POLISCOPE

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HAMPTONDecisions publishedPartial coverage

City Council Legislative Session

Wednesday, May 10, 2023 · Government meeting record

The 30-second read

Recorded outcome

Use Permit by Gregory Braxton, to Permit a Restaurant 3 at 1471 Merchant Lane [LRSN: 13002022]

Why it matters

This item is supported by a public source record.

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No later meeting or follow-up date is stated in the reviewed record.

An official outcome record - an action agenda or minutes - is published for this meeting.

Captured actions

30

Recorded outcomes

30

Source artifacts

1

What changed

Other key decisions

30 captured items have a publicly linked outcome. These 5 are the clearest resident summaries in the record.

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  • Item 4.

    Use Permit by Gregory Braxton, to Permit a Restaurant 3 at 1471 Merchant Lane [LRSN: 13002022]

    Moved by Billy Hobbs · Seconded by Chris L. Bowman

    approved - A motion was made by Councilmember Billy Hobbs and seconded by Councilmember Chris Bowman, that this Use Permit be approved with thirteen (13) conditions. The motion carried by the following vote:
  • Item 3.

    Approval of the minutes from the special joint meeting of the City Council and Planning Commission of March 16, 2023; and the City Council work sessions of April 12, 2023, and April 26, 2023, the legislative session of April 12, 2023, and the special session of May 3, 2023.

    Moved by Billy Hobbs · Seconded by Martha Mugler

  • Item 26.

    Consideration of Appointments to the Board of Zoning Appeals

    Moved by Hope L. Harper

    approved - A motion was made by Councilwoman Harper that the following individuals be recommended for appointment with the appointments being made by the Hampton Circuit Court: Sean Cummings - unexpired portion of a term to expire on December 31, 2024; Michelle Ferebee - unexpired portion of a term to expire on December 31, 2025; and Melissa Story - unexpired portion of an alternate term until May 31, 2028. The motion carried by the following vote:
  • Item 2.

    Resolution to Accept the Donation of furniture, fixtures, materials, and supplies to create a Maker Space, provide upgrades to study spaces, and provide upgrades to children's spaces, and of changing stations in restrooms with a total value of approximately $35,000 from the Hampton Public Library Foundation for the Hampton Public Library

    Moved by Billy Hobbs · Seconded by Martha Mugler

  • Item 1.

    Resolution to Request the Virginia Department of Transportation to Program Traffic Mitigation Efforts on Settlers Landing Road and Mallory Street/I-64 Interchange Project into its Six-Year Improvement Plan; to Amend the City Manager's Council Approved FY2023 Capital Budget to Incorporate the Project; and to Accept and Appropriate $1,210,000 of Hampton Roads Transportation Accountability Commission Funding to the Capital Projects Fund for this Project

    Moved by Hope L. Harper · Seconded by Martha Mugler

Money

  • $1,210,000 · Resolution to Request the Virginia Department of Transportation to Program Traffic Mitigation Efforts on Settlers Landing Road and Mallory Street/I-64 Interchange Project into its Six-Year Improvement Plan; to Amend the City Manager's Council Approved FY2023 Capital Budget to Incorporate the Project; and to Accept and Appropriate $1,210,000 of Hampton Roads Transportation Accountability Commission Funding to the Capital Projects Fund for this Project

  • $35,000 · Resolution to Accept the Donation of furniture, fixtures, materials, and supplies to create a Maker Space, provide upgrades to study spaces, and provide upgrades to children's spaces, and of changing stations in restrooms with a total value of approximately $35,000 from the Hampton Public Library Foundation for the Hampton Public Library

People and votes

Martha Mugler

8 seconds · 5 motions

  1. SecondItem 3.

    Approval of the minutes from the special joint meeting of the City Council and Planning Commission of March 16, 2023; and the City Council work sessions of April 12, 2023, and April 26, 2023, the legislative session of April 12, 2023, and the special session of May 3, 2023. - Seconded the recorded motion.

    Official record
  2. SecondItem 2.

    Resolution to Accept the Donation of furniture, fixtures, materials, and supplies to create a Maker Space, provide upgrades to study spaces, and provide upgrades to children's spaces, and of changing stations in restrooms with a total value of approximately $35,000 from the Hampton Public Library Foundation for the Hampton Public Library - Seconded the recorded motion.

    Official record
  3. SecondItem 1.

    Resolution to Request the Virginia Department of Transportation to Program Traffic Mitigation Efforts on Settlers Landing Road and Mallory Street/I-64 Interchange Project into its Six-Year Improvement Plan; to Amend the City Manager's Council Approved FY2023 Capital Budget to Incorporate the Project; and to Accept and Appropriate $1,210,000 of Hampton Roads Transportation Accountability Commission Funding to the Capital Projects Fund for this Project - Seconded the recorded motion.

    Official record
  4. SecondItem 6.

    Ordinance to Adopt Tax Rates Applicable to All Classifications of Tangible Personal Property Liable for Such Levy in the City of Hampton, Virginia for the Calendar Year Beginning January 1, 2024 - Seconded the recorded motion.

    Official record
  5. MotionItem 7.

    Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 33.2, Titled “Stormwater Management,” Article IV, Titled "Service Charges and Revenues,” Section 33.2-35, Titled “Same-Billing, Payment, Interest, Fee and Lien" - Moved the recorded motion.

    Official record
  6. SecondItem 10.

    Ordinance to Adopt a Budget and Appropriate Monies for the Capital Budget (Capital Projects) Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 - Seconded the recorded motion.

    Official record
  7. MotionItem 11.

    Ordinance to Adopt a Budget and Appropriate Monies for the Hampton Coliseum/Arts Commission/Hampton VA Aquaplex Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023, and ending June 30, 2024 - Moved the recorded motion.

    Official record
  8. SecondItem 16.

    Ordinance to Adopt a Budget and Appropriate Monies for the Fleet Services - Equipment Replacement Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 - Seconded the recorded motion.

    Official record
  9. MotionItem 17.

    Ordinance to Adopt a Budget and Appropriate Monies for the Information Technology Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 - Moved the recorded motion.

    Official record
  10. SecondItem 22.

    Ordinance to Adopt a Budget and Appropriate Monies for the Wastewater Management Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 - Seconded the recorded motion.

    Official record
  11. MotionItem 23.

    Ordinance to Adopt a Budget and Appropriate Monies for the Community Development Block Grant & HOME Investment Partnership Program Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 - Moved the recorded motion.

    Official record
  12. Second

    Approval of the Consent Agenda - Seconded the recorded motion.

    Official record
  13. Motion

    Motion to separate all expenses included in the General Fund to be budgeted and appropriated for Department Code 140 (Commissioner of the Revenue) for a separate vote. - Moved the recorded motion.

    Official record

Record text

No recording or transcript is held for this meeting.

22 Lincoln Street Hampton, VA 23669 www.hampton.gov City of Hampton Council Approved Minutes - Final City Council Legislative Session Mayor Donnie R. Tuck Vice Mayor Jimmy Gray Councilmember Chris L. Bowman Councilmember Steven L. Brown Councilmember Hope L. Harper Councilmember Billy Hobbs Councilmember Martha Mugler STAFF: Mary Bunting, City Manager Cheran Cordell Ivery, City Attorney Katherine K. Glass, CMC, Clerk of Council 6:30 PM Council ChambersWednesday, May 10, 2023 Second Reading and Final Approval of FY24 Manager's Recommended Budget CALL TO ORDER/ROLL CALL Mayor Tuck called the meeting to order at 6:31 p.m. All members of the City Council were present. Councilmember Chris L. Bowman,Councilmember Steven L. Brown,Vice Mayor Jimmy Gray,Councilmember Hope L. Harper,Councilmember Billy Hobbs,Councilmember Martha Mugler and Mayor Donnie R. Tuck Present: 7 - DONNIE R. TUCK PRESIDED INVOCATION - Councilman Chris Bowman Councilman Bowman gave the invocation. PLEDGE OF ALLEGIANCE TO FLAG MAYOR'S COMMENTS Mayor Tuck recognized Kirkpatrick 'Kapua' Buchanan, President of Sentara who introduced Victoria Buchananan, a Midwifery Specialist, who provided information about Sentara's Midwifery Program and the importance of maternal health services. Mayor Tuck also recognized Isaiah Manley-Lee, who was recently promoted to Sergeant and was recognized by the Page 1City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final Virginia Sheriff's Association as Deputy Sheriff of the Year. Sargeant Manley-Lee is the bailiff who serves at Hampton City Council meetings. CONSENT AGENDA Clerk of Council, Katherine Glass, read the protocol for the consent agenda and a summary of the consent items. Approval of the Consent Agenda Motion made by Councilmember Hobbs, seconded by Councilmember Mugler, to approve the Consent Agenda. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 1. 23-0123 Resolution to Request the Virginia Department of Transportation to Program Traffic Mitigation Efforts on Settlers Landing Road and Mallory Street/I-64 Interchange Project into its Six-Year Improvement Plan; to Amend the City Manager's Council Approved FY2023 Capital Budget to Incorporate the Project; and to Accept and Appropriate $1,210,000 of Hampton Roads Transportation Accountability Commission Funding to the Capital Projects Fund for this Project item approved. Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 2. 23-0101 Resolution to Accept the Donation of furniture, fixtures, materials, and supplies to create a Maker Space, provide upgrades to study spaces, and provide upgrades to children's spaces, and of changing stations in restrooms with a total value of approximately $35,000 from the Hampton Public Library Foundation for the Hampton Public Library Item approved. Page 2City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 3. 23-0070 Approval of the minutes from the special joint meeting of the City Council and Planning Commission of March 16, 2023; and the City Council work sessions of April 12, 2023, and April 26, 2023, the legislative session of April 12, 2023, and the special session of May 3, 2023. Item approved. Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - PRESENTATIONS, PROCLAMATIONS, AWARDS Mayor Tuck read a proclamation for Public Service Week and presented it to Nicole Clark, Hampton's Human Resources Director. 23-0140 Resolution in Recognition of Terry P. O'Neill Mayor Tuck read the resolution in recognition of Terry O’Neill’s 40 years of service to the City of Hampton. Following the presentation of the Resolution, Mr. O’Neill gave brief remarks. He shared that he is honored to have done this type of work in the community where he grew up; he feels lucky to have been able to pursue a profession that he has a passion for; and is proud to have done this meaningful work which has positively impacted his family and friends. He thanked Council for the accolades and also credited Hampton’s hard-working team for supporting him over the years. A motion was made by Councilmember Steven Brown and seconded by Councilmember Hope Harper, that this Resolution be approved. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - Page 3City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final PUBLIC HEARINGS Ms. Glass read the protocol for public hearings. Use Permits 4. 23-0046 Use Permit by Gregory Braxton, to Permit a Restaurant 3 at 1471 Merchant Lane [LRSN: 13002022] Conditions Application Staff Report Presentation - Updated Addendum to Staff Report Attachments: Ms. Glass read the title for the item. City Manager Mary Bunting introduced City Planner Davis Pemberton to make the presentation. Mr. Pemberton greeted those on the dais and reviewed the slide presentation regarding a use permit for a restaurant at 1471 Merchant Lane called the Rhythm Room. The first portion of the presentation included information about the site location (Coliseum Central area - Peninsula Town Center, Building E) and the request to exceed the permitted indoor live entertainment performance area, extending it up to 180 square feet. The presentation also included information about the application related to proposed hours of operation; live entertainment; zoning (C-2); the future land use map for the site (mixed use); public policy; and updated information about parking at the Peninsula Town Center (PTC), including a shared parking credit which allows for parking deviation based on peak hours for certain uses. Mr. Pemberton noted that concerns were raised at the April 20th Planning Commission public hearing about the PTC POA’s (Peninsula Town Center Property Owners Association) position on the parking credit and vacancies in Building E as a result of this use permit application. He briefly spoke about staff’s re-evaluation of parking and their ideas for short-term and long-term parking solutions. Mr. Pemberton shared staff’s analysis of the request. Coliseum Central is a major regional mixed-use area; the PTC is one of the key regional draws in the district; the existing development pattern supports the addition of a restaurant and live entertainment venue; and experiential venues are currently one of the stronger local Page 4City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final commercial markets. Mr. Pemberton summarized the recommended conditions related to hours of operation; location of live entertainment; security; sound; special ABC licensee expiration; revocation; and outdoor dining. Mr. Pemberton stated that the Planning Commission and staff recommend approval of the item with 13 conditions; noted that the applicant was present; and then opened the floor for questions from Council. Councilman Brown thanked Mr. Pemberton for the presentation and asked if the applicant has an alternative plan to address limited parking in instances when other businesses are holding events. He also asked why the PTC POA declined the parking credit. Zoning Administrator Allison Jackura clarified that parking at the PTC is managed as one shopping center parking where all spaces are under the parking credit and specific spaces are not designated for the Rhythm Room. For example, the Target parking lot, the parking garage and the former Outback Steakhouse parking lot are all considered onsite parking. She also clarified that the City would not manage coincidence of multiple uses needing additional parking; instead, that is a private matter to manage. With regard to the Peninsula Town Center Property Owners Association declining the parking credit, Ms. Jackura said that she would rather not speak on their behalf, but she is under the impression that the issue may be with additional new developments they are pursuing. Councilwoman Harper shared that at the Planning Commission meeting, a representative from the PTC stated that although the PTC had previously declined the parking study, she was confident that the intent is for the PTC to move forward with it. Councilwoman Harper asked if there has been any follow up to determine if the parking study will be done. Planning and Zoning Division Manager Mike Hayes shared that there has been some follow up in terms of the standard or requirements for hiring a company to do the study; however, he is uncertain of any progress in the matter. PUBLIC HEARING: Mayor Tuck opened the public hearing. Page 5City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final Mr. Joseph Huang greeted those on the dais and made the following statement: I’m from Danville, California. I just flew in this morning to be here to support the Rhythm Room. I represent ownership of Peninsula Town Center, Building E, where we bought from the owner (POA). We are very much, very supportive of the Rhythm Room, so much so that we are willing to give up the vacant units just so that we can support their opening. We believe in the vision that Dr. Braxton has put together for the Rhythm Room which I believe should bring a lot of value to the Center, the community, for bringing live entertainment as well as a very unique restaurant to the community. So, we are doing our best to work with the POA to resolve this parking issue and we are willing to, for the time being, put a pause on leasing any additional vacancies we have now to give up those credit units to the Rhythm Room. So, with that, we are fully supportive of this initiative. Mr. Ram Surenderen greeted those on the dais and made the following statement. I am the architect for this project and I’ve been working with Dr. Braxton in developing this concept for more than a year now and it’s a very unique concept and very beautifully situated. I’ve done a few restaurants in the Peninsula Town Center, but this one seems to really unite the community in a lot of different ways, including music and food. So, that is my recommendation and I would love for this Rhythm Room to be established here. Mayor Tuck invited the applicant to come forward to speak. Dr. Gregory Braxton, the applicant, greeted those on the dais and made the following statement: I appreciate the time to come and tell you a little bit about the Rhythm Room and my vision. I’m retired Air Force, here at Langley Air Force Base. My daughter went to Kecoughtan (High School) as well as my son in Syms Middle School, so some of you look very familiar from those days. I find myself, pretty much, making Hampton my home. With that, I’ve picked up a hobby, which was karaoke, and I found out that it’s a lot of talent here in Hampton Roads. Here in Hampton, specifically, but unless they are in a band, they don’t have any outlets to showcase their talents. With me, with Goodtime Karaoke in the Rhythm Room, everybody’s a star for at least 15 minutes or at least for three minutes when they get up there on that stage. I treat everybody like they are a star. It’s not your average karaoke where they grab the mic, get drunk and sing. No, I have lights, I have smoke, so they feel like they are at the Hampton Coliseum. That is the vision that I have for that. Because of that, I’ve accumulated a nice following and they just can’t wait until this happens, but, I said karaoke isn’t enough. What else do we have here? So, I am catering to the arts, or we are catering to the arts. Spoken Word. (inaudible word) was really popular at one time with Spoken Word here through middle school and through high school. I found there is a large community here in this area. Where do they do it? They have the rec center, some at the youth Page 6City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final center, but this is another forum where they can showcase their talents right here in Hampton. I’ve found a way to give back. Not only that, another thing that I wanted to focus on is the food. The way I grew up, if grandma cooked, everybody came to the house. We can create that family setting. We can have good food, good eating, quality entertainment, not necessarily disco or club scene, but where you can sit back, relax and enjoy conversation, network even, if that’s what you so desire. I was able to be blessed to be able to have a good team and where Mr. Joseph, here, who believed in this vision, and the Peninsula Town Center is a prime location to do it, in the heart of Hampton. That’s what I consider it, right? Everybody comes through there and everybody is waiting for this. So, again, I appreciate your time this evening and your consideration for approving our use for this spot. Thank you. Mayor Tuck opened the floor for additional questions from Council. No further discussion took place. Mayor Tuck closed the public hearing and called for the motion. A motion was made by Councilmember Billy Hobbs and seconded by Councilmember Chris Bowman, that this Use Permit be approved with thirteen (13) conditions. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - PUBLIC COMMENT Ms. Glass read the protocol for the public comment period. Eric Richards greeted those on the dais and made the following statement: I’m a community activist. What I want to talk to you today about was school lunches. So, I’m new to the community and I’m just trying to get involved in helping everyone out. I cleaned up my street. It got dirty again and I cleaned up again. Then somebody else cleaned it up. That was great. It was very disappointing when it got dirty the second time. So, I asked a couple of high schoolers. There was a high school here a few weeks ago, which was great, and unfortunately, I am only 30 years old and unfortunately, it looks like, for the most part, it’s still like when I was in school. You know, like pizzas, cheeseburgers, french fries and things. I called up the schools around here and I only got in touch with a couple of them, but for the most part, I just think that I want to make aware that I think that what they are lacking is a good, multi-vitamin. I did the math as to how many students were in Hampton. I don’t have it on me, but there were like 19,000, something like that, but I’m not sure of that number, but I am sure of the number that um - I looked online at the multivitamins for Page 7City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final a few hours and the best one that I found - actually, they have a pretty good one at the Family Dollar for 5 bucks and in order to give (inaudible word), it takes two pills, so in order to get all the students in Hampton even half of that, just one pill from a multivitamin would come out to about $130,000 a year. I thought that was a lot and I know there’s a deficit, but I saw the Hampton budget and I was like woah - I don’t think anyone should be missing this, and I know deficiencies are - they help you fight colds, but there’s no evidence that they make you increase your test scores. Although, I would think it wouldn’t hurt, it would only have a chance of helping, but I know when I was growing up, I played lots of video games. Everyone, they told me that I was a caveman and my vitamin D was very low and if you’re a young man, you are probably playing Xbox and not getting any sunlight. We don’t really know each other, but you guys, I read the back of everything, what’s inside and it really is hard like vitamins are scattered out there, so I just think that I’m here in the community, I’m new and I’m just broadcasting my voice and I think that this is something you are going to hear about from now on is - Eric Richards, the community activist, believes that the schools should get multivitamins and he is coming to the Council to remind you all and that is all. I’ll see you next time. Bye. Mayor Tuck shared that this topic was brought up at a meeting with the Secretary of Education and also the fact that students receiving improved school lunches may help them become more engaged during the course of the school day. He then asked Ms. Bunting to speak about the school’s ability to purchase vitamins. Ms. Bunting emphasized that this is a School Board matter and while our budget incorporates the school revenues and the broad categorical expenses (personnel, operating and capital), the School Board has the legal authority to make any decisions relative to the operation of the schools. She noted that we (as City staff) can pass on the suggestion to the schools for them to analyze and consider the legal issues associated with that, but Council cannot do anything. She shared that she has a good relationship with School Superintendent Dr. Jeffrey Smith and Council has good relationships with the School Board members and they will share Mr. Richards concern. She noted that the School Board also has regular meetings in the event Mr. Richards would like to attend. Mayor Tuck recognized Delegate A. C. Cordoza who was present at the meeting. GENERAL ITEMS Budget Ordinances Ms. Bunting made the following statement regarding the budget. We are getting ready to enter the final adoption process of the fiscal 2024 budget for the City of Hampton. As I just noted, that incorporates the school budget, but only at a high Page 8City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final level. The actual decisions as it relates to the school budget have been proposed and supported by the School Board after Superintendent Smith’s recommendations. The vote tonight has been proceeded by two public hearings on the budget that were held April 26 and May 3. At our last meeting, each ordinance was introduced and Council conducted initial votes on those budget and appropriation ordinances which all require two readings. For voting tonight, each budget tax and fee ordinance will be voted on separately. By tradition and practice, Council approves the budget ordinances as presented by the City Manager for first reading without amendment and then considers any necessary amendments at this stage. I do want to state publicly, that we do not require any budget amendments tonight, but there have been some changes to the budget that I do want to highlight for the purposes of transparency. All these relate to employee compensation which is budgeted in the retirement and employee benefit departmental budget. Because all of the things I’m going to describe occur in that budget, there is no need to amend it, but I do want the record to reflect the things that we have opted to do since the budget release and my initial recommendation. First off, we talked about implementing a public safety step plan and my initial recommendation was to implement that on July 1st. When we rolled out our step plan as initially envisioned, there were some legitimate concerns raised by members of our public safety team that the approach that was being used which reflected time and tenure versus time with the division overall was producing unintended consequences. I felt that was very legitimate. We wanted to make sure that as we implemented the step system, we did it with integrity and really addressed the issues that we had heard from police and fire employees over the years related to compression. Unfortunately, the first iteration did not accomplish all that we had hoped to do, so we did need to make some modifications to reflect time in division as opposed to time in rank. In doing that, it did increase the cost of the plan to the point that we would not be able to fund it this year without substantial cuts to the budget, but if we implement it on January 1, we will have some onetime expenses and expenses that will be ending after this year that we can shift to cover the full year - the annualized cost of that step plan starting in FY25. We did not want to postpone it in its entirety to 2025, but frankly, we could not afford it all in 2024. This budget that we are asking the Council to adopt tonight will reflect that the 5% general wage increase will be given to all employees, public safety, sworn employees included on July 1 and then the new step plan which reflects time with the division, and I do believe substantially addresses the compression issue, will be put into effect on January 1. When we did that, we also had enough of a savings (if you will) to be able to accomplish what the Council had asked us to do at a prior budget work session which was to find a way to cover 100% of the employee health insurance increase, which is also budgeted in the employee and retirement benefits accounting. We will be also asking, as part of this adoption, for the record to reflect that we will provide 100% coverage of the health insurance premium increases for FY2024. Page 9City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final Ms. Bunting said that those are the only changes being made and there is no need for a specific budget amendment since they all occur in the same departmental accounting unit, however, it was important to make those stipulations clear for the record. Finally, Ms. Bunting noted that the budget ordinances that will be adopted tonight will not be effective until July 1, 2023, or January 1, 2024, in the case of personal property taxes. She reminded the public that this budget does decrease the real estate tax rate by two cents on top of the six-cent reduction from last year. This means that in two years, the rate went from $1.24 to $1.16. In addition, Council adjusted the personal property tax assessment ratio to 93% to account for a still not fully corrected used car value market. Ms. Bunting opened the floor for questions and requests from Council for adjustments. No requests were made and no further discussion took place. 5. 23-0069 Ordinance to Adopt the Tax Rate Applicable to Real Estate and Improvements Thereon in the City of Hampton, Virginia for Fiscal Year 2024 Beginning July 1, 2023 and Ending June 30, 2024 A motion was made by Councilmember Chris Bowman and seconded by Councilmember Hope Harper, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 6. 23-0124 Ordinance to Adopt Tax Rates Applicable to All Classifications of Tangible Personal Property Liable for Such Levy in the City of Hampton, Virginia for the Calendar Year Beginning January 1, 2024 A motion was made by Councilmember Hope Harper and seconded by Councilmember Martha Mugler, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - Page 10City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final 7. 23-0071 Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 33.2, Titled “Stormwater Management,” Article IV, Titled "Service Charges and Revenues,” Section 33.2-35, Titled “Same-Billing, Payment, Interest, Fee and Lien" Stormwater ERU increase 4.27.23Attachments: A motion was made by Councilmember Martha Mugler and seconded by Vice Mayor Jimmy Gray, that this Ordinance-Budget-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 8. 23-0072 Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 30, Titled "Sewers and Sewage Disposal," Article III, Titled "Sewer Use Charges," Section 30-48, Titled "Amount" Sewer User 4.27.23Attachments: A motion was made by Vice Mayor Gray and seconded by Councilmember Hobbs,that this Ordinance-Budget-Coded be approved on second and final reading . The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - Appropriation Ordinances Mayor Tuck stated that Councilwoman Mugler would like to make a statement and a request. Councilwoman Mugler stated: I consulted with the City Attorney because my spouse is the Commissioner of the Revenue for the City of Hampton. As such, in an abundance of caution and to avoid any appearance of impropriety, I am going to recuse myself from all discussion and voting regarding funding to be Page 11City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final budgeted and appropriated to the Commissioner of the Revenue. Accordingly, I request that an item under File 23-0073, the General Fund – Expenses be pulled and voted on as a separate matter, so that I can abstain from voting on the budget and appropriations for the Commissioner of the Revenue. Mayor Tuck asked if any members of Council objected to her request and there were no objections. 23-0146 Motion to separate all expenses included in the General Fund to be budgeted and appropriated for Department Code 140 (Commissioner of the Revenue) for a separate vote. A motion was made by Councilmember Martha Mugler and seconded by Councilmember Steven Brown, to separate all expenses included in the General Fund to be budgeted and appropriated for Department Code 140 (Commissioner of the Revenue) for a separate vote. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 9. 23-0073 PLEASE NOTE THAT THIS ORDINANCE WAS REPLACED BY NON-CODED ORDINANCE NUMBER 1384 (LEGISTAR NUMBER 23-0208) -- Ordinance to Adopt a Budget and Appropriate Monies for the General Fund (City and Schools) of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 General Fund OrdinanceAttachments: A motion was made by Councilmember Steven Brown and seconded by Councilmember Chris Bowman, that the portion of the General Fund expenses to be budgeted and appropriated for Department Code 140 (Commissioner of the Revenue) be approved on second reading. The motion carried by the following vote: Page 12City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs and Mayor Tuck 6 - Abstained: Councilmember Mugler1 - A motion was made by Councilmember Chris Bowman and seconded by Councilmember Hope Harper, to adopt a Budget and Appropriate Monies for the General Fund of the City of Hampton, Virginia (City and Schools) for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024, on second and final reading; other than Department 140 (Commissioner of the Revenue), which was already approved by a separate vote. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 10. 23-0074 Ordinance to Adopt a Budget and Appropriate Monies for the Capital Budget (Capital Projects) Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Capital Budget (Projects) FundAttachments: A motion was made by Councilmember Hope Harper and seconded by Councilmember Martha Mugler, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 11. 23-0075 Ordinance to Adopt a Budget and Appropriate Monies for the Hampton Coliseum/Arts Commission/Hampton VA Aquaplex Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023, and ending June 30, 2024 Hampton Coliseum/Arts Commission/Hampton VA Aquaplex FundAttachments: A motion was made by Councilmember Martha Mugler and seconded by Vice Mayor Jimmy Gray, that this Page 13City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 12. 23-0076 Ordinance to Adopt a Budget and Appropriate Monies for the Hampton Roads Convention Center Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Hampton Roads Convention Center FundAttachments: A motion was made by Vice Mayor Jimmy Gray and seconded by Councilmember Billy Hobbs, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 13. 23-0077 Ordinance to Adopt a Budget and Appropriate Monies for The Hamptons Golf Course Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 The Hamptons Golf Course FundAttachments: A motion was made by Councilmember Billy Hobbs and seconded by Councilmember Steven Brown, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 14. 23-0078 Ordinance to Adopt a Budget and Appropriate Monies for the Woodlands Golf Course Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Woodlands Golf Course FundAttachments: A motion was made by Councilmember Steven Brown and Page 14City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final seconded by Councilmember Chris Bowman, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 15. 23-0079 Ordinance to Adopt a Budget and Appropriate Monies for the Fleet Services Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Fleet Services FundAttachments: A motion was made by Councilmember Chris Bowman and seconded by Councilmember Hope Harper, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 16. 23-0080 Ordinance to Adopt a Budget and Appropriate Monies for the Fleet Services - Equipment Replacement Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Fleet Services - Equipment Replacement FundAttachments: A motion was made by Councilmember Hope Harper and seconded by Councilmember Martha Mugler, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 17. 23-0081 Ordinance to Adopt a Budget and Appropriate Monies for the Information Technology Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Information Technology FundAttachments: Page 15City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final A motion was made by Councilmember Martha Mugler and seconded by Vice Mayor Jimmy Gray, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 18. 23-0082 Ordinance to Adopt a Budget and Appropriate Monies for the Risk Management Fund (City and Schools) of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Risk Management FundAttachments: A motion was made by Vice Mayor Jimmy Gray and seconded by Councilmember Billy Hobbs, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 19. 23-0083 Ordinance to Adopt a Budget and Appropriate Monies for the Solid Waste Management Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Solid Waste Management FundAttachments: A motion was made by Councilmember Billy Hobbs and seconded by Councilmember Steven Brown, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 20. 23-0084 Ordinance to Adopt a Budget and Appropriate Monies for the Steam Plant Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Page 16City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final Steam Plant FundAttachments: A motion was made by Councilmember Steven Brown and seconded by Councilmember Chris Bowman, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 21. 23-0085 Ordinance to Adopt a Budget and Appropriate Monies for the Stormwater Management Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Stormwater Management FundAttachments: A motion was made by Councilmember Chris Bowman and seconded by Councilmember Hope Harper, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 22. 23-0086 Ordinance to Adopt a Budget and Appropriate Monies for the Wastewater Management Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Wastewater Management FundAttachments: A motion was made by Councilmember Hope Harper and seconded by Councilmember Martha Mugler, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 23. 23-0087 Ordinance to Adopt a Budget and Appropriate Monies for the Community Development Block Grant & HOME Investment Partnership Program Fund of the City of Hampton for Fiscal Year Page 17City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final 2024 beginning July 1, 2023 and ending June 30, 2024 Community Development Block Grant (CDBG) and HOME FundAttachments: A motion was made by Councilmember Martha Mugler and seconded by Vice Mayor Jimmy Gray, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 24. 23-0088 Ordinance to Adopt a Budget and Appropriate Monies for the Economic Development Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Economic Development FundAttachments: A motion was made by Vice Mayor Jimmy Gray and seconded by Councilmember Billy Hobbs, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - 25. 23-0089 Ordinance to Adopt a Budget and Appropriate Monies for the Grant (Federal Grants) Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024 Grant FundAttachments: A motion was made by Councilmember Billy Hobbs and seconded by Councilmember Steven Brown, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - Appointments Page 18City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final 26. 23-0126 Consideration of Appointments to the Board of Zoning Appeals For the record, City Attorney Cheran Ivery emphasized that Council cannot make an appointment to the Board of Zoning Appeals; instead, these are only recommendations and the Circuit Court will make the appointment. A motion was made by Councilwoman Harper that the following individuals be recommended for appointment with the appointments being made by the Hampton Circuit Court: Sean Cummings - unexpired portion of a term to expire on December 31, 2024; Michelle Ferebee - unexpired portion of a term to expire on December 31, 2025; and Melissa Story - unexpired portion of an alternate term until May 31, 2028. The motion carried by the following vote: Aye: Councilmember Bowman, Councilmember Brown, Vice Mayor Gray, Councilmember Harper, Councilmember Hobbs, Councilmember Mugler and Mayor Tuck 7 - REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES Mayor Tuck recognized the staff of the Budget and Finance departments of the City and thanked them for their great work. Mayor Tuck spoke on the topic of transparency and about people writing letters to the editors and communicating in other ways about actions of the Hampton City Council. He spoke specifically about the history of the Aquatics Center. He also referenced that only fifteen to twenty thousand people vote from a population of approximately 134,000 to 137,000 citizens. Mayor Tuck also made a few comments about employee wages and City assessments and also ensured everyone that City leaders want people to live, work, and be happy and successful in Hampton. He asked everyone to keep in mind that all of these things require making changes and investments in the City now, to ensure brighter days for the future. MISCELLANEOUS NEW BUSINESS There were no items of new business. ADJOURNMENT Page 19City of Hampton

May 10, 2023City Council Legislative Session Council Approved Minutes - Final The meeting adjourned at 7:47 p.m. Contact Info: Clerk of Council, 757-727-6315, council@hampton.gov ______________________ Donnie R. Tuck Mayor ______________________ Katherine K. Glass, CMC Clerk of Council Date approved by Council _____________________ Page 20City of Hampton

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30 meeting items captured. The published sources do not prove this is the complete docket.

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  • Agenda item 4.Other meeting itemsapproved - A motion was made by Councilmember Billy Hobbs and seconded by Councilmember Chris Bowman, that this Use Permit be approved with thirteen (13) conditions. The motion carried by the following vote:

    Use Permit by Gregory Braxton, to Permit a Restaurant 3 at 1471 Merchant Lane [LRSN: 13002022]

  • Agenda item 3.Land useapproved - Item approved.

    Approval of the minutes from the special joint meeting of the City Council and Planning Commission of March 16, 2023; and the City Council work sessions of April 12, 2023, and April 26, 2023, the legislative session of April 12, 2023, and the special session of May 3, 2023.

  • Agenda item 26.Land useapproved - A motion was made by Councilwoman Harper that the following individuals be recommended for appointment with the appointments being made by the Hampton Circuit Court: Sean Cummings - unexpired portion of a term to expire on December 31, 2024; Michelle Ferebee - unexpired portion of a term to expire on December 31, 2025; and Melissa Story - unexpired portion of an alternate term until May 31, 2028. The motion carried by the following vote:

    Consideration of Appointments to the Board of Zoning Appeals

  • Agenda item 2.Resolutionsapproved - Item approved.

    Resolution to Accept the Donation of furniture, fixtures, materials, and supplies to create a Maker Space, provide upgrades to study spaces, and provide upgrades to children's spaces, and of changing stations in restrooms with a total value of approximately $35,000 from the Hampton Public Library Foundation for the Hampton Public Library

    $35,000

  • Agenda item 1.Budget and financeapproved - item approved.

    Resolution to Request the Virginia Department of Transportation to Program Traffic Mitigation Efforts on Settlers Landing Road and Mallory Street/I-64 Interchange Project into its Six-Year Improvement Plan; to Amend the City Manager's Council Approved FY2023 Capital Budget to Incorporate the Project; and to Accept and Appropriate $1,210,000 of Hampton Roads Transportation Accountability Commission Funding to the Capital Projects Fund for this Project

    $1,210,000

  • Agenda item 5.Budget and financeapproved - A motion was made by Councilmember Chris Bowman and seconded by Councilmember Hope Harper, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote:

    Ordinance to Adopt the Tax Rate Applicable to Real Estate and Improvements Thereon in the City of Hampton, Virginia for Fiscal Year 2024 Beginning July 1, 2023 and Ending June 30, 2024

  • Agenda item 6.Budget and financeapproved - A motion was made by Councilmember Hope Harper and seconded by Councilmember Martha Mugler, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote:

    Ordinance to Adopt Tax Rates Applicable to All Classifications of Tangible Personal Property Liable for Such Levy in the City of Hampton, Virginia for the Calendar Year Beginning January 1, 2024

  • Agenda item 7.Budget and financeapproved - A motion was made by Councilmember Martha Mugler and seconded by Vice Mayor Jimmy Gray, that this Ordinance-Budget-Coded be approved on second and final reading. The motion carried by the following vote:

    Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 33.2, Titled “Stormwater Management,” Article IV, Titled "Service Charges and Revenues,” Section 33.2-35, Titled “Same-Billing, Payment, Interest, Fee and Lien"

  • Agenda item 8.Ordinancesapproved - A motion was made by Vice Mayor Gray and seconded by Councilmember Hobbs,that this Ordinance-Budget-Coded be approved on second and final reading . The motion carried by the following vote:

    Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 30, Titled "Sewers and Sewage Disposal," Article III, Titled "Sewer Use Charges," Section 30-48, Titled "Amount"

  • Agenda item 9.Budget and financeapproved - A motion was made by Councilmember Steven Brown and seconded by Councilmember Chris Bowman, that the portion of the General Fund expenses to be budgeted and appropriated for Department Code 140 (Commissioner of the Revenue) be approved on second reading. The motion carried by the following vote:

    PLEASE NOTE THAT THIS ORDINANCE WAS REPLACED BY NON-CODED ORDINANCE NUMBER 1384 (LEGISTAR NUMBER 23-0208) -- Ordinance to Adopt a Budget and Appropriate Monies for the General Fund (City and Schools) of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024

  • Agenda item 10.Budget and financeapproved - A motion was made by Councilmember Hope Harper and seconded by Councilmember Martha Mugler, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote:

    Ordinance to Adopt a Budget and Appropriate Monies for the Capital Budget (Capital Projects) Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023 and ending June 30, 2024

  • Agenda item 11.Budget and financeapproved - A motion was made by Councilmember Martha Mugler and seconded by Vice Mayor Jimmy Gray, that this Ordinance-Budget-Non-Coded be approved on second and final reading. The motion carried by the following vote:

    Ordinance to Adopt a Budget and Appropriate Monies for the Hampton Coliseum/Arts Commission/Hampton VA Aquaplex Fund of the City of Hampton for Fiscal Year 2024 beginning July 1, 2023, and ending June 30, 2024

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