Last Publish on 5/19/2011 11:42:44 AM
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 11, 2011
7:29:39 PM
Ross A. Kearney, II, Angela Lee Leary, Will Moffett, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Molly Joseph Ward, Mayor
Staff:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, CMC, Clerk of Council
Business/Final Reading of Budget

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Christopher G. Stuart
  The invocation was given by Councilman Stuart.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward recognized Vice Mayor Wallace who read a special resolution in recognition of Christine Snead.
1.11-0157Resolution in Recognition of Christine Snead
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
CONSENT AGENDA
Consent Items
2.11-0113Request for Refund of Erroneous Tax Abatements for 2008, 2009 and 2010
ACTION: Approved the consent agenda.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
3.11-0131Resolution to Accept and Appropriate the 2011 Aid to Locality Funds in the Amount of $116,558.16 from the Commonwealth of Virginia--Office of Emergency Medical Services to Hampton Fire & Rescue.
ACTION: Approved the consent agenda.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
4.11-0132Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the 2011 Summer Food Service Program for Children Received from the U.S. Department of Agriculture.
ACTION: Approved the consent agenda.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
5.11-0147A Resolution Approving FY2011 3rd Quarter Budget Adjustments
ACTION: Approved the consent agenda.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
6.11-0152Resolution appropriating $685,241.00 of designated fund balance from EMS fees for various EMS and Fire Capital needs.
ACTION: Approved the consent agenda.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
7.11-0156Resolution of the City Council of the City of Hampton, Virginia, supporting the application of DNK Trucking, Inc. for $300,000 in Industrial Access Railroad Track Funds from the Commonwealth of Virginia Department of Rail and Public Transportation for the installation of an industrial rail access at 905 G Street in Hampton, Virginia.
ACTION: Approved the consent agenda.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Use Permit
8.11-0146Use Permit Application No. 1071-2011 by Bay Disposal, Inc. to operate a recycling sorting facility at 310 E Street (LRSNs 1000080 and 13002089).
ACTION: Presented by Mike Hayes, Senior City Planner.
ACTION: Held Public Hearing - there were three (3) speakers on the item in addition to the applicant's attorney and their representative, Mr. Smiley.
ACTION: Approved with seven (7) conditions.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
Fiscal Year Budget Hearings
9.11-0155Public Hearing to Receive Citizens' Comments Relative to the FY 2012 Budget.
ACTION: Held Public Hearing - there were nine (9) speakers.
General Items
Ordinances
10.11-0134An 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, 2011 and Ending June 30, 2012.
ACTION: Moved to amend the City of Hampton, Virginia’s Fiscal Year 2012 Operating Budget adopted on first reading as follows:

Increase Revenues
Designation Fund Balance (End of Year Savings) - 250,000

Decrease Appropriations
Contingency - (734)
Fire and Rescue Division – Firefighter’s gear for Fire Station 11 to be purchased utilizing one-time EMS funding - (48,500)
Municipal Council – savings attributed to iPad Technology purchase - (10,000)
Outside Agencies/Support Contractual –
HRT (additional true-up savings) - (29,904)
Youth, Education and Family Services – School Age Program - (90,200)

Increase Appropriations
Non-Departmental – Disparity Study (revenue source – Designated Fund Balance) - 250,000
Outside Agencies/Support Contractual – Peninsula Stadium Authority (safety and accessibility of the stadium for a total contribution for this activity of $25,000) - 14,138
Outside Agencies/Support Contractual – Regional Air Service Enhancement Committee - 58,000
Outside Agencies/Support Contractual – Sister Cities - 12,000
Parks and Recreation - Recreation
Newtown Learning Center - 30,000
YH Thomas Community Center - 20,700
Kids’ Café – YH Thomas Community Center - 16,500
New Life Learning Center - 23,000
Youth, Education and Family Services – Neighborhood Youth Advisory Board - 5,000

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
ACTION: Moved to adopt the City of Hampton, Virginia’s Fiscal Year 2012 Operating Budget on second and final reading as amended.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
ACTION: Moved to amend an ordinance appropriating monies for the General Fund for the City of Hampton, Virginia for the Fiscal Year beginning July 1, 2011 and ending June 30, 2012 as adopted on first reading as follows:

Increase Revenues
Designation Fund Balance (End of Year Savings) - 250,000

Decrease Appropriations
Contingency - (734)
Fire and Rescue Division – Firefighter’s gear for Fire Station 11 to be purchased utilizing one-time EMS funding - (48,500)
Municipal Council – savings attributed to iPad Technology purchase - (10,000)
Outside Agencies/Support Contractual –
HRT (additional true-up savings) - (29,904)
Youth, Education and Family Services – School Age Program - (90,200)

Increase Appropriations
Non-Departmental – Disparity Study (revenue source – Designated Fund Balance) - 250,000
Outside Agencies/Support Contractual – Peninsula Stadium Authority (safety and accessibility of the stadium for a total contribution for this activity of $25,000) - 14,138
Outside Agencies/Support Contractual – Regional Air Service Enhancement Committee - 58,000
Outside Agencies/Support Contractual – Sister Cities - 12,000
Parks and Recreation - Recreation
Newtown Learning Center - 30,000
YH Thomas Community Center - 20,700
Kids’ Café – YH Thomas Community Center - 16,500
New Life Learning Center - 23,000
Youth, Education and Family Services – Neighborhood Youth Advisory Board - 5,000

Councilwoman Leary stated that she was voting aye with reservation on the maintenance portion of the School Board budget and asked for the record to reflect her concern verbatim.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
ACTION: Moved to adopt an ordinance appropriating monies for the City of Hampton, Virginia’s Fiscal Year 2012 Operating Budget on second and final reading as amended.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
11.11-0135An Ordinance to Adopt a Budget and Appropriate Monies for the Capital Projects Fund for the City of Hampton, Virginia for the Fiscal Year Beginning July 1, 2011 and Ending June 30, 2012.
ACTION: Adopted on Second and Final Reading

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
12.11-0136An 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, 2011 and ending June 30, 2012.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
13.11-0137An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Stormwater Management Fund for the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2011 and Ending June 30, 2012.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
14.11-0138An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Wastewater Management Fund for the City of Hampton, Virginia for the Fiscal Year Beginning July 1, 2011 and ending June 30, 2012.
ACTION: Adopted on Second and Final Reading

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
15.11-0139An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of The Hamptons Golf Course Fund for the Fiscal Year Beginning July 1, 2011 and ending June 30, 2012.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
16.11-0140An 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, 2011 and ending June 30, 2012.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
17.11-0141An ordinance to adopt a budget and appropriate monies for the Economic Development Fund for the Fiscal Year Beginning July 1, 2011 and Ending June 30, 2012.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
18.11-0133An Ordinance to Amend and Re-enact Chapter 37 “Taxation”, Article X “Cigarette Tax”, Section 37-302 “Levied; amount” of the Code of The City of Hampton, Virginia, to increase the tax levied and imposed upon the sale of cigarettes to thirty-seven and one-half (37.5) mills per cigarette ($.75 per pack of twenty).
ACTION: Adopted on Second and Final Reading

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Will Moffett.
19.11-0142An 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; 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; Privately Owned Camping Trailers and Motor Homes Used For Recreational Purposes Only; and Motor Vehicles Owned and Regularly Used by Disabled Veterans, in the City of Hampton, Virginia for the calendar year beginning January 1, 2012 and ending December 31, 2012.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
20.11-0143An Ordinance to Set the Tax Rate on Real Properties in the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2011 and Ending June 30, 2012.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
Appointments
21.11-0073to consider appointments to the Thomas Nelson Community College Board of Trustees.
ACTION: Appointed Cynthia Hudson and Robert Harper to four year terms expiring on June 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
22.11-0100to consider appointments to the Hampton Parking Authority
ACTION: Appointed Victor Hellman to a four year term which will expire on June 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
23.11-0103to consider appointments to the Purchasing and Procurement Oversight Committee
ACTION: Reappointed Martin Cross, James Crocker, Eugene Johnson, Lauren Yee, and William Pearson for four year terms expiring on June 30, 2015.



MOVER: Councilmember Ross A. Kearney, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Councilwoman Leary referred to a CIP policy adopted between 2005 and 2010 stating that, once the CIP is approved, Council doesn't look at acquisitions again. She requested a copy of the resolution that created that situation.
Adjournment
  The meeting adjourned at 8:56 p.m.