Last Publish on 12/18/2008 2:42:21 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, December 17, 2008
7:32:26 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Molly Joseph Ward, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Kearney
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward congratulated the Clay family, the most recent recipients of a Habitat for Humanity home.

Councilman Kearney shared thank you notes that he received from students at Moton and Aberdeen in connection with the Mayor's Book Club.

Mayor Ward introduced the Executive Director of the Fort Monroe Federal Area Development Authority (FADA), William (Bill) A. Armbruster. Mr. Armbruster had previously requested the opportunity to address Council and he thanked Hampton for working collaboratively with the Fort Monroe FADA. Councilman Wallace reminded citizens of the broadcast on Channel 47 which will take place on January 9th. This is part of the City's effort to communicate with the citizenry with respect to the future of Fort Monroe.

Mayor Ward also asked the City Attorney, Cynthia Hudson, to brief Council with respect to a citizens' petition filed with the Clerk of Council yesterday requesting a change in a City ordinance with respect to the Fort Monroe FADA. The City Attorney is in the process of reviewing the petition at this time.

Mayor Ward called upon Sam Martin, a representative of the committee of registered voters in Hampton who presented the petition concerning the Fort Monroe FADA ordinance. Mr. Martin briefly explained their request.

CONSENT AGENDA
Consent Items
1.08-0496Ordinance to amend and reenact Chapter 2, Article II “City Council”, Division 2 “Meetings”, Sections 2-36 and 2-43 to change frequency and time of regular meetings to provide for regular work sessions, and to change the order of business at the regular meetings.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
2.08-0497Ordinance to amend and reenact Chapter 2, Article II "City Council", Division 4, "Ordinances", Section 2-83 and to repeal Sections 2-81, and 2-84 to allow adoption of ordinances on first reading.
ACTION: Approved items 2 through 4 and 6 and 7 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
3.08-0500Request for Refund of Erroneous Tax Abatements for 2006, 2007, 2008 and 2009.
ACTION: Approved items 2 through 4 and 6 and 7 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
4.08-0501Authorization for City Manager to Enter into an Encroachment Agreement with CSX Transportation to Accomodate the Installation of Fiber Optic Network Cabling.
ACTION: Approved items 2 through 4 and 6 and 7 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
5.08-0506Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Green Community Improvement Project Grant through the Hampton Clean City Commission from the Waste Management Charitable Foundation.
ACTION: Adopted This matter was removed from the Consent Agenda by Vice Mayor Spencer who gave Debbie Blanton, Coordinator of the Hampton Clean City Commission, the opportunity to thank Waste Management for their support. Waste Management was represented by Greg Enterline, SPELLING AND TITLE

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
6.08-0508Approval of Minutes from Council Meeting of November 17, 2008, and Afternoon and Evening Sessions of Council on November 19, 2008.
ACTION: Approved items 2 through 4 and 6 and 7 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
7.08-0513Resolution Authorizing and Directing the City Manger to Execute and the City Clerk to Attest, on Behalf of the City of Hampton, Virginia, an Agreement Between the Virginia Peninsula Localities on Homelessness by and Among the Cities of Hampton, Newport News, Poquoson, Williamsburg and the Counties of James City and York Dated the 1st day of December, 2008.
ACTION: Approved items 2 through 4 and 6 and 7 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
8.08-0512Independent Auditor's Report
ACTION: Presented by Robert Bielat of Cherry, Bekaert & Holland, LLP, the City's independent auditors. He introduced Laura Tatum, the Manager from their office who was assigned to this project and worked closely with the staff of the Finance Department. He declared that the City has a clean audit.
PUBLIC HEARINGS
Resolutions - First Reading
9.08-0511Resolution Granting an Easement and Right of Way to Virginia Electric and Power Company for the Purpose of Transmitting and Distributing Electric Power to City of Hampton Properties Located Between Bayshore Lane and Resort Boulevard, Specifically Known as RPC Nos. 13001556 and 13001557.
ACTION: Held Public Hearing - There were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
General Items
Ordinances
10.08-0494An ordinance to amend Chapter 21, Article IX, Section 21-218 of the Code of the City of Hampton entitled “Designation of public highways of the city for golf cart operation; posting of signs” to clarify that the decision of the City Manager to deny a request for designation of a street for golf cart use is final and not appealable.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
11.08-0495An ordinance to amend Chapter 2, Article XIV, of the Code of the City of Hampton entitled “Procurement Office" to add a new Section 2-341 to allow for a prequalification process for contractors.
ACTION: Presented by Lisa Cumming, Procurement Manager.
ACTION: Adopted

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
12.08-0514Ordinance to amend and reenact Chapter 37, Article II, “Real Estate Taxes”, Sections 37-17, 37-17.2 and 37-22 to change the date for annual assessment valuation from July 1 to January 1 and to adjust the corresponding dates for appeal.
ACTION: Presented by Brian Gordineer, City Assessor.
ACTION: Adopted

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
Resolutions
13.08-0515Resolution Authorizing the Execution and Delivery of an Equipment Lease/Purchase Agreement and Related Instruments, and Determining Other Matters in Connection Therewith to Finance the Purchase of a New Public Safety Radio System.
ACTION: Deferred Generally

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
Appointments
14.08-0474to consider appointments to the City of Hampton Sesquicentennial Committee.
ACTION: Deferred (1/14/2009)

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Audiences Granted to the General Public
  Frank J. Ottofaro spoke about the taking of his property on Pine Chapel Road. He also spoke on the recent deaths of members of the Hampton community: Girard Chambers, H. O. Malone, and Eugene Jordan. He questioned the cost of sound walls.

Hugh Bassette spoke on his real estate tax assessment and the assessments in various areas of Hampton.

Dr. Theodore Reiff spoke on the needs of disabled citizens. He expressed his appreciation to James A. "Pete" Peterson for his recent correspondence. He concurred with the comments made by Mr. Bassette with respect to assessments.

Councilman Gilliland suggested that the Mayor's Committee for People with Disabilities do a best practices survey about access of disabled and handicapped citizens to their local governing bodies.

Miscellaneous New Business
  The Mayor offered members of Council the opportunity to express any thoughts they had for the community as this is the last Council meeting of 2008.

Councilwoman Leary acknowledged the difficult work the City Assessor does. She also shared an article for the record about innovations in cancer care which refers to Dr. Harvey and the cancer proton treatment institute. On a personal note, she thanked the citizens for returning her to office and offered holiday wishes to the community.

Councilman Wallace asked the community to remember the reason for the season and turn that into making others happy which will allow happiness to return in inner satisfaction. He wished everyone a cool Yule and a frantic First.

Councilman Gilliland shared that 2008 has been a stressful year in terms of terrorism, the economy and other factors. He encouraged everyone to hug their children and spend time with their family and to show sensitivity to others.

Councilman Washington wished everyone a Merry Christmas and reminded all of the reason for celebrating the season. He shared that there are others with needs in oiur community and we are blessed in more ways than we know. He encouraged all to do something for others in need.

Councilman Kearney expressed that he fits in at this time of the year. He sees the glass as half full and there is so much to be thankful for. Hampton has made preparations for the tough economic times we are experiencing. He congratulated the Phoebus Phantoms on their state football championship. He made a plea from Coach Dee and the staff of Phoebus High School for assistance with donations to provide the team with perhaps rings and/or jackets honoring their championship.

Vice Mayor Spencer indicated that we're fortunate to live in this area and are blessed with many military installations and defense contractors that help our economy. He remembered our millitary serving in far off lands. He recalled that forty years ago at this time he was in South Viet Nam and it was a lonely, lonely time so he knows the feeling of those young people serving far away who are serving in such a noble fashion.

Mayor Ward echoed the sentiments of her fellow members of Council and wished our citizens and employees a happy holiday season.
Adjournment