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, City of Hampton, VA Page 1 of 32 Printed on 6/21/2007 City Council Meeting Minutes 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 City of Hampton, VA Page 2 of 32 Printed on 6/21/2007 City Council Meeting Minutes 2. 07-0256 Request for Refunds of Erroneous Tax Assessments 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 3. 07-0257 Approval of Minutes from afternoon and evening sessions of Council on April 11, 2007. 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 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. 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 City of Hampton, VA Page 3 of 32 Printed on 6/21/2007 City Council Meeting Minutes 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 City of Hampton, VA Page 4 of 32 Printed on 6/21/2007 City Council Meeting Minutes 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.