Department of Transportation to Program the Mercury Boulevard Resurfacing into the 6-Year Plan, and Authorizing the City Manager to Execute Local Administration Agreements and City/State Agreements for Implementation of this Project
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
11.09-0183In Recognition of Terrence Dargan
ACTION: Presented by Councilman Kearney to Chief James Gray and Capt. Andrew Call, who accepted on behalf of Terrence Dargan.
PUBLIC HEARINGS
Fiscal Year Budget Hearings
12.09-0155Public Hearing to Receive Citizens' Comments Relative to the Fiscal Year 2010 General Fund, Capital Improvement Plan, Solid Waste Management Fund, Stormwater Management Fund, Wastewater Management Fund, EXCEL Fund, The Hamptons Golf Course, Economic Development Fund and Hampton Roads Convention Center budgets.
ACTION: Held Public Hearing - a joint public hearing was held on items 09-0155, 09-0152, and 09-0153. There were three speakers.
13.09-0152Public Hearing to Receive Citizens' Comments Relative to the Establishment of a Sewer User Surcharge Fee at $0.44 per 100 Cubic Feet of Water Consumption to Comply with the Regional Consent Order Regarding Repair and Replacement of Sewer Lines.
ACTION: Held Public Hearing - a joint public hearing was held on items 09-0155, 09-0152, and 09-0153. There were three speakers.
14.09-0153Public Hearing to Receive Citizens' Comments Relative to the Proposed Emergency Medical Service Fee Increases.
ACTION: Held Public Hearing - a joint public hearing was held on items 09-0155, 09-0152, and 09-0153. There were three speakers.
15.09-0154Public Hearing to Receive Citizens' Comments Relative to the Proposed Real Estate Property Tax Rate of $1.04 per $100 of Assessed Value.
ACTION: Held Public Hearing - there were no speakers.
Voting on Budget Ordinances
16.09-0169An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses for the City of Hampton, Virginia, for Fiscal Year Ending Two Thousand-Ten.
ACTION: Moved to amend the City of Hampton, Virginia’s fiscal year 2010 Operating Budget adopted on first reading as follows:

General Fund

Decrease Revenues
-Reduce Personal Property Tax Current –
RV'S, Handicapped and Disabled Vehicles (62,000)
-Reduce Designated Fund Balance Debt Reserve (356,731)
-Reduce Appropriation from Fund Balance (30,000)

Decrease Appropriations
-Parks Division - Savings from Contracting out Litter Crew (73,913)
-Transfer to Other Funds - Debt Reserve Fund (356,731)
-Support Contractual - HRT (134,139)
-Contingency (239,255)

Increase Appropriations
-Civic & Community Support - Hampton Cup Regatta 10,000
-Coalition for Youth - Teen Center 42,807
-Community and International Relations - Sister City 15,000
-Hampton History Museum – (400th Anniversary) 60,000
-Non-Departmental - Holly Days Parade 20,000
-Organizational Support-VA Air & Space Center Special Events
and Bay Days 137,500
-Recreation Division - OHCC Pool 20,000
-Support - Grant - Hampton Roads Military & Federal Facilities
Alliance (HRMFFA) 50,000

Economic Development Fund

Increase Revenue
-EDF - Fund Balance 50,000

Increase Appropriations
-NAST 50,000

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Moved to adopt the City of Hampton, Virginia’s fiscal year 2010 Operating Budget on second and final reading as amended.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
ACTION: Moved to amend an ordinance appropriating monies for the General Fund of the City of Hampton, Virginia for the fiscal year beginning July 1, 2009 and ending June 30, 2010 as adopted on first reading as follows:

General Fund

Decrease Revenues
-Reduce Personal Property Tax Current – RV'S, Handicapped and
Disabled Vehicles (62,000)
-Reduce Designated Fund Balance Debt Reserve (356,731)
-Reduce Appropriation from Fund Balance (30,000)

Decrease Appropriations
-Parks Division - Savings from Contracting out Litter Crew (73,913)
-Transfer to Other Funds - Debt Reserve Fund (356,731)
-Support Contractual – HRT (134,139)
-Contingency (239,255)

Increase Appropriations
-Civic & Community Support - Hampton Cup Regatta 10,000
-Coalition for Youth - Teen Center 42,807
-Community and International Relations - Sister City 15,000
-Hampton History Museum – (400th Anniversary) 60,000
-Non-Departmental - Holly Days Parade 20,000
-Organizational Support-VA Air & Space Center Special Events and
Bay Days 137,500
-Recreation Division - OHCC Pool 20,000
-Support - Grant - Hampton Roads Military & Federal Facilities
Alliance (HRMFFA) 50,000

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Moved to adopt an ordinance appropriating monies for the General Fund of the City of Hampton, Virginia for the fiscal year beginning July 1, 2009 and ending June 30, 2010 on second and final reading as amended.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
17.09-0170An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Capital Budget for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance appropriating monies for the Capital Budget fund for the fiscal year beginning July 1, 2009 and ending June 30, 2010, on second and final reading.

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
18.09-0171An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Solid Waste Management Fund for the Fiscal Year Beginning July 1 , 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance appropriating monies for the Solid Waste Management Fund for the fiscal year beginning July 1, 2009 and ending June 30, 2010, on second and final reading.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
19.09-0172An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Stormwater Management Fund for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance appropriating monies for the Stormwater Management Fund for the fiscal year beginning July 1, 2009 and ending June 30, 2010.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Ross A. Kearney, II.
20.09-0173An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Wastewater Management Fund for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance appropriating monies for the Wastewater Management Fund for the fiscal year beginning July 1, 2009 and ending June 30, 2010, on second and final reading.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington.
21.09-0174An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Hamptons Golf Course for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance appropriating monies for The Hamptons Golf Course Fund for the fiscal year beginning July 1, 2009 and ending June 30, 2010.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
22.09-0175An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Hampton Roads Convention Center Fund for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance appropriating monies for the Hampton Roads Convention Center Fund for the fiscal year beginning July 1, 2009 and ending June 30, 2010, on second and final reading.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
23.09-0176An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the EXCEL Fund for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance appropriating monies for the EXCEL Fund for the fiscal year beginning July 1, 2009, and ending June 30, 2010.

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Randall A. Gilliland.
24.09-0177An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Economic Development Fund for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance appropriating monies for the Economic Development Fund for the fiscal year beginning July 1, 2009 and ending June 30, 2010.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
25.09-0178An Ordinance of the City of Hampton, Virginia, to Set the Tax Rate on Real Properties in the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2009 and Ending June 30, 2010.
ACTION: Moved to adopt an ordinance to set the tax rate on real properties at a rate of $1.04 per $100 of assessed value for the fiscal year beginning July 1, 2009 and ending June 30, 2010, on second and final reading.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Ross A. Kearney, II.
26.09-0179An Ordinance to Set the Tax Rate on Tangible Personal Property, Vehicles Without Motive Power (manufactured homes), Motor Vehicles Specially Equipped to Provide Transportation for Physically Handicapped Individuals, Machinery and Tools, and Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only, Recreational Vehicles and Motor Vehicles Owned and Regularly Used by Disabled Veterans in the City of Hampton, Virginia for the Calendar Year Beginning January 1, 2010 and Ending on December 31, 2010.
ACTION: Moved to amend an ordinance setting the tax rate on tangible personal property for the calendar year beginning January 1, 2010 and ending December 31, 2010, as adopted on first reading as follows:

-reduce the tax rate for motor vehicles specially equipped to provide transportation for physically handicapped individuals to a rate of $0.000001 per $100 of assessed value

-reduce the tax rate for privately owned camping trailers and motor homes used for recreational purposes only to a rate of $0.000001 per $100 of assessed value

-reduce the tax rate for motor vehicles owned and regularly used by Disabled Veterans in the City of Hampton to a rate of $0.000001 per $100 of assessed value

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
ACTION: Moved to adopt an ordinance setting the tax rate on tangible personal property (including Public Service Corporations) at a rate of $4.25 per $100 of assessed value; vehicles without motive power (manufactured homes) at $1.04 per $100 of assessed value; motor vehicles specially equipped to provide transportation for physically handicapped individuals at a rate of $0.000001 per $100 of assessed value; machinery and tools at a rate of $3.50 per $100 of assessed value; privately owned pleasure boats and watercraft eighteen feet and over, privately owned pleasure boats and watercraft, motorized and under eighteen feet and privately owned pleasure boats and watercraft, non-motorized and under eighteen feet, used for recreational purposes only at $0.000001 per $100 of assessed value; privately owned camping trailers and motor homes used for recreational purposes only at a rate of $0.000001 per $100 of assessed value; and motor vehicles owned and regularly used by Disabled Veterans at $0.000001 per $100 of assessed value in the City of Hampton for the calendar year beginning January 1, 2010 and ending December 31, 2010 on second and final reading as amended.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington.
27.09-0180An Ordinance to Amend and Re-enact Chapter 14, Article I, of the Code of the City of Hampton, Virginia, Entitled, “Fire Prevention and Protection”, Section 14-10, “Service Fees for Emergency Ambulance Transport”, to Increase Service Fees and Ground Transportation Mileage Fees.
ACTION: Moved to adopt an ordinance setting the Emergency Medical Service fees increases at $430.00 for Basic Life Support (BLS), $525.00 for Advanced Life Support Level 1 (ALS-1), $750.00 for Advanced Life Support Level 2 (ALS-2) and $9.00 for Ground Transport Mileage (GTM) per loaded mile for the fiscal year beginning July 1, 2009.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
28.09-0181An Ordinance to Amend the Code Of the City Of Hampton, Virginia, By Amending and Re-Enacting Chapter 30, Article III, Section 30-48 Pertaining to “Sewer User Surcharge Fee”.
ACTION: Moved to adopt an ordinance setting the “Sewer User Surcharge Fee” at $0.44 per 100 cubic feet of water consumption for the fiscal year beginning July 1, 2009.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
Conditional Privilege
29.09-0184Conditional Privilege Application No. 96 by Sandy Hall to allow live entertainment in the form of karaoke, live DJ, and dancing on a 0.19± acre lot at 555 Settlers Landing Road, Suite O & P (LRSN# 2002950).
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
Ordinances
30.09-0159Ordinance Authorizing the Transfer of Property in Buckroe by the City of Hampton to the Hampton Redevelopment and Housing Authority
ACTION: Presented by James Eason, Director of Economic Development.
ACTION: Held Public Hearing - There were four speakers on the item.
ACTION: Deferred (6/10/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
Resolutions
31.09-0149Resolution Authorizing the Execution of a Permit Agreement Between the City of Hampton and Tony Schultz for the Use of a 12' x 28' Concession Building for Concession Services at Briarfield Park, 1560 Briarfield Road.
ACTION: Held Public Hearing - There were no speakers on the item.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
32.09-0157Resolution Approving the License Agreement with Ambika Condo, L.L.C. for Installation of a Waterline on Old Town Lane for a Private Fire Hydrant
ACTION: Presented
ACTION: Held Public Hearing - There were no speakers on the item.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Frank J. Ottofaro spoke on the taking of his property on Pine Chapel Road. Rich Walker spoke on his real estate assessment. Sam Scott spoke on a request for stop signs.
Miscellaneous New Business
33.09-0204Presentation to the City Manager
ACTION: Moved to present the retiring City Manager, Jesse T. Wallace, Jr., with lifetime golf privileges to Hampton's golf courses: The Woodlands and The Hamptons.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
  Vice Mayor Spencer made a presentation from Council and Interim City Manager Jim Oliver of lifetime golf privileges at the Woodlands and the Hamptons golf courses to City Manager Jesse T. Wallace, Jr. and his wife, Pat.

City Manager, Jesse T. Wallace, Jr. expressed his appreciation to Council and acknowledged the contribution of his wife, Pat.

The members of Council expressed their appreciation to retiring City Manager, Jesse T. Wallace, Jr. upon the occasion of his retirement following 36 years of service to the citizens of Hampton.
Adjournment