Last Publish on 5/22/2012 10:28:23 AM
City Of Hampton, VA
22 Lincoln Street
Hampton, Va 23669

www.hampton.gov
NOTICE OF ACTION
City Council - Evening Session/Final Budget Adoption
Council Chambers, 8th Floor, City Hall
Wednesday, May 09, 2012
7:01:49 PM
Ross A. Kearney, II, Will Moffett, Joseph H. Spencer, II, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, 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
  Mayor Ward called the meeting to order with all members of Council present.
INVOCATION - Christopher G. Stuart
  The invocation was given by Councilman Stuart.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward indicated that an increase in the real estate tax rate will not be considered tonight in that a compromise was reached with the School Board to get them the necessary funding without an increase in the real estate tax rate. The City Manager outlined the compromise.
CONSENT AGENDA
Consent Items
1.12-0157Resolution to Accept and Appropriate the 2012 Four-for-Life Aid to Locality Funds in the Amount of $111,083.96 from the Commonwealth of Virginia--Office of Emergency Medical Services to Hampton Fire & Rescue.
ACTION: Approved items 1, 2, and 4 through 6.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
2.12-0158Resolution to Accept and Appropriate a Virginia Department of Fire Programs Training Mini Grant to Purchase Materials to Build a Roof Ventilation and Trench Cut Prop for Hampton Division of Fire & Rescue's Training Group.
ACTION: Approved items 1, 2, and 4 through 6.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
3.12-0159Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the 2012 Summer Food Service Program for Children Received from the U.S. Department of Agriculture
ACTION: Approved - this item was removed at the request of Councilman Tuck who indicated that he may have a conflict on this item.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
4.12-0160Resolution designating Cherry, Bekaert & Holland, LLP as the Independent Auditor of the City of Hampton, Virginia for the fiscal years ending June 30, 2012, 2013 and 2014 with an option to extend contractually through 2016, and authorizing the City Manager to execute a contract with Cherry, Bekaert & Holland, LLP.
ACTION: Approved items 1, 2, and 4 through 6.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
5.12-0162 Resolution to Accept and Appropriate Funding Awarded to the City of Hampton, Division of Fire & Rescue from the Office of Emergency Medical Services--EMS Training Equipment Special Initiative Grant for Accredited ALS Training Programs
ACTION: Approved items 1, 2, and 4 through 6.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
6.12-0199Approval of the minutes from the afternoon session of June 8, 2011; the afternoon and public comment sessions of March 28, 2012; the afternoon, public comment and evening sessions of April 11, 2012; and the public comment period of April 25, 2012.
ACTION: Approved items 1, 2, and 4 through 6.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Fiscal Year Budget Hearings
7.12-0196Public Hearing to Receive Citizens' Comments Relative to the Proposed Real Estate Property Tax Rate of $1.05 per $100 of Assessed Value
ACTION: Council invited individuals to speak but this public hearing became unnecessary due to a compromise reached on funding for Hampton City Schools which makes the proposed real estate tax increase no longer necessary.
8.12-0195Public Hearing to Receive Citizens' Comments Relative to the: Fiscal Year 2013 General Fund Capital Improvement Fund Solid Waste Management Fund Stormwater Management Fund Wastewater Management Fund Fleet Services Fund Risk Management Fund Hampton Coliseum Fund Hampton Roads Convention Center Fund Proposed Real Estate Property Tax rate of $1.04 per $100 of Assessed Value Proposed Personal Property Tax Rate Fiscal Year 2013 Proposed Cigarette Tax Rate Increase Proposed Meals Tax Increase Information Technology Fund The Hamptons Golf Course budget The Woodlands Golf Course budget Economic Development Fund Proposed Commercial Fire Code Inspection and Fire Code Operational Permits Fee Proposed Residential and Commercial Stormwater Fee Increases Proposed Local Vehicle License Fee Increase Proposed Sewer User Surcharge Increase, and Proposed Increase to Permit and Inspection Fees.
ACTION: Held Public Hearing - there were seven speakers on the budget and they spoke in opposition to an increase in the cigarette tax.
General Items
Budget Ordinances Requiring Two Readings (May 2 and May 9, 2012)
9.12-0173An 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, 2012 and Ending June 30, 2013.
ACTION: Moved to amend the City's Fiscal Year 2013 Operating Budget and an ordinance appropriating monies for the General Expenses of the City, adopted on first reading, as indicated on the itemization read by the Clerk which is attached.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
10.12-0174An Ordinance to Adopt a Budget and Appropriate Monies for the Capital Budget for the City of Hampton, Virginia for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
11.12-0175An 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, 2012 and ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
12.12-0176An 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, 2012 and Ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
13.12-0177An 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, 2012 and ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
14.12-0178An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Fleet Services Fund for the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
15.12-0180An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Risk Management Fund for the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
16.12-0183An ordinance to adopt a budget and appropriate monies for the general expenses of the Hampton Coliseum Fund for the fiscal year beginning July 1, 2012 and ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
17.12-0184An ordinance to adopt a budget and appropriate monies for the general expenses of the Hampton Roads Convention Center Fund for the fiscal year beginning July 1, 2012 and ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - Councilman Stuart abstained from voting due to a conflict.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
18.12-0186An 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, 2013 and Ending on December 31, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
19.12-0187An Ordinance to Set the Tax Rate on Real Properties in the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013.
ACTION: Adopted on Second and Final Reading - agenda items 10 through 16, 18 and 19 were considered in one motion.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
20.12-0163An Ordinance to Amend and Re-enact Chapter 37 “Taxation”, Article X “Cigarette Tax”, Section 37-302 “Levied; Amount” of the Code of The City of Hampton, Virginia, to increase the tax levied and imposed upon the sale of cigarettes to forty-two and one-half (42.5) mills per cigarette ($.85 per pack of twenty).
ACTION: Moved to to amend an ordinance setting the tax rate on the sale of cigarettes at $0.85 per pack of twenty, adopted on first reading, to set the tax rate on the sale of cigarettes at $0.80 per pack of twenty on second and final reading.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
21.12-0164An Ordinance to Amend and Re-enact Chapter 37 “Taxation”, Article VII “Tax On Food And Beverages Sold By Food Establishments”, Section 37-227 “Levied; Amount” of the Code of the City of Hampton, Virginia, to increase the tax levied and imposed upon the sale of all food and beverages sold in the city in or from a food establishment to seven and one-half (7.5) percent.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
Budget Ordinances Requiring One Reading (May 9, 2012)
22.12-0179An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Information Technology Fund for the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013.
ACTION: Adopted on First and Final Reading - agenda items 22 through 25 and 27 through 30 were considered in one motion.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
23.12-0181An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of The Hamptons Golf Course for the Fiscal Year Beginning July 1, 2012 and ending June 30, 2013.
ACTION: Adopted on First and Final Reading - agenda items 22 through 25 and 27 through 30 were considered in one motion.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
24.12-0182An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of The Woodlands Golf Course for the Fiscal Year Beginning July 1, 2012 and ending June 30, 2013.
ACTION: Adopted on First and Final Reading - agenda items 22 through 25 and 27 through 30 were considered in one motion.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
25.12-0185An ordinance to adopt a budget and appropriate monies for the Economic Development Fund for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013.
ACTION: Adopted on First and Final Reading - agenda items 22 through 25 and 27 through 30 were considered in one motion.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
26.12-0169Ordinance To Amend And Reenact Chapter 14, Article II, Entitled "Fire Prevention And Protection" By Adding Thereto A New Section 14-29 Entitled "Fees For Commercial Fire Code Inspections And Fire Code Operational Permits"
ACTION: Adopted on First and Final Reading

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Will Moffett.
27.12-0170An Ordinance to Amend and Re-enact Chapter 33.1 “Stormwater Management”, Article II “Service Charges and Revenues”, Section 33.1-21 “Same-Billing, Payment, Interest, Fee and Lien” of the Code of The City of Hampton, Virginia, to increase the Residential Stormwater Fee to $6.41 per month and the Commercial Stormwater Fee to $6.41 per 2,429 sq. ft. of impervious area.
ACTION: Adopted on First and Final Reading - agenda items 22 through 25 and 27 through 30 were considered in one motion.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
28.12-0171An Ordinance to Amend and Re-enact Chapter 21 “Motor Vehicles and Traffic”, Article II “Local Vehicle License”, Section 21-41 “Amount of Fee –Generally” of the Code of The City of Hampton, Virginia, to increase the Local Vehicle License Fee to $35.00 for Motor Vehicles up to Two (2) Tons and $40.00 for Motor Vehicles Over Two (2) Tons.
ACTION: Adopted on First and Final Reading - agenda items 22 through 25 and 27 through 30 were considered in one motion.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
29.12-0172An Ordinance to Amend and Re-enact Chapter 30 “Sewers and Sewage Disposal”, Article III “Sewer Use Charges”, Section 30-48 “Amount” of the City of Hampton, Virginia, to increase the sewer user surcharge to sixty-six cents ($0.66) per 100 cu. ft. of water consumption.
ACTION: Adopted on First and Final Reading - agenda items 22 through 25 and 27 through 30 were considered in one motion.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
30.12-0191Ordinance To Amend And Reenact Chapter 9, Article II Of The Code Of The City Of Hampton Entitled "Building And Development Regulations", Article II "Building Code", Division 2 "Permit And Inspection Fees", Section 9-41 Entitled "Payment Prerequisite To Issuance Or Amendment Of Permit; No Refunds" To Increase The Fees By Ten Dollars ($10.00)
ACTION: Adopted on First and Final Reading - agenda items 22 through 25 and 27 through 30 were considered in one motion.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
Ordinances
31.12-0197Ordinance To Amend And Reenact Chapter 38 Of The Code Of The City Of Hampton Virginia Entitled "Vehicles For Hire", Division 5 Entitled "Fares", Section 38-127, Entitled "General Rates Prescribed; Charging Different Rates" And Section 38-129 Entitled "Charge For Waiting Time" To Increase The Rate Allowed To Be Charged For The First On-Seventh Mile From $1.75 to $2.75, And Increase The Rate For Each Additional One-Seventh Mile From $0.25 To $0.30 And To Repeal Section 38-146 Of Division 7 Entitled "Fuel Surcharge" To Eliminate The $1.00 Fuel Surcharge.
ACTION: Deferred (6/13/2012)

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Joseph H. Spencer, II.
Resolutions
32.12-0168Resolution Authorizing the issuance of General Obligation Public Improvement Refunding Bonds of the City of Hampton in the maximum principal amount not to exceed $87,000,000 to refund certain General Obligation Bonds previously issued by the City, and providing for the form, details and payment of such Bonds.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Donnie R. Tuck.
Appointments
33.12-0117to consider nominations to the Virginia Municipal League 2012 Policy Committees
ACTION: Appointed the following individuals to the Virginia Municipal League 2012 policy committees:

Community and Economic Development - Councilman Moffett
Environmental Quality - W. H. "Billy" Hobbs, Jr.
Finance - Councilman Stuart
General Laws - Vice Mayor Wallace
Human Development and Education - Chris Snead
Transportation - Donnie Tuck

MOVER: Councilmember Ross A. Kearney, II.
34.12-0161to consider appointments to the Neighborhood Commission
ACTION: Appointed Anthony White, II and Ryan Jones as youth representatives and Anthony Reyes as the City Representative in the place of Lynn Allsbrook, all of these terms will begin on May 31, 2012 and end on September 30, 2012.

MOVER: Councilmember Ross A. Kearney, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
Adjournment
  The meeting adjourned at 8:07 p.m.