Last Publish on 11/20/2008 9:37:14 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, November 19, 2008
7:29:04 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Molly Joseph Ward, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
  Mayor Ward indicated that she received a call from Councilman Kearney who is ill and will not be able to attend tonight.
INVOCATION - Councilman Gilliland
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward asked Elizabeth Kersey, the Director of Intergovernmental Affairs, to share information on a license plate which will be issued to commemorate the 400th Anniversary of Hampton.

In response to several citizen inquiries, the City Manager shared information with respect to dredging of the Salt Ponds area.
CONSENT AGENDA
Consent Items
1.08-0467Approval of Minutes from Afternoon and Evening Sessions of Hampton City Council on October 22, 2008
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
2.08-0469Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the Virginia Department of Emergency Management, Local Emergency Management Performance Grant.
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
3.08-0473Resolution Creating the City of Hampton's Sesquicentennial Committee
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
4.08-0486Resolution Approving FY08 Year End Budget Adjustments.
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
5.08-0487Resolution Approving FY09 First Quarter Budget Adjustments.
ACTION: Approved items 1 through 5 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Conditional Privilege
6.08-0491Conditional Privilege Application No. 95 by Downtown Hampton Child Development Center (DHCDC) to operate a Day Care-3 at 317 Lee Street [LRSN: 2001803].
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing - There were no speakers on the issue.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
7.08-0492Conditional Privilege No, 94 by Northampton Church of Christ to operate Day Care 3 center for up to 35 children ages 31 months to 5 years of age at 1409 Todds Lane.[LRSN 4001423]
ACTION: Presented by Ernest Nortey, City Planner.
ACTION: Held Public Hearing - There were no speakers on the issue.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
General Items
Rezonings - Second Reading
8.08-0434Rezoning Application No. 1270 by the City of Hampton to Rezone Seventeen City-Owned Parcels from One Family Residential (R-11) District and Limited Commercial (C-2) District to Special Public Interest-Public Land (SPI-PL) District to Implement the Newmarket Creek Park and Trail System Master Plan.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
9.08-0455Rezoning Application No. 1274 by the Industrial Development Authority to Rezone 10.1± Acres on Semple Farm Road (LRSN# 6000844) from Multiple Residence District (R-M) to Multiple Dwelling District MD-2) for a Multifamily Development.
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
10.08-0458Rezoning Application No. 1273 by Peninsula Home for the Aged, Inc. to Rezone a 15.8+ Acre Lot at 1300 Mallory Street (LRSN# 12005714) from One Family Residence District (R-11) and One Family Residence District (R-13) to Multiple Dwelling District (MD-4) for a Continuing Care Retirement Community.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
Use Permit
11.08-0461Use Permit Application No. 1043 by Peninsula Home for the Aged, Inc. to construct a continuing care retirement community that will include a nursing home and Adult Care Residence 3. The property is located at 1300 Mallory Street [LRSN# 12005714] and is approximately 15.8 ± acres.
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Randall A. Gilliland.
Ordinances - First Reading
12.08-0494An ordinance to amend Chapter 21, Article IX, Section 21-218 of the Code of the City of Hampton entitled “Designation of public highways of the city for golf cart operation; posting of signs” to clarify that the decision of the City Manager to deny a request for designation of a street for golf cart use is final and not appealable.
ACTION: Adopted on First Reading - the City Attorney made some clarifying comments that this is not a new ordinance but rather a clarification of language in an existing ordinance.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
13.08-0495An ordinance to amend Chapter 2, Article XIV, of the Code of the City of Hampton entitled “Procurement Office" to add a new Section 2-341 to allow for a prequalification process for contractors.
ACTION: Deferred Generally

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Randall A. Gilliland.
14.08-0496Ordinance to amend and reenact Chapter 2, Article II “City Council”, Division 2 “Meetings”, Sections 2-36 and 2-43 to change frequency and time of regular meetings to provide for regular work sessions, and to change the order of business at the regular meetings.
ACTION: Adopted on First Reading

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
15.08-0497Ordinance to amend and reenact Chapter 2, Article II "City Council", Division 4, "Ordinances", Section 2-83 and to repeal Sections 2-81, and 2-84 to allow adoption of ordinances on first reading.
ACTION: Adopted on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
Appointments
16.08-0427to consider the appointment of individuals to the Hampton Federal Area Development Authority.
ACTION: Appointed T. C. Jones and Chris Jacobson to terms expiring November 30, 2012; Wallace Arnold and Scott Arnott to terms expiring November 30, 2011; Robert Yackovetsky and Scott Seymour to terms expiring November 30, 2010; and Steve Mallon to a term expiring November 30, 2009.


MOVER: Councilmember Angela Lee Leary.
17.08-0462to consider appointments to the Citizens' Unity Commission
ACTION: Appointed Mark Board to fill the unexpired portion of Joseph Drewry’s term and Eric Stone to fill the unexpired portion of Terry Gilliam’s term, both of which conclude on June 30, 2011.

MOVER: Councilmember Angela Lee Leary.
18.08-0468to consider appointments to the Coliseum Advisory Committee.
ACTION: Reappointed Christiana Betts to her first full three year term and appointed Robert A. Boester and Lewis Bellinger to three year terms, all of which will expire on November 30, 2011.

MOVER: Councilmember Angela Lee Leary.
19.08-0470to consider an appointment to the Parks and Recreation Advisory Board
ACTION: Appointed Walter A. “Bud” Porter to fill the unexpired portion of a term expiring on April 30, 2011.

MOVER: Councilmember Angela Lee Leary.
20.08-0472to consider appointments to the Community Policy and Management Team
ACTION: Appointed Wanda Rogers in the place of Walt Credle and to reappoint all other members to four year terms expiring on November 30, 2012.

MOVER: Councilmember Angela Lee Leary.
21.08-0474to consider appointments to the City of Hampton Sesquicentennial Committee.
ACTION: Deferred (12/17/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
22.08-0485to consider appointments to the Social Services Local Advisory Board
ACTION: Reappointed William C. Baker to a four year term expiring on November 30, 2012, and appointed Walter Credle to a four year term expiring on November 30, 2012, and Christine Woods to fulfill the unexpired portion of Jacqueline Tate’s term, which will expire on August 31, 2011.

MOVER: Councilmember Angela Lee Leary.
23.08-0488to consider appointments to the Hampton Senior Citizens Advisory Committee
ACTION: Appointed Wanda Rogers to the position held by Walter Credle and reappointed James E. Hinton and Zelma Holland to four year terms and appointed Martha Tennille to a four year term, all expiring on November 30, 2012.

MOVER: Councilmember Angela Lee Leary.
24.08-0489to consider an appointment to the Peninsula Public Sports Facility Authority
ACTION: Reappointed Jesse T. Wallace, Jr. to a term expiring on December 31, 2012.

MOVER: Councilmember Angela Lee Leary.
25.08-0490to consider appointments to the Wetlands Board.
ACTION: Reappointed David Morris to a five year term on the Wetlands Board expiring on December 30, 2013. An alternate position is open and Councilman Washington and Councilwoman Leary will conduct the interviews to fill the alternate position.

MOVER: Councilmember Angela Lee Leary.
Other Items
26.08-0484Appeal of Denial of Application for Certificate of Public Convenience and Necessity
ACTION: Denied

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
Audiences Granted to the General Public
  Dr. Theodore Reiff spoke on the issue of accessibility for handicapped and disabled individuals to address members of Council during their evening session.

George Baisley spoke on returning a portion of the rainy day fund to citizens and on the City's Go Green initiative as relates to the construction of new schools in Hampton.
Miscellaneous New Business
  Councilwoman Leary gave a brief report on her recent attendance at the National League of Cities Conference of Cities. The conference was also attended by Councilman Washington.
Adjournment