Last Publish on 5/15/2007 3:17:27 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 09, 2007
7:28:23 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council
2nd Reading Final Approval of Budget

CALL TO ORDER/ROLL CALL
INVOCATION - Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items - Other
1.07-0225Resolution Supporting the Incorporation of the HAMPTON ROADS H2O – HELP TO OTHERS PROGRAM as a 501(c)(3) Nonprofit Corporation.
ACTION: Approved items 1 through 4 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
2.07-0256Request for Refunds of Erroneous Tax Assessments
ACTION: Approved items 1 through 4 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
3.07-0257Approval of Minutes from afternoon and evening sessions of Council on April 11, 2007.
ACTION: Approved items 1 through 4 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
4.07-0267Resolution Authorizing a Capital Budget Transfer in the Amount of $2,900,000 from FY 2007 School Construction Project to the FY 2007 School Maintenance Project.
ACTION: Approved items 1 through 4 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
5.07-0270A Resolution Appropriating $940,000.00 from Unappropriated Bond Interest Income for Real Property Acquisition and Related Costs for the Improvement of Access to and Preservation of Open Space at Sandy Bottom Nature Park.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
6.07-0271AN ORDINANCE TO AMEND AND REENACT CHAPTER 32.1, SECTION 32.1-40 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA
ACTION: Deferred (5/23/2007)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
PRESENTATIONS, PROCLAMATIONS, AWARDS
7.07-0253Recognition and Awards Presentation -- Five Years of Service to Hampton's International Children's Festival
ACTION: Presented by Councilman Spencer to the Thai American Association of Hampton Roads represented by Oot Singhaseni, Benjamard Best and Rudee Jacobs; American Turkish Association of Virginia represented by Vedat Aksoy and India represented by Jagdish Singh.
8.07-0264Proclamation Proclaiming the week of May 13-19, 2007 as Business Appreciation Week in the City of Hampton, Virginia.
ACTION: Presented by Councilman Sapp to Chand Deepak, President, Langley Research and Development Park Business Association; Craig Cope, President, Hampton Roads Center Owners Association; and Victor Sparber, President, Copeland Industrial Park Association.
9.07-0265Proclamation Recognizing Dr. M. Patrick McCormick of Hampton University, One of the State’s Outstanding Scientists of 2007.
ACTION: Presented by Councilman Tignor to Dr. M. Patrick McCormick.
10.07-0266Proclamation in Recognition of Freedom Fortress Celebration, 1607-2007
ACTION: Presented by Vice Mayor Gilliland to Cliff Whitehouse, Director-Plans, Analysis and Integration Directorate, IMNE-MNR-PAI and Colonel Jason T. Evans, Garrison Commander, Fort Monroe.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - First Readings
11.07-0189Rezoning Application No. 1241- by Daniel Rosinski to rezone 1.43+/- acres at 1227 Big Bethel Road from One-Family Residence District (R-11) to Neighborhood Commercial District (C-1) (LRSN: 4004316).
ACTION: Held Public Hearing - There were no speakers present.
ACTION: Denied

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
Ordinances - First Readings
12.07-0258AN ORDINANCE TO AMEND AND REENACT CHAPTER 33.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED “STORMWATER MANAGEMENT” AND TO REPEAL SECTIONS 33.1-13 AND 33.1-18, EFFECTIVE JULY 1, 2007.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
13.07-0255Zoning Ordinance Amendment by the City of Hampton to amend Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI-CBPD),” of the City of Hampton Zoning Ordinance.
ACTION: Held Public Hearing - Mr. Elliott Schlosser spoke on this issue.
ACTION: Approved on First Reading - Approved the Zoning Ordinance Amendment to amend and re-enact Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI-CBPD),” Sec 17.3-62 “Definitions,” and Sec.17.3-64 “Regulations for Development and Redevelopment."

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Approved on First Reading - Approved the Zoning Ordinance Amendment to amend and re-enact Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI-CBPD),” Sec 17.3-63 “Boundaries.”

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
Fiscal Year Budget Hearings
14.07-0227Public hearing to receive citizens’ comments relative to the Fiscal Year 2008 General Fund, Capital Improvement Fund, Solid Waste Management Fund, Storm Water Management Fund, Wastewater Management Fund, E-911 Fund, EXCEL Fund, The Hamptons, Economic Development Fund and Hampton Roads Convention Center budgets.
ACTION: Held Public Hearing
15.07-0228Public hearing to receive citizens’ comments relative to the proposed decrease in the Real Estate Property Tax from $1.14 per $100 of assessed value to $1.08 per $100 of assessed value.
ACTION: Held Public Hearing
16.07-0229Public hearing to receive citizens’ comments relative to the Fiscal Year 2008 increase in the Stormwater Management User Fees for the City of Hampton, Virginia, for the fiscal year beginning July 1, 2007 and ending June 30, 2008.
ACTION: Held Public Hearing
General Items
Ordinances
17.07-0250An 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, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading as Amended
ACTION: Moved to amend the City of Hampton, Virginia’s fiscal year 2008 Operating Budget adopted on first reading as follows:

Decrease Revenues:
~ Personal Property Taxes-Current (This will fund the 100% disabled veterans personal
property tax relief program) (100,000)


Increase Revenues:
~ Real Estate Taxes-Current 100,000
~ Business License Tax 24,321

Decrease Appropriations
~ Non Departmental: Pine Chapel Acquisition (150,000)
~ Employee Benefits: Health Insurance Premiums (87,222)
~ Contingency (24,545)
~ Civic and Community Support: Peninsula Community Foundation (50,000)
~ Civic and Community Support: Peninsula Fine Arts Center (146,000)
~ Civic and Community Support: Mariner’s Museum (100,000)

Increase Appropriations
~ Civic and Community Support: Other Contributions 246,000
ARC 12,000
JET Program 20,000
Career Café 15,000
Bay Days 50,000
~ Non Departmental-Fixed Costs for fuel to City Departments 82,608

~ Support Contractual-HRT increase due to fuel 132,159
~ Commissioner of Revenue for Business License Inspector 24,321

Capital Projects Fund

Reduce Appropriation: Bright’s Creek Project (1,500,000)
Increase Appropriation: King Street Improvements 1,500,000


MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to adopt the City’s fiscal year 2008 Operating Budget on second and final reading as amended.



MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
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, 2007 and ending June 30, 2008 as adopted on first reading as follows:

Decrease Revenues:
~ Personal Property Taxes-Current (This will fund the 100% disabled veterans personal
property tax relief program) (100,000)


Increase Revenues:
~ Real Estate Taxes-Current 100,000
~ Business License Tax 24,321

Decrease Appropriations
~ Non Departmental: Pine Chapel Acquisition (150,000)
~ Employee Benefits: Health Insurance Premiums (87,222)
~ Contingency (24,545)
~ Civic and Community Support: Peninsula Community Foundation (50,000)
~ Civic and Community Support: Peninsula Fine Arts Center (146,000)
~ Civic and Community Support: Mariner’s Museum (100,000)

Increase Appropriations
~ Civic and Community Support: Other Contributions 246,000
ARC 12,000
JET Program 20,000
Career Café 15,000
Bay Days 50,000
~ Non Departmental-Fixed Costs for fuel to City Departments 82,608

~ Support Contractual-HRT increase due to fuel 132,159
~ Commissioner of Revenue for Business License Inspector 24,321


MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
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, 2007 and ending June 30, 2008 on second and final reading as amended.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
18.07-0246An ordinance to adopt a budget and appropriate monies for the Capital Budget for the City of Hampton for the fiscal year beginning July 1, 2007, and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading as Amended
ACTION: Moved to amend an ordinance appropriating monies for the Capital Budget Fund for the fiscal year beginning July 1, 2007 and ending June 30, 2008 on first reading as follows:

Capital Projects Fund

Reduce Appropriation: Bright’s Creek Project (1,500,000)
Increase Appropriation: King Street Improvements 1,500,000


MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Moved to adopt an ordinance appropriating monies for the Capital Budget Fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2007 and ending June 30, 2008 on second and final reading as amended.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
19.07-0247An 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, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
20.07-0244An 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, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
21.07-0242An 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, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
22.07-0249An ordinance to adopt a budget and appropriate monies for the general expenses of “The Hamptons Golf Course” for the fiscal year beginning July 1, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
23.07-0243An 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, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
24.07-0245An ordinance to adopt a budget and appropriate monies for the general expenses of the EXCEL Fund for the fiscal year beginning July 1, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
25.07-0248An ordinance to adopt a budget and appropriate monies for the Economic Development Fund for the fiscal year beginning July 1, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
26.07-0241An ordinance to set the tax rate on real properties in the City of Hampton, Virginia, for the fiscal year beginning July 1, 2007 and ending June 30, 2008.
ACTION: Adopted on Second and Final Reading as Amended
ACTION: Moved to amend an ordinance to set the tax rate on real properties in the City of Hampton, Virginia for the fiscal year beginning July 1, 2007 and ending June 30, 2008 adopted on first reading as follows:

Reduce the Real Estate Tax Rate by Two Cents ($.02) from $1.08 per $100.00 of assessed value
to $1.06 per $100.00 of assessed value.



MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to adopt an ordinance to set the tax rate on real properties in the City of Hampton, Virginia for the fiscal year beginning July 1, 2007 and ending June 30, 2008 on second and final reading as amended.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
27.07-0240An ordinance to set the tax rate on tangible personal property, 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, and recreational vehicles in the City of Hampton, Virginia for the calendar year beginning January 1, 2008 and ending December 31, 2008.
ACTION: Adopted on Second and Final Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
28.07-0239An ordinance to amend the code of the City of Hampton, Virginia by amending and reenacting section 33.1-21 pertaining to "Stormwater User Fees".
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
29.07-0259AN ORDINANCE TO AMEND AND REENACT CHAPTER 41.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED “WETLANDS”, EFFECTIVE JULY 1, 2007.
ACTION: Approved on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
Appointments
30.07-0272to consider appointments to the Thomas Nelson Community College Board.
ACTION: Reappointed Joyce Melvin-Jones to a second term commencing on July 1, 2007, and expiring on June 30, 2011. Council appointed Christopher G. Stuart to a four year term commending on July 1, 2007, and expiring on June 30, 2011.

MOVER: Councilmember Rhet Tignor.
31.07-0273to consider an appointment to the Parks and Recreation Advisory Board.
ACTION: Appointed W. A. Bud Porter to a four year term expiring on April 30, 2011.

MOVER: Councilmember Rhet Tignor.
32.07-0274to consider an appointment to the Virginia Peninsula Disability Services Board.
ACTION: Deferred (5/23/2007)

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
33.07-0275to consider an appointment to the Hampton Parking Authority.
ACTION: Reappointed Robert Allsbrook to a second four year term which will expire on May 30, 2011.

MOVER: Councilmember Rhet Tignor.
Other Items
34.07-0268Appeal of Denial of Application for Taxi Driver Permit by Raymond Andrew White.
ACTION: Council heard the appeal of Raymond Andrew White.
ACTION: Moved to deny Mr. White's appeal.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Audiences Granted to the General Public
  There were no speakers.
Miscellaneous New Business
  Councilwoman Leary asked the City Manager for information concerning employee disclosure of real estate interests.

She also asked that consideration be given to asking Hampton University to assist in looking into the boat tax issue.

Councilman Tignor asked about a statute of limitations with respect to taxi driver permits.
Adjournment