Last Publish on 5/13/2015 8:46:20 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 13, 2015
6:32:24 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
  The Mayor called the meeting to order at 6:33 p.m. All members of the City Council were present for roll call.
INVOCATION - Councilman Donnie R. Tuck
  The invocation was given by Councilman Tuck.
PLEDGE OF ALLEGIANCE TO FLAG -
  Following the Pledge of Allegiance, Ezra Hill, one of the original Tuskegee Airmen, sang the National Anthem.
MAYOR'S COMMENTS
  Mayor Wallace shared that last night the Military Affairs Committee honored Andy Greenwell for his work in the naming of the Ruppert Sargent building.

He also recognized Raphael Martinez, a Boy Scout in attendance who is working on his citizenship in the community merit badge. He is a member of Troop 29 who meets at the First Presbyterian Church and is in the 8th grade at Eaton Middle School.

Mayor Wallace shared a video recently released by the Hampton Police Division.

The Mayor also announced that the Hampton School Board just appointed Dr. Jeffrey Smith of West Point as the new Superintendent of Hampton City Schools. Dr. Smith has more than 25 years of experience and previously worked in both the Newport News and Williamsburg/James City County school divisions.

Mayor Wallace shared that Aazia Mickens Dessaso, the founder of FreePing, a client at the Peninsula Technology Incubator in Hampton, is one of five people to be named an Emerging Global Entrepreneur by the White House and Small Business Administration.
CONSENT AGENDA
Consent Items
1.15-0155Approval of the minutes from the special, afternoon and evening sessions of March 25, 2015, the afternoon and evening session of April 8, 2015; and the spotlight and evening session of April 22, 2015.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
2.15-0162Request for Refunds for Tax Year 2014
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
3.15-0170Resolution Approving Fiscal Year 2015 Third Quarter Budget Adjustments
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
4.15-0163Resolution to Accept and Appropriate the 2015 Four for Life Aid-to-Localities Funds in the amount of $110,691.36 from the Commonwealth of Virginia—Office of Emergency Medical Services to the City of Hampton Division of Fire & Rescue.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
5.15-0164Resolution to Approve transferring funds from Fire & Rescue’s fiscal year budget to the Capital Improvement Project for purchasing SCBA.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.15-0171Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of Funds for the 2015 Tobacco Use Prevention for Children Received from the Virginia Foundation of Healthy Youth
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
7.15-0167Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2015 Historical Data Cleanup-Stormwater Management Facility Data Update Grant Through the Commonwealth of Virginia's Department of Environmental Quality
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
8.15-0168Resolution Accepting and Appropriating Funds for the FY2016 Comprehensive Services Act Pools Funds
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.15-0165Resolution to Accept and Appropriate $1,000 check from Walmart to be used in support for Camp Fury.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
10.15-0169Resolution to Accept and Approve $1,000 Donation Check from First Baptist Church of Hampton to be Used in Support for Camp Hope.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
11.15-0160Zoning Ordinance Amendment No. 160-2015: to amend and re-enact Article 3 of Chapter 10 of the Zoning Ordinance of Hampton, Virginia entitled “Special Regulations in Certain Zoning Districts” by amending section 10-11 pertaining to signage in the LFA-3 and HRC-1 districts.
ACTION: Presented by Mike Hayes, Chief Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Teresa V. Schmidt.
SECONDER: Councilmember Linda Curtis.
Use Permit
12.15-0158Use Permit Application No. 15-00002: by Avenue Blue Piano Bar, LLC for live entertainment 2 at 2330 McMenamin Street [LRSN 13002022].
ACTION: Presented by Lucy Stoll, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved - subject to 12 conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
13.15-0159Use Permit Application No. 15-00004: by St. George’s Brewery and Jotom Investors, LLC. for live entertainment 2 at 204 Challenger Way [LRSN 6001158].
ACTION: Presented by Mike Hayes, Chief Planner.
ACTION: Held Public Hearing - William Spence of St. George's Brewery spoke in support of this item.
ACTION: Approved - subject to 12 conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
Other Public Hearings
14.15-01722016-2020 Consolidated Plan and FY16 Annual Action Plan
ACTION: Presented by Jonathan McBride, Housing and Neighborhood Services Manager.
ACTION: Held Public Hearing - Edwin M. Boone spoke on this item stating the funding was insufficient to help citizens fix up their homes.
ACTION: Approved - At the request of Councilman Moffett, staff provided additional information responsive to Mr. Boone's comments.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
General Items
Budget Ordinances - Second Reading - (First Reading April 29, 2015)
15.15-0137An 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, 2015 and ending June 30, 2016.
ACTION: Moved to amend item 15-0137 as read by the Clerk.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
16.15-0138An 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, 2015 and ending June 30, 2016
ACTION: Moved to amend item 15-0138 as read by the Clerk.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
17.15-0139An 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, 2015 and ending June 30, 2016.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
18.15-0140An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Stormwater Management Fund for the Fiscal Year Beginning July 1, 2015 and ending June 30, 2016.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
19.15-0141An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Wastewater Management Fund for the Fiscal Year Beginning July 1, 2015 and ending June 30, 2016.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
20.15-0142An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Steam Plant for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
21.15-0143An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Fleet Services Fund for the Fiscal Year Beginning July 1, 2015 and ending June 30, 2016
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
22.15-0144An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Risk Management Fund for the Fiscal Year Beginning July 1, 2015 and ending June 30, 2016.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
23.15-0145An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Hampton Coliseum-Hampton Arts Commission Fund for the Fiscal Year Beginning July 1, 2015 and ending June 30, 2016
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
24.15-0146An 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, 2015 and ending June 30, 2016.
ACTION: Moved to amend item 15-0146 as read by the Clerk.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
25.15-0147An Ordinance to Set the Tax Rate on Real Properties in the City of Hampton, Virginia for Fiscal Year Beginning July 1,2015 and Ending June 30, 2016
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
26.15-0126Ordinance to Amend and Re-enact Chapter 37 “Taxation”, of the Code of the City of Hampton, by Amending Article X, Section 37-302, Entitled “Levied; Amount” to Increase the Cigarette Tax From 40 to 42.5 Mills per Cigarette Pursuant to Virginia Code Section 58.1-3840.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
27.15-0157An Ordinance to set the Tax Rate on 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, 18 Feet and Over, Used for Recreational Purposes Only, Privately Owned Pleasure Boats and Watercraft, Motorized and Nonmotorized and Under 18 Feet, Used for Recreational Purposes Only, (formerly taxed under the categories: Boats or Watercraft Weighing FiveTons 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; Privately Owned Camping Trailers, Privately Owned Travel Trailers and Privately Owned Motor Homes Used For Recreational Purposes Only; and One (1) Motor Vehicle Owned and Regularly Used by a Disabled Veteran, in the City of Hampton, Virginia for the Calendar Year Beginning January 1, 2016 and Ending December 31, 2016.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
Budget Ordinances - First and Final Reading
28.15-0148An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Information Technology Fund for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
29.15-0149An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Hamptons Golf Course for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
30.15-0150An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Woodlands Golf Course for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
31.15-0151An Ordinance to Adopt a Budget and Appropriate Monies for the General Expenses of the Economic Development Fund for the Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
32.15-0136An Ordinance to Increase the Solid Waste User Fee for Fiscal Year Beginning July 1, 2015 and Ending June 30, 2016 Pursuant to Virginia Code Section 15.2-928(A)
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
33.15-0125Ordinance to Amend and Re-Enact Chapter 33.2 “Stormwater Management”, of the Code of the City of Hampton, by Amending Article IV, Section 33.2-35 (c ) to increase the Service Charge for Stormwater Billing, Pursuant to Virginia Code Section 15.2-2114, to Meet Federal Mandates to Reduce Pollution Into the Chesapeake Bay and Other Regional Waters
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
34.15-0127Ordinance to Amend and Reenact Chapter 37, of the Code of the City of Hampton “Taxation”, (A) to Amend Article III, “Personal Property Taxes”, Sec. 37-142 Entitled “Filing of Return Required” Pertaining to the Addition of Boats or Watercraft to the Filing Requirement for Personal Property Taxes Pursuant to Virginia Code Sections 58.1-3518, 58.1-3518.1 and 58.1-3916, and (B) to Add a New Article XV, Entitled “License Fees on Certain Boats Subject to Personal Property Tax” to Impose a License Fee Levied on Such Boats Pursuant to Virginia Code Section 15.2-1125.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Vanessa T. Valldejuli, City Attorney, gave a statement regarding the recent settlement of a lawsuit filed under the False Claims Act claiming that the City improperly used a non-profit mail permit.

Mary Bunting, City Manager, and Councilman Moffett, echoed the Mayor's earlier comments thanking all those involved in the budget process.

Councilman Moffett mentioned a program which will be held on June 25th "Celebrating Fathers and Role Models" barbecue. The entire committee is invited and the event will take place at the Hampton YMCA.

Councilman Tuck passed along congratulations from a citizen to the staff who programs for Channel 47 for restoring an arts program to the station.
Miscellaneous New Business
Public Comment
  Hugh Bassette spoke suggesting improvements to the police firing range.

Timothy Leighton spoke on the economic impact of the boating community in Hampton and thanked the staff and City Council for the dialogue on the boat license fee.

Chandler Clark spoke on behalf of local marine businesses who rely upon boaters for their livelihood and the importance of maintaining local waterways.

Edwin M. Boone spoke on taxation of the elderly.

Frank Ottofaro, Jr. spoke on the Ottofaro case and his request to rename Pine Chapel Road.

Connie Soles spoke on her property value continuing to decrease while her taxes increase and her difficulty in selling her home.

Ms. Bunting briefly spoke on property values.

Councilman Moffett echoed that we should look into Mr. Bassett's recommendation to work with the Police Division to improve the sounds which come from the firing range.

Mayor Wallace shared that even though there was unanimity on the voting on the budget tonight, much discussion and debate took place during the budget process where Council members shared their opinions.
Adjournment
  The meeting adjourned at 8:44 p.m.