Last Publish on 7/18/2007 6:18:16 PM
City Of Hampton, VA
22 Lincoln Street
Hampton, Va 23669

www.hampton.gov
City Council - Evening Session
Council Chambers, 8th Floor, City Hall
Wednesday, July 18, 2007
7:30 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II, Mayor
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

 CALL TO ORDER/ROLL CALL
 INVOCATION - Rhet Tignor
 PLEDGE OF ALLEGIANCE TO FLAG -
 MAYOR'S COMMENTS
 CONSENT AGENDA
 Consent Items - First Reading
1.07-0383Correction of an Appointment to the Citizens' Unity Commission.
2.07-0384Request for Refunds of Erroneous Tax Assessments
3.07-0386Resolution Appropriating Donations from the Undesignated Fund Balance to the Hampton Division of Fire and Rescue for Donations Received by the Division During FY 06-07.
 Consent Items - Other
4.07-0375Resolution Appropriating $748,593 from the Capital Projects - Miscellaneous Revenue Account for Improvements to Mercury Boulevard in Front of the Peninsula Towne Center Development - Engineering Services Project No. 07-001
5.07-0376Resolution Designating Extra News Inc. as the Only Source Practically Available for the Purchase and Delivery of Daily News Publications for the Hampton Public Library System, including the Main Library and Three Branches.
6.07-0387Resolution Determining Christopher Baker, M.D. to be the Only Source Practicably Available from Which to Procure Services as the Operational Medical Director for the Hampton Division of Fire and Rescue and Authorizing the Negotiation and Execution of a Purchase Contract with Christopher Baker, M.D.
7.07-0390Approval of Minutes from the Afternoon and Evening Council Meetings of June 13, 2007 and June 20, 2007.
8.07-0391Resolution accepting and appropriating funds for the FY2008 Comprehensive Services Act Pools Funds
9.07-0392 A Resolution approving the City of Hampton, Virgina's participation and appropriation of the Public Safety Answering Points (PSAP) Grant Program through the Commonwealth of Virginia, Virginia Wireless E-911 Services Board.
10.07-0393A Resolution approving the City of Hampton, Virgininia's participation and appropriation ofthe Highway Safety Grants Program through the Commonwealth of Virginia, Division of Motor Vehicles.
11.07-0394 A Resolution approving the City of Hampton, Virginia’s participation and appropriation of the Byrne/Justice Assistance Grant-Crime Analysis through the Federal Government, Department of Criminal Justice Services.
12.07-0402Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Law Enforcement Terrorism Prevention Program Grant Through the Department of Criminal Justice Services.
13.07-0404Resolution Rescinding Previous Resolution of May 23, 2007 Appropriating $125,000 from Storm Water Fund Balance to Assess Flooding and Shoaling Problems in Back River (Engineering Services Project No. 07-046) and Instead Appropriating $125,000 from Fund Balance for this Project.
14.07-0406Resolution Approving the Terms of a Cooperation Agreement Between the City Of Hampton and the Hampton Military History Foundation and Authorizing the Execution of the Agreement
15.07-0409Resolution Approving the Location and Major Design Features of the the Big Bethel Road/Old Big Bethel Road Intersection Improvements Project and Granting Authority to the City Manager to Execute a City/State Agreement with the Virginia Department of Transportation for the Project - Engineering Services Project No. 01-003
16.07-0410Authorization to Submit the FY-2007-2008 Hampton Newport News Community Services Board Performance Contract to the State.
17.07-0416Resolution Authorizing the Advance of Up to $1,400,000 from the City’s General Fund to the City’s Capital Project Fund to Fund Strategic Property Acquisition in the Phoebus Area of the City and Declaration of Official Intent to Reimburse the General Fund from Future General Obligation Bond Proceeds
18.07-0417A Resolution Authorizing the Execution and Delivery of an Equipment Lease/Purchase Agreement and Related Instruments, and Determining Other Matters in Connection Therewith (to Finance the Lease Purchase of Golf Carts)
 PRESENTATIONS, PROCLAMATIONS, AWARDS
19.07-0379Presentation of the Government Finance Officers Association Award for Excellence in Financial Reporting in Recognition of the City of Hampton's Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2006.
 REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
20.07-0418Report on Dredging Project Research
 PUBLIC HEARINGS
 Rezonings - Second Reading
21.07-0353Rezoning Application No. 1249 by Beverly Longino to rezone .125 +/- acres at 508 Beach Road (LRSN: 10000323) from Neighborhood Commercial District (C-1) to One-Family Residence District (R-9) for the use of an existing single family home.
 Rezonings - First Readings
22.07-0401Zoning Ordinance Amendment to modify regulations as they relate to hotels, motels and apartment hotels.
 Use Permit
23.07-0385Use Permit Application No. 1027 by Glen Hampton on Behalf of Cingular Wireless, Inc. to Permit a New 135’ Monopole Tower and Associated Compound at 3400 Victoria Boulevard. [LRSN: 1006580]
24.07-0396Use Permit Application No. 1025: by Cingular Wireless to install a 180’ commercial communications tower at the Briarfield Fire Station on 1590 Briarfield Road. The property is zoned One-Family Residence District (R-11) and Heavy Manufacturing District (M-3) which permits a commercial communications tower with an approved Use Permit. [LRSN # 1000275]
 Comprehensive Plan Amendment
25.07-0400Community Plan Amendment 013-2007 by the City of Hampton to amend the Hampton Community Plan (February, 2006) by adopting the proposed Phoebus Master Plan (2007).
 Ordinances - First Readings
26.07-0388AN ORDINANCE TO AMEND THE CODE FOR THE CITY OF HAMPTON, VIRGINIA, BY ADDING THERETO A CHAPTER 13.1 ENTITLED "LAND DISTURBING OPERATIONS".
 Property Dispositions
27.07-0349PUBLIC HEARING regarding the granting of a temporary right of entry to a portion of a City-owned site located at 2315 Victoria Boulevard, known as the “Kenneth Wallace Neighborhood Resource Center” to the Kenneth Wallace Community Development Corporation (CDC) Board pursuant to the authority set forth in §§15.2-1800 and 15.2-2100 of the Code of Virginia of 1950, as amended.
 General Items
 Ordinances
28.07-0335AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 37, ARTICLE III, DIVISION 2 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED "PERSONAL PROPERTY TAXES" BY RENAMING DIVISION 2 AND ESTABLISHING A NEW PART B TO BE KNOWN AS "MOTOR VEHICLES OWNED AND REGULARLY USED BY DISABLED VETERANS.
29.07-0336AN ORDINANCE OF THE CITY OF HAMPTON, VIRGINIA, TO SET THE TAX RATE ON TANGIBLE PERSONAL PROPERTY, VEHICLES WITHOUT MOTIVE POWER USED OR DESIGNED TO BE USED AS MANUFACTURED HOMES, MOTOR VEHICLES SPECIALLY EQUIPPED TO PROVIDE TRANSPORTATION FOR PHYSICALLY HANDICAPPED INDIVIDUALS, MACHINERY AND TOOLS, PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY, PRIVATELY OWNED CAMPING TRAILERS AND MOTOR HOMES AS DEFINED IN SECTION 46.2-100 OF THE CODE OF VIRGINIA, IN THE CITY OF HAMPTON, VIRGINIA, AND MOTOR VEHICLES OWNED AND REGULARLY USED BY DISABLED VETERANS FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008
30.07-0389AN ORDINANCE TO REPEAL CHAPTER 13 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED EXCAVATING, FILLING AND SIMILAR OPERATIONS
31.07-0395AN ORDINANCE TO AMEND AND REENACT CHAPTER 12, SECTION 12-2 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “CENTRAL ABSENTEE VOTER PRECINCT”.
32.07-0405ORDINANCE TO AMEND AND REENACT CHAPTER 7, ENTITLED BOATS, BEACHES AND WATERWAYS, BY AMENDING AND REENACTING SECTION 7-47, REPEALING SECTION 7-48, AND BY ADDING THERETO A NEW SECTION 7-53, ENTITLED PUBLIC BEACH HOURS
33.07-0408ORDINANCE TO AMEND AND REENACT CHAPTER 26, ENTITLED PARKS AND RECREATION SECTIONS 26-3, 26-4, 26-22, 26-28, 26-29, 26-30, 26-33, 26-37; AND TO REPEAL SECTION 26-25.
34.07-0407ORDINANCE TO AMEND AND REENACT CHAPTER 24 ENTITLED "MISCELLANEOUS OFFENSES" BY ADDING THERETO A NEW SECTION 24-50 ENTITLED "AGGRESSIVE SOLICITING"
35.07-0413AN ORDINANCE TO AMEND AND RE-ENACT NON-CODED ORDINANCE NUMBER 1038 SETTING THE TAX RATE ON REAL PROPERTIES IN THE CITY OF HAMPTON, VIRGINIA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2007 AND ENDING JUNE 30, 2008.
 Appointments
36.07-0399to consider appointments to the Animal Control Advisory Board.
 Other Items
37.07-0374Appeal of Denial of Application for Taxi Driver Permit by Albert D. Wilson, Jr.
 Audiences Granted to the General Public
 Miscellaneous New Business
38.07-0420ORDINANCE TO REPEAL NON-CODED ORDINANCE #469 ADOPTED ON JANUARY 8, 1986, PROVIDING FOR PERSONNEL POLICIES, PROCEDURES, AND PROGRAMS IN THE CITY GOVERNMENT, AS AMENDED AND NON-CODED ORDINANCE #873 ADOPTED ON JULY 15, 1998, PROVIDING FOR PERSONNEL POLICIES, PROCEDURES AND PROGRAMS IN THE CITY OF HAMPTON (COMPLETE PERSONNEL MANUAL), AS AMENDED.
 Adjournment