Last Publish on 5/23/2006 10:57:53 AM
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 10, 2006
7:36:58 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council
Second Reading and Final Approval of FY2006 Budget

CALL TO ORDER/ROLL CALL
INVOCATION - Ms. Vicki Williams, member of the Military Affairs Committee (MAC)
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Just prior to the Mayor's comments, Frank J. Ottofaro spoke about the taking of his property on Pine Chapel Road. Mr. Ottofaro was allowed to speak as the last Council meeting of April 26, 2006, was adjourned at 11 p.m. prior to the Audiences Granted to the General Public portion of the meeting.

The Mayor spoke about an event sponsored by the City this year: the National Veterans Golden Age Games. He read and presented an award to the City Manager, Jesse T. Wallace, Jr., and asked that it be passed on to the staff of the Convention and Visitors Bureau as they were instrumental in assisting this group. This event had 2.5 million in economic impact on our City.
CONSENT AGENDA
Consent Items - First Reading
1.06-0284Resolution Appropriating Funds from the Equipment Replacement Fund Retained Earnings to Equipment Replacement Capital Outlay.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
2.06-0290Resolution authorizing the appropriation of $35,500 from the Economic Development Fund Undesignated Fund Balance to the Industrial Development Authority for signage upgrades to begin physical improvements in Langley Research and Development Park
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
3.06-0294Request for Refunds of Erroneous Tax Assessments
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
Consent Items - Other
4.06-0266Approval of amended minutes of the evening City Council meeting of February 9, 2005.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
5.06-0291Resolution donating a 1981 E-One Pumper to the Parksley Volunteer Fire Company, Parksley, VA, a 1981 E-One Pumper to the Saxis Volunteer Fire Company, Saxis, VA, and a 1984 E-One Pumper to the Richmond County Volunteer Fire Department, Warsaw, VA.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
6.06-0297Approval of Minutes from the Afternoon and Evening Council Meetings of April 26, 2006.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
PRESENTATIONS, PROCLAMATIONS, AWARDS
7.06-0292Proclamation Proclaiming the Week of May 14-20, 2006, as Emergency Medical Services Week in the City of Hampton.
ACTION: Presented by Councilman Tignor to Battalion Chief Bettie Reeves-Nobles of the Hampton Fire Division.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
8.06-0267Summer meeting schedule for City Council.
ACTION: Moved to to establish the meeting schedule for City Council for the summer months as follows:
-- Wednesday, June 14, 2006;
-- Cancel Wednesday, June 28, 2006;
-- Special Meeting - Saturday, July 1, 2006;
-- Cancel Wednesday, July 12, 2006, and reschedule to Wednesday, July 19, 2006;
-- Cancel Wednesday, July 26, 2006;
-- Wednesday, August 9, 2006;
-- Cancel Wednesday, August 23, 2006.


MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
PUBLIC HEARINGS
Rezonings - First Readings
9.06-0295Rezoning Application No.1224-A by the City of Hampton to rezone 8.22± acres in Buckroe from Neighborhood Commercial District (C-1), Limited Commercial District (C-2), and General Commercial District (C-3) to One Family Residence District (R-9).
ACTION: Presented by Michael Hayes of the Planning Department.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
10.06-0296Rezoning Application No.1224-B by the City of Hampton to rezone 28.26± acres at Buckroe Park and Buckroe Beach from Neighborhood Commercial (C-1) District and Multiple Residence (R-M) District to Special Public Interest – Public Land (SPI-PL).
ACTION: Presented by Michael Hayes of the Planning Department.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Vice Mayor Joseph H. Spencer, II.
Use Permit
11.06-0293Use Permit No. 1006 by Harrison and Lear to modify conditions of an existing Use Permit at 200 Eaton Street.
ACTION: Presented by Stephanie Mertig of the Planning Department.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
General Items
Ordinances
12.06-0288An Ordinance to Amend and Re-Enact Chapter 2 of the Code of the City of Hampton, Virginia, Entitled “ADMINISTRATION”, by Adding Thereto a Section 2-12 Entitled "CONTRACT EXECUTION BY CITY MANAGER OR DESIGNEE".
ACTION: Approved on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
13.06-0271An ordinance to set the tax rate on real properties in the City of Hampton, Virginia, for the fiscal year beginning July 1, 2006 and ending June 30, 2007.
ACTION: Moved to amend an ordinance to set the tax rate on real properties in the City adopted on first reading as follows: Decrease the real estate tax rate from $1.17 on each $100.00 of assessed value to $1.14 on each $100.00 of assessed value.


MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Joseph H. Spencer, II.
ACTION: Moved to adopt an ordinance to set the tax rate on real properties in the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading as amended.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
14.06-0272An 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, 2006 and ending June 30, 2007.
ACTION: Moved to amend the City of Hampton, Virginia’s fiscal year 2007 Operating Budget adopted on first reading as follows:

Increase Revenues
Increase Revenues - Real Estate Taxes - Current - 311,852
Increase Revenues - Miscellaneous Revenues - 113,000

Decrease Appropriations
~ Reduce appropriation: Membership Dues (Conference of Mayors) - (17,575)
~ Reduce appropriation: Transfer to Capital Budget (reduction in strategic property acquisition)- (554,000)
~ Reduce appropriation: School Operations (local contribution) - (609,196)
~ Reduce appropriation: Operating Expenses Minority Programs -(16,682)
~ Reduce appropriation: Conventions and Visitors Bureau Operating Expenses - (307,000)

Increase Appropriations
~ Increase appropriation: Parks Division Personal Services - 130,332
~ Increase appropriation: Parks Division Operating Expenses - 54,565
~ Increase appropriation: Recreation Division Personal Services - 277,519
~ Increase appropriation: Recreation Operating Expenses - 150,240
~ Increase appropriation: Hampton History Museum Personal Services - 62,536
~ Increase appropriation: Coalition for Youth Personal Services - 21,310
~ Increase appropriation: Coalition for Youth Operating Expenses - 61,120
~ Increase appropriation: Non-departmental Operating Expenses - 100,000
~ Increase appropriation: City Treasurer Operating Expenses - 88,000
~ Increase appropriation: City Treasurer Personal Services - 25,000
~ Increase appropriation: Retirement and Employee Benefits Personal Services - 16,683
~ Increase appropriation: Support Contractual operating expenses (HRT funds on hold) - 635,000
~ Increase appropriation: Support Contractual Virginia Air and Space Center - Co-op Advertising - 140,000
~ Increase appropriation: Downtown Hampton Development Partnership for co-op marketing, dock master and repayment of capital repairs to the docks - 167,000

Capital Budget Fund

Decrease Revenue: Transfer from General Fund - (554,000)
Reduce Appropriation: Strategic Property Acquisition - 554,000

Hampton Roads Convention Center Fund

Decrease Appropriation: Operating Expenses - (1,062,884)
Decrease Appropriation: Capital Outlay - (586,565)
Increase Appropriation: Personal Services - 1,373,248
Increase Appropriation: Hampton Roads Convention Center Debt Service – Operating Expenses - 276,201

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Joseph H. Spencer, II.
ACTION: Moved to adopt the City’s fiscal year 2007 Operating Budget on second and final reading as amended.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor 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, 2006 and ending June 30, 2007 as adopted on first reading as follows:

Increase Revenues
Increase Revenues - Real Estate Taxes - Current - 311,852
Increase Revenues - Miscellaneous Revenues - 113,000

Decrease Appropriations
~ Reduce appropriation: Membership Dues (Conference of Mayors) - (17,575)
~ Reduce appropriation: Transfer to Capital Budget (reduction in strategic property acquisition) - (554,000)
~ Reduce appropriation: School Operations (local contribution) - (609,196)
~ Reduce appropriation: Operating Expenses Minority Programs - (16,682)
~ Reduce appropriation: Conventions and Visitors Bureau Operating Expenses - (307,000)

Increase Appropriations
~ Increase appropriation: Parks Division Personal Services - 130,332
~ Increase appropriation: Parks Division Operating Expenses - 54,565
~ Increase appropriation: Recreation Division Personal Services - 277,519
~ Increase appropriation: Recreation Operating Expenses - 150,240
~ Increase appropriation: Hampton History Museum Personal Services - 62,536
~ Increase appropriation: Coalition for Youth Personal Services - 21,310
~ Increase appropriation: Coalition for Youth Operating Expenses - 61,120
~ Increase appropriation: Non-departmental Operating Expenses - 100,000
~ Increase appropriation: City Treasurer Operating Expenses - 88,000
~ Increase appropriation: City Treasurer Personal Services - 25,000
~ Increase appropriation: Retirement and Employee Benefits Personal Services - 16,683
~ Increase appropriation: Support Contractual operating expenses (HRT funds on hold) - 635,000
~ Increase appropriation: Support Contractual Virginia Air and Space Center - Co-op Advertising - 140,000
~ Increase appropriation: Downtown Hampton Development Partnership for co-op marketing, dock master and repayment of capital repairs to the docks - 167,000

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor 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, 2006 and ending June 30, 2007 on second and final reading as amended.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Turner M. Spencer.
15.06-0273An ordinance to adopt a budget and appropriate monies for the Capital Budget for the City of Hampton for the fiscal year beginning July 1, 2006, and ending June 30, 2007.
ACTION: Moved to amend an ordinance appropriating monies for the Capital Budget fund for the fiscal year beginning July 1, 2006 and ending June 30, 2007 adopted on first reading as follows: Decrease Revenue: Transfer from General Fund (554,000) Reduce Appropriation: Strategic Property Acquisition 554,000


MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Turner M. Spencer.
ACTION: Moved to adopt an ordinance appropriating monies for the Capital Budget fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading as amended.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Turner M. Spencer.
16.06-0274An ordinance to adopt a budget and appropriate monies for the general expenses of “The Hamptons” for the fiscal year beginning July 1, 2006 and ending June 30, 2007.
ACTION: Moved to adopt an ordinance appropriating monies for “The Hamptons” Fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
17.06-0275An 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, 2006 and ending June 30, 2007.
ACTION: Adopted on Second and Final Reading amend an ordinance appropriating monies to the Hampton Roads Convention Center fund budget for the fiscal year beginning July 1, 2006 and ending June 30, 2007 as adopted on first reading as follows:

Decrease Appropriation: Operating Expenses - (1,062,884)
Decrease Appropriation: Capital Outlay - (586,565)
Increase Appropriation: Personal Services - 1,373,248
Increase Appropriation: Hampton Roads Convention Center Debt Service – Operating Expenses - 276,201

MOVER: Councilmember Turner M. Spencer.
SECONDER: Vice Mayor Joseph H. Spencer, II.
ACTION: Moved to adopt an ordinance appropriating monies for the Hampton Roads Convention Center Fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading as amended.

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Rhet Tignor.
18.06-0276An ordinance to adopt a budget and appropriate monies for the Economic Development Fund for the fiscal year beginning July 1, 2006 and ending June 30, 2007.
ACTION: Moved to adopt an ordinance appropriating monies for the Economic Development Fund of the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
19.06-0277An ordinance to adopt a budget and appropriate monies for the general expenses of the EXCEL Fund for the fiscal year beginning July 1, 2006 and ending June 30, 2007.
ACTION: Moved to adopt an ordinance appropriating monies for the EXCEL Fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Joseph H. Spencer, II.
20.06-0278An ordinance to adopt a budget and appropriate monies for the general expenses of the Emergency 911 Fund for the fiscal year beginning July 1, 2006 and ending June 30, 2007.
ACTION: Moved to adopt an ordinance appropriating monies for the Emergency 911 Fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Angela Lee Leary.
21.06-0279An 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, 2006 and ending June 30, 2007.
ACTION: Moved to adopt an ordinance appropriating monies for the Stormwater Management Fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Turner M. Spencer.
22.06-0280An 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, 2006 and ending June 30, 2007.
ACTION: Moved to adopt an ordinance appropriating monies for the Wastewater Management Fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
23.06-0281An 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, 2006 and ending June 30, 2007.
ACTION: Moved to adopt an ordinance appropriating monies for the Solid Waste Management Fund for the City of Hampton, Virginia for the fiscal year beginning July 1, 2006 and ending June 30, 2007 on second and final reading.

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Rhet Tignor.
24.06-0282An 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 water crafts used for recreational purposes only, in the City of Hampton, Virginia for the calendar year beginning January 1, 2007 and ending December 31, 2007.
ACTION: Moved to adopt an ordinance to set 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 $3.00 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 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, 2007 and ending December 31, 2007 on second and final reading.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Joseph H. Spencer, II.
Resolutions
25.06-0287Acquisition of property commonly known as 212 Pine Chapel Road from Terry J. and Shirley J. Gunnels.
ACTION: Approved

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
Appointments
26.06-0299consider an appointment to the Industrial Development Authority.
ACTION: Appointed Perry Pilgrim to a term to conclude on April 1, 2010.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Sandra J. Canepa spoke and congratulated the newly elected and re-elected members of Council and thanked Council for their assistance with the Bayfront initiative. She also presented additional petitions concerning the Green Space.

Frank J. Ottofaro asked Councilwoman Leary to read a letter dated July 14, 2004, with respect to the taking of his property in connection with the Power Plant development. A copy of his letter was filed with the Clerk.

Baxter Simmons spoke about the Collins development in Downtown Hampton.

Delegate Jeion Ward addressed Council and extended an invitation to meet with all members of Council to build better communication. Several members of Council thanked Delegate Ward for taking the time to address Council. Councilman Tignor suggested that the City's legislative package should be developed with the state legislators.

The Mayor thanked John Tyler Elementary School for recognizing Hampton for their work with the school.









Miscellaneous New Business
Adjournment