Last Publish on 4/9/2014 8:14:12 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, April 09, 2014
7:01:40 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Chris Snead, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Hobbs
  Councilman Hobbs shared information about the passing of Sariah Winston, the daughter of Officer Mike Winston and his wife Ebony, and asked for a moment of silence in her memory.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.14-0143Approval of the minutes from the afternoon session of December 11, 2013, the Spotlight on Citizens/Public Comment session of February 26, 2014, the evening session of March 12, 2014, and the Spotlight on Citizens/Public Comment session of March 26, 2014.
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
2.14-0142Resolution Requesting Appropriation of Additional Funds to Phoebus Waterfront Improvements Project
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
3.14-0145Resolution Accepting and Appropriating Funds for the FY2015 Comprehensive Services Act Pools Funds
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
4.14-0147Resolution Endorsing AMR, Inc. To Establish An Office In The City Of Hampton To Provide Non-Emergent Medical Transport While Making Clear AMR, Inc. Is Not An Integral Part Of The Public Safety Network
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
5.14-0136Resolution Approving the Appropriation of Additional Funds to the Capital Projects Fund for a VDOT CMAQ Project at Todds Lane and Big Bethel Road
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
6.14-0149Resolution Approving the Transfer of Funds from Intersection Improvements at Big Bethel Road and Thomas Nelson Drive to Intersection Improvements at Woodland Road and Andrews Boulevard That Are Funded with VDOT Highway Safety Improvement Program (HSIP) Funds
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
7.14-0151Resolution Approving the Transfer of Funds from Intersection Improvements at Executive Drive and Marcella Road to Intersection Improvements at Big Bethel Road and Burton Street That Are Funded with VDOT Highway Safety Improvement Program (HSIP) Funds
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
8.14-0152Resolution Endorsing NuCare Carolina Ambulance, Inc. To Establish An Office In The City Of Hampton To Provide Non-Emergent Medical Transport While Making Clear That NuCare Carolina Ambulance, Inc. Is Not An Integral Part Of The Public Safety Network
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
9.14-0148Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Hazard Mitigation Grant Program through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
10.14-0159Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the FY 2013 Supplemental Local Emergency Management Performance Grant through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
11.14-0160Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the FY 2013 Supplemental Local Emergency Management Performance Grant through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
12.14-0146Ordinance To Amend And Reenact Chapter 36 Of The Code Of The City Of Hampton, Virginia Entitled "Swimming Pools", By Amending Section 36-51 "Outlet Drain" To Make Consistent With New Stormwater Regulations.
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
13.14-0162Resolution Appropriating Funds from the Air Power Park Museum FY14 Donation Account to be utilized for Special Programs, Materials, and Equipment
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
14.14-0170Modification of Nakia Cook's term on the Peninsula Agency on Aging Board of Directors to be from October 1, 2013, until September 30, 2014.
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
15.14-0172Request for Refunds for Tax Years 2012, 2013 and 2014
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
16.14-0174Resolution Supporting the Hampton Streetcar 390 Project
ACTION: Approved items 1 through 16 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
17.14-0154Rezoning Application No. 1312-2013 by Foxcroft, L.P. to rezone 14.38 + acres located at 59 Stapleford Way [LRSN 8003549] from One-Family Residence (R-11) District to Multiple Dwelling (MD-2) District with conditions.
ACTION: Deferred (5/14/2014)

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
Use Permit
18.14-0155Use Permit Application No. 14-00003 by PetSmart to operate a veterinary health facility at 3670 Von Schilling Drive [LRSN 13002020] at Peninsula Town Center.
ACTION: Presented by Tolu Ibikunle, City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved subject to five conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
19.14-0156Use Permit Application No. 14-00004: Proposal by Sovonia Golden, to operate a Day Care 3 for up to 49 children at 3311 Kecoughtan Road [LRSN 13002647].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved subject to ten conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
Ordinances
20.14-0150Ordinance Vacating a Surplus (1) 60’ Public Access Easement Containing 79,426± Square Feet (LRSNs 13003975 and 13003976); (2) a 60’ Public Utility Easement Containing 76,520± Square Feet (LRSNs 13003975 and 13003976); and (3) a Pump Station Easement Containing 2,679± Square Feet (LRSN 13003979) Located at 41 Floyd Thompson Boulevard.
ACTION: Deferred (5/14/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
21.14-0157Ordinance to Amend Chapter 13.1 of the City Code of the City of Hampton, Virginia Entitled “Land Disturbing Operations” to Comply With Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management Ordinance,” by Amending Section 13.1-1, Definitions; Section 13.1-2, Purpose of Chapter; Section 13.1-3, Exemptions from Chapter; Section 13.1-4, Relationship of Chapter to Other Ordinances and Regulations; Section 13.1-5, Permit Required; Section 13.1-6, Permit Application and Fee; Section 13.1-7, Application of State Guidelines, Standards, Etc.; Section 13.1-8, General Requirements; Section 13.1-9, Responsibility of Property Owner When Work to be Done by Contractor; Section 13.1-10, Responsibility and Bond for Control Measures; Section 13.1-11, Preparation of Plan; Preliminary Plan; Section 13.1-12, Single-Family Detached Residences; Section 13.1-13, Approval or Disapproval of Plan; Section 13.1-14, Appeals from Decisions under Chapter; Section 13.1-15, Amendment of Approved Plan; Section 13.1-16, Bond; Section 13.1-17, Issuance or Refusal of Permit; Section 13.1-18, Term of Permit; Section 13.1-19, Permit Restrictions and Conditions; Section 13.1-20, Periodic Inspections of Land-Disturbing Activities; Section 13.1-21, Use of Certain Fill Material Prohibited; Section 13.1-22, Covering of Fill Projects; Section 13.1-23, Right of Entry of Agent; Section 13.1-24, Correction of Dangerous Conditions and Revocation; Section 13.1-25, Final Inspection of, and Certification of Completion for, Land-Disturbing Activity; Section 13.1-26, Completion of Work by Surety or City Agents; Section 13.1-27, Agent Designated for Administration and Enforcement of Chapter; Section 13.1-28, Notice of Violations; Section 13.1-29, Damaging, Removing, Etc., Erosion-Prevention Bags; and Section 13.1-31, Penalties, Injunctions and Other Legal Actions
ACTION: Held Public Hearing - Councilman Tuck read a statement of a citizen into the record. That statement is on file in the meeting file in the office of the Clerk of Council.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
22.14-0158Ordinance to Repeal Chapter 33.1 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management,” in Its Entirety and Enact Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management” to Integrate the Stormwater Management Requirements with the Requirements of Erosion and Sediment Control, Flood Insurance, Flood Plain Management, and the Chesapeake Bay Preservation Act Into a Unified Program Pursuant to Virginia Code § 62.1-44.15:24, Et Seq.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
General Items
Appointments
23.13-0433to consider an appointment to the Virginia Alcohol Safety Action Program (VASAP)
ACTION: Appointed Terri Tennessee to fill the unexpired portion of a term which will expire on June 30, 2014.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
24.14-0169to consider appointments to the Virginia Air & Space Center Board of Directors
ACTION: Reappointed James A. “Pete” Peterson and appointed James Read Chisman and John Smith to four year terms which will expire on June 30, 2018.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
25.14-0166Appointment to the Economic Development Authority.
ACTION: Reappointed Ben Williams to his second term and appointed Eleanor Brown for her first four year term. These terms will expire on March 31, 2018.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
  Council also made the following assignments to the Virginia Municipal League policy committees:

COMMUNITY AND ECONOMIC DEVELOPMENT – Councilman Hobbs
ENVIRONMENTAL QUALITY – Councilman Stuart
FINANCE – Councilwoman Snead
GENERAL LAWS – Vice Mayor Curtis
HUMAN DEVELOPMENT AND EDUCATION – Councilman Tuck
TRANSPORTATION – Councilman Moffett.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The City Manager indicated that she has personally visited the area Mr. William Webster spoke of during public comment along with numerous visits by staff including the Director of Public Works and staff simply disagrees with Mr. Webster's position.

In response to the earlier comments by Mr. David Dietrich, she also indicated that the City Council is welcome to review the School Board budget but it is not within the Council's purview to address that budget in any fashion. Additionally City Manager Bunting indicated it is not within the Council's purview to address Constitutional issues and that is reserved for the Court system.

Ms. Bunting checked the tax records in between the two evening sessions and indicated that Mr. Edwin Boone's real estate tax increased by $33.50 as opposed to the $100 he indicated during the public comment period.

The City Manager also announced that we just learned from the National Civic League that Hampton has been announced as one of twenty-five finalists for the All American City award. Hampton is one of only two cities from Virginia invited to be in this finalist round.

Vice Mayor Curtis shared that she welcomed the Burmese Mountain Dog Club of America this morning to the Hampton Roads Convention Center this morning. She shared that it was a wonderful event that is a national show with international participants as well. There were 400 dogs and their 'people.' Vice Mayor Curtis also commended the Hampton High School ROTC Color Guard who participated in the opening even though they are on spring break. She commended Sallie Grant-DiVenuti and her staff for bringing this event to Hampton and also to the Embassy Suites for allowing the dogs to stay on their property, a first for them. She shared that the participants were very pleased to be in Hampton and want to return.
Miscellaneous New Business
Adjournment