Last Publish on 9/10/2009 3:28:05 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, September 09, 2009
7:04:09 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:
J. B. Oliver, Jr., Interim City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Paige V. Washington, Jr.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward recognized Shelly Ezanno of Bay Days, Inc. who shared information on this weekend's planned festivities.
CONSENT AGENDA
Consent Items
1.09-0348Approval of the Minutes from the Afternoon and Evening meetings of August 12, 2009.
ACTION: Approved items 1, 8, 9 through 13, and 15 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
2.09-0354Resolution Authorizing the Re-Appropriation of $225,129.00 from the General Fund Balance to the Hampton Redevelopment and Housing Authority's Hampton Business Incentives Corporation
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
3.09-0355Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2007 Port Security Grant Program Through the Virginia Department of Emergency Management And The Federal Emergency Management Agency.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
4.09-0356Resolution Appropriating Funds from Uncompleted Capital Projects Funded with General Funds, Stormwater Funds, and Economic Development Funds.
ACTION: Deferred (10/14/2009)

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
5.09-0357Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009-2010 Victim-Witness Program Grant from the Department of Criminal Justice Services.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
6.09-0358Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009-2011 Recovery Act, Victim-Witness Program Grant from the Department of Criminal Justice Services.
ACTION: Approved - items 09-0358 and 09-0359 were both approved on the same motion.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
7.09-0359Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009-2010 Comprehensive Community Corrections Act and Pretrial Services Act Grant Funding Program through the Hampton-Newport News Criminal Justice Agency from the Virginia Department of Criminal Justice Services.
ACTION: Approved - items 09-0358 and 09-0359 were both approved on the same motion.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
8.09-0360Resolution to Accept Additional 2010 Aid to Localities Funds from the Commonwealth of Virginia, Department of Fire Programs.
ACTION: Approved items 1, 8, 9 through 13, and 15 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
9.09-0362Resolution of the City Council of the City of Hampton, Virginia Approving the Issuance of Debt by the Hampton Roads Regional Jail Authority
ACTION: Approved items 1, 8, 9 through 13, and 15 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
10.09-0363Resolution Approving the Allocation of Funds for the Mercury Boulevard/Interstate 64 Interchange Landscaping and Authorizing the City Manager to Execute Agreements with the Virginia Department of Transportation
ACTION: Approved items 1, 8, 9 through 13, and 15 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
11.09-0364Resolution Approving the Allocation of Funds for the Pembroke Avenue/Armistead Avenue Intersection Improvements City Project 07-005
ACTION: Approved items 1, 8, 9 through 13, and 15 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
12.09-0365Resolution to Accept the Transfer of the State of Virginia's Radio Cache Equipment from the City of Chesapeake Fire Department to the City of Hampton Division of Fire & Rescue
ACTION: Approved items 1, 8, 9 through 13, and 15 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
13.09-0368Annual Report of the Hampton Youth Commission- FY 2008-2009
ACTION: Approved items 1, 8, 9 through 13, and 15 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
14.09-0370Ordinance to amend and re-enact Article III, Chapter 34, Section 34-4 of the Code of the City of Hampton, Virginia pertaining to liability insurance for projecting awnings.
ACTION: Moved to approve the ordinance as submitted with the exception of leaving the coverage amount at $100,000 instead of the proposed $500,000. The motion was withdrawn before a vote.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Deferred (10/14/2009)

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
15.09-0371Resolution Appropriating $300,000 from the General Fund Undesignated Fund Balance to the Capital Projects Fund for the New American Theatre Expansion which shall be reimbursed from the proceeds of the Fiscal Year 2010 General Obligation Bond Issue
ACTION: Approved items 1, 8, 9 through 13, and 15 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
16.09-0319Recognition of the Hampton Sheriff's Office Office for Receiving the "Triple Crown" Award
ACTION: Presented by John Thompson, the Chief of Staff of the National Sheriff's Association, to Sheriff B. J. Roberts who accepted the award on behalf of the Hampton Sheriff's Office.
17.09-0382Proclaiming September 11, 2009 as A Day of Remembrance and Hope
ACTION: Presented by Mayor Ward to John Gately and Peggy Mertz.
PUBLIC HEARINGS
Resolutions
18.09-0361Resolution authorizing the execution of a Lease Agreement between the City of Hampton and Downtown Hampton Development Partnership for the use of 800 square feet on the second floor of the Hampton Maritime Center Building (formerly the Cousteau Society Building) at 710 Settlers Landing Road for office use.
ACTION: Held Public Hearing - there were no speakers on the issue.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
General Items
Ordinances
19.09-0352Ordinance To Amend The Code Of The City Of Hampton, Virginia, By Adding A New Subdivision to Chapter 37, Article III, Division 2: [Subdivision] C., Section 37-164 Relating To Separate Classification Of Machinery And Tools.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
20.09-0353An Ordinance to Amend and Re-enact Non Coded Ordinance Number 1077 of the City of Hampton, Virginia 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, Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only, Recreational Vehicles, and Motor Vehicles Owned and Regularly Used by Disabled Veterans in the City of Hampton, Virginia for the Calendar Year Beginning January 1, 2010 and Ending on December 31, 2010.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember George E. Wallace.
21.09-0369Ordinance to amend and re-enact Chapter 34, Sections 34-86 through 34-89, Article III, of the Code of the City of Hampton, Virginia by creating a new Article III titled "Encroachments Into Public Streets and Other Public Ways, Places or Property"
ACTION: Moved to adopt the ordinance with the removal of the $150.00 fee.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
ACTION: Adopted

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Paige V. Washington, Jr..
Appointments
22.09-0270to consider an appointment to the Hampton Parking Authority
ACTION: Appointed Deborah Reiss to serve a four year term concluding on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
23.09-0274to consider appointments to the Hampton Employees Retirement System Board
ACTION: Reappointed S. William Rhode and appointed Ron Davis, a city employee, and Antoine Schmidt, a retired city employee to terms which will conclude on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
24.09-0294to consider an appointment to the Peninsula Agency on Aging Board of Directors
ACTION: Reappointed Dr. Marty Tenille for a term to conclude on September 30, 2012.

MOVER: Councilmember Angela Lee Leary.
25.09-0316to consider an appointment to the Hampton Federal Area Development Authority
ACTION: Deferred (10/14/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
26.09-0317to consider appointments to the Planning Commission
ACTION: Deferred (10/14/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
27.09-0372to appoint an official delegate, delegate alternate and staff assistant to the Urban Section of the Virginia Municipal League
ACTION: Appointed Councilwoman Angela Leary as Hampton’s official voting delegate and Councilman George Wallace as the alternate to the urban section of the Virginia Municipal League and designated Assistant City Manager Mary Bunting as the staff assistant.

MOVER: Councilmember Angela Lee Leary.
28.09-0373to consider an appointment to the Animal Control Advisory Board
ACTION: Reappointed Gary Hicks and reappointed Mary Bunting as the City’s representative to the Board, both to two year terms expiring on September 30, 2013.

MOVER: Councilmember Angela Lee Leary.
29.09-0375to consider an appointment to the Hampton Clean City Commission
ACTION: Appointed John Moyer to serve the unexpired portion of a term which will conclude on June 30, 2010.

MOVER: Councilmember Angela Lee Leary.
30.09-0376to designate a voting delegate and alternate to the National League of Cities Annual Business Meeting
ACTION: Appointed Councilwoman Angela Leary as Hampton’s voting delegate to the National League of Cities annual business meeting on November 14, 2009, and appointed Councilman Paige Washington as the alternate.

MOVER: Councilmember Angela Lee Leary.
31.09-0377to consider an appointment to the Peninsula Stadium Authority
ACTION: Reappointed Wanda Gomes, Trudy Kearney, and A. G. Womble and appointed Mike Revere, Pat Uribes, Ruth Simmons and Tim Smith to the following terms:

Ms. Gomes - September 30, 2010
Ms. Kearney - September 30, 2011
Mr. Revere - September 30, 2012
Ms. Simmons - September 30, 2013
Mr. Smith - September 30, 2010
Mr. Uribes - September 30, 2011
Mr. Womble - September 30, 2012.

MOVER: Councilmember Angela Lee Leary.
32.09-0378to consider an appointment to the Purchasing and Procurement Oversight Committee (PPOC)
ACTION: Appointed Teresa Walker to fulfill the unexpired portion of Dr. Lewis Bellinger’s term which will expire on June 30, 2010.

MOVER: Councilmember Angela Lee Leary.
33.09-0379to consider an appointment to the Hampton Senior Citizens Advisory Board
ACTION: Reappointed Al Scherrer to a four year term expiring on September 30, 2013 and appointed Lilly Hubbard to her first four year term which will expire on September 30, 2013.

MOVER: Councilmember Angela Lee Leary.
34.09-0380to consider an appointment to the Social Services Local Advisory Board
ACTION: Reappointed Charlotte Dillow to a four year term which will expire on September 30, 2013.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Moses Meadows expressed his pride in being from the City of Hampton and recognized the hard work that the members of Council and staff put into their duties.

Frank J. Ottofaro spoke on the taking of his property on Pine Chapel Road and requested a letter from the Mayor. He also spoke on City land purchases.

John Krulis thanked the people who serve the City of Hampton. He also spoke about the way the City acquires property.

Gaylene Kanoyton of Hampton Watch thanked staff for the reductions in fees for the after-school fees and requested additional information from the budget.

Larry Henderson spoke about School Board / Council communication and the current transportation changes.
Miscellaneous New Business
  Councilwoman Leary requested Mr. Krulis provide her with his research for her review. She also requested that Mr. Larry Henderson list his concerns and possible remedies for her review.

Councilman Wallace asked that the requested information be shared with all members of Council.

Councilwoman Leary thanked Councilman Kearney for attending the very first September 11th ceremony at Gosnold's Hope Park.
Adjournment