Last Publish on 7/13/2011 8:14:41 PM
City Of Hampton, VA
22 Lincoln Street
Hampton, Va 23669

www.hampton.gov
NOTICE OF ACTION
City Council - Evening Session
Council Chambers, 8th Floor, City Hall
Wednesday, July 13, 2011
6:59:31 PM
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

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Ross A. Kearney, II
  At the invitation of Councilman Kearney, the invocation was given by Pastor Steve Brown.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward shared information on the life of Mary L. Johnson and her contributions to the City of Hampton. Mrs. Johnson passed away earlier today.

Mayor Ward also welcomed Hampton's new Fire Chief, David Layman. The City Manager, Mary Bunting, gave brief biographical information on Chief Layman. Chief Layman gave brief remarks and Ms. Bunting recognized the good work of the interview panel who assisted in the hiring process. Mayor Ward complimented Tracy Hanger on the fine job she did as Interim Chief.
CONSENT AGENDA
Consent Items
1.11-0167Approval of the minutes from the afternoon session of February 23, 2011, the public comment session of April 13, 2011, and the joint meeting with the Planning Commission on June 8, 2011.
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
2.11-0206Resolution Accepting and Appropriating Funds for the Hampton Clean City Commission from the Department of Environmental Quality, the Solid Waste Fund, the Stormwater Fund and the General Fund.
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
3.11-0207Resolution Authorizing the Transfer of Appropriation of $500,000 from the Hampton River Navigational Improvements Project and the Hampton River Side Channels to a New Project for Buckroe Beach Nourishment.
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
4.11-0209Resolution Determining Learning Express, LLC to be the Only Source Practicably Available from which to Procure The Learning Express Library Online Test Database and Authorizing the Negotiation and Execution of a Purchase Contract with Learning Express, LLC as "Sole Source."
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
5.11-0210Resolution Determining Online Computer Library Center, Inc. ("OCLC") to be the Only Source Practicably Available from which to Procure Monthly Usage of Online Services Subscription for the Purpose of Cataloging Library Materials and Resource Sharing with Other Libraries Worldwide and Authorizing the Negotiation and Execution of a Purchase Contract with Online Computer Library Center, Inc. ("OCLC") as "Sole Source."
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
6.11-0213Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2011-2012 Early Intervention Services for Infants and Toddlers with Disabilities and Their Families Contract Amendment, Part C of the Individual With Disabilities Education Act
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
7.11-0219Resolution to Approve Three (3) Encroachment Agreements Between the City of Hampton and Coliseum Central Business Improvement District, Inc. to Allow the Construction, Installation and Maintenance of an Icon Sign, Silk Banner Poles and Associated Landscaping, Irrigation and Lighting at Three City Property Locations: (a) the Corner of Power Plant Parkway and W. Queen Street, (b) the Median at N. Armistead Avenue Near the Home Depot and the I-64 Interchange, and (c) the Median at Mercury Boulevard Near Aberdeen Road and Authorize the Execution of Same.
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
8.11-0220Resolution Adopting Fund Balance Policy for Financial Statement Reporting
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
9.11-0221Resolution Authorizing City Manager to Enter Into Reciprocal Public Safety Mutual Aid Agreements on Behalf of City
ACTION: Approved - Councilman Stuart asked that this matter be removed from the consent agenda which allowed the City Attorney, Cynthia Hudson, to provide some background information on the reason for this item.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Ross A. Kearney, II.
10.11-0231Request for Refund of Erroneous Tax Abatements for 2008, 2009, and 2010.
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
11.11-0232Resolution Authorizing the Grant of a 529 s.f. Encroachment over City Owned Property Known as Wine Street Parking Lot #1 (LRSN 2003047) to Old Point National Bank of Phoebus, N.A. for Two Dumpsters to Support its New Corporate Headquarters to be Located at 101 E. Queens Street
ACTION: Approved items 1 through 8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
12.11-0211Ordinance to amend and re-enact Chapter 22 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Board of Zoning Appeals” by amending section 22-9 pertaining to appeals to the board.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
Conditional Privilege
13.11-0208Conditional Privilege Application No. 119-2011: Proposal by Bethel Temple Church, Inc. to operate a Day Care 3 for up to 100 children at 1705 Todds Lane (LRSN 4002255).
ACTION: Presented by Jeff Conkle, City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved subject to 11 conditions.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Ross A. Kearney, II.
Resolutions
14.11-0233Resolution Authorizing the Grant of (a) a 1,579 sq. ft. Permanent Utility Easement, (b) a 245 sq. ft. Permanent One-Way Egress Easement, and (c) a 6,753sq. ft. Temporary Construction Easement, over City Owned Property Known as Wine Street Parking Lot #1 (LRSN 2003047) to Old Point National Bank of Phoebus, N.A. to Support its New Corporate Headquarters to be Located at 101 E. Queens Street
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
General Items
Ordinances
15.11-0183Ordinance to amend and reenact Chapter 4 of the Code for the City of Hampton, Article II, entitled Public Dance Halls to further define the term “public dance hall”, change the process for obtaining a permit and revocation thereof and repeal exemptions from the permit requirement.
ACTION: Approved as amended - Councilman Moffett suggested an amendment which was read for the record.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Ross A. Kearney, II.
16.11-0185Ordinance to Amend and Reenact Chapter 18.1 Entitled "Licenses" of the Code of the City of Hampton, Virginia, Section 18.1-78 Entitled "Dance Halls".
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Appointments
17.11-0218to consider an appointment to the Animal Control Advisory Board
ACTION: Appointed Tanis Mowery to a three year term which will commence on August 1, 2011, and expire on July 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
18.11-0224to consider appointments to the Hampton Arts Commission.
ACTION: Appointed James J. Dees and Jackie Merritt to three year terms on the Hampton Arts Commission which will commence immediately and expire on June 30, 2014.

MOVER: Councilmember Ross A. Kearney, II.
19.11-0225to consider appointments to the Citizens Unity Commission
ACTION: Appointed Margaret Robinson, Deborah Reese, and Lori Thomas to their first four year terms commencing immediately and expiring on June 30, 2015, and appoint Kyle Adams and Mary Wallace to fulfill the unexpired terms of Donald Miller and Kimberly Hinton which these terms expiring on June 30, 2013, and appoint J. J. Gagne to a four year term succeeding Patricia Lacy commencing immediately and expiring on June 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
20.11-0226to consider appointments to the Hampton Senior Citizens Advisory Committee
ACTION: Appointed Herman Dorsey, Jr. to fulfill the unexpired portion of the term of William Tyrell.

MOVER: Councilmember Ross A. Kearney, II.
21.11-0227to consider an appointment to the Hampton Parking Authority
ACTION: Appointed James Fleetwood to fill the vacancy of Robert Allsbrook which expires on June 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
22.11-0228to consider appointments to the Golf Course Advisory Committee
ACTION: Reappointed Roland White to his second term commencing on September 1, 2011, and expiring on September 30, 2014, and appointed A. G. Womble and Jesse Wallace to initial four year terms commencing on September 1, 2011, and expiring on September 30, 2014.

MOVER: Councilmember Ross A. Kearney, II.
23.11-0229to consider appointments to the Social Services Local Advisory Board
ACTION: Reappointed Christine Woods and Philip Trana to their first full terms on commencing on September 1, 2011, and expiring on September 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The City Manager reminded citizens of the opportunity to comment on the proposed Fort Monroe National Park by attending the community meetings to be held at the Hampton Roads Convention Center on July 19, 2012, at either 2 p.m. or 6:30 p.m.

Citizens may also post comments at: www. parkplanning.nps.gov/fortmonroe

National Park Service
ATTN: Megan Lang
200 Chestnut Street
Philadelphia, PA 19106
Miscellaneous New Business
  Councilwoman Leary stated that Samuel Bryant has written on issues concerning the leash law and wildlife and marine and requested that it be placed on the August 10th agenda.

She stated that the Military Affairs Committee made a request during the afternoon session and relayed that she raised $5,000 for this committee last year which is on deposit with the Parks & Recreation Department in a 501(c)3. She is requesting that the cost of 200-300 coins for 911 be advanced from that fund until she can raise enough money to cover it. Councilwoman Leary also hopes to send trees of hope to New York and Somerset, PA.

Councilwoman Leary thanked the community for their outpouring of support during her radiation treatment.

Vice Mayor Wallace commended the City Manager on her involvement with the Military Affairs Committee with respect to the coin issue.

Councilman Kearney reminded the citizens that they are playing baseball tonight at the beautiful and improved War Memorial Stadium and the Virginia High School League allstar football game will be at Darling Stadium on Friday night.
Adjournment
  The meeting adjourned at 7:48 p.m.