Last Publish on 10/10/2014 2:36:07 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 24, 2014
6:47:42 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Teresa V. Schmidt, Chris Snead, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
  Mayor Wallace called the meeting to order at 6:52 p.m. All members of City Council were present.
INVOCATION - Councilwoman Teresa Schmidt
  The invocation was given by Councilwoman Schmidt.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
1.14-0393Ordinance to Amend and Re-Enact Chapter 37, Article II, Division 6 of the Code of the City of Hampton Entitled “Real Estate Taxes” By Adding Section 37-129 Pertaining to the Delay of the Implementation of Amendments Governing the Deferral or Freeze of Real Estate Taxes for Certain Qualified Elderly and Disabled Persons .
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
CONSENT AGENDA
Consent Items
2.14-0387Approval of the minutes from the afternoon sessions of May 7, 2014, and August 13, 2014.
ACTION: Approved 14-0387, 14-0386 and 14-0391 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
3.14-0386Resolution Authorizing the Appropriation of $183,000 in Unspent Funds from Fiscal Year 2014 to Commited Fund Balance to Complete the Purchase of Public Safety Equipment.
ACTION: Approved 14-0387, 14-0386 and 14-0391 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
4.14-0391Resolution Appropriating Funds for Uncompleted Capital Improvement Projects Funded with Economic Development Funds and Economic Development Authority Projects Funded from General Fund.
ACTION: Approved 14-0387, 14-0386 and 14-0391 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Resolutions
5.14-0392Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of a Partial Fee Take and a Temporary Construction Easement from Property Owned by EFP, LLC, Located at 1306 N. King Street (LRSN 8005253)
ACTION: Removed - this item resolved prior to the meeting and, as such, was removed from the agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.14-0354Resolution to Create the Fox Hill Townhome Rental Inspection District
ACTION: Presented by Steve Shapiro, Deputy Director of Community Development. A joint presentation was held on 14-0354 and 14-0355.
ACTION: Held Public Hearing - a joint public hearing took place on 14-0354 and 14-0355. Mr. Wayne Powell spoke.
ACTION: Approved

MOVER: Councilmember Teresa V. Schmidt.
SECONDER: Councilmember Chris Snead.
Ordinances
7.14-0355Ordinance to Amend and Reenact Chapter 9, Article VIII of the Code of the City of Hampton Entitled “Identification and Inspection of Rental Dwelling Units”.
ACTION: Presented by Steve Shapiro, Deputy Director of Community Development. A joint presentation was held on 14-0354 and 14-0355.
ACTION: Held Public Hearing - a joint public hearing took place on 14-0354 and 14-0355. Mr. Wayne Powell spoke.
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
General Items
Resolutions
8.14-0382Resolution Authorizing the Grant of an Encroachment, Pursuant to § 34-86 of the City Code, to James Edward Fullen, Frederic William Bradley, Jr., and Paula Emilie Jones, Trustees of Gloria Dei Lutheran Church, of 350 Square Feet, More or Less, Under a Portion of City-Owned Right of Way Known As Fox Hill Road for Installation and Maintenance of a Rigid Conduit for Underground Telecommunications
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
9.14-0383Resolution Authorizing the Grant of an Encroachment, Pursuant to § 34-86 of the City Code, to Jon M. Garland and Nichole R. Friendenberg, of 435 Square Feet, More or Less, Under a Portion of City-Owned Right of Way Known As E. Sherwood Avenue for Installation and Maintenance of a Water Line
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
10.14-0385Presentation from MGT of America on the 2014 disparity study
ACTION: Deferred Generally - this will be rescheduled for sometime in October. Councilman Moffett requested read-ahead materials so that the topic would not require an hour presentation.
11.14-0390Briefing on Election-Related Issues
ACTION: Presented by Steve Bond, Assistant City Manager.
ACTION: Moved to hold a public hearing on the issue of whether the School Board elections should be at large as opposed to the current district method.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
ACTION: Moved to hold a public hearing on the issue of whether May Council elections should be moved to November to coincide with other elections.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
ACTION: Moved to hold a public hearing on a possible change to the city charter to address the disparate treatment of council members running as mayor. This motion was not voted upon due to a substitute motion by Councilman Tuck.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
ACTION: Moved to hold two public hearings on a possible change to the city charter to address the disparate treatment of council members running as mayor.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Chris Snead.
Miscellaneous New Business
Public Comment
  John Krulis spoke on the elderly and disabled tax exemption and compared Hampton's practices with neighboring localities. Celestine Monroe opposes the change to the elderly and disabled tax exemption but appreciates the two year delay and thinks it should be extended longer. Rhonda Puckette asked if she can change the way she completed the form and wanted consideration of lowering the age. Andy Puckette spoke in opposition to the changes.

Pauline Wallace-Keaton spoke on the Fox Hill Townhomes and thanked Council for listening to them months ago about their problem. She complimented Mr. Shapiro and the Codes staff along with Councilman Moffett and the City Manager.

Frank Ottofaro, Jr. spoke on the Ottofaro case. He asked that the renaming of Pine Chapel Road be placed on a future agenda.

David Born spoke concerning Otley Road and issues concerning road ownership.

Larry Williams spoke on smart light controls and offered a free analysis of roadway lighting.

Edwin M. Boone spoke on behalf of senior citizens complaining that members of Council didn't attend some recent senior citizen meetings.

Hugh Bassette spoke on the Council protocol and asked if it applied to members of City Council. He indicated he intends to send the protocol to the American Civil Liberty Union.

The City Manager indicated that the Puckette's application will be withdrawn for two years. She also indicated that various members of Council have attended the senior citizen meetings. She stated that Mr. Krulis was mistaken in his figures concerning the convention center. The majority of that comes from the 2+2 revenues (lodging and meal tax) and not from Hampton taxpayers. Ms. Bunting stated that Paula Maria is private property and the City cannot take action on a private property but conversations have taken place with the property owner.

Mr. Moffett responded to Mr. Bassett that the protocol was established for the speakers. A public comment period is not required by law. He asked that the respect that speakers would like is the same that they should give.
Adjournment
  The meeting adjourned at 9:03 p.m.