Last Publish on 5/14/2008 11:05:04 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 14, 2008
7:29:29 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
INVOCATION - Councilman Charles N. Sapp
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Kearney asked Vice Mayor Gilliland to introduce his son, Palmer, who was visiting the meeting.

Mayor Kearney deviated from the agenda and acknowledged the attendance of Colonel Jason T. Evans, who has been the Garrison Commander of Fort Monroe. Council then considered agenda item number 5 (08-0202), a Proclamation in Recognition of Colonel Jason T. Evans.
CONSENT AGENDA
Consent Items - First Reading
1.08-0178Request for Refund of Erroneous Tax Abatements for 1999, 2006, 2007 and 2008.
ACTION: Approved - items 1 through 4 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
2.08-0197Resolution to Appropriate $170,000 from Stormwater Fund Balance for the Mary Peake Regional Stormwater Study and Geographic Information Mapping Software.
ACTION: Approved - items 1 through 4 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
3.08-0198Resolution Approving FY08 Third Quarter Budget Adjustments
ACTION: Approved - items 1 through 4 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
4.08-0203Approval of the Minutes from the Afternoon session of Council on April 9, 2008, the Afternoon and Evening sessions of Council of April 30, 2008, and May 7, 2008.
ACTION: Approved - items 1 through 4 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
5.08-0202Proclamation In Recognition of Colonel Jason T. Evans
ACTION: Presented by Vice Mayor Gilliland to Colonel Jason T. Evans.
6.08-0205Proclamation Proclaiming the week of May 11-17, 2008 as Business Appreciation Week in the City of Hampton, Virginia
ACTION: Presented by Councilman Charles N. Sapp to Ernest and Emma Green of E & E Enterprises Global, Inc.

REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Resolutions - First Reading
7.07-0653Resolution Authorizing the City Manager to Execute a Right of Way Agreement with Virginia Electric and Power Company for the Installation, Operation and Maintenance of Electric Power on its Property Located at 100 North Park Lane.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
8.08-0200Resolution Granting an Easement and Right of Way to Virginia Electric and Power Company for the Purpose of Transmitting and Distributing Electric Power Across Property of the City of Hampton Located on North 1st Street between Buckroe Avenue and Point Comfort Avenue.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
9.08-0201Resolution Approving the License Agreement with Oceanfront Enterprises, LLC for Installation of an Underground Private Sewer Force Main Along Public Right-of-Way Known as North Armistead Avenue.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Vice Mayor Randall A. Gilliland.
General Items
Regular Ordinances - First Reading
10.08-0199Amendment to Chapter 41.1 of the Code of City of Hampton, Virginia, entitled "Wetlands" by amending Section 41.1-11 entitled, "Grant or denial of permit generally".
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Anderson W. Clary, Jr..
Budget Ordinances - Second Reading
11.08-0179An 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, 2008 and Ending June 30, 2009.
ACTION: Moved to amend the City of Hampton, Virginia’s fiscal year 2009 Operating Budget adopted on first reading as follows:
Increase Revenues

Increase Revenues – Personal Property Tax Current $500,000

Increase Appropriations

--Retirement and Employment Benefits for Public Safety Competitive Pay - $300,000

--Civic & Community Support for Virginia Scholarship & Youth Development and the add back of 25% to agencies based on revised Outside Agency policy - $67,400

--Support Grant for CSB-Denbigh House - $15,500

--Fire Department for Volunteer Companies - $38,064

--Contingency - $79,036


MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Moved to adopt the City’s fiscal year 2009 Operating Budget on second and final reading as amended.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Moved to amend an ordinance appropriating monies for the General Fund of the City of Hampton, Virginia for the fiscal year beginning July 1, 2008 and ending June 30, 2009, as adopted on first reading as follows:

Increase Revenues

Increase Revenues – Personal Property Tax Current $500,000

Increase Appropriations

--Retirement and Employment Benefits for Public Safety Competitive Pay - $300,000

--Civic & Community Support for Virginia Scholarship & Youth Development and the add back of 25% to agencies based on revised Outside Agency policy - $67,400

--Support Grant for CSB-Denbigh House - $15,500

--Fire Department for Volunteer Companies - $38,064

--Contingency - $79,036


MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Moved to adopt an ordinance appropriating monies for the general fund of the City of Hampton, Virginia for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading as amended.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
12.08-0180An Ordinance to Adopt a Budget and Appropriate Monies for the Capital Budget for the City of Hampton for the Fiscal Year Beginning July 1, 2008 and Ending June 30, 2009.
ACTION: Moved to amend an ordinance appropriating monies for the Capital Budget fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, adopted on first reading as follows:

Decrease Revenues

--Highway Safety Improvement Programs Funds - (2,201,700)

Decrease Appropriations

--Andrews Blvd./Woodland Rd. Intersection Improvements - (512,550)

--Armistead Ave./LaSalle Ave. Intersection Improvements - (721,750)

--East Pembroke Ave./Grimes Rd. Intersection Improvements - (487,775)

--Fox Hill Rd./Clemwood Parkway Intersection Improvements - (306,500)

--LaSalle Ave./West Queen St. Intersection Improvements - (173,125)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to adopt an ordinance appropriating monies for the Capital Budget fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading as amended.


MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
13.08-0181An 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, 2008 and Ending June 30, 2009.
ACTION: Moved to adopt an ordinance appropriating monies for the Solid Waste Management Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading.


MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
14.08-0183An 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, 2008 and Ending June 30, 2009.
ACTION: Moved to adopt an ordinance appropriating monies for the Stormwater Management Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading.


MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
15.08-0184An 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, 2008 and Ending June 30, 2009.
ACTION: Moved to adopt an ordinance appropriating monies for the Wastewater Management Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading.

MOVER: Councilmember Anderson W. Clary, Jr..
SECONDER: Councilmember Angela Lee Leary.
16.08-0185An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of “The Hamptons” Golf Course for the Fiscal Year Beginning July 1, 2008 and Ending June 30, 2009.
ACTION: Moved to adopt an ordinance appropriating monies for “The Hamptons” Golf Course Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading.


MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
17.08-0186An 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, 2008 and Ending June 30, 2009.
ACTION: Moved to adopt an ordinance appropriating monies for the Hampton Roads Convention Center Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading.


MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
18.08-0187An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the EXCEL Fund for the Fiscal Year Beginning July 1, 2008 and Ending June 30, 2009.
ACTION: Moved to adopt an ordinance appropriating monies for the EXCEL Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading.


MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
19.08-0188An Ordinance to Adopt a Budget and Appropriate Monies for the Economic Development Fund for the Fiscal Year Beginning July 1, 2008 and Ending June 30, 2009.
ACTION: Moved to adopt an ordinance appropriating monies for the Economic Development Fund for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading.


MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
20.08-0189An Ordinance to Set the Tax Rate on Real Properties in the City of Hampton, Virginia, for the Fiscal Year Beginning July 1, 2008 and Ending June 30, 2009.
ACTION: Moved to adopt an ordinance to set the tax rate on real properties at a rate of $1.04 per $100 of assessed value for the fiscal year beginning July 1, 2008, and ending June 30, 2009, on second and final reading.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Anderson W. Clary, Jr..
21.08-0190An Ordinance to Set the Tax Rate on Tangible Personal Property, Motor Vehicles Specially Equipped to Provide Transportation for Physically Handicapped Individuals, Machinery and Tools, and Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only, and Recreational Vehicles in the City of Hampton, Virginia for the Calendar Year Beginning January 1, 2009 and Ending on December 31, 2009.
ACTION: Moved to adopt an ordinance setting the tax rate on tangible personal property at a rate of $4.25 per $100 of assessed value; motor vehicles specially equipped to provide transportation for physically handicapped individuals at a rate of $1.00 per $100 of assessed value; machinery and tools at a rate of $3.50 per $100 of assessed value; privately owned pleasure boats and watercraft eighteen feet and over, privately owned pleasure boats and watercraft, motorized and under eighteen feet and privately owned pleasure boats and watercraft, non-motorized and under eighteen feet, used for recreational purposes only at $.000001 per $100 of assessed value; and privately owned camping trailers and motor homes used for recreational purposes only at a rate of $1.00 per $100 of assessed value in the City for the calendar year beginning January 1, 2009, and ending December 31, 2009, on second and final reading.

MOVER: Councilmember Anderson W. Clary, Jr..
SECONDER: Councilmember Paige V. Washington.
22.08-0191An Ordinance to Set the Sewer User Fee in the City of Hampton, Virginia for the Fiscal Year Beginning July 1, 2008.
ACTION: Moved to adopt an ordinance to set the Sewer User fee for the City of Hampton at $1.48 per 100 cubic feet of water consumption for the fiscal year beginning July 1, 2008, on second and final reading.


MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Joseph H. Spencer, II.
  Several individuals spoke with respect to the budget.
Appointments
23.08-0204to consider an appointment to the Wetlands Board.
ACTION: Appointed Christiana Pinkston Betts to fulfill the unexpired portion of a term which expires on December 13, 2010.

MOVER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Frank J. Ottofaro asked the cost of the boat survey and also spoke on the taking of his property on Pine Chapel Road.
Miscellaneous New Business
  Councilwoman Leary relayed that the money is included in the Capital Improvement Budget for the work at Factory Point. Public meetings will be held on the issue.
Adjournment