Last Publish on 5/16/2014 7:53:54 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 14, 2014
7:04:43 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Chris Snead, Christopher G. Stuart, 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
  The meeting was called to order at 7:11 p.m. All members of City Council were present.
INVOCATION - Councilman Stuart
  Prior to the invocation, Councilman Chris Stuart shared the contents of a recent memo from the City Attorney regarding prayer at City Council meetings. He then proceeded to give the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace shared news about a new customer contact service, Faneuil Inc., to open in Peninsula Town Center this summer.
CONSENT AGENDA
Consent Items
1.14-0161Resolution Approving Fiscal Year 2014 Third Quarter Budget Adjustments
ACTION: Approved items 1 through 7 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
2.14-0167Approval of the minutes from the special meeting of April 14, 2010, the afternoon meeting of January 22, 2014; the afternoon meeting of February 12, 2014, the public comment period of February 12, 2014; the afternoon session of February 26, 2014; the public comment period of March 12, 2014; the joint meeting of the City Council and Hampton Redevelopment and Housing Authority Board of March 12, 2014; the special retreat meeting of March 26, 2014; the evening session of April 9, 2014; and the public comment period and evening session of April 23, 2014.
ACTION: Approved items 1 through 7 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
3.14-0206Requesting Renaming Owens Street to YMCA Way from the Intersection of Armistead Avenue to the YMCA Property
ACTION: Approved items 1 through 7 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
4.14-0207Resolution to Accept and Appropriate the 2014 Four-for-Life Aid-to-Localities Funds in the amount of $113,120.80 from the Commonwealth of Virginia—Office of Emergency Medical Services to the City of Hampton Division of Fire & Rescue.
ACTION: Approved items 1 through 7 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
5.14-0208Resolution Approving the City of Hampton, Virginia's Hampton Clean City Commission-Hampton Waterways Restoration Project Participation and Appropriation of the 2013 Virginia Trees for Clean Water Grant through the Virginia Department of Forestry
ACTION: Approved items 1 through 7 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
6.14-0209Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the 2014 Summer Food Service Program for Children received from the Virginia Department of Health/USDA
ACTION: Approved items 1 through 7 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
7.14-0210Resolution Authorizing the Appropriation of $206,301.50 from the General Fund Committed Fund Balance for the Hampton Business Incentive Corporation (“HBIC”) Program to the Economic Development Authority of the City of Hampton, Virginia
ACTION: Approved items 1 through 7 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
8.14-0154Rezoning Application No. 1312-2013 by Foxcroft, L.P. to rezone 14.38 + acres located at 59 Stapleford Way [LRSN 8003549] from One-Family Residence (R-11) District to Multiple Dwelling (MD-2) District with conditions.
ACTION: Presented by Tolu Ibikunle, City Planner.
ACTION: Held Public Hearing Larry Cumming, Attorney for the Applicant, gave a presentation.

There were five citizens who spoke in opposition to this item:
Bill Bryan, Sandra King-Medina, Terry Vann, Brenda Gervais, Frank Palmieri, and John Krulis.
ACTION: Approved - subject to nine (9) conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.14-0212Rezoning Application No. 14-00001: by Jonathan L. Yates to rezone 13.9± acres from R-15 [One-Family Residential District] with proffers to R-11 [One-Family Residential District] without proffers to facilitate the construction of a new communications tower by Beacon Towers.
ACTION: Presented by Alison Alexander, City Planner. A joint presentation was given on 14-0212, 14-0213, and 14-0214.
ACTION: Held Public Hearing - a joint public hearing was held on items 14-0212, 14-0213 and 14-0214.

The applicants, Jonathan Yates, Bill Schwartz, spoke as well as did Oakley Thorn, appraiser and Tom Smart, broker, both of whom were hired by the applicant.

There were four speakers: Andrew Bigelow (in favor), Serge Small (opposed), William Peters (opposed), and Chesley A. Sparkman (opposed to location of tower).
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
Use Permit
10.14-0213Use Permit No. 14-00001: by Jonathan L. Yates to permit a tree farm at 57 Tide Mill Lane.
ACTION: Presented by Alison Alexander, City Planner. A joint presentation was given on 14-0212, 14-0213, and 14-0214.
ACTION: Held Public Hearing - a joint public hearing was held on items 14-0212, 14-0213 and 14-0214.

The applicants, Jonathan Yates, Bill Schwartz, spoke as well as did Oakley Thorn, appraiser and Tom Smart, broker, both of whom were hired by the applicant.

There were four speakers: Andrew Bigelow (in favor), Serge Small (opposed), William Peters (opposed), and Chesley A. Sparkman (opposed to location of tower).
ACTION: Approved - subject to five (5) conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
11.14-0214Use Permit No. 14-00002: by Jonathan L. Yates to permit a communications tower at 57 Tide Mill Lane.
ACTION: Presented by Alison Alexander, City Planner. A joint presentation was given on 14-0212, 14-0213, and 14-0214.
ACTION: Held Public Hearing - a joint public hearing was held on items 14-0212, 14-0213 and 14-0214.

The applicants, Jonathan Yates, Bill Schwartz, spoke as well as did Oakley Thorn, appraiser and Tom Smart, broker, both of whom were hired by the applicant.

There were four speakers: Andrew Bigelow (in favor), Serge Small (opposed), William Peters (opposed), and Chesley A. Sparkman (opposed to location of tower).
ACTION: Approved - subject to 11 conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
12.14-0215Use Permit Application No. 14-00005: by Goodwill Industries of Central Virginia, Inc. (Goodwill) for a vocational training program (school) at 1911 Saville Row [LRSN 7001205].
ACTION: Presented by Matt Smith, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved - subject to seven (7) conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
13.14-0216Use Permit Application No. 14-00006: by Lutheran Family Services of Virginia, Inc. for an educational program (school) for adults with intellectual and developmental disabilities located at 130 Research Dr. [LRSN 13000452].
ACTION: Presented by Matt Smith, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved - subject to eight (8) conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
Ordinances
14.14-0150Ordinance Vacating a Surplus (1) 60’ Public Access Easement Containing 79,426± Square Feet (LRSNs 13003975 and 13003976); (2) a 60’ Public Utility Easement Containing 76,520± Square Feet (LRSNs 13003975 and 13003976); and (3) a Pump Station Easement Containing 2,679± Square Feet (LRSN 13003979) Located at 41 Floyd Thompson Boulevard.
ACTION: Withdrawn by applicant.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
15.14-0219Ordinance Vacating a Portion of a Subdivision Plat Entitled, “Plat of Gainsville,” Recorded in Deed Book 26 at Pages 112-114 and Located at the Corner of West Pembroke Avenue And G. Street With The Vacation Area Comprising 50,204± S.F. or 1.1525± acres of Unimproved Public Right-of-Way and Certain Identified Property Lines.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Adopted

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
Resolutions
16.14-0211Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of Partial Fee Takes and Easements, Pursuant to § 25.1-100, Et Seq. of the Code of Virginia of 1950, As Amended, from Thirty-Nine (39) Properties for the Saunders Road Widening Project
ACTION: Presented by Lynn Allsbrook, Deputy Public works Director/City Engineer.
ACTION: Held Public Hearing - Michelle Osborne spoke indicating she is okay with road going through but wants to continue to negotiate in good faith and asked that the properties purchased be taken down promptly so that the area doesn't look blighted.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
General Items
BUDGET ORDINANCES - SECOND READING (FIRST READING - MAY 7, 2014)
17.14-0199An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the City of Hampton, Virginia for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Moved to amend AGENDA ITEM NO. 14-0199, the City’s Fiscal Year 2015 Operating Budget (as set forth in the budget document) and an ordinance appropriating monies for the general expenses of the City, adopted on first reading, amendments as read by the Clerk and attached to the minutes.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
18.14-0183An Ordinance to Adopt a Budget and Appropriate Monies for the Capital Budget for the City of Hampton, Virginia for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015
ACTION: Moved to amend AGENDA ITEM NO. 14-0183, an ordinance to adopt a budget and appropriate monies for the Capital Budget of the City of Hampton, Virginia for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015, adopted on first reading, amendments as read by the Clerk and attached to the minutes.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
19.14-0184An 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, 2014 and ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
20.14-0186An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Stormwater Management Fund for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
21.14-0187An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Wastewater Management Fund for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
22.14-0185An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Steam Plant for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
23.14-0188An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Fleet Services Fund for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
24.14-0189An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Risk Management Fund for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
25.14-0190An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Hampton Coliseum-Hampton Arts Commission Fund for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
26.14-0191An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Hampton Roads Convention Center for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
27.14-0192An Ordinance to Set the Tax Rate on Real Properties in the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
28.14-0197An Ordinance to Increase the Tax Rate on Tangible Personal Property and Set the Tax Rate on Vehicles Without Motive Power (Manufactured Homes), Motor Vehicles Specially Equipped to Provide Transportation for Physically Handicapped Individuals, Machinery and Tools, Machinery and Tools Used Directly in the Manufacture of Precision Investment Castings; Boats or Watercraft Weighing Five Tons or More, Not Used Solely For Business Purposes; Boats or Watercraft Weighing Less Than Five Tons, Not Used Solely for Business Purposes; Boats or Watercraft Weighing Five Tons or More, Used for Business Purposes Only; Boats or Watercraft Weighing Less Than Five Tons, Used For Business Purposes Only and Privately Owned Camping Trailers and Motor Homes Used For Recreational Purposes Only, and Motor Vehicles Owned Regularly Used by Disabled Veterans in the City of Hampton, Virginia for the Calendar Year Beginning January 1, 2015 and Ending on December 31, 2015.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
BUDGET ORDINANCES - FIRST AND FINAL READING
29.14-0193An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Information Technology Fund for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
30.14-0194An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Hamptons Golf Course for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
31.14-0195An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Woodlands Golf Course for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
32.14-0196An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of Economic Development Fund for the Fiscal Year Beginning July 1, 2014 and ending June 30, 2015.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
33.14-0217Ordinance to Amend and Re-Enact Chapter 37, Article II of the Code of the City of Hampton Entitled “Real Estate Taxes” by Amending Division 6 Sections 37-116 through 37-119 and Sections 37-121 through 37-128 Pertaining to Elderly and Disabled Persons.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
34.14-0218Ordinance To Amend and Re-Enact Chapter 32.1, Article II Of The Code Of The City of Hampton Entitled "Collections By The City" By Repealing Section 32.1-40 Pertaining To Exemption For Elderly And Disabled Persons
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Mayor Wallace thanked the staff for the hard work they did on this year's budget.

Councilwoman Snead commended the City Manager and the Superintendent of Schools for their work and diligence on the hard cuts they had to make and expressed her hope that the state budget will allow some things to be reinstated.

The City Manager thanked several members of her staff for the difficult work they did during this year's budget process.
Miscellaneous New Business
  Vice Mayor Curtis shared that there were two initiatives discussed by Hampton City Schools recently which directly address youth violence. The first is the "Here" initiative where multiple agencies provided support for truant students which has resulted in a drop from nearly 6,200 truant students in the 2010-11 school year to 2,676 in the 2012-13 school year. The other is the BASE pilot program which has resulted in a 10 percent overall growth in student performance at Bassette and a reduction in truancy cases from 81 to 9.

Councilwoman Snead announced that it will be Fitness Day at Hampton City Hall this Friday where she will lead an employee walk/run at 12:15 p.m.
Adjournment
  The meeting adjourned at 10:15 p.m.