Last Publish on 11/17/2006 4:14:56 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, November 15, 2006
7:30:41 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 - Rhet Tignor
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Vice Mayor Gilliland explained that the Mayor was in Washington, DC presenting at the Mayor's Institute on City Design. He reminded citizens of several upcoming events and meetings.
CONSENT AGENDA
Consent Items - Second Reading
1.06-0602AN ORDINANCE TO AMEND CHAPTER 1 ENTITLED "GENERAL PROVISIONS," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
2.06-0603AN ORDINANCE TO AMEND CHAPTER 3 ENTITLED "ADVERTISING," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
3.06-0604AN ORDINANCE TO AMEND CHAPTER 4 ENTITLED "AMUSEMENTS," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
4.06-0605AN ORDINANCE TO AMEND CHAPTER 6 ENTITLED "BICYCLES," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
5.06-0608AN ORDINANCE TO AMEND CHAPTER 5 ENTITLED "ANIMALS," OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
Consent Items - First Reading
6.06-0663AN ORDINANCE TO AMEND CHAPTER 11, OF THE CODE OF THE CITY OF HAMPTON ENTITLED "EDUCATION".
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
7.06-0664AN ORDINANCE TO AMEND CHAPTER 15, OF THE CODE OF THE CITY OF HAMPTON ENTITLED "FOOD AND FOOD ESTABLISHMENTS."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
8.06-0665AN ORDINANCE TO AMEND CHAPTER 17 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "LIBRARIES."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
9.06-0666AN ORDINANCE TO AMEND CHAPTER 19 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "MASSAGE PARLORS."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
10.06-0667AN ORDINANCE TO AMEND CHAPTER 20 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "MOBILE HOMES AND MOBILE HOME PARKS."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
11.06-0668AN ORDINANCE TO AMEND CHAPTER 13 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "EXCAVATING; FILLING AND SIMILAR OPERATIONS."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
12.06-0669AN ORDINANCE TO AMEND CHAPTER 10 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "CEMETERIES."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
13.06-0670AN ORDINANCE TO AMEND CHAPTER 16.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "HOTELS AND SIMILAR ESTABLISHMENTS."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
14.06-0671AN ORDINANCE TO AMEND CHAPTER 7 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "BOATS, BEACHES AND WATERWAYS."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
15.06-0672AN ORDINANCE TO AMEND CHAPTER 12 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "ELECTIONS."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
16.06-0673AN ORDINANCE TO AMEND CHAPTER 16 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "GAMBLING."
ACTION: Moved to waive the second reading on consent agenda items 6 through 16.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
17.06-0640A Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Byrne Memorial/COJ Program through the Department of Criminal Justice Services.
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
18.06-0650Resolution authorizing the appropriation of $356,000 from the Economic Development Fund to the Capital Projects fund to finance infrastructure improvements to E Street in Copeland Industrial Park.
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
19.06-0651Assignment of Rights and Duties from the City of Hampton to the Hampton Redevelopment and Housing Authority.
ACTION: Deferred (12/13/2006)

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
20.06-0660Approval of Minutes from Afternoon and Evening Sessions of Hampton City Council on October 25, 2006.
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
21.06-0661Fort Wool Flagpole Installation – Engineering Services Project No 05-043
ACTION: Approved items 1 through 5, 17, 18, 20 and 21 on the consent agenda.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
22.06-0675Resolution to Request City Council to Approve Procurement of Software for City Attorney's Office.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
PRESENTATIONS, PROCLAMATIONS, AWARDS
23.06-0629In Recognition of Joy Blount, C. J. Delargy and Ollee Padilla, Winners of the Phoebus Fire Department's Annual Poster Contest
ACTION: Presented by Councilman Sapp with the assistance of Retired Battalion Chief Ernest Hale and Chief Cizmore of the Phoebus Fire Department to first place winners C. J. Delargy, a student from Robert R. Moton Early Childhood Center and Ollee Padilla, a student of St. Mary's Star of the Sea School. Another first place winner not present was Joy Blount, a student from Bryan Elementary.
24.06-0647Proclaiming November 2006 as Adoption Awareness Month
ACTION: Presented by Councilwoman Leary to Walt Credle, Wanda Rogers and Shirley Bowie of Hampton Social Services.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
25.06-0659Pictometry Demonstration
ACTION: Presented by Fred Whitley, City Engineer; Allan Lambert, Information System Manager; and Jonah Adkins, GIS Specialist.
PUBLIC HEARINGS
Conditional Privilege
26.06-0656Conditional Privilege Application No.88 by Andrea Alston to operate a Day Care Facility (Day Care 3) at 3406 West Lewis Road.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
Comprehensive Plan Amendment
27.06-0657Amendment to the Youth Component of the Hampton Community Plan.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
Ordinances - First Readings
28.06-0658Zoning Ordinance Amendment to amend Article XV. Sec. 17.3-114 “Special Public Interest District - Coliseum Central; Boundary and Application,” of the Zoning Ordinance by amending the boundary map.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
29.06-0648Deed of Easement between the City of Hampton and Thomas T. Thompson
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
30.06-0644Amend Section 5.01 of the City Charter to Provide That the City Attorney Shall be Appointed by the City Council and Shall Serve at its Pleasure.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
31.06-0649Resolution Authorizing Acquisition of Property Known as RPC#2001051
ACTION: Held Public Hearing
ACTION: Deferred (1/10/2007) - Council requested that staff report back on the status of this matter at the December 13, 2006, meeting and action will be considered at the January 10, 2007 meeting.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
General Items
Contracts and Agreements
32.06-0643Resolution 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 Collins Apartment Project in Downtown Hampton.
ACTION: Adopted

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
33.06-0592Proposed acquisition of property, known as 206 Pine Chapel Road, from Bert Huggins, III and Jahi Huggins.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
34.06-0641Proposed Acquisition of Surplus Land, known as 1817 N. Armistead Avenue, from the Virginia Department of Transportation (VDOT).
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
35.06-0642Proposed Acquisition of Surplus Land, Known as 1819 N. Armistead Avenue from the Virginia Department of Transportation (VDOT).)
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
Appointments
36.06-0636to consider reappointment of three members to Hampton's Community Policy and Management Team, and the appointment of one new member.
ACTION: Reappointed Reginald Haynes in the mandated local private organization position, Marcy Wright and Ellen Williams as discretionary members, and appointed Deborah Russell as a new discretionary member.

MOVER: Councilmember Rhet Tignor.
37.06-0662to consider an appointment to the Industrial Development Authority to fulfill an unexpired term.
ACTION: Deferred (12/13/2006)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
Audiences Granted to the General Public
  Donnie Tuck spoke about the current condition at the K-Mart on Mercury Boulevard and the health of the Chesapeake Bay.

Richard Brock, Richard Graham, Beth Davis, Johnny Hobbs, John Bowman, Raymond Wright, Wyatt Trumbo, C. B. King and L. Mitchell spoke on the issue of parking in Buckroe.
Miscellaneous New Business
  Councilwoman Leary indicated that she will be doing a radio and television appearance next week on behalf of the Mayor in connection with an event, "It's a Wonderful Life in Phoebus" which will take place on Saturday, November 25, 2006.

Councilman Spencer wished the citizens of Hampton a Happy Thanksgiving.
Adjournment