Last Publish on 7/13/2009 1:56:09 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 08, 2009
7:58 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward, Mayor
Staff:
J. B. Oliver, Jr., Interim City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Vice Mayor Joseph H. Spencer, II
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward stated that the Clerk of Council was presented with petitions today from the Buckroe Beach Bayfront Park Committee and the matter will be considered on the August 12, 2009, agenda.

She introduced Mark Griffin, the Co-Chairman of the Hampton Cup Regatta Committee, who shared information on this year's event. He was accompanied by members of the committee. This year's event will take place on August 14, 15 and 16, 2009.
CONSENT AGENDA
Consent Items
1.09-0278Approval of the Minutes from the Afternoon and Evening meetings of June 10, 2009, and the Special meeting of July 1, 2009.
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
2.09-0077Resolution Appropriating FY08 End of Year Savings Funds to Contingency, the Innovations Pool and the Drainage Program.
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
3.09-0271Correction of the Term for Appointments to the Virginia Air and Space Center.
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
4.09-0273Resolution Authorizing the Interim City Manager to Execute a Law Enforcement Mutual Aid Agreement by and between the City of Hampton and Certain Surrounding Localities.
ACTION: Approved - this matter was removed from the consent agenda at the request of Councilwoman Leary. The City Attorney provided additional information.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
5.09-0277Resolution Approving the Vacation of the City's Alley Lying Between Jasmine Street and Lotus Street, and Terminating at its Eastern Intersection with Primrose Street.
ACTION: Approved - this matter was removed from the consent agenda at the request of Councilwoman Leary. The City Attorney provided additional information. This vote was taken in conjection with agenda item #09-0290.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
6.09-0279Resolution to Approve and Appropriate 2010 Aid to locality Funds from the Commonwealth of Virginia, Office of Emergency Medical Services.
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
7.09-0280Resolution to Accept and Appropriate 2009 Aid to Locality Funds from the Commonwealth of Virginia, Department of Fire Programs.
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
8.09-0281Resolution Accepting and Appropriating Funds for the FY2010 Comprehensive Services Act Pool Funds.
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
9.09-0282Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Recovery Act, Edward Byrne Memorial Grant Program (Local-Formula) through the United States Department of Justice, Office of Justice Programs, Bureau of Justice Assistance.
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
10.09-0283Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the Virginia Department of Emergency Management Hazmat Equipment and Training Grant of the 2008 State Homeland Security Program Grant from the National Preparedness Directorate, United State Department of Homeland Security.
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
11.09-0286Resolution of the City of Hampton, Virginia Authorizing the Execution and Delivery of a Master Equipment Lease Purchase Agreement and Related Documents
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
12.09-0289Ordinance to amend and re-enact Chapter 2, Article XVIII of the Code of the City of Hampton, Virginia, entitled "Administration" to change the name to "Office of Media and Community Relations"
ACTION: Approved items 1 through 3 and 6 through 12 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
13.09-0290Resolution Appropriating Community Development Block Grant (CDBG) Indirect Cost Funds to the Capital Projects Fund
ACTION: Approved - this matter was removed from the consent agenda at the request of Councilwoman Leary. This vote was taken in conjection with agenda item #09-0277.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
14.09-0272Presentation of Plaque to City for Hampton's Recertification as a Certified Crime Prevention Community.
ACTION: Presented by Tim Paul of the Department of Criminal Justice Services to Hampton Police Chief Chuck Jordan and representatives of the Hampton Police Department.
PUBLIC HEARINGS
Conditional Privilege
15.09-0291Conditional Privilege Application No. 98 by Peter Pittman on behalf of Tap House Too, Inc. dba The Tap House on Queensway to allow live entertainment at the Tap House Restaurant located at 17 E. Queens Way (LRSN# 2002940).
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
16.09-0292Conditional Privilege Application No. 99 by the Disabled American Veterans-Murray Rhea Peninsula Chapter 6 to expand an existing private club/lodge at 913 Aberdeen Road.[LSRN #3005142]
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
17.09-0293Conditional Privilege Application No. 101 by Cynthia Coyle on behalf of KWK, LLC dba Java Junkies to allow live entertainment at the Java Junkies Coffee Shop located on a 1.10± acre lot at 768 Settlers Landing (LRSN #2003231).
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
General Items
Ordinances
18.09-0267Zoning Ordinance Amendment by the City of Hampton to amend and reenact Chapter 22, “Board of Zoning Appeals”, Section 22-3 “Quorum”, to permit the Board to take action when a majority of those present and voting vote, and to amend Section 22-7 “Powers and Duties” (b) to delete “approaching confiscation” requirement from variance determination factors and the word “use” and add the words “condition” and “situation” to make this section consistent with the state code.
ACTION: Held Public Hearing
ACTION: Approved as amended - The language in subsection 22-7 is approved and the language in subsection 22-3 is postponed indefinitely.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
Appointments
19.09-0261to consider the appointment of an alternate to the Wetlands Board
ACTION: Appointed Laura Burbage as an alternate.

MOVER: Councilmember Angela Lee Leary.
20.09-0262to consider an appointment to the Finance Committee
ACTION: Appointed Michael Graves to a term commencing immediately and expiring on March 31, 2011.

MOVER: Councilmember Angela Lee Leary.
21.09-0263to consider an appointment to the Industrial Development Authority
ACTION: Deferred (8/12/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
22.09-0264to consider appointments to the Hampton Redevelopment and Housing Authority
ACTION: Appointed Eunice James Peele and Fred Bushey for terms commencing immediately and expiring on June 30, 2013.



MOVER: Councilmember Angela Lee Leary.
23.09-0266to consider an appointment to the Purchasing and Procurement Oversight Committee
ACTION: Deferred (8/12/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
24.09-0270to consider an appointment to the Hampton Parking Authority
ACTION: Deferred (8/12/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Linda Counts, Angela Wheeler, Sandra Canepa, Joan Charles, Eddie Deerfield, Trish Ferraro, Cecile Trevathan, Robert Smith, Monna Morsberger, Richard Marshall, Jordan Moore, Robert Bruce Alexander, Iva Miller, Jill Whistler, Adrian Whitcomb, Susan Skelley, Richard Wallace, and Joe Skelly spoke in opposition to development in Buckroe.

Beverly Crandell spoke on the topic of Buckroe and the way community organizations communicate the positions of their members.

Bruce Hoogstraten, Rick Bagley, Larry Cumming, Gregory Lawson spoke in favor of redevelopment in Buckroe.

Frank J. Ottofaro spoke on the taking of his property on Pine Chapel Road.

Hugh Bassette spoke about increasing the use of minority contractors in Hampton and spoke in opposition to development in Buckroe.

James Quiqley spoke on the reacquisition of the XL property and the late notice of the meeting to the public.

Veronica A. Davis spoke on event proposals: Hampton's 400,000 lb. Challenge and a workshop on preventing foreclosure.

Andre McCloud spoke concerning support for the Second Annual Kenny Wallace Fallen Hero Golf Tournament set for Friday, August 21, 2009, at the Hamptons Golf Course.
Miscellaneous New Business
  Councilwoman Leary thanked the community for several things: for flowers left on her front porch, for the well wishes, for the cards and also thanked the citizens who have worked diligently by exercising their Constitional rights. She asked the citizenry to pray for the governing body so that someone will realize that the will of the people is the most important thing we have.
Adjournment