Last Publish on 11/12/2014 8:42:51 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, November 12, 2014
6:31:53 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Teresa V. Schmidt, Chris Snead, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
  Mayor Wallace called the meeting to order at 6:32 p.m. All members of the City Council were present.
INVOCATION - Vice Mayor Linda Curtis
  The invocation was given by Vice Mayor Curtis.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace read a proclamation naming Saturday, November 29, 2014, as "Small Business Saturday" in the City of Hampton, Virginia. It was presented to Leonard Sledge, Director of Economic Development.
CONSENT AGENDA
Consent Items
1.14-0439Approval of the minutes from the afternoon session of July 9, 2014; the special meeting of September 10, 2014; the evening meeting of September 24, 2014; the afternoon and evening meetings of October 8, 2014; and the spotlight on citizens and evening meetings of October 22, 2014.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
2.14-0418Ordinance To Amend And Reenact Chapter 28 “Pensions and Retirement”, Of The Code Of Hampton, Article II, “Hampton Employee’s Retirement System”, By Amending Section 28-43(a)(5) “System Constitutes Separate Trust; Board Of Trustees, Generally” To Change The Selection Process To Ensure Availability Of HERS Members For Future HERS Board Appointments And Section 28-47 “Investments” To Broaden The Investment Guidelines Which Mirrors The State Code And Also Follows VRS
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
3.14-0433Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Hazard Mitigation Grant Program through the Virginia Department of Emergency Management
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
4.14-0434Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2013 Flood Mitigation Assistance (FMA) Grant Application titled "City of Hampton, Elevation of 4 Properties," through the Virginia Department of Emergency Management
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
5.14-0435Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2013 Flood Mitigation Assistance Grant titled, "City of Hampton, Elevation of 7 Properties," through the Virginia Department of Emergency Management
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.14-0436Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the State Farm Good Neighbor Citizenship Grant Through State Farm Insurance
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
7.14-0440Resolution Appropriating Funds from the Air Power Park Museum FY15 Assigned Fund Balance Account
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
8.14-0443Resolution Requesting VDOT to Add the Attached List of New Streets to the State "Principal/Minor Arterial and Collector/Local" Street List
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.14-0444Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Maternal, Infant and Early Childhood Home Visiting (MIECHV) Grant Through the Commonwealth of Virginia's Department of Health.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
10.14-0446Resolution to Appropriate the Additional Allocation from the Virginia Department of Transportation for the Fiscal Year 2015 Urban Maintenance Program
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
11.14-0448Ordinance to Amend and Re-Enact Chapter 32.1 (Solid Waste), Article II of the Code of the City of Hampton Entitled "Collections By the City" by Amending Section 32.1-40 Pertaining to the Solid Waste User Fee Exemption for Qualified Elderly and Disabled Persons.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
12.14-0451Resolution authorizing the appropriation of $729,442 in fiscal year 2014 state carryover funds for the School Operating Fund of the School Board of the City of Hampton, Virginia to offset the impact of fiscal year 2015 state revenue adjustments.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
13.14-0454Request for Bank Franchise Tax Refund of Erroneous Assessment for Tax Years 2010, 2011, and 2012
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Use Permit
14.14-0450Use Permit Application No. 14-00017: by Theresa Sears for live entertainment inside Stillwater Tavern restaurant and Bar at 555 Settlers Landing Road, Suite O-P [LRSN 2002950].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - Jimmy Cerracchio of the Downtown Hampton Development Partnership spoke in favor of the use permit.
ACTION: Approved subject to twelve (12) conditions.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
Resolutions
15.14-0445Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of 308 Square Feet (0.007 Acre), More or Less, for a Temporary Construction Easement from a Portion of the Property Located at 19 Rudd Lane (LRSN 2003233) Owned by CJT, LLC for the Replacement of Bridge Street Bridge Project, City Project No. 07-010
ACTION: Presented by Mary Bunting, City Manager, with Chris Swartz, VDOT Civil Engineer/Project Manager available for questions.
ACTION: Held Public Hearing - there were no speakers.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Chris Snead.
General Items
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
16.14-0452Presentation on the Results of the 2014 Citizen Satisfaction Survey
ACTION: Presented by Nanci A. Glassman of Continental Research Associates, Inc.
17.14-0447Presentation on Projected Impact of State Budget Cuts
ACTION: Presented by Brian Deprofio, Special Projects Manager.
Miscellaneous New Business
  Councilman Tuck relayed that he heard from a citizen who had worked on the Martin Luther King memorial asking when work on the project would be resumed. The City Manager indicated that Mr. Gray, who recently retired, was working on it and she will get an update.

He also asked the City Manager to explain why citizens should not be concerned about the cell phone data collection used by the Hampton Police Division. Ms. Bunting explained that the information could not be gathered without a court order or search warrant so if citizens are not involved in criminal activity or actively involved with individuals involved in criminal activity they should have no concern about being involved in this situation. She went on to explain that this project involves the sharing of information between local police departments. The information is only gathered through court processes. The City Attorney elaborated that this type of data collection is used on the federal and state level also by statute. Hampton is in full compliance with statutes and the Attorney General's opinion on this issue. Councilman Tuck inquired why Council wasn't aware of this. The City Manager explained how administrative contracts are entered into and how they are always reviewed by the City Attorney first. The City Attorney indicated this is permitted by City Code section 2-12. Councilman Tuck compared this to the cigarette sting.

Councilman Tuck mentioned Police Chief Sult's presentation from July where he indicated that one of the things he would be implementing was 12 hour shifts. He requested a report on this from the Chief in December. Ms. Bunting said she would schedule time with the Police Chief.

Councilman Moffett expressed his support for the telephone data sharing. He requested clarification about what happens with regard to data collected when a person is found innocent. Vice Mayor Curtis, who was formerly a Commonwealth's Attorney, indicated that a person found innocent could request an expungement of the records by request at the Commonwealth Attorney's office and they prepare the Court order for entry and distribution to the entities holding records to notify them to destroy those records.
Public Comment
  Richard G. Sweitzer and Graham Sweitzer spoke concerning a situation on Otley Road.

Frank Ottofaro, Jr. spoke on the Ottofaro case.

Claire Neubert spoke requesting funding for the storm water local assistance fund.

Melissa Wright Kelly, Clarence W. Manson, Gloria A. Manson and Garry Reedy spoke on flooding, drainage, and street improvements needed in the Newmarket Creek area.

Edwin M. Boone spoke in opposition to the safe seat/resign to run issue from the last Council meeting.

David Dietrich spoke on City Council policy.

Melanie Paul expressed her thanks for preservation of artifacts from the Virginia School for the Deaf, Blind and Multi-handicapped.

The City Manager, Ms. Bunting, indicated that Council will include a statement of support for additional funding for storm water local assistance fund in the City's legislative package. She also explained that the City has requested the assistance of the Army Corps. of Engineers with respect to the flooding in Newmarket Creek area and they will do so. She also indicated that some of the home elevations will take place in that area. She also indicated that information on the Ottofaro case is available on the City's website.

Vice Mayor Curtis shared information from the Home Repair Blitz. 220 volunteers including Councilwoman Schmidt went to Cary Elementary and the Fordham neighborhood and worked on 16 homes owned by elderly and disabled individuals. They performed over $50,000 worth of work to help those in that community. She thanked those participating and also those who donated materials. Since 2012, over 116 homes have been improved by neighbors.
Adjournment
  The meeting adjourned at 8:26 p.m.