Last Publish on 5/21/2010 12:28:09 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 12, 2010
6:57:30 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward, Mayor
Staff:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, CMC, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Vice Mayor Joseph H. Spencer, II
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward recognized Deputy Clerk of Council, Brenda Vaccarelli, upon the occasion of her last evening meeting of Council.

Mayor Ward also welcomed the newly-elected members of council, Will Moffett, Chris Stuart and Donnie Tuck, who will take office on July 1, 2010.

Agenda item #39 (10-0138) was taken out of order and deferred so as to not inconvenience any in the audience who were present on that item.
CONSENT AGENDA
Consent Items
1.10-0184Approval of Minutes from the Afternoon Work Session, Public Comment Period and Evening Meeting held on April 14, 2010.
ACTION: Approved items 1, 3 , 5 and 7 of the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
2.10-0169Resolution Rescinding Resolution Number 10-0134 (Transferring Funds within the Capital Budget and Appropriating Revenues from the Fiscal Year 2010 General Obligation Bond Issuance) and Substituting a Resolution Transferring Funds within the Capital Budget and Appropriating Revenues from the Fiscal Year 2010 General Obligation Bond Issuance to Correct Line Item Entries and Inserting Buckroe Items Previously Omitted
ACTION: Approved - removed from consent agenda by Councilwoman Leary to allow additional explanation.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
3.10-0187Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of funds for the 2010 Summer Food Service Program for Children, Received from the U.S. Department of Agriculture
ACTION: Approved items 1, 3 , 5 and 7 of the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
4.10-0204Resolution Of The City Council Of The City Of Hampton, Virginia, Pursuant To Virginia Code Section 37.2-504.A.11 Authorizing The Hampton-Newport News Community Services Board To Incur Certain Borrowing Obligations
ACTION: Approved - this item was removed from the consent agenda by Councilwoman Leary to give the Manager an opportunity to further explain it.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
5.10-0205Resolution approving a contract between Nissan POMOCO Auto Group and the City of Hampton Department of Parks and Recreation to sponsor the POMOCO Family Movie Series and authorizing the City Manager to execute same.
ACTION: Approved items 1, 3 , 5 and 7 of the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
6.10-0220Resolution Amending the Resolution Establishing the Purchasing and Procurement Oversight Committee to Conform Member Term Limits to City Charter Requirements and Set Quorum
ACTION: Approved as amended - Councilman Wallace amended the matter to set the term length at four years as opposed to two years.

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
ACTION: Approved as amended - to allow 11 members as opposed to 10 members.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
7.10-0221Resolution Authorizing Execution of Memorandum Of Agreement Between The City Of Hampton And The School Board Of The City Of Hampton Regarding Community PEG TV
ACTION: Approved items 1, 3 , 5 and 7 of the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
8.10-0208Ordinance vacating (a) a portion of surplus city right of way located at North Mallory Street and Pembroke Avenue, abutting city lot 1A, LRSN 12006776 (“Lot 1A”) and containing approximately 1,312 sq. ft., (b) a portion of surplus city right of way on Pembroke Avenue abutting city lot 4A, LRSN 12006778 (“Lot 4A”) and containing approximately 458 sq. ft, and (c) a portion of an unimproved surplus 15’ city alley on Pembroke Avenue between Lot 1A and Lot 4A containing approximately 1,680 sq. ft. to be absorbed into said city lots 1A and 4A, and the dedication of approximately 61 sq. ft. of Lots 1A and 4A for right of way.
ACTION: Approved - this item was removed from the consent agenda at the request of Councilwoman Leary.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Ordinances
9.10-0201An Ordinance Granting A Franchise To Cox Communications Hampton Roads, LLC To Construct And Operate A Cable System In The City Of Hampton, Virginia And Authorizing And Directing The Mayor To Execute And The Clerk To Attest On Behalf Of The City Of Hampton.
ACTION: Presented by John Eagle, Assistant City Manager.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember George E. Wallace.
Resolutions
10.10-0207Resolution (i) authorizing the conveyance of City property in the Buckroe Area to Bruce Smith for $165,242.00, 3 lots (LRSNs 12006776,12006778 and 12006796) totaling approximately 65,438 square feet (1.5022 acres±) bounded on the east by Second Street, on the south by Pembroke Avenue and on the west by North Mallory; (ii) approving the terms of a Development Agreement between the City and the Developer; and (iii) authorizing the execution and delivery thereof for the proposed residential development in the Buckroe area.
ACTION: Presented by Mary Bunting, City Manager. The applicant, Bruce Smith, also made a presentation. Rock Bell, representing Bart Frye of Frye Properties, also provided information.
ACTION: Held Public Hearing - there were twelve speakers on this item.
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Paige V. Washington, Jr..
Fiscal Year Budget Hearings
11.10-0202Public hearing to obtain the views of citizens and review the 2011-2015 Consolidated Plan for Housing and Community Development, which includes the fiscal year 2011 Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) program budgets
ACTION: Presented by Angela Shenk, Senior Neighborhood Development Specialist.
ACTION: Held Public Hearing - there were two speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
12.10-0181Public Hearing to Receive Citizens' Comments Relative to the FY 2011 Budget.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - there were five speakers on this item.
13.10-0190An 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, 2010 and Ending on June 30, 2011.
ACTION: Moved to amend the City of Hampton, Virginia's fiscal year 2011 Operating Budget adopted on first reading as read by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Adopted on Second and Final Reading as Amended - operating budget

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
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, 2010, and ending June 30, 2011, as adopted on first reading as read by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
ACTION: Adopted on Second and Final Reading as Amended - appropriation of monies for the General Fund.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
14.10-0174An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Capital Budget for the City of Hampton for the Fiscal Year Beginning July 1, 2010 and Ending June 30, 2011.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
15.10-0180An 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, 2010 and Ending June 30, 2011.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
16.10-0175An 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, 2010 and Ending June 30, 2011.
ACTION: Moved to amend an ordinance appropriating monies for the stormwater Management Fund for the fiscal year beginning July 1, 2010, and ending June 30, 2011, as adopted on first reading as read by Councilman Washington.

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Randall A. Gilliland.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Ross A. Kearney, II.
17.10-0176An 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, 2010 and Ending June 30, 2011.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
18.10-0211An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Hamptons Golf Course for the Fiscal Year Beginning July 1, 2010 and Ending June 30, 2010.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
19.10-0177An 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, 2010 and Ending June 30, 2011.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
20.10-0209An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses for the EXCEL Fund for the Fiscal Year Beginning July 1, 2010 and Ending June 30, 2011.
ACTION: Adopted

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
21.10-0210An Ordinance to Adopt a Budget and Appropriate Monies for the Economic Development Fund for the Fiscal year Beginning July 1, 2010 and Ending June 30, 2011.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
22.10-0178An 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 and Privately Owned Camping Trailers and Motor Homes Used For Recreational Purposes Only, and Motor Vehicles Owned Regularly Used by Disabled Veterans in the City of Hampton, Virginia for the calendar year beginning January 1, 2011 and ending on December 31, 2011.
ACTION: Moved to amend an ordinance to set the tax rate on tangible personal property for the calendar year beginning January 1, 2011, and ending December 31, 2011, as read by Councilman Washington.

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Moved to adopt the ordinance in the preceding motion as amended.

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Angela Lee Leary.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Angela Lee Leary.
23.10-0170Ordinance To Amend And Reenact Chapter 18.1 “Licenses”, Article II. “Classifications Of Business”, Division 1 “Generally”, Section 18.1-32 “Alcoholic Beverages—Generally” Of The Code Of The City of Hampton, Virginia To Increase The Taxes Imposed For Certain ABC Licenses.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
24.10-0186Ordinance to amend and reenact Chapter 9 “Building and Development Regulations”, Article II “Building Code”, Division 2 “Permit and Inspection Fees”, Sections 9-42 “Building Fees Generally”, 9-43 “Electrical Fees”, 9-44 “Mechanical and Gas Fees”, 9-45 “Plumbing Fees” to increase certain fees and to Repeal 9-46 “Permit Reissuance Fee”.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
25.10-0188Ordinance to amend and reenact Chapter 26, “Parks and Recreation”, Article I, “In General”, Section 26-4 “Responsibilities of the Director of Parks and Recreation”, and Article II, “Regulations Governing Parks and Recreation Areas Generally”, Section 26-26 “Reservation of Areas for Use by Specific Individuals or Groups”, to clarify the authority to establish fees for the use of recreational facilities and services and to delete language referencing picnic shelter fees as those are specified along with other Parks and Recreation fees in the Budget
ACTION: Adopted

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
26.10-0189Ordinance to amend and reenact Chapter 21, “Motor Vehicles and Traffic”, Article I, “In General”, Section 21-1, “Adoption of State Law”, to add an additional state code citation and Article III, “Permit for Operation of Oversize or Overweight Vehicles” to incorporate the City’s Moving and Hauling Policy Manual, increase permit fees from $10-$25 to $75-$200 and to add thereto new sections 21-89 thru 21-94 relative to administration of permits issued.
ACTION: Adopted

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
27.10-0194Ordinance To Amend And Reenact Chapter 21 “Motor Vehicles And Traffic”, Article II. “Local Vehicle License”, Section 21-41 “Amount of Tax—Generally” of the Code of the City of Hampton, Virginia To Increase The Motor Vehicle License Fees On Passenger Cars Less Than Or Equal To 4,000 Pounds To $30, On Passenger Cars Greater Than 4,000 Pounds To $35 And On Motorcycles With Or Without A Sidecar To $17.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
28.10-0192Ordinance To Amend And Reenact Chapter 18.1 “Licenses”, Article II. “Classifications Of Business”, Division 1 “Generally”, Section 18.1-31 “Rates For License Tax And License Fee” Of The Code Of The City of Hampton, Virginia To Increase The Fee Imposed From $30 To $50.
ACTION: Adopted

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Angela Lee Leary.
29.10-0195Ordinance To Amend And Reenact Chapter 21 “Motor Vehicles And Traffic”, Article II. “Local Vehicle License”, Section 21-42 “For Vehicles Not Designed Or Used For Transportation Of Passengers—Generally” of the Code of the City of Hampton, Virginia To Increase The Motor Vehicle License Fee For Vehicles Not Designed Or Used For Transportation Of Passengers And To Decrease The Motor Vehicle License Fee For Vehicles Used For Transporting Well-Drilling Machinery And Specialized Mobile Equipment.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
30.10-0196Ordinance To Amend And Reenact Chapter 1 “General Provisions”, Section 1-14 “Assessment Of Additional Court Costs In Criminal And Traffic Cases For Courthouse And Courtroom Security” Of The Code of the City of Hampton, Virginia To Increase The Fee Imposed From $5 To $10.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
31.10-0197Ordinance To Amend And Reenact Chapter 2 “Administration”, Article IV. “Finance Generally”, Section 2-135 “Fee For Passing Bad Checks To City” Of The Code of the City of Hampton, Virginia To Increase The Fee Imposed From $20 To $35.
ACTION: Adopted

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
32.10-0198Ordinance To Amend And Reenact Chapter 29 “Police”, Article I. “In General”, Section 29-4 “Provision Of Certain Records And Services; Fees” Of The Code Of The City of Hampton, Virginia To Increase The Fees Imposed For Certain Police Division Services.
ACTION: Adopted

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
33.10-0199Ordinance To Amend And Reenact Chapter 31 “Solicitors And Solicitations”, Article II. “Nonresident Commercial Solicitors”, Division 2 “Permit”, Sections 31-39 “Fee” And 31-43 “Renewal” Of The Code Of The City of Hampton, Virginia To Increase Solicitor’s Permit Fee And Renewal Fee.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington, Jr..
34.10-0200Ordinance to amend and reenact Chapter 38, ‘Vehicles for Hire”, Article II, “Taxicabs”, Division 1, “Generally”, Section 38-24 “Inspection of Vehicles and Correction of Defects” to establish a fee of $50 for inspections and Division 3, “Taxicab Driver’s Permit”, Section 38-82 “Fees” to increase the taxicab driver’s permit fee from $25 to $50 and the taxicab driver’s renewal fee from $15 to $40 of the Code of the City of Hampton, Virginia.
ACTION: Adopted

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Angela Lee Leary.
35.10-0179An Ordinance to Set the Tax Rate on Real Properties in the City of Hampton, Virginia, for the Fiscal year Beginning July 1, 2010 and Ending June 30, 2011.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Budget Ordinances
General Items
Appointments
36.10-0141to consider an appointment to the Hampton-Newport News Community Criminal Justice Board
ACTION: Deferred (6/9/2010)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember George E. Wallace.
37.10-0185to consider an appointment to the Board of Review of Real Estate Assessments
ACTION: Appointed David E. Richards to fulfill the unexpired portion of a term which will expire on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
38.10-0215to consider appointments to the Federal Area Development Authority
ACTION: Appointed Molly Joseph Ward and Ross Kearney, II, to the Fort Monroe Authority (FMA) for terms to be set by state law, commencing on July 1, 2010.

MOVER: Councilmember Angela Lee Leary.
Other Items
39.10-0138Consideration of application for dance hall permit by Marching Elites Association for 227 East Mercury Boulevard.
ACTION: Deferred Generally

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The City Manager reported on the dredging issues recently brought forward by citizens. Ms. Bunting confirmed that there are no current plans to relocate Blue Bird Gap Farm. The political issues which were raised will not be commented on by staff.
Miscellaneous New Business
  Councilwoman Leary relayed that there would be a citizen meeting at Tyler Elementary on Thursday night. She requested that citizens meetings be called with as much advance notice as possible and that we try to avoid conflicts with other events.
Adjournment
  The meeting was adjourned at 10:19 p.m.