Last Publish on 5/1/2006 4:10:16 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, April 26, 2006
6:59:27 PM
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
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council
First Public Hearing on FY2006 Budget

CALL TO ORDER/ROLL CALL
INVOCATION - Mr. Arnold Lorea, member of the Military Affairs Committee (MAC)
PLEDGE OF ALLEGIANCE TO FLAG -
  The colors were presented by the Phoebus High School Marine Junior ROTC.
MAYOR'S COMMENTS
  The Mayor made brief comments concerning the City Council Candidate's Forum which took place on Saturday, April 22, 2006.
CONSENT AGENDA
Consent Items - Second Reading
1.06-0199An ordinance to amend the Code of the City of Hampton, Chapter 37, Article II, entitled, "REAL ESTATE TAXES" by adding thereto a new Section 37-17.2 and by amending and re-enacting Section 37-16, Section 37-17, Section 37-17.1, Section 37-18, Section 37-19, Section 37-20, Section 37-21, Section 37-22, Section 37-23, Section 37-25, Section 37-27 and Section 37-29.
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
Consent Items - First Reading
2.06-0242Resolution authorizing the appropriation of $15,340 from the Economic Development Fund to the Industrial Development Authority for the construction of approximately 1,920 linear feet of pedestrian walkway on Howmet Drive in Copeland Industrial Park.
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
3.06-0248Resolution Approving FY06 Third Quarter Budget Adjustments
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
Consent Items - Other
4.06-0218Pembroke Avenue/Armistead Avenue Intersection Improvements - Engineering Services Project No. 07-005
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
5.06-0225Virginia Summer Food Service Program
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
6.06-0237Acquisition of right-of-way from Community Presbyterian Church located at 400 Fox Hill Road.
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
7.06-0244A Resolution Authorizing the Execution of An Agreement of Sale For the Purchase of Property known as Pressey Lane, Lot 2; Pressey Lane 90; and 55 Pressey Lane from Remy G. Girard.
ACTION: Approved Prior to moving for approval of agenda items 7, 8 and 9, Councilwoman Leary requested that more information be provided to Council in advance of property acquisitions appearing on Council agendas.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
8.06-0245A Resolution Authorizing the Execution of An Agreement of Sale For the Purchase of Property known as 915 N. Armistead Avenue, from North Armistead Properties, LLC, a Virginia Limited Liability Company.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
9.06-0247A Resolution Authorizing the Execution of An Agreement of Sale For the Purchase of Property known as 701 N. Armistead Avenue, Armistead Avenue North, 726 Back River Road, and Back River Road North, from Betty E. Stevens.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
10.06-0250Armistead Pointe Property - Revised Master Plan Engineering Services Project
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
11.06-0251Settlers Landing Road-On Street Parking Lanes Engineering Services Project No. 05028
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
12.06-0252Traffic Signal Installation on Armistead Avenue at Freeman Drive Engineering Services Project No. 07-002
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
13.06-0253Armistead Avenue/Link Road Improvements - Phase 1A Engineering Services Project No. 02-018
ACTION: Approved Prior to moving for approval of this item, Councilwoman Leary asked to be provided with an itemization of expenses in connection with this project.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
14.06-0254Approval of Minutes from Special Council Budget Meeting of March 29, 2006, and of the Afternoon and Evening Council Meetings of April 12, 2006.
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
15.06-0257Resolution Authorizing Release of Restrictive Covenant at 44 Fulton Street, Hampton, Virginia
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
16.06-0258Resolution Accepting The Conveyance Of Property By The Industrial Development Authority Of The City Of Hampton, Virginia To THe City of Hampton, Virginia
ACTION: Approved items 1-6, 10-12, and 14-16 of the Consent Agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
17.06-0228In Recognition of the 50th Anniversary of Smitty's Better Burger
ACTION: Presented by Mayor Kearney to John, Paul and Bill Smith.
18.06-0177Proclamation in Recognition of the 5th Anniversary of the Hampton Triad.
ACTION: Presented by Councilman Gilliland to Ms. Deborah Elliott, Foster Grandparents; Ms. Barbara Stewart, Adult Protective Services; Ms. Susan Elswick, Hampton Senior Center; Ms. Gwendolyn Taylor of 631 Greenlawn Avenue, Colonel Karen Bowden, Hampton Sheriff’s Office, Cpl. Allan Cline, Hampton Police Division and Ms. Lynn-Cherry-Miller, Hampton Fire and Rescue Division.
19.06-0200Proclaiming May 14-20, 2006, as Women's Health Week in the Cty of Hampton.
ACTION: Presented by Councilwoman Leary to Dr. S. William Berg, Director of the Hampton Health Department; Mr. Martin Wheeler, Business Manager; Ms. Mary Elizabeth White, Nurse Manager; Ms. Teresa Morewitz, Nurse Manager, Hampton Healthy Start; and Ms. Irene Ferrainolo, Health Educator.
20.06-0208Proclamation for National Military Appreciation Month May 1, 2006 to June 14, 2006 for Langley Air Force Base
ACTION: Presented by Councilman Sapp to Colonel Kevin Rumsey.
21.06-0209Proclamation for National Military Appreciation Month May 1, 2006-June 14, 2006 for Fort Monroe
ACTION: Presented by Councilman Sapp to Colonel Jason T. Evans.
22.06-0210Proclamation for National Military Appreciation Month May 1, 2006-June 14, 2006 for NASA Langley Research Center
ACTION: Presented by Councilman Sapp to Mr. Melvin Ferebee.
23.06-0211Proclamation for National Military Appreciation Month May 1, 2006-June 14, 2006 for the Veterans Administration Medical Center
ACTION: Presented by Councilman Sapp. A VA representative was not available.
24.06-0212Proclamation for National Military Spouse Day May 12, 2006
ACTION: Presented by Councilwoman Leary to Mrs. Peggy Mertz, President of the Military Remote and Waiting Spouse Group.
25.06-0217Proclaiming May 14-20, 2006, as Police Memorial Week in the City of Hampton.
ACTION: Presented by Councilman Tignor to Capt. Randy Lewis, Deputy Commander and Lt. Kenny Ferguson, Commander of Community Relations.
26.06-0226International Children's Festival Award Presentations -- Committee & Sponsor Recognitions
ACTION: Presented by Councilman Turner Spencer and Councilman Randy Gilliland to the following organizations in recognition of five years of support of the International Children’s Festival: Peninsula Korean-American Association, Desert Wind Dance Company, Hampton University Museum, Friends of Gemuetlichkeit, Inc., and Baldemar Galvan, Jr. Sponsors of the International Children’s Festival were Cox Communication and Hampton City Schools and they were also recognized.

27.06-0229Proclamation for Public Service Recognition Week
ACTION: Presented by Councilman Turner Spencer to Ms. Pam Brandon, Project Coordinator, City Manager’s Office, on behalf of the City Employee Appreciation Committee.
28.06-0230Proclaiming May 7-13, 2006 as Building Safety Week in the City of Hampton.
ACTION: Presented by Councilman Gilliland to Chief James Gray, Fire Division; Ms. Anne Marie Loughran, Fire Marshall; Mr. Craig Hudson, Architect; and Mr. Robert Blakeslee, Volunteer Fire Captain.
29.06-0231Proclaiming May 20-26, 2006 as Safe Boating Week in the City of Hampton.
ACTION: Presented by Councilman Tignor to Mr. Chris Baker, Hampton Fire Division and also to Scott Doggett.
30.06-0233Resolution proclaiming May 2006 as Neighborhood Month in the City of Hampton and recognition of the 2006 Neighborhood Month Essay Contest Winner, Elizabeth Campbell, a student at Eaton Middle School and a resident of the Westview Lakes neighborhood.
ACTION: Presented by Councilman Sapp to Jack Hall, Neighborhood Commission Chair and Will Moffett, Neighborhood Commissioner.

Miss Elizabeth Campbell read her winning essay.

REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Fiscal Year Budget Hearings
31.06-0243Public hearing to obtain the views of citizens on the proposed 2006-2007 Consolidated Annual Action Plan for Housing and Community Development, which includes the fiscal year 2006-2007 Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program budgets.
ACTION: Presented by Angelique Lenoir, Senior Neighborhood Development Specialist.
ACTION: Held Public Hearing There were no individuals present who wished to speak on this matter.
32.06-0246Public hearing to receive citizens' comments relative to the Fiscal Year 2007 General Fund, Capital Improvement Fund, Solid Waste Management Fund, Stormwater Management Fund, Wastewater Management Fund, E-911 Fund, EXCEL Fund, The Hamptons, Economic Development Fund and Hampton Roads Convention Center budgets.
ACTION: Presented by Jesse T. Wallace, Jr., City Manager and Chris Snead, Budget Director.
ACTION: Held Public Hearing Thirty five individuals spoke on this matter.
33.06-0240Public Hearing to receive citizens' comments relative to the proposed decrease in the Real Estate Property Tax from $1.20 per $100 assessed value to $1.17 per $100 assessed value.
ACTION: Held Public Hearing There were no individuals present who wished to speak on this matter.
General Items
Ordinances
34.06-0215Ordinance to Amend and Re-Enact Chapter 21, Division 2, Residential Parking Permit Program, Section 21-161. Definition.
ACTION: Deferred (6/14/2006)

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Resolutions
35.06-0241Fund Appropriation for Fort Monroe Legal and Environmental Technical Services
ACTION: Deferred (5/24/2006)

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Angela Lee Leary.
Appointments
36.06-0227consider appointments to the Virginia Municipal League (VML) Policy Committees
ACTION: Appointed Councilman Sapp to the Environmental Quality Committee, Councilman Gilliland to the Finance Committee, Vice Mayor Joseph Spencer to the General Laws Committee, Councilwoman Leary to the Human Development and Education Committee, and Mayor Kearney to the Transportation Committee. Councilman Turner Spencer is the Immediate Past President of the Virginia Municipal League and Councilman Tignor is ineligible for appointment to a committee as he is serving on the Executive Committee at this time.


MOVER: Councilmember Rhet Tignor.
37.06-0234consider an appointment to the Board of Visitors of the Eastern Virginia Medical School.
ACTION: Reappointed Dr. Minnie Stiff for a term from July 1, 2006, through June 30, 2009.

MOVER: Councilmember Rhet Tignor.
38.06-0235consider an appointment to the Neighborhood Commission.
ACTION: Appointed Mr. Hirang Patel to fill the remainder of Mr. Dan Seachord's unexpired term which expires September 30, 2006.

MOVER: Councilmember Rhet Tignor.
  Following agenda item 06-0241, Councilman Sapp spoke briefly with respect to the recommended budget.
Audiences Granted to the General Public
Miscellaneous New Business
Adjournment