Last Publish on 8/10/2011 10:32:33 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, August 10, 2011
7:24:18 PM
Ross A. Kearney, II, Angela Lee Leary, Will Moffett, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, 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
  The meeting was called to order at 7:24 p.m.
INVOCATION - Councilwoman Angela Lee Leary
  Councilwoman Leary asked Pastor Steve Brown to give the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward called upon Councilman Stuart who apologized for not being in attendance at the afternoon and public comment sessions of Council. He shared that earlier today his father in law, Ronald W. Maust, passed away. Councilman Stuart thanked the many individuals who have come into his family's life and assisted during the illness. He briefly memorialized Mr. Maust as being a visionary who relocated his business to Downtown Hampton many years ago.

Councilman Kearney stated that on August 1, 2011, there was an announcement that the Phoebus Post Office was to be closed. A recent town hall meeting resulted in a petition to keep the post office open and a proposed resolution supporting keeping the Phoebus Post Office open will be considered by Council. Petitions are available in all of Hampton's library branches and citizens are encouraged to sign them. The resolution is added as the last item on the agenda, although the vote was taken out of order under the Mayor's Comments portion of the agenda.
CONSENT AGENDA
Consent Items
1.11-0237Approval of the minutes from the afternoon sessions of February 9, 2011, March 9, 2011, and March 23, 2011; the public comment session of July 13, 2011; and the evennig session of July 13, 2011.
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
2.11-0239Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Criminal Justice Systems Improvement Grant through the Virginia Department of Criminal Justice Services.
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
3.11-0240Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010-2011 Byrne Justice Assistance Grant Program through the Virginia Department of Criminal Justice Services.
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
4.11-0242Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2011-2012 Comprehensive Community Corrections Act and Pretrial Services Act Grant Funding Program through the Hampton-Newport News Criminal Justice Agency from the Virginia Department of Criminal Justice Services.
ACTION: Approved - Councilman Stuart requested that this item be removed from the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
5.11-0243Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2012 Homeless Intervention Program through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development.
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
6.11-0244Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2012 Emergency Solutions Grant Through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development.
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
7.11-0245Resolution Accepting and Appropriating Funds for the FY2012 Comprehensive Services Act Pool Funds.
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
8.11-0247Resolution Approving and Authorizing Submission to the State of the Fiscal Year 2012 Hampton-Newport News Community Services Board Performance Contract.
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
9.11-0248Resolution Authorizing the Execution of a Deed of Lease With the Commonwealth of Virginia, Department of General Services for 100 Square Feet of Office Space Known as Office Number 656 Located on the 6th Floor of 1 Franklin Street in Downtown Hampton
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
10.11-0252Resolution Authorizing And Directing The City Manager To Execute On Behalf Of The City Of Hampton, Virginia, The Memorandum Of Agreement Between The Federal Bureau Of Investigation And The City Of Hampton, Virginia Acting By And Through Its Police Division For Access And Use Of The Hampton Police Weapons Range.
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
11.11-0253Resolution Determining Todds Lane Veterinary Hospital to be the only Source Practicably Available from Which to Procure Veterinary Care for Wildlife and Authorizing the Negotiation and Execution of a Purchase Contract with Todds Lane Veterinary Hospital
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
12.11-0254Resolution Determining Warwick Animal Hospital to be the only Source Practicably Available from Which to Procure Veterinary Care for Snakes and Reptiles and Authorizing the Negotiation and Execution of a Purchase Contract with Warwick Animal Hospital
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
13.11-0255Resolution Determining Tidewater Equine Clinic Hospital to be the only Source Practicably Available from Which to Procure Veterinary Care for Hoofed Animals and Authorizing the Negotiation and Execution of a Purchase Contract with Tidewater Equine Clinic
ACTION: Approved - items 1 (11-0237) through 3 (11-0240) and 5 (11-0243) through 13 (11-0255) on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Ordinances
14.11-0251Ordinance Amendment to amend and re-enact chapter 35 of the City Code of the City of Hampton, Virginia entitled “Subdivisions” and to establish or increase fees for review and administration of subdivision ordinance as authorized by Va. Code § 15.2-2241.A.9.
ACTION: Presented by Thomas Jordan, Senior City Planner.
ACTION: Held Public Hearing - Larry Cumming of the Zoning Ordinance Advisory Committee, Susan Gaston of the Virginia Peninsula Association of Realtors, and Elizabeth McCoury of the Coliseum Central Business Improvement District spoke in favor of the item.
ACTION: Moved to approve with the text amendment provided by staff at Section 35-3, expressly naming the City Manager as Council's agent for administration and enforcement of the subdivision ordinance. Staff will bring back amendments regarding fees.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor George E. Wallace.
Resolutions
15.11-0246Resolution Adopting the Hampton Roads Regional Water Supply Plan for Submission to the Virginia Department of Environmental Quality
ACTION: Presented by Lynn Allsbrook, Acting Director of Public Works. Dave Morris of Newport News Waterworks also provided information.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
General Items
Ordinances
16.11-0250Ordinance to Amend and Reenact Chapter 37 “Taxation”, of the Code of the City of Hampton, Article II, Real Estate Taxes”, Sections 37-17.2 and 37-22 to Adjust the Current Assessment Appeal Deadlines to Comply with Recent Amendments to the Virginia Code, and Section 37-42, to Extend the Application Deadlines by Sixty (60) days, and Establish a Late Application Period and a Late Revalidation Period.
ACTION: Presented by Brian Gordineer, City Assessor.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Angela Lee Leary.
17.11-0261Resolution Approving the Terms of a Cooperation Agreement Between the City of Hampton and the Hampton Redevelopment and Housing Authority, and Authorizing the Execution and Delivery of Said Cooperation Agreement for the Acquisition, Maintenance and Operation of the Harbor Square Apartments in Downtown Hampton.
ACTION: Moved to to deviate from the published agenda to take items 11-0261 and 11-0262 after the consent agenda but before the other items on the published agenda.

At 7:36 p.m. Mayor Ward explained her reasons for recusing herself from any discussion of this matter and passed the gavel to Vice Mayor George Wallace to preside over items 11-0261 and 11-0262.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
ACTION: Presented by Mary Bunting, City Manager, who briefly explained the time line of recent activities involving the property known as Harbor Square Apartments.

Several members of Council had questions for the City Manager.
ACTION: Approved - the motion was to approve item 17 (11-0261) and item 18 (11-0262).

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
18.11-0262Resolution Appropriating $1,900,000 From the “Downtown-Goodyear Site” Capital Account/Fund To The Hampton Redevelopment And Housing Authority In Support Of The Authority’s Purchase Of The Real Property Commonly Known As “Harbor Square Apartments”
ACTION: Approved - the motion was to approve item 17 (11-0261) and item 18 (11-0262).

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Appointments
19.11-0238to consider an appointment to the Finance Committee.
ACTION: Council designated Vice Mayor Wallace and Councilman Tuck to work with the Clerk of Council in advertising the vacancy and conducting the interviews.
20.11-0258to consider an appointment to the Golf Course Advisory Committee.
ACTION: Appointed Pat Uribes to serve a three year term from September 1, 2011, until August 30, 2014.

MOVER: Councilmember Ross A. Kearney, II.
21.11-0259to consider an appointment to the Wetlands Board.
ACTION: Council designated Councilwoman Leary and Councilman Moffett to work with the Clerk of Council in advertising the vacancy and conducting the interviews.
22.11-0260to consider the appointment of an alternate to the Cultural Alliance of Hampton Roads.
ACTION: Appointed Brian Deprofio to serve as Councilman Stuart's alternate until June 30, 2012.

MOVER: Councilmember Ross A. Kearney, II.
23.11-0267Resolution Urging the Post Master General to Keep the Phoebus Post Office Open
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Councilman Stuart asked that the Morgan family be invited to give Council an assessment of the recently ended Peninsula Pilots season.

Councilwoman Leary requested the time of the groundbreaking for tomorrow. She would like to consider that a reading room be named for Mary Johnson.

Councilwoman Leary reminded everyone of the September 11th ceremony which will take place on Sunday, September 11th at 8 a.m. at Gosnold's Hope Park.
Adjournment
  The meeting adjourned at 9:33 p.m.