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City Council Agendas & Minutes

Regular Meeting

Hampton, VA · September 8, 2010

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Minutes

City of Hampton, VA 22 Lincoln Street Meeting Minutes Hampton, VA 23669 www.hampton.gov City Council Ross A. Kearney, II Christopher G. Stuart Angela Lee Leary Donnie R. Tuck Will Moffett George E. Wallace Molly Joseph Ward, Mayor Staff: Mary Bunting, City Manager Cynthia Hudson, City Attorney Katherine K. Glass, CMC, Clerk of Council Wednesday, September 8, 2010 1:03 PM Council Chambers, 8th Floor, City Hall CALL TO ORDER/ROLL CALL Molly Joseph Ward presided Present: Ross A. Kearney, II, Will Moffett, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace Absent: Angela L. Leary Mayor Ward welcomed everyone to the afternoon meeting. She apologized for the meeting beginning a few minutes late, and stated Councilwoman Leary would not be in attendance because she has the stomach flu. Agenda 1. 10-0403 Briefing from the Virginia Air & Space Center and Request to Support Upgrade to IMAX Theater Ms. Mary Bunting, the City Manager, said Mr. Todd Bridgford, the Executive Director of Virginia Air & Space Center, and Board members Mr. Jimmy Reade Chisman and Mr. John Ishon were present to give a yearend summary of the performance of the Air and Space Center and to discuss their needs to upgrade the IMAX Theater. She said they have undertaken a digital conversion of the IMAX Theater, but the seats are the original seats, and as we are the capital partner for the Air & Space Center, they wanted to address the Council on their needs to look at the seat upgrade as well. She said Mr. Bridgford would give a presentation for the Council and the community on the overall performance of the Air & Space Center, and then we would discuss the capital needs of the facility. Mr. Bridgford thanked the City Manager and Council for the opportunity to share some of the activities of the Virginia Air & Space Center for the past year and the plans they have to go forward for FY11. He said he would explain how the IMAX Theater is a very integral part of this whole plan and how all of these pieces will fall together in reference to the operation of the Virginia Air & Space Center. City of Hampton, VA Page 1 of 12 Printed on 10/14/2010 City Council Meeting Minutes Mr. Bridgford said there are three unique partnerships that everything they do focuses on the Center. He said the City of Hampton owns the project and has been integral with the activities they have and supporting the activities they have ongoing. He explained they have been the NASA Langley official Visitor's Center since opening in 1992, and all of their educational efforts are focused around the stem activities and the natural content that they have incorporated into these programs. He said NASA has been a great partner of theirs since day one and continues to be a big supporter of the museum. He said they have served as Langley Air Force Base Visitor Center since 2000, and signed an Memorandum of Understanding (MOU) with them back just before the Adventures In Flight Gallery opened for the Centennial Flight activities in 2003. He said they are also an integral part of everything that is being done at the Air & Space Center. Mr. Bridgford gave highlights of last year. He said they finished their 15th year operating in the black, and the surpluses all get pumped back into exhibit upgrades and educational upgrades. He said his main goal in running the business is to try to match the expenses up to the available revenues and continue to be current and relevant to what they offer visitors. He said they have had 402,000 visitors for this past year making their eleventh straight year with visitations over 400,000. He said there were an additional 94,000 people that attended the Celebrations by the Bay events this past fiscal year. He noted that since the Blackbeard Festival was held in July, those numbers will show up in our FY11 results. He said the reason they exist is to get the 240,000 children motivated and inspired to pursue careers in math and science. He said 60 percent of those that come through their doors are school-age kids and they are proud that the numbers are as strong as they are. He said visitor surveys conducted this past year consistently show, a 97 percent overall satisfaction rating. Over the years they have received good or excellent ratings, and are pleased that the visitors have received such a positive experience. He said the Science Camps have been very strong and the NASA Educator Resource Center has expanded this past year. These 9,000 people are educators that have been exposed to the programming that is available and information that NASA Langley provides to the schools and where they are a conduit to those educators, as well as doing demonstrations with moon rocks. He said that program has expanded well this past year. He said they have also been recognized as a Virginia Green Attraction. He explained they went through a number of exercises that provide the good stewardship they feel they need to set an example and are pleased that that has been certified this past year. He said in reference to the 400,000 visitors, they have come to a plateau. He said the drop off in FY10 is mainly because the Blackbeard Festival was conducted the first weekend in July. Mr. Bridgford discussed the revenue numbers from this past year. He said about 54 percent of all of the revenues are earned revenues which cover everything from major areas of admissions, exhibit admissions, and program admissions. He further said it is fee-based, contracts with the schools this past year, membership income, the store, the cafe, facility rentals, rides inside the building with the flight simulators, support from NASA Langley and the City of Hampton is about 23 percent which is a very important part of this piece of the whole puzzle that makes the museum work. He said there are also the community event fees that are generated on the street. Mr. Bridgford said one of the biggest challenges this past year was fundraising, and they are pleased that the attendance has held up as well as it has and the revenues have been strong. He said fundraising has been an issue and as we go forward, it will be even tougher to address. City of Hampton, VA Page 2 of 12 Printed on 10/14/2010 City Council Meeting Minutes Mr. Bridgford discussed the $5.3 million in expenses. He said there was $80,000 in surplus this past year. He explained that money was put back into exhibit upgrades. He said 55 percent of everything being done to keep the doors open includes the exhibits, the programs, the costs, the operations, and the maintenance of the facility. He said they have put a tremendous effort into keeping those numbers up. He said the in-kind resources is a unique situation because they have $877,000 in marketing support, and that is the value of the discounted rates that we have with the radio stations, the newspaper and the TV stations, and not only discounted rate but the free exposure. He said we cannot operate that museum without the support of the community, and that is true of any non-profit. He said they’ve had close to a million dollars now for about seven or eight years in a row and it is all part of a function of how much money they pump back into advertising their product as well. He said in reference to the student admissions, about eighty thousand of those are organized groups, and the rest of them are coming in with their parents to see an IMAX film. Eighty-three thousand of these kids come through experiencing a Standard of Learning type program and the camps they do. He said that's some of the strongest student numbers they have had in a number of years, and it grows every year despite the fact the attendance number has flattened out. He said the Science Camp has been a tremendous focus every year and the home schoolers have been a new area of target, as well as focusing on the Girl Scouts, to help them address some of their badges. Mr. Bridgford said about four years ago, they created a separate non-profit 501(c)(3) that qualified for neighborhood assistance tax credits. We are the only museum in the State of Virginia that has taken the effort to have the donations that are given to that separate non-profit, whose sole purpose is to address Title 1 and Head Start kids for the science experience they have at the museum, and those donations qualify for tax credits. He said they have had about $64,000 of actual donations in the past year that were given to that corporation that passed through to the Virginia Air & Space Center to underwrite the experiences those kids have gotten. He said that is a creative way to help that fundraising effort and it has been very successful and those credits have been renewed for this coming year. He said the more problems we have with the economy and the fact that every time they have to raise prices, it carves out a certain group of kids that can't afford to come, this Opportunity Program is more important than ever. He said they intend to put a lot of focus in on underwriting these kids' experiences in the museum. He said the Title 1 kids and Head Start folks are a very strong target market for them. Mr. Bridgford stated some of the activities they have had this past year include the Home School Appreciation Day and the Home school Hubble Day. He said this is a new focus and each one of those events attracted over a thousand kids that are all home schoolers. He said teacher workshops are something we do every year. He said this past August, they created Educative Tuesdays where they had about 500 educators and their guests that were offered free admission to the IMAX to get the educator familiar with all of the education programs and the other programs they have to offer. He said that turned out to be a positive experience. Mr. Bridgford said a museum cannot be run without volunteers. He said 9,600 hours is the subscribed number for the volunteers. He said he did a presentation for the board explaining the challenges with the school contracts. He said the good news is that while there are a lot of challenges in the school system, NASA's Formal Education Office has stepped up to the plate and pumped additional funds into our educational efforts. City of Hampton, VA Page 3 of 12 Printed on 10/14/2010 City Council Meeting Minutes Mr Bridgford said outreach is an area that will be focused on this coming year even more because the schools can't come to them, so they have to go to the schools. He explained one of the programs NASA has developed for this coming year is a Summer of Innovation Program that has been carried into the fall which is geared toward middle school kids and getting them excited about science. Mr. Bridgford discussed the educational partnerships and activities conducted this past year which included a range of different experiences. He said Special Events are a big part of what they do. For example, Yuri's Night where the intent is to get young adults interested in science and NASA's mission in a relaxed environment. He stated some of the other events include Black History Month, the Freedom Days, the Hubble Day and Neighborhood Appreciation Days. He said York County and Newport News have both also supported the museum in their own ways over the years. He said they are pleased with the different areas where the community has been supportive of their mission. Mr. Bridgford said having traveling exhibits, for example Alien’s Earth, is a strategy to try to keep people coming back to the museum. He said in trying to maintain attendance, they change IMAX films during the course of the year and show educational films in the morning and Hollywood films at night. He said it is a good revenue generator and supports the admission of the museum. Mr. Bridgford said the number of subscribers has increased to 19,000. He said email and Facebook subscribers have increased. He said this is really needed in order to make everything that they are doing available to the public and in order to make sure people are aware of what they are doing. Mr. Bridgford said one of the big accomplishments this past year in keeping their attendance number up was the roof being completed. He said they also brought Downtown Hampton on Ice back. He said the numbers are back up to where they need to be, so that has worked out well for us. He said Celebrations by the Bay has been a great extension to their marketing efforts to get more people downtown and exposed to the building and their educational efforts, while at the same time creating revenue to support the operations of the museum. Mr. Bridgford said the Great Pumpkin Fall Fling, the Carousel Park, Haunting of Hampton, a concert on Halloween, the tree lighting, and the Summer Street Fest have all been successful. He said they are trying to help merchants and get them exposed to the museum at the same time. He said this year, the Downtown Hampton Development Partnership has supported a different concept for the Farmer's Market to a Downtown Hampton Marketplace which has been very well attended. Mr. Bridgford said next year, they want to match up these expenses to the revenues and make sure that they have a positive surplus. He said they can do this by keeping the traveling exhibits and the IMAX Theater which is critical to getting families in there on a recurring basis and expanding educational programs with the focus they have and the support they have received from NASA's Formal Education Office. Mr. Bridgford said they want to make sure visitor surveys stay high enforcing that they are doing the right thing because people are happy with the product. City of Hampton, VA Page 4 of 12 Printed on 10/14/2010 City Council Meeting Minutes Mr. Bridgford said the strategic plan is up for renewal again in 2011. Mr. Bridgford said there is an F15 at Langley which has their name on it and it is being refurbished. He said right now, the intent is to put it on the front corner of the building at Queen Street and Settlers Landing Road. He said they are going through that engineering exercise and hopefully will be able to put that to bed in the next six months. Mr. Bridgford reviewed the exhibits, upcoming films and events for next year. Mr. Bridgford said the IMAX Corporation has created a strategy to upgrade commercial theaters to an IMAX system and have had deals with all of the major players, for example the Hampton AMC is probably the last one of the hundred theaters that actually took an auditorium and converted it to a digital system. He said referring to the institutional side of things, a museum IMAX is referred to as institutional because the IMAX industry, which is the bread and butter of IMAX, has sat back, waiting for the technology to get to the point where these digital systems can fill up these big screens. He explained, until this year, they haven't had the ability to do that. He said the obvious reasons to go digital is the high cost of prints. He said now that they have a handle on the commercial market, they have addressed the institutional museum IMAX arena and have improved the projection system. He stated there are 180 museum IMAXs in the United States, and they are one of the first four that will actually do this upgrade. He said they are going to be the first museum IMAX Theater in the country to complete the upgrade and open on September 24th, the rest will open in October at some point. He said this reassures them that they are going to be able to show these films on a monthly basis. He said they will be able to show live broadcasts, so it will be a big deal. He said along with this upgrade, there's a chance now to take care of the seats and carpeting. He said they are taking all of the seats out and replacing them with high-back chairs with cup holders. He said when we open on September 24th, it will be a new theater. Mr. Bridgford said his request to Council is to help with that cause. He explained that the price on the table is $50,000 to help with the seating and carpeting. He said they have raised prices to try to cover the cost of the digital system. He said IMAX is financing the upgrade over a couple of years. He said he is paying half the price of anybody else that opened up. IMAX quoted $340,000 for the digital upgrade, but now they are quoting museums upgrades at $750,000. Mr. Bridgford reiterated that this is an opportunity because the market and economy isn't great, but it is one of the things necessary to stay in business. He said he would appreciate whatever consideration and help Council can give. Mayor Ward thanked Mr. Bridgford for the presentation and asked Council if they had any questions. Councilman Tuck stated he wanted to understand the relationship between the City of Hampton and the Air & Space Center. He said the Mayor mentioned that we are a capital partner. He asked in reference to the FY10 revenue, how the revenue sources compared with previous years. Mr. Bridgford stated hopefully they will have more Hollywood products available and right now they may open up one film every two or three months. He said with the new system, hopefully they will open at a minimum, once a month. He said there should be City of Hampton, VA Page 5 of 12 Printed on 10/14/2010 City Council Meeting Minutes increased revenues just from increased product, but we are more concerned about losing revenue. Councilman Tuck said perhaps he asked the wrong question. He said he was not just focused on IMAX. He said the presentation was overall. He asked if he was only supposed to be asking questions about IMAX. Mayor Ward stated Council could ask questions about anything, but the funding request is only relative to the seats for the IMAX theatre. Councilman Tuck said he was trying to get a sense of whether or not there are other partners and other sources of revenue where this money could come from. Mr. Bridgford said they have tapped the corporate partners for sponsorships of educational programs and the partners are currently supporting educational efforts and one of the last things he would want to do is go to a private sector corporation, a business that currently supports them, because there is only so much money in the marketplace. He said he would not want to divert money from education into a capital item like the IMAX, which would be taking money out of one hand and shifting it to the other. He said NASA has come up with some funds. He said they have some yearend excess funds that were available at NASA Langley, and they have kicked in $70,000 for this upgrade. He said they appreciate NASA's support, and NASA has done their part. He said this is why they went the price increase route, and the earned revenue route, as opposed to looking for private sector support for this upgrade or for the seats. He said this is a small piece to a $400,000 project. Councilman Tuck asked if they had thought about selling naming rights to the theater. Mr. Bridgford stated the IMAX Theater is already being supported by Riverside Hospital and Riverside already has the naming rights, and it supports the theater in a big way on an annual basis. Councilman Tuck asked how much are these Hollywood, commercial films? Mr. Bridgford said they are a percent of revenue. He explained there are no upfront costs to them, and they pay 65 percent of gross for the first two weeks, and then it tiers down every two weeks about 5 percent. Councilman Tuck asked what would be 65 percent of gross? He asked for a figure that they would pay for some of these films. Mr. Bridgford said the IMAX Theater last year grossed $400,000. In total, 60 percent of that number, $240,000, or whatever it is, is probably all royalties going back into the system. He said this means they will net somewhere in the two fifty range, and from there, they have operating costs. He said out of that $5.4 million, $400,000 is a big profit, and it contributes quite a bit to the center. Councilman Tuck asked if Mr. Bridgford had approached Newport News or York County about any kind of assistance for the IMAX Theater. City of Hampton, VA Page 6 of 12 Printed on 10/14/2010 City Council Meeting Minutes Mr. Bridgford stated they are just finishing capital support for our Space Quest Gallery campaign. He said Newport News paid their capital pledge off last year, and York County is in their last year of support, so they are already getting support from both of them. He said with the economic climate, he would not want to ask for more money at this time when they are already paying for exhibit upgrades. Councilman Tuck asked how much the roof replacement cost. Mr. Bridgford said the City paid for that, so he was not sure what that number finally ended up being. The City Attorney said the roof replacement was $4.3 million. Mr. Pete Peterson, Assistant City Manager, confirmed $4.3 million. Councilman Stuart said it appears to him that the digital upgrade is putting the most absolute cutting-edge technology into your IMAX, so in a way, you have to upgrade. He said it is like putting a top flight engine in a '64 DeSoto but not changing anything else. He said for example, when you go to the AMC Theater to watch a film like these, what is the expectation of a customer at AMC, and what type of seat are they sitting in? Mr. Bridgford stated his personal opinion, even though IMAX Corporation doesn't want to distinguish between commercial theaters and museum theaters, is that the differences in those experiences are not only the size of the screen, but also the line of sight. He explained that there are certain design requirements for an IMAX theater and in commercial theaters, such as AMCs, you are really not catching the immersive experience that you would in the museum in a film. In response to Councilman Stuart’s question if these are the original seats that are being replaced, Mr. Bridgford stated yes, these are the original seats. Councilman Stuart asked if the seats originally were designed for people to view a 40- minute African safari-type video rather than a three hour movie. He said, from a comfort standpoint, to not upgrade the other half would, again, be like putting a 2010 engine in a '64 DeSoto. Mr. Bridgford stated that is correct. He also said other things such as cup holders, need to be addressed in order to create comfort. Councilman Stuart said his experience with the Air and Space Center while serving on the Board, was even when the economy tanked, the theater was essentially in the black. He said decisions were made that were necessary to ensure that the public's trusts were protected and that our funds were being wisely invested. Councilman Kearney stated he had spoken with Mr. Bridgford about this in the past. He said he would like for the public to know when the IMAX Theater was first put into the museum, there was a promise made by IMAX there wouldn't be another theater with IMAX within a certain distance. He said he was surprised when AMC got the IMAX and he thought that they had betrayed the contract originally set with the City of Hampton. He asked Mr. Bridgford to address that issue. City of Hampton, VA Page 7 of 12 Printed on 10/14/2010 City Council Meeting Minutes Mr. Bridgford stated the most recent upgrade was in the 2002, 2003 timeframe, when they went from 2D to 3D, and extended the capacity out to show these feature-length films. He said that contract addressed a five-year market restriction. He explained five years is up and year six was approximately the time AMC opened that theater. He stated we were able to capture five years on that restriction, but that is it. Councilman Kearney said Mr. Bridgford mentioned earlier that the experience in the AMC is nowhere near the experience people get in the Air & Space Museum. Mr. Bridgford stated Councilman Kearney was correct. The City Manager stated she could attest to the difference in the IMAX experience at the Air & Space Center versus the AMC or any other commercial theater. She said the immersion you get with the larger screen and the line of sight is a totally different experience; however, the IMAX Theater is a large source of revenue for the Air & Space Center and it is a source of revenue that we cannot take for granted. She said we need to ensure that we remain in a competitive position to have that revenue continue. She said the way she looks at this is that this is a one-time capital request that is designed to ensure that we maintain that competitive position. She explained we did scale back on the funding for the Air & Space Center as part of our budget process that was annual recurring revenue. She said she does worry about not maintaining the competitive position of the IMAX Theater and what that could potentially cause in terms of the annual upgrading need of the Air & Space Center should that revenue be diminished in any way. She said although we try to be judicious and very careful in our capital planning with the Air & Space Center for which we are the largest capital partner, we built the facility and we have been responsible for the major maintenance upgrades for the facility. We try to schedule those out at appropriate times and work with our bond capacity. She said she sees the wisdom in the timing of this request and believes it is imperative that they make the upgrades in the seating to continue to support that revenue coming in for the commercial film experience. She said she fears if they do not, even though the immersion experience is a better experience for a moviegoer, the moviegoer will opt for the comfort of the seat for the long film experience that Councilman Stuart was alluding to. She said the Air & Space Center recently completed the repayment on the loan that they had asked us to give them for the ice rink, which means we recently received $25,000 into our coffers that we had not budgeted. She said looking at reinvesting that $25,000, what we would be looking at potentially is another $25,000. She said we would look to see if we have some excess balances in the capital projects to reallocate or we could go to contingency for that. The City Manager said, on balance, it is a question of do you protect the annual revenue income that they receive from the IMAX Theater, and if we don't, what requests might they need to make of the City in the future that are more substantial and on a recurring basis as opposed to the one-time capital investment that they are seeking at this time. Mayor Ward asked Council what was their pleasure. She asked if they wanted to take this under advisement or if they wanted to try to vote on it today. In response to Councilman Tuck, Mr. Bridgford confirmed that the seats have already been removed. City of Hampton, VA Page 8 of 12 Printed on 10/14/2010 City Council Meeting Minutes Councilman Stuart made a motion to vote on approval of the funds. Vice Mayor Wallace said sometimes people forget that this is an anchor for our downtown investment. He said everyone is familiar with the phrase "dinner and a movie". He said this is an asset to the restaurants downtown because people get their meals here, then go see a movie. He said he would endorse the process of going ahead and taking a vote on this action now, and if it is appropriate, he would also move that we make the donation of $50,000 for seating at the IMAX Theater. Ms. Hudson said it was her hearing that Vice Mayor Wallace made the motion. Ms. Katherine Glass, Clerk of Council, said there is a motion on the floor by Councilman Stuart to vote today to approve the funding request which was seconded by Vice Mayor Wallace. Mr. Bridgford introduced two of the Board members present, Mr. Chisman and Mr. Ishon. Mayor Ward thanked Mr. Bridgford for the presentation and thanked Mr. Chisman and Mr. Ishon for attending the meeting. PRESENTED by Todd C. Bridgford, Executive Director/CEO of the Virginia Air & Space Center. He was accompanied by Jimmy Reade Chisman and John Ishon of the Center's Board of Directors. MOVED TO vote today to approve the funding request for seating. Motion made by: Councilmember Christopher G. Stuart Seconded by: Vice Mayor George E. Wallace Aye: 5 - Ross A. Kearney, II, Will Moffett, Christopher G. Stuart, George E. Wallace, Molly Joseph Ward Nay: 1 - Donnie R. Tuck Absent: Angela Lee Leary Regional Issues/New Business Mayor Ward asked if anyone had any Regional Issues or New Business. No one had any Regional Issues or New business to discuss. Closed Meeting 2. 10-0375 Closed session as provided in Virginia Code Section 2.2-3711.A.1, 3 and 7 APPROVED Motion made by: Councilmember Ross A. Kearney, II Seconded by: Vice Mayor George E. Wallace Ayes: 6 - Ross A. Kearney, II, Will Moffett, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Molly Joseph Ward Nays: 0 Absent: Angela Lee Leary City of Hampton, VA Page 9 of 12 Printed on 10/14/2010 City Council Meeting Minutes . 10-0377 to discuss the disposition of property by lease in the North King Street Corridor and disposition of property in Coliseum Central where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the city NO ACTION REQUIRED . 10-0396 to consult with legal counsel employed by the city regarding specific legal matters pertaining to regulation of noise, cemeteries, wetlands, federal areas and zoning regulations, and requiring the advice of such counsel. NO ACTION REQUIRED . 10-0330 to consider an appointment to the Board of Directors of the Virginia Air & Space Center NO ACTION REQUIRED . 10-0381 to appoint an official delegate, delegate alternate, and staff assistant to the urban section of the Virginia Municipal League NO ACTION REQUIRED . 10-0398 to consider the appointment of Hampton's voting delegate and alternate to the National League of Cities (NLC) Annual Business Meeting NO ACTION REQUIRED . 10-0399 to consider a Council appointment to the Hampton Military History Foundation NO ACTION REQUIRED . 10-0400 to consider an appointment to the Planning Commission NO ACTION REQUIRED . 10-0401 to consider an appointment to the Finance Committee NO ACTION REQUIRED . 10-0402 to consider appointments to the Shoreline and Waterways Management Project Steering Committee NO ACTION REQUIRED Certification 3. 10-0376 Resolution Certifying Closed Session City of Hampton, VA Page 10 of 12 Printed on 10/14/2010 City Council Meeting Minutes WHEREAS, the City Council of the City of Hampton, Virginia, has convened a closed session on this date pursuant to an affirmative recorded vote made in accordance with the provisions of the Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712D of the Code of Virginia requires a certification by the City Council of the City of Hampton, Virginia, that such closed meeting was conducted in conformity with Virginia Law; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton, Virginia, hereby certifies that, to the best of each member’s knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed session to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered by the city council of the city of Hampton, Virginia. ADOPTED Motion made by: Councilmember Will Moffett Seconded by: Vice Mayor George E. Wallace Ayes: 6 - Ross A. Kearney, II, Will Moffett, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Molly Joseph Ward Nays: 0 Absent: Angela Lee Leary Following the certification of the closed session, Councilman Tuck inquired as to the protocol concerning votes by Council during the afternoon session. Ms. Cynthia Hudson, City Attorney, stated that while it was not typical for votes to be taken during the afternoon work session of Council, it also isn’t improper. Mayor Ward stated that the item concerning funding for seating at the Virginia Air & Space Center could have been addressed by the City Manager. She additionally stated that had the matter appeared on the evening agenda, it would not have required a public hearing with citizen comment. Councilman Kearney shared that one of the reasons Council began televising the afternoon work sessions was so that citizens are able to see when Council gives the Manager guidance on issues which don’t actually require a vote. Ms. Bunting shared with Council that she was recently notified that the Hampton Roads Military and Federal Facilities Alliance (HRMFFA) has hired a new Executive Director, Rear Admiral Craig Quigley. She elaborated that during this budget cycle, Hampton reduced the contribution to HRMFFA due to a lack of faith in the leadership of HRMFFA. HRMFFA has now asked that Hampton consider restoring the funding level and the City Manager will be looking into whether this should be done. The situation has changed in that the current Mayor was previously the Co-Chair of the Alliance and currently serves as Vice-Chair. Mr. Will Sessoms, Mayor of Virginia Beach, is currently serving as the Chairman and Hampton’s Mayor, Ms. Molly Ward, will serve as Chair next year. Mayors Sessoms and Ward requested the resignation of Frank Roberts, the former Executive Director of HRMFFA, and they participated in the interviews of five great candidates. Adm. Quiqley is the Communications Officer for the Joint Forces Command and is well- suited to assume the leadership of HRMFFA. His experience includes work at the Pentagon and he has high-level connections. Hampton is currently the only participating City of Hampton, VA Page 11 of 12 Printed on 10/14/2010 City Council Meeting Minutes locality that is not contributing a full share. Mayor Ward shared that she had expressed to the other participants that, with a leader that had her faith and would focus on the mission of HRMFFA, she would ask the City Manager to consider restoring Hampton’s contribution to the full share. That is now their expectation. The number is in the neighborhood of $25,000. All jurisdictions did a 5% reduction last year but Hampton’s cut was more substantial based upon the lack of confidence in leadership. Ms. Bunting reminded Council of the work to be done in developing a Council policy manual. Staff had requested available dates and finding one that worked for the entire group proved difficult. She suggested that Council could perhaps convene early on September 22nd since Wednesdays are typically reserved for meetings of Council. She suggested a start time of 10 a.m. and indicated that staff would get a draft document to Council in advance of the meeting. She also shared that the topic doesn’t lend itself to a televised session and that perhaps it will be scheduled for the Lawson Conference Room with the door open. It is the City Manager’s opinion that the conversation which needs to take place, if done in Council Chambers, won’t have the collegiality the project requires to be successful. Councilman Tuck asked the Clerk of Council how a vote is recorded if a member is excused from a meeting. Ms. Katherine Glass, Clerk of Council, stated that the votes recorded are aye, nay, abstain or out. Councilman Kearney brought up the issue of the Hellmer property which is in Phoebus on Mallory Street approaching the interstate and behind the McDonald’s. He shared that the City sold the property for development some time ago but nothing has happened; it remains vacant; and he wants the property back within the City’s ownership. He expressed that this is what happens when land is sold based on a promise to develop and the community expects something that doesn’t occur which leads to disappointment and a potential eyesore. He stated his desire for a policy that when land is sold by the City for development, that a ‘start by’ date is required as a term of the sale. The meeting adjourned at 4:26 p.m. ___________________ Molly Joseph Ward Mayor ______________________ Katherine K. Glass, CMC Clerk of Council Date approved by Council _____________________ City of Hampton, VA Page 12 of 12 Printed on 10/14/2010

Agenda

City of Hampton, VA 22 Lincoln Street Hampton, VA 23669 www.hampton.gov Council Agenda Wednesday, September 08, 2010 1:00 PM Council Chambers, 8th Floor, City Hall City Council Ross A. Kearney, II, Angela Lee Leary, Will Moffett, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Molly Joseph Ward, Mayor Staff: Mary Bunting, City Manager Cynthia Hudson, City Attorney Katherine K. Glass, CMC, Clerk of Council Last Published: 9/1/2010 4:41:05 PM CALL TO ORDER AGENDA 1. 10-0403 Briefing from the Virginia Air & Space Center and Request to Support Upgrade to IMAX Theater REGIONAL ISSUES NEW BUSINESS CLOSED MEETING 2. 10-0375 Closed session as provided in Virginia Code Section 2.2-3711.A.1, 3 and 7 10-0377 to discuss the disposition of property by lease in the North King Street Corridor and disposition of property in Coliseum Central where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the city 10-0396 to consult with legal counsel employed by the city regarding specific legal matters pertaining to regulation of noise, cemeteries, wetlands, federal areas and zoning regulations, and requiring the advice of such counsel. 10-0330 to consider an appointment to the Board of Directors of the Virginia Air & Space Center 10-0381 to appoint an official delegate, delegate alternate, and staff assistant to the urban section of the Virginia Municipal League 10-0398 to consider the appointment of Hampton's voting delegate and alternate to the National League of Cities (NLC) Annual Business Meeting 10-0399 to consider a Council appointment to the Hampton Military History Foundation 10-0400 to consider an appointment to the Planning Commission 10-0401 to consider an appointment to the Finance Committee 10-0402 to consider appointments to the Shoreline and Waterways Management Project Steering Committee City of Hampton, VA Page 2 Printed on 9/1/2010 City Council Council Agenda Wednesday, September 08, 2010 CERTIFICATION 3. 10-0376 Resolution Certifying Closed Session Contact Info: Clerk of Council, 757-727-6315, council@hampton.gov City of Hampton, VA Page 3 Printed on 9/1/2010

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