City of Hampton, VA 22 Lincoln Street Meeting Minutes Hampton, VA 23669 City Council

City of Hampton, VA 22 Lincoln Street Meeting Minutes Hampton, VA 23669 www.hampton.gov City Council

Randall A. Gilliland Angela Lee Leary Charles N. Sapp Joseph H. Spencer, II Rhet Tignor Paige V. Washington, Jr. Ross A. Kearney, II , Mayor

Staff: Jesse T. Wallace Jr., City Manager Cynthia Hudson, City Attorney Katherine K. Glass, Clerk of Council Brenda J. Vaccarelli, Deputy Clerk

Wednesday, May 9, 2007 7:28 PM Council Chambers, 8th Floor, City Hall

CALL TO ORDER/ROLL CALL Ross A. Kearney, II presided Present: Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington

INVOCATION - Angela Lee Leary

PLEDGE OF ALLEGIANCE TO FLAG

MAYOR'S COMMENTS

Mayor Kearney stated that everyone will be given an opportunity to talk about issues they are concerned with. He said that four people have signed up to speak on item 11 and item 13.

CONSENT AGENDA

Consent Items - Other

1. 07-0225 Resolution Supporting the Incorporation of the HAMPTON ROADS H2O – HELP TO OTHERS PROGRAM as a 501(c)(3) Nonprofit Corporation.

WHEREAS, the Hampton Roads H2O – Help to Others – Program was established as a pilot program through the Hampton Roads Planning District Commission in 1997; and,

WHEREAS, the City of Hampton has participated in the Hampton Roads H2O – Help to Others – Program since it was established as a formal regional program through the Hampton Roads Planning District Commission in 1999; and,

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WHEREAS, the Hampton Roads H2O – Help to Others – Program is designed to provide financial assistance to families in danger of losing water service due to an inability to pay their water bill because of a family crisis, such as a death, illness or loss of employment; and,

WHEREAS, funding to support the financial assistance furnished through the Hampton Roads H2O – Help to Others – Program is provided by voluntary donations from citizens throughout the Hampton Roads Region; and,

WHEREAS, it is believed that donations to the Hampton Roads H2O – Help to Others – Program are likely to increase if donations were tax deductible allowing for increased assistance to Hampton Roads residents; and,

WHEREAS, incorporation of the Hampton Roads H2O – Help to Others – Program as a 501(c)(3) nonprofit corporation is necessary to ensure that donations to the program are tax deductible; and,

WHEREAS, donations to the program are used entirely to provide assistance to residents and are not used for program administration; and,

WHEREAS, all program administration costs are borne by the participating local government utilities, HRSD and social service providers; and,

WHEREAS, the City of Hampton desires to continue participating in the Hampton Roads H2O – Help to Others – Program.

NOW THEREFORE, BE IT RESOLVED, the City of Hampton will continue participating in the Hampton Roads H2O – Help to Others – Program and urges the other communities of Hampton Roads to join in this endeavor; and,

BE IT FURTHER RESOLVED, the City of Hampton requests the Hampton Roads Planning District Commission proceed with incorporation of the Hampton Roads H2O – Help to Others – Program as a 501(c)(3) Corporation under the laws of the Commonwealth of Virginia and the provisions of the Internal Revenue Code; and,

BE IT FURTHER RESOLVED, the Hampton City Council appoints Angel Hill, Senior Case Manager, to serve as a member of the Board of Directors of the Hampton Roads H2O – Help to Others – Program in accordance with the Bylaws of the Corporation.

APPROVED items 1 through 4 on the consent agenda. Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Angela Lee Leary Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

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2. 07-0256 Request for Refunds of Erroneous Tax Assessments

3. 07-0257 Approval of Minutes from afternoon and evening sessions of Council on April 11, 2007.

4. 07-0267 Resolution Authorizing a Capital Budget Transfer in the Amount of $2,900,000 from FY 2007 School Construction Project to the FY 2007 School Maintenance Project.

WHEREAS, the City Council of the City of Hampton committed to funding an additional $2.9 million of maintenance funds to the School System as part of the School Improvement Program; and

WHEREAS, these funds were inadvertently budgeted in the school construction account during the adoption of the FY 2007 capital budget instead of the school maintenance account;

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia that the Council approves a capital budget transfer of $2,900,000 in bond funds from the School Construction Project to the School Maintenance Project.

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5. 07-0270 A Resolution Appropriating $940,000.00 from Unappropriated Bond Interest Income for Real Property Acquisition and Related Costs for the Improvement of Access to and Preservation of Open Space at Sandy Bottom Nature Park.

WHEREAS, the Council of the City of Hampton has determined that, subject to appropriate due diligence, it is in the public interest, as set forth in the City’s Comprehensive Plan, to accept Daniel A. Rosinski’s offer to sell to the City the parcel of real property at the intersection of Big Bethel Road and Hampton Roads Center Parkway known as 1227 Big Bethel Road, as well as the parcel offered for sale by Mr. Rosinski and known as 1237 Big Bethel Road for $925,000.00 in order to improve access to and preserve open space in the area of Sandy Bottom Nature Park; and WHEREAS, Council is advised that in addition to the purchase price of $925,000.00, $15,000.00 is necessary for closing costs and to pay for demolition of structures on the property. NOW, THEREFORE, BE IT RESOLVED that $938,000.00 is hereby appropriated from presently unappropriated bond interest income to fund the purchase of the real properties described in this resolution and the related expenses described above.

Councilwoman Leary stated that item #5 is a resolution appropriating $940,000 from un-appropriated bond interest income for real property acquisition and related costs for the improvement of access to and the preservation of open space at Sandy Bottom Nature Park. She said that she believes that this has been an issue that everyone cares passionately about, acquiring this property for the future use and the enhancement of Sandy Bottom Park. She said that for many of you, you may not know that she has taken a very strong stand on acquisitions. She said that she was explaining her vote to let people know that according to the records, the last transfer of ownership on this property was this past April, not April 2007, April 2006. She said that the property transferred for $150,000, and she is being asked to approve a $940,000 purchase, and she simply cannot do it.

Councilwoman Leary stated that until Council has a comprehensive, inclusive list of all the properties owned by the City of Hampton, she will not vote in favor of any property acquisitions.

Councilman Tignor stated that former Councilwoman Linda McNeeley would be very happy about this acquisition. He said that when Sandy Bottom Nature Park was being made, Ms. McNeeley was on Council at the time.

Vice Mayor Gilliland stated that as a point of clarification, the acquisition is for property in addition to the transfer that Councilwoman Leary spoke of that was $150,000 and it includes property that the City has wanted to acquire for some time. He explained that the $150,000 figure is substantially understated because it is additional acreage over and above the $150,000 property transfer. He further explained that it is the residence and land surrounding that residence there on Big Bethel Road near the entrance to Sandy Bottom Park on Big Bethel Road. He said

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that the stoplight which may allow for reconfiguration of the stoplight at the intersection which will improve safety at Big Bethel Road.

Councilman Washington thanked Vice Mayor Gilliland for the clarification. He said that the property is being acquired so that it can become a part of the Sandy Bottom area. He said that former Councilwoman Linda McNeely fought very diligently to preserve that particular area for that purpose, so this is only acquiring the property so the City can make this a part of the Sandy Bottom properties.

Mayor Kearney stated that everything from a grocery store to a WaWa gas station wanted to be built there and this acquisition will put that to rest. He said that the City is able to purchase it and Vice Mayor Gilliland is correct. There were two segments there and the City was unable to purchase it.

Councilwoman Leary said that she was hoping that Mayor Kearney wouldn't bring it up so she wouldn't have to say that the other piece of property transferred for $4,000, so the total reassessed value of all of these properties is $433,700 and the City is being asked to pay $900,000 for it.

APPROVED Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Paige V. Washington Ayes: 6 - Randall A. Gilliland, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 1 - Angela Lee Leary

6. 07-0271 AN ORDINANCE TO AMEND AND REENACT CHAPTER 32.1, SECTION 32.1-40 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA

DEFERRED (5/23/2007) Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Angela Lee Leary Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

PRESENTATIONS, PROCLAMATIONS, AWARDS

7. 07-0253 Recognition and Awards Presentation -- Five Years of Service to Hampton's International Children's Festival

Councilman Spencer stated that this honor was in recognition of service to the Hampton International Children's Festival. He said that as technology brings the world closer together, it becomes more important

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that our children are exposed to cultures other than their own. He said that the International Children's Festival provides a wonderful opportunity to encourage the acceptance of such cultural diversities by creating within the community a representation of a multicultural world.

Councilman Spencer said that the 2007 edition of the International Children's Festival was in its seventh production with over 10,000 people attending; participating countries and groups included the Caribbean Islands, Brazil, China, Taiwan, England, France, Germany, Greece, India, Ireland, Israel, Italy, Japan, Korea, Mexico, Middle East, Panama, Philippines, Russia, and South Africa, Thailand, Turkey, of course, United States, Native Americans, and Girl Scouts. He said that each year more countries expressed an interest in joining the festival, and we continue to grow.

Councilman Spencer presented participation awards to the Thai American Association of Hampton Roads represented by Oot Singhaseni, Benjamard Best and Rudee Jacobs; to the American Turkish Assocation of Virginia represented by Vedat Aksoy and to India represented by Jagdish Singh.

Mr. Vedat Aksoy thanked Council for the opportunity to participate in the festival.

Mr. Rudee Jacobs said that he was glad to be working with the City of Hampton for the past five years, and looks forward to continuing to work with the City in the future.

Mr. Jagdish Singh congratulated the City of Hampton for starting such a beautiful festival every year. He thanked Council for allowing them to be a part of the festival.

8. 07-0264 Proclamation Proclaiming the week of May 13-19, 2007 as Business Appreciation Week in the City of Hampton, Virginia.

Councilman Sapp stated that the City of Hampton would be joining Governor Kaine and the Virginia Department of Business Assistance in acknowledging the contributions of Virginia businesses during Business Appreciation Week. He said that the theme of this year's celebration is the foundation of American businesses and activities planned for this week include a golf tournament at the Hampton Golf Course on Friday, May 11, 2007, followed by an evening social at the Virginia Air and Space Center.

Councilman Sapp read and presented the proclamation proclaiming the week of May 13 – 19, 2007, as Business Appreciation week in the City of Hampton to Dr. Chand Deepak, President of the Langley Research and Development Park Business Association; Mr. Craig Cope, President of Hampton Roads Center Owners Association; and Mr. Victor Sparber, President of the Copeland Industrial Park Association.

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Mr. Cope thanked Council for the recognition on behalf of the Commercial Owners Association and all businesses in Hampton Roads. He said that they appreciate the support that they get from City Council. He said that it is that support that helps them conduct business more efficiently and as a result of that, they can all be more prosperous.

Mayor Kearney thanked Dr. Deepak, Mr. Cope and Mr. Sparber for their work in the community.

9. 07-0265 Proclamation Recognizing Dr. M. Patrick McCormick of Hampton University, One of the State’s Outstanding Scientists of 2007.

Councilman Tignor read and presented a proclamation to Dr. M. Patrick McCormick of Hampton University, recognizing him as one of the State’s Outstanding Scientists of 2007.

Dr. McCormick thanked Mayor Kearney and Council for such a wonderful recognition. He said that he loves Hampton. He stated that he worked at NASA Langley for 30 years and has worked at Hampton University for almost 11 years. Dr. McCormick said that he couldn’t get to that level without having hundreds of people supporting him at NASA Langley. He said that he had a wonderful staff; technicians, engineers, scientists, and administration had allowed him to really go forward in a lot of these areas; they gave him a lot of autonomy.

Dr. McCormick said then at Hampton University he can say the same thing; his students are wonderful, the staff has been great, Dr. Harvey and the administration and fellow faculty members have been great, and he really owes this to them because they are the ones that have really provided those underpinnings and helped him push forward.

Dr. McCormick said that his wife wanted to attend the Council meeting, but she was home with the flu. He said that he wanted to recognize her because she has allowed him to reach forward, and she suffered through all the trips and all those myriad missions.

Mayor Kearney thanked Dr. McCormick.

10. 07-0266 Proclamation in Recognition of Freedom Fortress Celebration, 1607-2007

Vice Mayor Gilliland stated that Fort Monroe was hosting a Freedom Fortress Celebration 1607 to 2007 event on Thursday, May 24, 2007, in honor of the 400th anniversary of the discovery of Point Comfort and the 146th anniversary of the contraband slave decision.

Vice Mayor Gilliland read and presented a proclamation to Mr. Cliff Whitehouse, Director of Plans Analysis and Integration

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Directorate, IMNE-MNR-PAI and Colonel Jason T. Evans, Garrison Commander, Fort Monroe.

Colonel Evans stated thanked Council for recognizing the commemoration of this historical and important event and it was his hope that Council would come out to participate and enjoy the celebration on May 24th.

Mayor Kearney stated that the City of Hampton has a great working relationship with their comrades at Monroe.

REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES

PUBLIC HEARINGS

Rezonings - First Readings

11. 07-0189 Rezoning Application No. 1241- by Daniel Rosinski to rezone 1.43+/- acres at 1227 Big Bethel Road from One-Family Residence District (R-11) to Neighborhood Commercial District (C-1) (LRSN: 4004316).

Mr. Jesse T. Wallace, Jr., City Manager, stated that even though Council voted to purchase the property, a public hearing would be held.

Mr. Wyndell Midkiff, B. Jackson, K. Duncan and Mr. Matt Assay signed up to speak but chose not to address Council.

HELD PUBLIC HEARING - There were no speakers present.

DENIED Motion made by: Councilmember Angela Lee Leary Seconded by: Councilmember Paige V. Washington Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

Ordinances - First Readings

12. 07-0258 AN ORDINANCE TO AMEND AND REENACT CHAPTER 33.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED “STORMWATER MANAGEMENT” AND TO REPEAL SECTIONS 33.1-13 AND 33.1-18, EFFECTIVE JULY 1, 2007.

Mayor Kearney stated that Item #12, an ordinance to amend and reenact Chapter 33.1 of the Code of the City of Hampton, Virginia, entitled, stormwater management and the repeal of Sections 33.1-13 and 33.1-18, effective July 1, 2007 requires two readings.

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HELD PUBLIC HEARING

APPROVED ON FIRST READING Motion made by: Councilmember Rhet Tignor Seconded by: Vice Mayor Randall A. Gilliland Aye: 6 - Randall A. Gilliland, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 1 - Angela Lee Leary

13. 07-0255 Zoning Ordinance Amendment by the City of Hampton to amend Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI- CBPD),” of the City of Hampton Zoning Ordinance.

Mayor Kearney stated that item 13 was a zoning ordinance to amend Article 10, Special Public Interests, Chesapeake Bay Preservation District, SPI-CBPD of the City of Hampton zoning ordinance.

Mr. Elliott Schlosser, 47 W. Queens Way, stated that he has a vested interest in the Hampton River and in the Industrial Development Authority (IDA). He said that there is a plaque outside of the clubhouse, at the Woodlands that was dedicated in memory of his father, who saved that course from development.

Mr. Schlosser said that he lives in Poole's Grant and he owns two acres on the Hampton River. He said that is the final piece available for development in private hands on the river between the main bridge and the interstate. He noted that anything that affects the IDA is going to affect his development of that land, and ultimately he would be going to Council to go through Planning to ask for 12 townhouses on the back of that property. He said that the IDA is very beneficial to him in terms of his ability to build.

Mayor Kearney asked if Mr. Schlosser was referring to intense development when he referred to the IDA. In response, Mr. Schlosser stated that in order to be able to build prior to the hundred foot setback is very beneficial to him. He explained that since he owns three old Victorians on Marshall Street in the historical zone, he and his partner have put an unbelievable amount of money into it to save for the City, the neighborhood and for the historical zone. He further explained that a combination of the real estate tax increase and the major increases in fire and flood insurance, as a result of Hurricane Katrina, have put them in a position where after all this expenditure, they might have to take these houses down. He said that he would hate to see that happen, and he wants Council to understand the economics of development of the waterfront are such that there is so little waterfront left in the City of Hampton available for development, he envisions that another Annapolis could be Hampton. He said that he envisions a marina all the way from the main bridge to Interstate 64 at some point in time.

Mr. Schlosser said that he hopes that as Council considers amendments to the intense development area that they consider the fact that most of

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these properties have existing homes on them that are already being substantially taxed and assessed by fire and flood insurance, and it's absolutely killing those landowners who potentially could have property available for development. He said that they didn't come in and tear these houses down they have tried to maintain the historical zone. He said that they are going to come to Council at some point to ask for rezoning of the back part of this property to allow for some townhouses, hopefully in the $500,000 range. He said that he is merely laying the foundation and wants Council to understand that anything that affects the IDA is going to affect the development of this property and everything else on the river that has existing homes on them. He said that if Council enacts additional fees, it would be closing the noose around their necks to the point where they are not going to be able to do anything with this land.

Mr. Schlosser said that he heard that once upon a time that Hampton wanted to encourage maximum development of its waterfront and that attracting upscale housing was a priority of the City. He said that he hopes Council hasn’t forgotten that in the course of its considerations about the waterfront.

Mayor Kearney stated that Mr. Schlosser covered about four categories of that speech he gave, but the one that bothered him was the one where he talked about going to a residential neighborhood and going from single-family to multi-family.

Mr. Schlosser said that the City of Hampton has a limited amount of land and every piece in Ocean View that was developed has an integration of townhouses, condos, and single-family houses. He said that Council has to recognize that Hampton has a limited amount of waterfront, and the use has to be maximized in order to maximize upscale housing, and the City is going to have to learn how to integrate housing.

Councilwoman Leary stated that a couple of items that she wanted to put to record, under Section 33.1-8.1, structure encroachment permit. She requested that the City Manager provide Council with the answers. She said that Council keeps referring to a zoning administrator on A and B, why not the Chesapeake Bay Committee? She said that in the additional text under Section 33.1-8.1, structure encroachment permit, item B, is the City of Hampton selling encroachment? She asked how the City determines the value of encroachment. She said that the people in her area are already upset about encroachment into the intensely developed area and blame that encroachment as a problem with the flooding.

Councilwoman Leary said that on Section 33.1-22, same waivers and adjustments, item two, A2, have been stricken from the record, and she would like to know if full waivers of the service charge shall be provided to any person who owns and provides for complete private maintenance of storm drainage and stormwater facilities, provided such person has obtained the proper permits from the Department of Environmental Quality. She said that she needs to know why the City is talking about removing it, and if this is because the City won't maintain those areas

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because they are considered private property but won't refund the fees either?

Councilman Spencer said that he believes the key element that they are talking about is what it says here, the proposed zoning amendment is intended to provide an environmental benefit for water quality while still allowing waterfront property owners to make improvements on their property. He said that maybe Mr. Schlosser would be interested because he's concerned and maybe Ms. Sally J. Andrews, Chief Deputy City Attorney could explain that. He noted that it said that the fee is $1 per square foot of encroachment in either the RPA buffer or the Industrial Development Authority (IDA) with a minimum fee of $100 and a maximum fee of $400 for accessory structures and $1,000 for other structures.

Ms. Andrews stated that was correct. She explained that if anyone is building a main structure on $1,000 additional fee and building a $500,000 unit would be a minimal amount of increased fee, but that money would be going into a special fund for improvements to the buffer area.

Ms. Andrews stated that she wanted to clarify the motion. She said that there are two items to that; one, there's an amendment to the text of the zoning ordinance, and there is also an amendment to the map. She said that there had to be two separate votes on the two different items.

Mayor Kearney stated that the first one was the approval of the zoning ordinance amendment to reenact the article.

Councilwoman Leary asked if there were two votes on item 13. In response, Ms. Katherine K. Glass, Clerk of Council, stated that there were two votes on item 13.

Mayor Kearney stated that the second part of this item 13 is to approve the zoning ordinance amendment to amend and reenact Article 10, Special Public Interest, Chesapeake Bay Preservation District, Section 17.3-63, boundaries.

HELD PUBLIC HEARING

APPROVED ON FIRST READING - Approved the Zoning Ordinance Amendment to amend and re-enact Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI-CBPD),” Sec 17.3-62 “Definitions,” and Sec.17.3-64 “Regulations for Development and Redevelopment." Motion made by: Councilmember Rhet Tignor Seconded by: Vice Mayor Randall A. Gilliland Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

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APPROVED ON FIRST READING - Approved the Zoning Ordinance Amendment to amend and re-enact Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI-CBPD),” Sec 17.3-63 “Boundaries.” Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Rhet Tignor Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

Fiscal Year Budget Hearings

14. 07-0227 Public hearing to receive citizens’ comments relative to the Fiscal Year 2008 General Fund, Capital Improvement Fund, Solid Waste Management Fund, Storm Water Management Fund, Wastewater Management Fund, E-911 Fund, EXCEL Fund, The Hamptons, Economic Development Fund and Hampton Roads Convention Center budgets.

Mayor Kearney stated that Item 14 is the public hearing to receive citizens' comment relative to the fiscal year 2008 General Fund, Capital Improvement Fund, Solid Waste Management Fund, Stormwater Management Fund, Wastewater Management Fund, E-911 Fund, EXCEL Fund, the Hamptons, the Economic Development Fund, and the Hampton Roads Convention Center budgets. He said that a public hearing would be held together for items 14 and 15 to hear comments relative to the proposed decrease in the real estate property tax to $1.08.

Mayor Kearney stated that item 16 was going to be the ordinance to adopt a budget and appropriate monies to the General Fund, expenses to the City of Hampton for fiscal year beginning July 1, 2007, and ending June 30, 2008.

Mayor Kearney asked the Clerk if there more public hearings. In response, the Clerk stated that there are three public hearings being held together and they are on the budget.

Mr. Danny Forehand, 131 Cherokee Road, thanked Council for the opportunity to speak. He said that was his first time speaking to Council. He said that he wanted to share some thoughts on item 27, which is a list of items that are proposed to have personal property tax added to them. He said that he was specifically interested in the private boat owners. He explained that after several years of hard work, he was able to buy a boat and he enjoys the bay now that he has his own boat. He said that he pays taxes and earned the money to buy the boat and he pays taxes on the interest that he collected while saving the money. He said that he paid four and a half percent sales tax when he bought it, four and a half percent sales tax when he bought the trailer for the boat. He explained that the registration fees for both those vehicles every year are yearly taxes and the inspection is another form. He said that the $3 a gallon for

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gas that he puts in the boat has a lot of taxes on that gas, and the City sees its portion of that.

Mr. Forehand said that the supplies that he buys practically every week; tackle, food, bait, ice, are all locally taxed and Hampton sees part of that along with the licensing fees for fishing local waters. He said that by participating weekly in Hampton’s wonderful boating community, he feels like he is helping the economy locally by spending his money here where he lives.

Mr. Forehand said that last year his taxes were approximately $1,638 and with the proposed tax rate at $1.08, which is about a 5.3 percent decrease, and looking at the assessments over the last two years, it was a 44 percent increase in his home. He said that if the 22 percent pace keeps up every year, instead of really getting a savings there, he is looking at a 19 percent total tax burden increase just on his home alone. He said that he is not sure what the proposed value is for the vehicle tax, but if it does pass his total tax burden increase will be 20 to 22 percent.

Mayor Kearney asked if Mr. Forehand was referring to the boat tax. In response, Mr. Forehand stated that if taxed along with the total property tax.

Mayor Kearney asked Councilman Spencer to explain what Council decided during the afternoon work session.

Councilman Spencer explained that during the afternoon work session Council had a discussion about the boat tax and whether the City was going to have a levy of tax in this budget cycle or not, and it was not recommended in the City Manager's Budget. He further explained that it was thought to be an item that Council should consider and there was some discussion whether Council should consider it at the budget cycle with input and guidance from staff on the valuation, and what occurred economically after the boat tax had been removed for the past three or four years in the City. He said that Council decided that they would allow the City Manager to do his due diligence and provide them with the documentation and a recommendation based on that documentation and factually show Council whether removing the boat tax, which they did in 2002, was as beneficial as they had hoped it would be.

Councilman Spencer said that for this budget cycle Council was staying with the City Manager's Recommended Budget and there would not be a boat tax this year, but there could be one next year.

Mr. Forehand thanked Council and stated that Hampton is a wonderful boating community.

Mayor Kearney stated that he didn’t mean to cut him short, but Council had a big debate during the afternoon work session and Council wants to get the facts and they want to be able to come to a decision based on what they believe is best for the City of Hampton.

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Mr. Mike Avery, 32 Mizzen Circle, stated that if the City of Hampton passes a boat tax he will move his boat out of Hampton.

Mr. Billy Wood, 57 N. Boxwood Street, stated that he received a copy of what the City is intending to do about the dredging, and he was shocked almost beyond words. He said that in the mid 1990’s he served on the Hampton River Committee that was supervised directly by the Planning Department. He said that they met for over two years and they took their guidance and gathered all the information they could. He said that at that time they were addressing the problem with siltation, mud flats in the future, and they addressed those from the Booker T. Washington Bridge to the end of the Hampton River.

Mr. Wood said that when he got the copy of what is intended now, it seems as though they are looking at the center of Hampton Creek. He said that it was not a navigational problem area today, but it would become one. He said that the problem is the outfalls that drain into the Hampton River and the siltation of all the ancillary channels and the tributaries are the problem. He said that he heard some of these were on private property, but the City cleans out drainage ditches on his property that he considers outfall into ancillary channels and drainage ditches.

Mr. Wood said that the dredging in the middle of the river does absolutely no good whatsoever. He said that the ancillary channels so they reach the outfall would do everybody a world of good. He said that he believes that at least 75 percent of all homes in the City of Hampton along Hampton River will be found on ancillary channels, and if the City is dredging and spending millions for the 25 percent that live on the main river, and the people on the ancillary channels can't get to them, it doesn’t do anyone any good.

Mr. Wood said that he knows that a lot of work has gone into this, but believes it is really short sighted to try to do just the center and reach only 25 percent of the people. He asked if there was a way to do the ancillary channels.

Mayor Kearney asked the City Manager if he should explain. In response, the City Manager asked if Council would like him to explain the private property issues.

Mayor Kearney explained that there are two permits from the Army Corps of Engineers. He said that the company which is handing this was instructed by this Council to go find out two things: Number one, how could the City go onto private property to do dredging. He said that the City is learning every day about what they can and cannot do and they have never gotten to this point before. He said that he attended some of those meetings in the 1990’s he referred to. He said that the City cannot go onto private property and if they do and any damage is done, the City is at fault. He said that they have to figure how do to get around that and if the owners give up their rights and let the City come on?

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Mayor Kearney said that a few years ago the City was putting the sand on Buckroe from the area of Salt Ponds all the way down to the fishing pier. He said that there is a segment in there where they did not want to give up their rights and they wouldn't accept the free sand. He explained that if there is a resident on that that decides they do not want to have the area dredged, they can stop everything, and they are trying to figure how it is that they can go there.

Mayor Kearney said that the permit to do the dredging was for navigation. He said that if the City wants to go up to Bromley Drive, it doesn't become a navigational thing because the residents on either side of Bromley own right to the middle and that is private property. He said that the City has to get an environmental permit that allows the City to drain the ditches, and that is what that corporation is looking into right now; How does the City go on private property? Do the property owners have to give up their rights to let the City get into that section, and how does the City get a permit from the Corps of Engineers that will allow the City to do those which have been filled in because of the drain ditches?

Mayor Kearney said that Council decided that is what they would start with. He said that the instructions were within a very short time before the City actually starts doing this, and they then can amend that and go further.

Councilman Spencer stated that the reason for the discussion was because there are some issues there's some issues that occurred several years ago about doing some work on private property by the Public Works Department. He said that in good conscience, the Council said that it would not be doing any work on private property because there are businesses in town that should be doing that. He said that what he is having difficulty with is it is different from driving on your lane or your driveway from the street and taking a boat and just riding down Hampton Creek because he doesn't think there are any gates at anyone's house on Hampton Creek other than his and he can’t go to the top of the pier and walk in the back door uninvited.

Councilman Spencer said that the dilemma is how Council differentiates between private property that's obviously a boundary line that somebody could put no trespassing on or a gate or a fence around it and waterways that anybody can sail basically, pretty much anywhere they want to as long as it's navigable? He said that he doesn’t believe that anyone in the City is running people off from taking a little motor boat and sailing behind their house.

Councilman Spencer said that the City may need to look at it a little bit differently. He said that it is different than a boat sailing on waters anywhere they want to in Hampton Creek or up in the Salt Ponds, which it's obviously private property, but, however, he doesn't know that there is any gate or blockade or anywhere that prevents people from doing that.

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Mr Wood stated that he understand Council’s position, but this is supposedly the first of the dredging projects in the City of Hampton, and he can assure Council that every place the City dredges next, whether it be Mill Creek, Indian River Creek, Buckroe, Fox Hill, anywhere down in there, Back River, all of those are going to have these problems, so there needs to be an answer to the problem before starting.

Councilwoman Leary thanked Mr. Wood for changing his plans in order to address Council during the evening session.

Councilwoman Leary stated that one of the things that she is having problems with is the dredging that Mr. Wood talked about. She said that she feels very strongly that it needs to be done. She said that the $3.7 million price tag that the City Manager had on it before, she believes it needs to be looked at. She said that the new element about private property, and, yet, if the City is responsible for the general health, safety, and welfare of the community, the City has to be able to maintain the outfall ditches even if they are not going to do the drainage; and yet, the City is turning around and tacking on an extra tax on storm sewers and drains and things of that nature, but telling people the City can't clean them out because it might be on private property.

Councilwoman Leary said that there is a whole legal issue here that needs to be addressed once and for all, and that's why she is doing some of the things that she is doing because she wants to be prepared within the next 90 days to address it full blown.

Councilwoman Leary said that there was a tree on the canal in the back of her house and her property runs to the middle of the canal. She said that the tree and roots were exposed, and she couldn't get to it because it wasn't on her property; it was on the other side of the canal. She said that she called the City of Hampton, finally wound up talking to then City Attorney, Paul Burton. She stated that Mr. Burton told her that the City could not take the tree down because it was on her property, even though it was on the other side of the ditch. She said that she told Mr. Burton that she would call her attorney and explain that. She said that Public Works took the tree down the next day. She said that paving private driveways benefit only that property owner and dredging in the ancillary areas and cleaning the outfall ditches is a benefit to every citizen.

Mr. David Jennings, 515 Toddsbury Court, stated that he heard the issue would come up on how much of the siltation was the result of runoff and from other sources. He said that he has a hydrology background and he hasn't had a chance to actually look at the City's drainage information. He said that it looks like at least half of what's going into Elizabeth Lake.

Mayor Kearney agreed with Mr. Jennings and said that the silt buildup seems to have increased the last 10 years. In response, Mr. Jennings stated that he has been out of the City for several years and just came back, and it is amazing.

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Ms. Jan Morrison, 306 Burgh Westra, spoke to Council representing Elizabeth Lake. Ms. Morrison said that a couple of months ago she remembers a conversation with Mayor Kearney where she told him that people were not coming to Council meetings because they knew nothing would ever be done. She said that she is encouraged again and she wants to hear what Council is saying. She said that she appreciated Councilwoman Leary’s comments.

Ms. Morrison said that she was not against the boat tax. She said that she has a boat and she would pay taxes if she needed to. She said that a tax would not chase her away, but if there is no water to put her boat in, that would chase her away.

Ms. Morrison said that she talked to Mr. Tommy Thompson and she wanted to clarify something that he said. She said that there's an easement that comes through her property for drainage. She said that Mr. Thompson indicated that he never meant it to be an easement for the drainage because why would he make it 100 feet? She said that she feels like Mr. Wood and that they probably can get their people to sign off on this. She said that if permission is needed to get on their property, she doesn’t believe there would be a problem.

Mayor Kearney said that ten years ago he would have agreed with you.

Ms. Morrison said that she wants the City’s continued support on the dredging issue in trying to resolve the problem. She said that she wants to work with the City and she will do whatever she can.

Mayor Kearney said that he believes that everyone on Council wants to do this and do it right and he hopes that something is going to change with the environmental part and also dealing with the property rights issue. He said that about two years ago the people in Colonial Acres that live back on the canal requested help from the City of Hampton and the City administration turned them down. He said that the people in Colonial Acres, not only dredged that canal themselves, they also replaced all the bulkheads.

Ms. Morrison stated that she used to live in Colonial Acres and that water was a man-made area.

Mr. John Krulis, 3631 Chesapeake Avenue, stated that three minutes was not enough time to adequately address the things that he believes need to be addressed in this budget, but I will try to be very brief and to the point. He said that he believes the budget is totally out of control and believes the fiscal responsibility of the City is nonexistent in many areas. He said that he believes it is almost disingenuous to be discussing how many points can be shaved off the tax rate when that's not the issue at all. He said that raising or lowering the tax rate could be done by Council instantaneously. He said that Council is not controlling the spending and it is not addressed in this budget or any other budget. He said that there is no accountability and Council spends the money as it sees fit.

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Mr. Krulis stated that he believes the budget includes multitudes of acquisitions of properties for which there is no accountability, and for which the City will have to take responsibility for what it does for the tax base. He said that he believes Council thinks it is doing right by buying properties and increasing the rate of the City's tax base, but you are messing with it. He said that there are instances in which Council is buying property that is just outrageous.

Mr. Krulis stated that he believes that Council needs to be concerned about what Standard & Poor's is now thinking, and it has very little to do with the Transportation Authority, it has to do with what Council is doing with this budget.

Mr. Krulis said that he hopes that when the bubble bursts in the market that Council will be as energetic and as studious about going to those assessments, which the City has found to be a golden egg.

Mr. Krulis thanked Council for the opportunity to speak.

Mayor Kearney thanked Mr. Krulis for his comments and stated that he believes they are totally misguided.

Mr. Jesse Wilkins said that if there are things going on to solve the problem, he applauds those. He requested that Council not do them in isolation.

Ms. Terri Jennings, 515 Toddsbury Court, stated that she grew up in Elizabeth Lake and she left for extended periods of time. She said that the speakers presented Council a scientific view. She said that for the last two months she has spent the better part of every day at the lake. She said that the lake is not just for Elizabeth Lake residents. She said that there are walkers who come from Phillips Lake, Malvern Hill and Willow Oaks to walk through Elizabeth Lake because it's not on a major walkway, and it is a beautiful area to walk through. She said that there are students who come over at lunchtime to have their lunch at the picnic tables on the lake. She said that Elizabeth Lake is on private property but it is public.

Ms. Carol Lanshe, 331 Spring Court, stated that she moved to Hampton from California seven years ago. She said that Elizabeth Lake is a beautiful neighborhood that offers many things that California didn't offer her.

Ms. Lanshe said that the City of Norfolk dredged and charged the homeowners $200 per driveway

Mayor Kearney stated that was offered in the City of Hampton and the people in the community knew that. He said that when they saw the main line going down, they were all offered to do the driveway, and the company that was doing the work did the permits.

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Mayor Kearney said that what is being discussed now is going up into some of the inlets that the City has, not only Elizabeth Lake but other inlets the City has and how does the City deal with those. There's the problem we're hitting, and that's what Council is trying to work on right now.

Mr. Floyd Gibbs, 766 Bellwood Road, stated that he feels a commitment to assist with the flooding problem in the City of Hampton. He said records show that during Hurricane Isabel, 4,048 homes in Hampton were harmed by Hurricane Isabel. He said that it would take an estimated four or five Isabel’s to make one Hurricane Katrina in other words Hurricane Isabel was not a real blockbuster. He said that for Hurricane Isabel to do something to over 4,000 families is something seriously wrong.

Mr. Gibbs said that his primary reason for taking the flight was to see the damage from the weekend light Nor’easter blow. He said that if Council would look closely at the pictures he provided, it shows clearly that the sand spit out there that has been there since 1941. He said that 99 percent of it is no longer effective in protecting pastures and protecting Langley Air Force Base (LAFB) and NASA.

Mayor Kearney asked if he was including Poquoson and all of Back River. In response, Mr. Gibbs said that and the entire length of New Market Creek south of Mercury Boulevard. He said that he walked that in the past few days and it was pretty sad.

Mr. Gibbs said that he encountered people and told them that he was interested in the flooding problem in Hampton, and their first question was, which side he was on. He said that he asked what his options were because he wasn’t sure there were any sides. He said that it seems that the people from Mercury Boulevard north are convinced that putting a floodgate under Mercury Boulevard Bridge will increase the flood levels north of Mercury Boulevard, so they are totally opposed to this floodgate idea. He said that the people who are the lower echelons of our socio- economic situation, to say it, I guess.

Mayor Kearney stated that he disagreed with Mr. Gibb’s evaluation.

Mr. Gibbs said that he was talking about the people south, many of them in the New Market Creek section south of Mercury Boulevard, all the way over to New Market Shopping Center, many of them are not affluent; however, they say that they want the bridge and the floodgate under the bridge because they think that it will help them.

Mr. Gibbs said that regardless of which side you're on, that floodgate, in his opinion, is a very bad idea. He said that Council should consider getting a hydraulic dredge just west of the sand spit was and do it now because LAFB is not going to let Langley Field flood but so many times and the City is going to lose Langley and he is very seriously concerned

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about that. He said that if the dredging didn’t start fairly soon, the City would begin to develop serious difficulties there.

Mayor Kearney stated that he and the City Manager agreed with Mr. Gibbs and this is at the top of his priority right now in trying to determine how to start the dredging. He said that as Mr. Gibbs and others have suggested, was to dredge and take the spoils and put it up there where Factory Point was. He said that was what the City Manager is trying to work out.

Mayor Kearney asked Mr. Gibbs why Council was not invited to go up in the plane. In response, Mr. Gibbs apologized and stated that he waited all day long to get visibility to fly because they were flying off the end of Langley strip. He said that they finally got Langley's approval provided they stayed below 300 feet. He said that there were two empty seats.

Mr. Elliott Schlosser, 47 W. Queens Way, asked for what area the dredging had been contracted for, if any. In response, Mayor Kearney said that it was right down the middle from the Settlers Landing Bridge all the way up to just outside of Elizabeth Lake and the Hampton River.

Councilwoman Leary asked if had been contracted? In response, Mayor Kearney stated that it had been funded.

Mr. Schlosser asked if it was under an existing permit now. In response, Councilwoman Leary said that no permits had been issued yet.

The City Manager stated that all the permits will be applied for.

Mr. Schlosser asked if it was Council’s intention to start at Mill Point there and put your slips in that he read about. In response, the City Manager stated that was something else.

Mayor Kearney thanked the speakers for their comments.

HELD PUBLIC HEARING

15. 07-0228 Public hearing to receive citizens’ comments relative to the proposed decrease in the Real Estate Property Tax from $1.14 per $100 of assessed value to $1.08 per $100 of assessed value.

HELD PUBLIC HEARING - There were no speakers present.

16. 07-0229 Public hearing to receive citizens’ comments relative to the Fiscal Year 2008 increase in the Stormwater Management User Fees for the City of Hampton, Virginia, for the fiscal year beginning July 1, 2007 and ending June 30, 2008.

HELD PUBLIC HEARING - There were no speakers present.

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General Items

Ordinances

17. 07-0250 An 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, 2007 and ending June 30, 2008.

ADOPTED ON SECOND AND FINAL READING AS AMENDED MOVED TO amend the City of Hampton, Virginia’s fiscal year 2008 Operating Budget adopted on first reading as follows:

Decrease Revenues: ~ Personal Property Taxes-Current (This will fund the 100% disabled veterans personal property tax relief program) (100,000)

~ Increase Revenues: 100,000 ~ Business License Tax 24,321

Decrease Appropriations ~ Non Departmental: Pine Chapel Acquisition (150,000) ~ Employee Benefits: Health Insurance Premiums ( 87,222) ~ Contingency ( 24,545) ~ Civic and Community Support: Peninsula Community Foundation ( 50,000) ~ Civic and Community Support: Peninsula Fine Arts Center (146,000) ~ Civic and Community Support: Mariner’s Museum (100,000)

Increase Appropriations ~ Civic and Community Support: Other Contributions (246,000) ARC ( 12,000) JET Program ( 20,000) Career Café ( 15,000) Bay Days ( 50,000) ~ Non Departmental-Fixed Costs for fuel to City Departments ( 82,608) ~ Support Contractual-HRT increase due to fuel (132,159) ~ Commissioner of Revenue for Business License Inspector ( 24,321)

Capital Projects Fund

Reduce Appropriation: Bright’s Creek Project (1,500,000) Increase Appropriation: King Street Improvements 1,500,000

Motion made by: Councilmember Charles N. Sapp Seconded by: Councilmember Rhet Tignor Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

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MOVED TO adopt the City’s fiscal year 2008 Operating Budget on second and final reading as amended.

Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Vice Mayor Randall A. Gilliland Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

MOVED TO amend an ordinance appropriating monies for the general fund of the City of Hampton, Virginia for the fiscal year beginning July 1, 2007 and ending June 30, 2008 as adopted on first reading as follows:

Decrease Revenues: ~ Personal Property Taxes-Current (This will fund the 100% disabled veterans personal property tax relief program) (100,000)

Increase Revenues: ~ Real Estate Taxes-Current 100,000 ~ Business License Tax 24,321

Increase Appropriations ~ Civic and Community Support: Other Contributions 246,000 ARC 12,000 JET Program 20,000 Career Café 15,000 Bay Days 50,000 ~ Non Departmental-Fixed Costs for fuel to City Departments 82,608

~ Support Contractual-HRT increase due to fuel 132,159 ~ Commissioner of Revenue for Business License Inspector 24,321

Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Angela Lee Leary Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

MOVED TO adopt an ordinance appropriating monies for the general fund of the City of Hampton, Virginia for the fiscal year beginning July 1, 2007 and ending June 30, 2008 on second and final reading as amended.

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Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Joseph H. Spencer, II Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

18. 07-0246 An ordinance to adopt a budget and appropriate monies for the Capital Budget for the City of Hampton for the fiscal year beginning July 1, 2007, and ending June 30, 2008.

ADOPTED ON SECOND AND FINAL READING AS AMENDED

MOVED TO amend an ordinance appropriating monies for the Capital Budget Fund for the fiscal year beginning July 1, 2007 and ending June 30, 2008 on first reading as follows:

Capital Projects Fund

Reduce Appropriation: Bright’s Creek Project (1,500,000) Increase Appropriation: King Street Improvements 1,500,000

Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Angela Lee Leary Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

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, 2007 and ending June 30, 2008 on second and final reading as amended.

19. 07-0247 An 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, 2007 and ending June 30, 2008.

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ADOPTED ON SECOND AND FINAL READING Motion made by: Councilmember Angela Lee Leary Seconded by: Councilmember Rhet Tignor Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

20. 07-0244 An 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, 2007 and ending June 30, 2008.

21. 07-0242 An 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, 2007 and ending June 30, 2008.

ADOPTED ON SECOND AND FINAL READING Motion made by: Councilmember Rhet Tignor Seconded by: Councilmember Paige V. Washington Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

22. 07-0249 An ordinance to adopt a budget and appropriate monies for the general expenses of “The Hamptons Golf Course” for the fiscal year beginning July 1, 2007 and ending June 30, 2008.

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23. 07-0243 An 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, 2007 and ending June 30, 2008.

ADOPTED ON SECOND AND FINAL READING Motion made by: Councilmember Paige V. Washington Seconded by: Councilmember Joseph H. Spencer, II Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

24. 07-0245 An ordinance to adopt a budget and appropriate monies for the general expenses of the EXCEL Fund for the fiscal year beginning July 1, 2007 and ending June 30, 2008.

ADOPTED ON SECOND AND FINAL READING Motion made by: Councilmember Paige V. Washington Seconded by: Councilmember Joseph H. Spencer, II Ayes: 7 – Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II.

25. 07-0248 An ordinance to adopt a budget and appropriate monies for the Economic Development Fund for the fiscal year beginning July 1, 2007 and ending June 30, 2008.

26. 07-0241 An ordinance to set the tax rate on real properties in the City of Hampton, Virginia, for the fiscal year beginning July 1, 2007 and ending June 30, 2008.

ADOPTED ON SECOND AND FINAL READING AS AMENDED

MOVED TO amend an ordinance to set the tax rate on real properties in the City of Hampton, Virginia for the fiscal year beginning July 1, 2007 and ending June 30, 2008 adopted on first reading as follows:

Reduce the Real Estate Tax Rate by Two Cents ($.02) from $1.08 per $100.00 of assessed value to $1.06 per $100.00 of assessed value.

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Motion made by: Councilmember Angela Lee Leary Seconded by: Vice Mayor Randall A. Gilliland Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

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, 2007 and ending June 30, 2008 on second and final reading as amended.

Motion made by: Councilmember Angela Lee Leary Seconded by: Councilmember Paige V. Washington Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

27. 07-0240 An 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, 2008 and ending December 31, 2008.

ADOPTED ON SECOND AND FINAL READING Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Joseph H. Spencer, II Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

28. 07-0239 An ordinance to amend the code of the City of Hampton, Virginia by amending and reenacting section 33.1-21 pertaining to "Stormwater User Fees".

Mayor Kearney thanked the City Manager and his staff for the nice job on the budget.

Councilman Spencer stated that he has been through a lot of budgets over the years, and from the first work sessions that Council had back in January and February 2007 to the final budget approval tonight, he can't remember a time that the afternoon meeting on the final vote that Council wasn't here until like 7:30 ironing out the language and the changes to be made so that the City Attorney and the budget staff were frantically organizing the language and the script that Council read from tonight to insure things were said properly. He said that it was a delight to have the

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budget flow and worked out in such a seamless fashion. He congratulated the City Manager and staff.

ADOPTED ON SECOND AND FINAL READING Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Charles N. Sapp Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

29. 07-0259 AN ORDINANCE TO AMEND AND REENACT CHAPTER 41.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED “WETLANDS”, EFFECTIVE JULY 1, 2007.

The City Manager stated that the proposed revisions to Chapter 41.1 entitled, wetlands are in three categories. He said that the first category deals with changes necessary to bring the ordinance into compliance with State law. The second category amends and deals with the transition of the enforcement in staffing of the wetlands board from the Planning Department to the Codes and Compliance Department, and the final amendment deals with the collection of funds from the imposing of civil charges.

Councilwoman Leary stated that under item A on page 11, Section 41.1- 22, penalties, talks about remedies under other sections of this chapter, but it also talks about under civil penalty it will not exceed $25,000 for each day of violation. She said that then there are futile words between a semicolon and a comma that says, except that where the violator is the City itself or its agent. She asked if the City is enacting a law that there will be a penalty if our citizens violate it, but we can violate it. She said that under Section 41.1-7, permitted uses and activities; government activities and wetlands owned or leased by the Commonwealth or a political subdivision thereof means that the City of Hampton is exempt. She said that she was not in favor of the City of Hampton being exempt from a law that Council would put against its citizens, so she has to vote not adopt this because of that information. She said that she was not going to make a motion and prolong these hearings and not take a chance on having it seconded. She said that she was simply speaking to the issue and she doesn’t like the fact that the City is exempt to this.

Mayor Kearney requested that Ms. Sally Andrews, Chief Deputy City Attorney, address the State law. In response, Ms. Andrews stated that first of all, the second one Councilwoman Leary addressed talked about the exemption. She said that the way the wetlands law is set up, when the State adopted the wetlands law back in 1970 they adopted a uniform mandatory wetlands ordinance, and if the locality chose to adopt a wetlands ordinance, they had to adopt the ordinance the State dictated. She explained that the governmental exemption is in the State mandated law, and the City has absolutely no discretion as to whether or not to have

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that. She said that if Council believes that it is not appropriate, the adequate way to handle that is to go through the General Assembly and try to have that removed.

Councilwoman Leary stated that she is requesting that the City Manager make this a part of the Council’s legislative package for next year.

Ms. Andrews stated that on the other one, on penalties is not that they wouldn't have the fine, it's just where the money goes. She explained that if the money goes, if it's a private individual, the fine would go into the City treasury. She further explained that If the City is the violator, if you put it in your own treasury, then it would not be a penalty, except where the violator is the City itself, the court shall direct that the penalty be paid to the State treasury. She said that the City would be fined just like any other violator; the money would then go to the State rather than taking the City's own money and putting it back into the City.

Councilwoman Leary stated that she understands that the City would still have to pay for it. She said that the City’s pockets are very deep, as she has been told once; go ahead and sue us, our pockets are very deep.

Mayor Kearney asked Councilwoman Leary if someone on the wetlands board said that. In response, Councilwoman Leary stated that was said by the former City Attorney.

Mayor Kearney asked Councilwoman Leary if it was in reference to the wetlands board on this issue. In response, Councilwoman Leary replied no, and said that she had not discussed this with the Wetlands Board, but she feels that the City of Hampton, and there are cases to prove it Home Depot, Oxford Trail, all of these, and other places, where the City has encroached or the City has been allowed to encroach, and the house on River Road is probably one of the most blatant. She said that she believes that the encroachment is catching up with the City.

Ms. Andrews stated that the language and the penalty is also directly from the State code.

Councilwoman Leary thanked the Chief Deputy City Attorney for her legal opinion.

Mayor Kearney stated that he believes the points that were brought up in this, and he doesn't know about the houses Councilwoman Leary was talking about, or the deep pockets, but what Council is looking at is State ordinance.

Ms. Andrews agreed with Mayor Kearney.

Mayor Kearney stated that this is all State law and what was explained in the afternoon work session was that you are doing the wordsmithing and making the language adopt to the State as mandated by State law; is that correct? In response, The Chief Deputy City Attorney stated the two

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items that Councilwoman Leary addressed are not changes in the ordinance at all; they are just things that were in the ordinance previously, but they also come directly from State law.

APPROVED ON FIRST READING Motion made by: Councilmember Rhet Tignor Seconded by: Vice Mayor Randall A. Gilliland Ayes: 6 - Randall A. Gilliland, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 1 - Angela Lee Leary

Appointments

30. 07-0272 to consider appointments to the Thomas Nelson Community College Board.

REAPPOINTED Joyce Melvin-Jones to a second term commencing on July 1, 2007, and expiring on June 30, 2011. Council appointed Christopher G. Stuart to a four year term commending on July 1, 2007, and expiring on June 30, 2011.

Motion made by: Councilmember Rhet Tignor Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

31. 07-0273 to consider an appointment to the Parks and Recreation Advisory Board.

APPOINTED W. A. Bud Porter to a four year term expiring on April 30, 2011. Motion made by: Councilmember Rhet Tignor Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

32. 07-0274 to consider an appointment to the Virginia Peninsula Disability Services Board.

DEFERRED (5/23/2007) Motion made by: Councilmember Rhet Tignor Seconded by: Vice Mayor Randall A. Gilliland Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

33. 07-0275 to consider an appointment to the Hampton Parking Authority.

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REAPPOINTED Robert Allsbrook to a second four year term which will expire on May 30, 2011. Motion made by: Councilmember Rhet Tignor Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

Other Items

34. 07-0268 Appeal of Denial of Application for Taxi Driver Permit by Raymond Andrew White.

Mr. Jesse T. Wallace, Jr., City Manager stated that Mr. Raymond A. White applied for a Hampton taxicab driver's permit on April 9, 2007 and pursuant to Hampton City Code Section 38-78 the police division conducted an investigation of the information contained in the application, including a traffic and criminal background check. He said that this investigation revealed two convictions on Mr. White's traffic record that would have been cause for denial of a permit and an additional criminal conviction that Mr. White failed to report in his application.

The City Manager stated that this information was reported in a written memorandum to him dated April 11, 2007, from Corporal Williams of the Records Division of the Police Department. He said that a copy of the memorandum was provided to Council in their packets. He said that based on this information and pursuant to City Code Section 38-83, he denied Mr. White's application for Hampton taxicab driver's permit. He stated that he notified Mr. White of his decision and reason for it by letter dated April 23, 2007. He said that after that, in a very timely manner, Mr. White has appealed this decision by way of a letter dated April 29, 2007. He said that copies of both letters were provided to Council.

Mr. Raymond White, 399-A Circuit Lane, Newport News, stated that what disturbed him was that he had worked for Yellow Cab before back in the 1990s, and he was duly licensed in the State of Virginia. He said that he had received some tickets in Hampton for speeding on Kecoughtan Road and he was negligent in paying the fines, but he did pay them. He said that he surrendered his cab license to Hampton, paid the fine, and had his driver's license reinstated. He said that he has obtained a cab license from Newport News and he is a driver for Yellow Cab Company in the City of Newport News. He said that they wanted him to get multi- licensed. He said that at this point he doesn’t have any points on his license and he is still driving. He said that he is 68 years old and that was 17 years ago.

Mr. White requested that Council allow him to do his job.

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Councilman Tignor asked Mr. White to clarify the last time he had a moving violation. In response, Mr. White said that it was about 1995 or 1996.

Corporal Thurman Williams, Hampton Police Division, stated that the Hampton City Code and policy state that a conviction of a serious traffic charge, including DUI, reckless driving, hit and run, driving while suspended, or revoked, evade and elude calls, for the City Manager to refuse to issue a Hampton taxicab driver's permit. He said that after examining Mr. White's DMV record, the two most serious violations were in 2002; one in January of 2002 was a conviction in York County for driving under suspension, and in October of 2002, driving in Newport News while he was suspended.

Corporal Williams said that additionally, on the application it asks the question, have you ever been convicted or pled guilty to a violation of any city, state, or federal criminal law, in which he answered no on the application. He said that in checking his criminal history in 2005, Mr. White was convicted of assault and battery on a family member in which he did serve some jail time with that. He said that based on that, he sent a memo to the City Manager on April 11, 2007, recommending the Police Division’s denial of the taxicab permit.

MOVED TO deny Mr. White's appeal. Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Paige V. Washington Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

Audiences Granted to the General Public

Miscellaneous New Business

Councilwoman Leary apologized for missing the afternoon work session due to a family situation that needed her attention. She said that under Section 2.2-3115, disclosure by local government officers and employees of the Virginia Code, she would like item F addressed as far as city employees are concerned, which talks about any disclosure required by subsections (a) and (b), in each county and city and in towns where populations in excess of 3,500 members, planning commissions, board of zoning appeals, real estate assessors, and all county, city, and town managers, or executive officers shall make annual disclosures of all their interest in real estate located in the county, city, or town in which they are elected, appointed, or employed. She said that it goes on about what the disclosures shall include, but she would like to make sure that Council has that in place.

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Councilwoman Leary said that she would like Mayor Kearney to give consideration to involving Hampton University and taking a look at that boat tax as well.

Mayor Kearney stated that he is sure that the City Manager is right there and is going to do a great job getting that information together.

Councilwoman Leary stated that the City has a lot of talent there and she would like to see the City and Hampton University partnering.

Councilman Tignor stated that the last time a taxicab license denial came before Council he asked that there be some study about a statute of limitations on it. He said that there was no doubt that in this particular case Council needed to deny it. He stated that he believes there should be some sort of a statute of limitations on it, and he would like to see it in the ordinance.

Adjournment

______Ross A. Kearney, II Mayor

______Katherine K. Glass Clerk of Council

Date approved by Council______

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