Last Publish on 5/24/2007 11:38:19 AM
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, May 23, 2007
7:29:28 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
  The Mayor relayed that Councilman Spencer is out of town.

Mayor Kearney welcomed several Boy Scouts to the meeting.

Councilman Tignor indicated that Council will hold a special meeting on June 13, 2007, at 7:30 p.m. specifically on the pending Transportation Authority.
INVOCATION - Charles N. Sapp
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items - First Reading
1.07-0271AN ORDINANCE TO AMEND AND REENACT CHAPTER 32.1, SECTION 32.1-40 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA
ACTION: Moved to waive second reading of consent agenda item #1.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Moved to approve consent agenda item #1 on first and final reading.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
2.07-0296AN ORDINANCE TO AMEND CHAPTER 5, SECTION 5-42, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "ANIMALS."
ACTION: Moved to waive second reading on consent agenda item #2.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to approve consent agenda item #2 on first and final reading.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
3.07-0288Resolution Designating RevQ, a Columbia Ultimate Company, as the Only Source Practically Available for Collections Software Designed Specifically for Government Use.
ACTION: Moved to approve consent agenda items 3, 5, 6, 7 and 8.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
4.07-0298Resolution Authorizing the Appropriation of $81,082.16 from the Economic Development Fund to the Industrial Development Authority for the Payment of a Real Estate Commission.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
5.07-0300Resolution Appropriating $110,000 from General Fund Balance for the Design and Installation of a Power Supply and Lighting System for the Fort Wool Flagpole Project, and for Other Related Project Expenses - Fort Wool Flagpole Installlation/Power Supply for Nighttime Illumination Engineering Services Project No.05-043
ACTION: Moved to approve consent agenda items 3, 5, 6, 7 and 8.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
6.07-0302Resolution Appropriating $125,000.00 from Storm Water Fund Balance for Consultant Services to Assess the Flooding and Shoaling Problems in the Back River - Back River Flooding and Shoaling - Engineering Services Project No. 07-046.
ACTION: Moved to approve consent agenda items 3, 5, 6, 7 and 8.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
7.07-0307A Resolution Designating Cherry, Bekaert & Holland, LLP as the Independent Auditor of the City of Hampton, Virginia, for the Fiscal Years Ending June 30, 2007, 2008, and 2009 and Authorizing the City Manager to Execute a Contract with Cherry, Bekaert & Holland, LLP.
ACTION: Moved to approve consent agenda items 3, 5, 6, 7 and 8.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
8.07-0308Approval of Minutes from Special Council Meeting, Afternoon Session and Evening Session of April 25, 2007.
ACTION: Moved to approve consent agenda items 3, 5, 6, 7 and 8.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
9.07-0252Proclaiming June 21, 2007 as Go Skateboarding Day in the City of Hampton.
ACTION: Presented by Vice Mayor Gilliland to Mike and Kathy Monteith of Mike's Surf Shop. They were accompanied by Kyle Valzone and Ed Pels.
10.07-0289Proclamation noting May, 2007 as Teen Pregnancy Prevention Month
ACTION: Presented by Councilman Tignor to Linda Scott-Stone, RN, Public Health Nurse. Ms. Scott-Stone was accompanied by a member of the Task Force, Lillian Dalton.
11.07-0290Public Works Week - May 21-25, 2007
ACTION: Presented by Councilwoman Leary to John Veneziano, Director of Public Works. Mr. Veneziano was accompanied by Robert Isom, Reliability/Infiltration Technician with Wastewater Management; Robert Currier (AKA Wildman), Carpenter/Maintenance Mechanic with Facilities Management; Frank Taylor, Equipment Operator IV, with Streets and Roads; Larry Sanders, Infrastructure Construction Project Leader with Streets and Roads; and Cynthia Yager, Infrastructure Construction Project Leader with Streets and Roads.
12.07-0291Presentation to Valedictorians and Salutatorians from the Four High Schools in Hampton
ACTION: Presented by Councilman Sapp and Councilman Tignor who were assisted by Dr. Patrick Russo, Superintendent to:

Jenna Ryan, Valedictorian, and Quadeisha Heckstall, Salutatorian, of Bethel High School. Principal John Bailey was also present.

Antony Vo, Valedictorian, and Stan Pokras, Salutatorian, of Hampton High School. Principal Myra Chambers was also present.

Alan and Karen Keller on behalf of their daughter, Lisa Keller, Valedictorian, and Kyle Ames, Salutatorian, of Kecoughtan High School. Principal Arnold Baker was also present.

Yana Kupke, Valedictorian, and Samantha Notti, Salutatorian, of Phoebus High School. Miss Kupke and Miss Notti could not be present but Principal Michael Cromartie accepted on their behalf.


13.07-0301Recognition of City of Hampton Human Resources Logo Contest Winner and Participants.
ACTION: Presented by Councilman Washington to the contest winner, Evan Hoffman of Kecoughtan High School. Michael Bass, a participant, was also recognized.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
14.07-0034Rezoning Application No.1242 by Southeastern Capital Investments L.L.C to rezone approximately 4+/- acres located at the northwest corner of the Magruder Boulevard and Semple Farm Road intersection from One-Family Residence District (R-11) to Multiple-Dwelling Residence District (MD-3) for up to 48 apartments.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
15.07-0292Rezoning Application No.1224-D by the City of Hampton to rezone 5.69+/- acres from Special Public Interest - Buckroe (SPI-B) District to Special Public Interest – Public Land (SPI-PL) District to expand Buckroe Park.
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
16.07-0293Zoning Ordinance Amendment to amend the boundaries of the Special Public Interest – Buckroe District (SPI-B) for the expansion of Buckroe Park.
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
17.07-0304Rezoning Application No. 1240 is a request by the City of Hampton to rezone 84.01± acres at 100 Grundland Drive from One Family Residence (R-33) District to Special Public-Interest Public Land (SPI-PL) District. [LRSN: 10000604]
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
18.07-0305Rezoning Application No.1248 is a request by Marlyn Development and the Catholic Diocese of Richmond to amend the proffered conditions on 4.92+/- acres of property zoned Multiple Dwelling (MD-4) District at 211 Marcella Road. [LRSN 7001537]
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
19.07-0306Rezoning Application No. 1247 by L. M. Sandler and Sons, Inc. to rezone 11.5+/- acres from Limited Commercial District (C-2), Multiple Residence District (R-M), Multi-Dwelling District (MD-4), and One Family Residence District (R-11) to Multi-Dwelling District (MD-4) with nine (9) conditions to allow the development of up to 103 townhouse and stacked townhouse units within the H20 mixed, multi-family residential project in Coliseum Central.
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
Comprehensive Plan Amendment
20.07-0303Community Plan Amendment No. 011-2007: North King Street Corridor Master Plan.
ACTION: Presented by Constance Mason, City Planner.
ACTION: Held Public Hearing - This matter is scheduled for a vote at the June 20, 2007, meeting.
General Items
Ordinances - Second Reading
21.07-0255Zoning Ordinance Amendment by the City of Hampton to amend Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI-CBPD),” of the City of Hampton Zoning Ordinance.
ACTION: Moved to approve the Zoning Ordinance Amendment to amend and re-enact Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI-CBPD),” Sec 17.3-62 “Definitions,” and Sec.17.3-64 “Regulations for Development and Redevelopment;"

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to approve the Zoning Ordinance Amendment to amend and re-enact Article X. “Special Public Interest – Chesapeake Bay Preservation District (SPI-CBPD),” Sec 17.3-63 “Boundaries.”

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
22.07-0259AN ORDINANCE TO AMEND AND REENACT CHAPTER 41.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED “WETLANDS”, EFFECTIVE JULY 1, 2007.
ACTION: Adopted on Second and Final Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
23.07-0258AN ORDINANCE TO AMEND AND REENACT CHAPTER 33.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED “STORMWATER MANAGEMENT” AND TO REPEAL SECTIONS 33.1-13 AND 33.1-18, EFFECTIVE JULY 1, 2007.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Vice Mayor Randall A. Gilliland.
Resolutions
24.07-0312A Resolution to Approve a Memorandum of Agreement Among the Commonwealth of Virginia, the Fort Monroe Federal Area Development Authority (“Fort Monroe FADA”) and the City of Hampton and Authorize the Execution Thereof, and to Provide Limited In-kind Services to Assist the New Fort Monroe FADA
ACTION: Adopted

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
Appointments
25.07-0274to consider an appointment to the Virginia Peninsula Disability Services Board.
ACTION: Reappointed William "Bill" Adams to a term commencing on July 1, 2007, and concluding on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
26.07-0281to consider appointments to the Hampton-Newport News Community Services Board.
ACTION: Reappointed Leroy Branch and Sallie Marchello to three year terms commencing on July 1, 2007, and concluding on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
27.07-0282to consider appointments to the Board of Directors of the Virginia Air & Space Center.
ACTION: Reappointed C. Max Bartholomew, Jr.; Frank A. Edgar; and F. Lewis Wood to terms commencing on July 1, 2007, and concluding on June 30, 2011.

MOVER: Councilmember Rhet Tignor.
28.07-0283to consider seven (7) citizen appointments to the Hampton Redevelopment and Housing Authority.
ACTION: Appointed Eleanor Weston Brown as Chair for a three year term; Tie Coleman for a two year term; Kathleen Gooden for a one year term; Rebecca F. Grossman for a two year term; Will Moffett for a four year term; Louis G. Morris for a five year term; and Len T. Nicholson for a four year term.

MOVER: Councilmember Rhet Tignor.
29.07-0316Motion to Deviate from the Agenda to Add a Matter Making Appointments to the Fort Monroe Federal Area Development Authority
ACTION: Moved to amend the agenda to take up the matter of appointments to the Fort Monroe Federal Area Development Authority.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
30.07-0317Appointments to the Fort Monroe Federal Area Development Authority.
ACTION: Appointed Dr. Wayne Lett and Robert A. Scott, each to a one year term, on the Fort Monroe Federal Area Development Authority to replace John Ishon and Whiting Chisman who resigned effective today.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
Other Items
31.07-0294A Resolution authorizing the execution of an Agreement of Sale for the purchase of 1227 & 1237 Big Bethel Road from Daniel A. Rosinski.
ACTION: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
32.07-0295A Resolution authorizing the execution of an Agreement of Sale for the purchase of 1509 N. Armistead Avenue from Arnold J. and Katherine M. Lorea.
ACTION: Adopted

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
Audiences Granted to the General Public
  Earl Gerringer spoke on his disagreement with the Mayor's manner of handling the three minute time limit granted to speakers under the "Audiences Granted to the General Public" portion of the agenda.

Hugh Bassett expressed his concern over his the increase in his property tax assessment.
Miscellaneous New Business
  Councilwoman Leary indicated that the work being done in the Assessor's Office is still a work in process.
Adjournment