Last Publish on 9/16/2007 11:37:37 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, September 12, 2007
7:24:31 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
INVOCATION - Randall A. Gilliland
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor indicated that there was an information sheet available concerning the role of the City and the role of the State with respect to the White Marsh issue.

The Mayor welcomed a large number of Kecoughtan High School students attending the meeting. He also welcomed the Hampton University students arriving in Hampton at the beginning of the school year.

The Mayor also welcomed Fred Brewer, Chairman of the Hampton School Board. Mr. Brewer invited the community to attend a groundbreaking ceremony at the new K-8 school site located on Victoria Boulevard at the old Sentara Hospital site. The event will take place on Wednesday, September 19th at 5 p.m.
CONSENT AGENDA
Consent Items - Second Reading
1.07-0438AN ORDINANCE TO AMEND AND RE-ENACT THE CODE OF THE CITY OF HAMPTON, CHAPTER 37 ENTITLED “TAXATION” IN ITS ENTIRETY, INCLUDING BUT NOT LIMITED TO, ADDING NEW SECTIONS 37-151.1, 37-155.01, 37-211, 37-278.1, 37-337.1 AND 37-344.1, RENUMBERING SECTION 37-212 AND REPEALING SECTIONS 37-149.1 AND 37-279.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Consent Items - First Reading
2.07-0466Resolution authorizing a Capital Budget Transfer in the Amount of $1,600,000 from the FY 2005 Buckroe School Design & Acquisition Project to FY 2008 Northampton School Design Project.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
3.07-0474A Resolution Appropriating Funds from Uncompleted Capital Projects funded with General Funds, Stormwater Funds and Economic Development Funds.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
4.07-0481Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Office of Emergency Medical Services Consolidated Grant Submitted by the Fire Division through the Office of Emergency Medical Services, Virginia Department of Health - OEMS Consolidated Grant Resolution
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
5.07-0482Resolution to Appropriate Donations from the Undesignated Fund Balance to the Hampton Division of Fire and Rescue Up to $5,000 Received by the Division During FY 06-07
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
6.07-0485Resolution Appropriating $455,000.00 of Information Services Fund Retained Earnings for Payment of Debt on the City Hall Campus Telephone System and Purchase of New Telephone System for Public Works Operations Campus.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
7.07-0465Resolution Accepting the Donation of an Accelerant K-9 from the Virginia State Police to the Hampton Division of Fire and Rescue.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
8.07-0468Resolution Changing the Date of the November Hampton City Council Meeting from November 14, 2007, to November 7, 2007, and Approving the Hampton City Council Meeting Schedule for 2008.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
9.07-0479A Resolution Reconstituting the Peninsula Stadium Authority with the City of Hampton as the Sole Continuing Municipal Member Following the Withdrawal of the City of Newport News
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
10.07-0428Presentation of National and State Awards to two City Department Heads
ACTION: Presented by Councilman Tignor to Walt Credle, Director of Hampton Social Services. Mr. Credle was the recipient of the American Public Human Services Association's 2007 Outstanding Member Award.
11.07-0492A Resolution Approving the Display of a Poem Honoring Ruppert Leon Sargent in the Ruppert Leon Sargent Buiding.
ACTION: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
12.07-0495Proclaiming September 17 - 23, 2007, as Constitution Week in the City of Hampton
ACTION: Presented by Vice Mayor Gilliland to Lois Taylor and other members of the Daughters of the American Revolution.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
13.07-0486Update on Hampton Roads Economic Development Alliance's Activities.
ACTION: Presented by Jones Hooks, the President of the Hampton Roads Economic Development Alliance. He was accompanied by Jerry Clark, the Chairman, and Rick Bagley, a member of the Executive Committee and a Hampton resident.
PUBLIC HEARINGS
Rezonings - Second Reading
14.07-0435Rezoning Application #1245 by Mayer Sarfan to rezone one 6.20+/- acre parcel at the terminus of Benthall Road from One Family Residence District (R-13) to One Family Residence District (R-11) to allow up to twenty three (23) new single family homes. [LRSN: 11002678]
ACTION: Held Public Hearing - One individual, Jim Hall, spoke in opposition.
ACTION: Presented by Caroline Butler, Chief Planner.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
15.07-0437Rezoning Application #1253 by the City of Hampton to rezone six city-owned parcels at 1227, 1233, 1235, 1237, 1241 and 1245 Big Bethel Road from One Family Residence District (R-11) and Neighborhood Commercial (C-1) to Special Public Interest District- Public Land (SPI-PL) in order to align the zoning of the property with its intended use as an expansion of Sandy Bottom Nature Park. [LRSNs: 4004316, 4004315, 4004314, 4004313, 4004311, 4004312, respectively]
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
16.07-0439Zoning Ordinance Amendment by the City of Hampton to amend Chapter 14, Limited Manufacturing (M-1) District, to add schools as a permitted use, subject to securing a Use Permit.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
17.07-0464Rezoning Application No. 1260 by XL Development Group to amend conditions from Rezoning Application No. 1148 to include residential. The applicant is proposing to construct a live performance theater, full service hotel, retail, office space, town homes and structured parking. LRSN # 13001171
ACTION: Presented by Adanna Davis, City Planner. Vince Falleroni of XL Development Group also made a presentation.
ACTION: Held Public Hearing - Elizabeth McCorry of the Coliseum Central Business Improvement District spoke in support of the rezoning.
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
18.07-0467Rezoning Application No. 1257 by Ronyag, Ltd. to rezone 1 +/- acre at 675, 677, 681 and 691 Greenbriar Avenue from General Commercial District (C-3) to Multiple Dwelling District (MD-4) to legitimize the zoning of two existing apartment buildings and to construct one new apartment building. LRSN #1003823, #1003824, #1003835 and #1003833.
ACTION: Presented by Caroline Butler, Chief Planner.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
19.07-0472Rezoning Application No. 1258 by David Tilghman to rezone .50 + acre at 618 Beach Road from Neighborhood Commercial District (C-1) to One-Family Residence District (R-11) to legitimize the zoning of an existing single family home.LRSN #10000312
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Use Permit
20.07-0473USE PERMIT NO. 1031: by the Hampton City Schools to use an existing vacant building as an Alternative School for secondary education students at 3217 Commander Shepard Boulevard (LRSN # 6000976), which is in Langley Research and Development Park.
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
General Items
Ordinances
21.07-0455AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, “ADMINISTRATION”, ARTICLE III, “OFFICERS AND EMPLOYEES GENERALLY”, SECTION 2-108 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED, “CRIMINAL HISTORY INVESTIGATIONS OF APPLICANTS FOR POSITION OF POLICEMAN AND FIREMAN”
ACTION: Adopted on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
22.07-0477AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, “ADMINISTRATION” BY ADDING THERETO ARTICLE XIII, “OFFICE OF COMMUNITY AND INTERNATIONAL RELATIONS”
ACTION: Adopted on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
23.07-0478AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, "ADMINISTRATION", BY ADDING THERETO ARTICLE V, ENTITLED "DEPARTMENT OF INTERNAL AUDIT"
ACTION: Adopted as Amended on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
24.07-0483AN ORDINANCE TO AMEND AND REENACT CHAPTER 21, ARTICLE II OF THE CODE OF THE CITY OF HAMPTON ENTITLED "LOCAL VEHICLE LICENSE" IN ITS ENTIRETY.
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Resolutions
25.07-0452Resolution Authorizing the Transfer of $5,000,000 of General Improvement Bonds – Series 2005 Appropriations from Buckroe Property Acquisition-Schools to Buckroe Strategic Property Acquisition and Demolition.
ACTION: Removed

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
Appointments
26.07-0463to consider an appointment to the Social Services Local Advisory Board.
ACTION: Appointed Phillip R. Trana to complete the term of Christopher G. Stuart. The term is to begin immediately and will end on August 31, 2011.



MOVER: Councilmember Paige V. Washington.
27.07-0487to consider appointments to the Peninsula Stadium Authority.
ACTION: Deferred (9/26/2007)

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
28.07-0310to consider appointments to the Hampton Federal Area Development Authority.
ACTION: Moved to table the issue. The current appointments will remain in effect until successors are appointed.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Many citizens spoke in opposition to development in the White Marsh area of the city.

Thomas McKee spoke on a nuisance issue he is experiencing with a cat.

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

Howard Brown spoke on an issue he has with a fence extension.

Ed Miller spoke about a traffic engineering issue on Armistead Avenue and Pine Chapel Road.

Rudy Langford thanked Councilman Tignor for his service on the City Council.

Del. Tom Gear indicated his willingness to sponsor state legislation on White Marsh.

John Krulis spoke about the housing bust and inquired if real estate taxes will be assessed down later and raised other budget questions.
Miscellaneous New Business
  Councilwoman Leary thanked Mayor Kearney and Del. Gear for their continuing support of the Day of Remembrance and Hope.

Councilwoman Leary asked that the City work with Del. Gear on legislation and also pursue the possibility of a land conservancy with respect to White Marsh.
Adjournment