Last Publish on 5/5/2008 2:33:55 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 30, 2008
7:24:32 PM
Anderson W. Clary, Jr., Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, 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

CALL TO ORDER/ROLL CALL
  Councilman Clary was late arriving.

Mayor Kearney welcomed Councilman Washington back. Councilman Washington expressed his thanks to everyone who supported him during his illness.
INVOCATION - Vice Mayor Randall A. Gilliland
  The invocation was given by Vice Mayor Gilliland.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Kearney congratulated Cordella Clay and her two children, LeBron and Semoni, on their new home received last Saturday through Habitat for Humanity.

He also relayed that several Hamptonians were honored earlier today for their unique contributions to the community at the Women of Distinction Awards Luncheon hosted by YWCA. Dr. Katherine Johnson, Alexis Swann, Hampton City School's Linda Burke and Hampton's Channel 47 Manager, Beverly Penn, were recipients. The Mayor continued that the City is so proud of these individuals.

Mayor Kearney thanked the City Manager and Fire personnel for their assistance to Suffolk earlier this week following the tornadoes.

Councilman Sapp relayed some recent events with respect to the Fort Monroe Federal Area Development Authority. A consulting group is doing an economic analysis of the fort and there is a great deal of information available on the internet.
CONSENT AGENDA
Consent Items - Other
1.08-0150Request for Refund of Erroneous Tax Abatements for 2007.
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
2.08-0158Approval and Authorization for the Hampton Roads Planning District Commission to use the likeness of the Hampton City Seal.
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
3.08-0159Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the 2008 Summer Food Service Program for Children Received from the U.S. Department of Agriculture.
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
4.08-0160A Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Law Enforcement Terrorism Prevention Program (LETPP) Phase III Funded by the Department of Homeland Security Through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
5.08-0162Resolution Granting an Easement and Right of Way to Virginia Electric and Power Company for the Purpose of Transmitting and Distributing Electric Power to Property of the City of Hampton Located at 17 Freeman Drive.
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
6.08-0175Approval of the Minutes from the Afternoon and Evening sessions of City Council on April 9, 2008.
ACTION: Deferred (5/14/2008) approval of the afternoon minutes until the next meeting in order to check dollar values shown on page 6 of 20.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Approved evening minutes from April 9, 2008.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
7.08-0174Recognition and Awards Presentation - Five Years of Service to Hampton's International Children's Festival
ACTION: Presented to representatives of England and Spain. Vice Mayor Gilliland and Councilman Sapp presented the five year awards and the other countries were also recognized.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Fiscal Year Budget Hearings
8.08-0167Public Hearing to Obtain the Views of Citizens and Review the 2008-2009 Consolidated Housing and Community Development Action Plan, Which Includes the Fiscal Year 2008-2009 Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program Budgets.
ACTION: Presented by Angelique Lenoir, Senior Neighborhood Development Specialist. A vote on this matter is scheduled for May 7, 2008.
9.08-0177Presentation on FY09 Budget.
ACTION: Presented by Mary Bunting, Assistant City Manager.
10.08-0173Policy for Construction of New Curb and Gutter in Existing Residential Neighborhoods
ACTION: Presented by James A. "Pete" Peterson, Assistant City Manager. There was no vote on this item.
11.08-0163Public Hearing to Receive Citizens’ Comments Relative to the Proposed Decrease in the Real Estate Property Tax Rate from $1.06 per $100 of Assessed Value to $1.04 per $100 of Assessed Value.
ACTION: Held Public Hearing - A joint public hearing was held on agenda items 08-0163, 08-0164 and 08-0165, all of which are budget-related items. There were approximately 40 speakers.
12.08-0164Public Hearing to Receive Citizens’ Comments Relative to the Proposed Increase in the Sewer User Fee from $1.07 per 100 Cubic Feet to $1.48 per 100 Cubic Feet of Water Consumption.
ACTION: Held Public Hearing - A joint public hearing was held on agenda items 08-0163, 08-0164 and 08-0165, all of which are budget-related items. There were approximately 40 speakers.
13.08-0165Public Hearing to Receive Citizens’ Comments Relative to the Fiscal Year 2009 General Fund, Capital Improvement Plan, Solid Waste Management Fund, Steam Plant Management Fund, Stormwater Management Fund, Wastewater Management Fund, EXCEL Fund, “The Hamptons”, Economic Development Fund and Hampton Roads Convention Center Budgets.
ACTION: Held Public Hearing - A joint public hearing was held on agenda items 08-0163, 08-0164 and 08-0165, all of which are budget-related items. There were approximately 40 speakers.
Resolutions
14.08-0144Resolution Authorizing the Execution of a Lease Between the City of Hampton and Virginia Hospitality Services, Inc. for Approximately 1,513 sq. ft. of Space in the Woodlands Clubhouse at the Woodlands Golf Course, 9 Woodland Road.
ACTION: Held Public Hearing - Jim Wilson, Director of Parks and Recreation, explained that this matter involves a change in the restaurant contract at the Woodlands.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
15.08-0161Resolution Granting an Easement and Right of Way to Virginia Electric and Power Company for the Purpose of Transmitting and Distributing Electric Power to Property of the City of Hampton Located Behind the Fire Station at 1590 Briarfield Road and Leased to New Cingular Wireless PCS, LLC Under Assignment to Crown Communications, Inc.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Vice Mayor Randall A. Gilliland.
16.08-0166Resolution Authorizing the Execution of a Lease for 1,600 sq. ft. of City-owned Land and the Granting of (a) a 25,608.1 sq. ft. Ingress/Egress Easement, (b) a 4,447.8 sq. ft Power Easement, (c) a 2,791.0 sq. ft. Telephone Easement, and (d) a 357.4 sq. ft. Duct Bank Easement over City-owned Property Located at 300 Butler Farm Road to New Cingular Wireless, PCS, L.L.C. for a Power Equipment Compound.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
General Items
Resolutions
17.08-0154Resolution (a) Approving the Terms of a Development Agreement Among the City of Hampton (the “City”), the Hampton Redevelopment and Housing Authority (the “Authority”) and the Kicotan Co., Inc. (“Kicotan”), a Ground Lease Between Kicotan and the Authority, and a Cooperation Agreement Between the City of Hampton and the Authority, (b) Authorizing the Execution and Delivery of Same, and (c) Designating Kicotan as the Sole Source Contractor for Certain On and Off-Site Infrastructure Improvements at Kings Way and Queens Way.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
Appointments
18.08-0102to consider an appointment to the Hampton Redevelopment and Housing Authority.
ACTION: Deferred (7/16/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
19.08-0153to consider appointments to the Virginia Municipal League's 2008 Policy Committees.
ACTION: Appointed Mayor Kearney and Councilman Clary to Community and Economic Development, which is a new committee; Councilman Sapp to Environmental Quality; Vice Mayor Gilliland to Finance; Councilman Spencer to General Laws; Councilwoman Leary to Human Development and Education; and Councilman Washington to Transportation.

MOVER: Councilmember Angela Lee Leary.
20.08-0170to consider an appointment to the Wetlands Board.
ACTION: Appointed William L. Woods to fulfill the unexpired portion of Selvin Walker's term which will expire on December 13, 2010.

Council will consider the appointment of another alternate in July.

MOVER: Councilmember Angela Lee Leary.
21.08-0172to consider an appointment to the Hampton Parking Authority.
ACTION: Appointed Jim Turner to a term beginning May 19, 2008, and expiring on May 30, 2012.

MOVER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Frank J. Ottofaro spoke about the taking of his property at 11 Pine Chapel Road.

Bob Nuckles suggested an ordinance to eliminate bottom fishing to save the Chesapeake Bay.

Carleen Brower thanked the Mayor and Hardy Cash for their help with getting a fence to separate the new commercial area from Magruder Heights.

Michael Wade attempted to address Council on a personnel matter involving a member of Council and the Mayor indicated that it was not the appropriate time to do so.
Miscellaneous New Business
Adjournment