Last Publish on 6/10/2010 3:55:28 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, June 09, 2010
6:59:44 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:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, CMC, Clerk of Council

CALL TO ORDER/ROLL CALL
  Mayor Ward called the meeting to order at 7 p.m.
INVOCATION - Councilman George Wallace
  The invocation was given by Councilman Wallace.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward explained that Councilwoman Leary was not in attendance as she was invited by the Churchland High School to their commencement ceremony. Mrs. Leary was a member of Churchland High School's class of 1960.

Mayor Ward also expressed the Council's appreciation to Alton Blackley on the occasion of his retirement. Mr. Blackley has served the City of Hampton for 30 years. Councilman Wallace shared that Mr. Blackley started with Channel 47 as a volunteer when the station first began.
1.10-0270Resolution in Recognition of Randall A. Gilliland
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
2.10-0271Resolution in Recognition of Paige V. Washington, Jr.
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Joseph H. Spencer, II.
3.10-0272Resolution in Recognition of Joseph H. Spencer, II
ACTION: Approved - The resolution was read by Mayor Ward.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
  Mayor Ward asked the City Manager to give an update on the status of the Community Services Board day support voucher program.
CONSENT AGENDA
Consent Items
4.10-0235Approval of the Minutes from April 28, 2010, (afternoon and special evening sessions); May 5, 2010, (special afternoon and special evening sessions); and May 12, 2010, (afternoon, evening and public comment sessions).
ACTION: Approved items 4 through 10 and 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.10-0222Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the U.S. Environmental Protection Agency (EPA) Brownfields Assessment Grant for City-wide Environmental Studies of Areas Potentially Impacted by Petroleum Contaminates.
ACTION: Approved items 4 through 10 and 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
6.10-0231Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the U.S. Environmental Protection Agency (EPA) Brownfields Assessment Grant for City-Wide Environmental Studies of Areas Potentially Impacted by Non-Petroleum Based Hazardous Materials.
ACTION: Approved items 4 through 10 and 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
7.10-0232Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010-2011 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 4 through 10 and 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
8.10-0247An Ordinance of the City of Hampton, Virginia to Establish a Fee for Police Escort Service and Related Traffic Control for Funeral Processions Using the Streets of the City of Hampton.
ACTION: Approved items 4 through 10 and 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
9.10-0256Resolution 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 4 through 10 and 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
10.10-0258Resolution approving utility easements to Virginia Electric and Power Company (“Dominion Virginia Power”) for a 10’ easement (totaling 2,150+ square feet) on City property located on N. Mallory Street between Pembroke Avenue and Buckroe Avenue (Lot 21A, LRSN 12006796), together with two 15’ City alleys, and a variable width easement (totaling 1,700+ square feet) which encompasses three parcels of City property on E. Pembroke Avenue between S. Fourth Street and S. Fifth Street, namely 2408 E. Pembroke Avenue (LRSN 12006933), 2410 E. Pembroke Avenue (LRSN 12006932), and 2412 E. Pembroke Avenue (LRSN 12006931).
ACTION: Approved items 4 through 10 and 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
11.10-0263Resolution Appropriating Community Development Block Grant (CDBG) Indirect Cost Funds to the Capital Projects Fund
ACTION: Approved

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Ross A. Kearney, II.
12.10-0264Agreement between the Green Jobs Alliance, the Hampton Roads Technology Council, and the City of Hampton to provide Hampton Incubator office space in support of a Regional Energy Alliance
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
13.10-0265Resolution To Modify The City Of Hampton, Virginia's Fixed-Price Contract With Manatron, Inc.
ACTION: Approved items 4 through 10 and 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
14.10-0251Ordinance to amend and re-enact chapter 20 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Uses Permitted in All Districts” by amending section 20-5(4) to clarify that the requirement of a use permit for boathouses shall apply only to commercial boathouses.
ACTION: Held Public Hearing - a joint public hearing was held on items 10-0251, 10-0252, 10-0253, 10-0254, 10-0255, 10-0257, and 10-0259. There were no speakers.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
15.10-0252Ordinance to amend and re-enact chapter 25 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Administration and Enforcement of Ordinance” and set fees for the issuance of zoning certification letters in the amount of $25.00 for residential parcels and $75.00 for all other parcels of land as authorized by Va. Code § 15.2-2286.A.6.
ACTION: Held Public Hearing - a joint public hearing was held on items 10-0251, 10-0252, 10-0253, 10-0254, 10-0255, 10-0257, and 10-0259. There were no speakers.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
16.10-0253Ordinance to repeal chapter 23 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Zoning Certificate”.
ACTION: Held Public Hearing - a joint public hearing was held on items 10-0251, 10-0252, 10-0253, 10-0254, 10-0255, 10-0257, and 10-0259.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
17.10-0254Ordinance to amend and re-enact chapter 21 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Nonconforming Use” by amending the title of chapter 21 to “Nonconforming Uses and Structures”, amending sections 21-1 through 21-3, and adding section 21-4.
ACTION: Held Public Hearing - a joint public hearing was held on items 10-0251, 10-0252, 10-0253, 10-0254, 10-0255, 10-0257, and 10-0259. There were no speakers.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
18.10-0255Ordinance to amend and re-enact chapter 18.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Signs” by amending sections 18.1-2, 18.1-4, 18.1-13, 18.1-17, 18.1-18, 18.1-21, 18.1-33, 18.1-36, and 18.1-39.
ACTION: Held Public Hearing - a joint public hearing was held on items 10-0251, 10-0252, 10-0253, 10-0254, 10-0255, 10-0257, and 10-0259. There were no speakers.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
19.10-0257Ordinance to amend and re-enact Chapter 18.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Signs” by amending the section 18.1-18, pertaining to signs for buildings with frontage on Magruder Boulevard, Hampton Roads Center Parkway, Enterprise Parkway, Butler Farm Road, and/or Interstate 64.
ACTION: Held Public Hearing - a joint public hearing was held on items 10-0251, 10-0252, 10-0253, 10-0254, 10-0255, 10-0257, and 10-0259. There were no speakers.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
20.10-0259Rezoning Application No. 1288: Proposal by Elise McKenna Raiszadeh to rezone a 0.45± acre parcel (LRSN 4002754) at 1100 Big Bethel Road from One-Family Residence (R-9) District to Residential Transition (RT-1) District to allow for use of an existing detached garage at a single-family home as a private dance studio.
ACTION: Presented by Jeff Conkle, City Planner. The applicant, Elise Raiszadeh, also responded to questions by Council.
ACTION: Held Public Hearing - there were no speakers.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Use Permit
21.10-0260Use Permit Application No. 1062 by Hampton University to construct a three-story building to be used as a student dining and activity center located on three parcels adjacent to and including 530 East Queen Street (LRSNs 12001055, 12001056 and 12001057), zoned One Family Residence (R-13) District.
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - there were no speakers.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
Conditional Privilege
22.10-0261Conditional Privilege Application No. 106 by I CAN Childcare & Learning Center,LLC to amend the conditions of Conditional Privilege #104 to allow for a revised traffic circulation plan to allow a Day Care 3 within the Wythe Creek Shopping Center located at 3355 Commander Sheppard Boulevard (LRSN# 6000971).
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - there were no speakers.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Resolutions
23.10-0238Resolution authorizing the grant of a 5,335 sq. ft. ingress/egress easement and utility easement, over City owned property located at Eaton Street (RPC 2003074) to Hampton Roads Sanitation District for a trunk sewer extension and replacement.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - there were no speakers.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
General Items
Ordinances
24.10-0203Ordinance to amend and reenact Chapter 38, ‘Vehicles for Hire”, Article II, “Taxicabs”, Division 1, “Generally”; Division 2, “Certificate of Public Convenience and Necessity” and Division 6, “Taxicab Stands” to implement recommendations of the Taxicab Study adopted by Council regarding minimum requirements for issuance of certificates of public convenience and necessity and renewal thereof.
ACTION: Adopted

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Paige V. Washington, Jr..
25.10-0248Ordinance to amend and re-enact Section 2-290, Article XII, of the Code of the City of Hampton, Virginia titled “Hampton Federal Area Development Authority” by amending Section 2-290(e) governing the number of members of the Board of Commissioners.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
26.10-0249Ordinance to repeal Section 2-311, Article XIII, of the Code of the City of Hampton, Virginia entitled “Fort Monroe Federal Area Development Authority”.
ACTION: Adopted - Prior to the vote, Cynthia Hudson, City Attorney, provided information on the reason for repealing this section.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
Appointments
27.10-0141to consider an appointment to the Hampton-Newport News Community Criminal Justice Board
ACTION: Appointed Anthony Soltys for a four (4) year term commending immediately and expiring on June 30, 2014.

MOVER: Councilmember George E. Wallace.
28.10-0145to consider an appointment to the Finance Committee
ACTION: Reappointed Len Nicholson to the Finance Committee for his first full two (2) year term which will expire on June 30, 2012. There remains a vacancy to fill which is currently filled by Dr. Jesse Hughes. This will be considered after July 1, 2010

MOVER: Councilmember George E. Wallace.
29.10-0241to discuss appointments to the Ad Hoc Leadership Group.
ACTION: Appointed Steve Brown, Andrew Greenwell, Rick Bagley, L’Allegro Smith, Ann Stephens-Cherry, Henry Mills, Michele Woods-Jones, Kim Humphrey, Pat Uribes and Leroy Foster.


MOVER: Councilmember George E. Wallace.
30.10-0268to consider appointments to the Hampton Redevelopment and Housing Authority
ACTION: Reappointed Eleanor W. Brown to a four year term expiring on June 30, 2014 and appointed Steve Brown to fulfill the unexpired portion of Will Moffett’s term commencing on July 1, 2010, and expiring on June 30, 2011, and appointed Walt Credle to fulfill the unexpired portion of Len Nicholson’s term which commences immediately and will expire on June 30, 2011.


MOVER: Councilmember George E. Wallace.
Other Items
31.10-0250Authorization to Pick-up the Employee's Contribution to the Virginia Retirement System Under Section 414(h) of the Internal Revenue Code for Plan 2 Employees
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The City Manager indicated that there would be a comprehensive report on Codes Compliance given to Council in July. She reported back on the properties in Buckroe in connection with the Bruce Smith deal that were questioned at the last Council meeting.

She indicated that the waterway management civic engagement and solution search process will be discussed in July.

Ms. Bunting reported back on the situation with ditches in the area of Doolittle Road and on curb and gutter in the area of Heffelfinger Street.

She reported back in response to Councilwoman Leary's request as to the profit which would be generated if a $1 per adult charge was instituted at Blue Bird Gap Farm.

Ms. Bunting also reported on a police operation sting today concerning untaxed cigarettes.

Councilman Wallace shared that Hampton was one of ten localities in the nation recognized for transparency and civic engagement.

Mayor Ward shared that she looks forward to working with Mr. Tuck, Mr. Moffett and Mr. Stuart and thanked them for their willingness to serve.

Councilman Gilliland shared information on a grant recently awarded to the Green Jobs Alliance.
Miscellaneous New Business
Adjournment