Last Publish on 10/22/2009 5:03:12 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, October 14, 2009
7:50:41 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:
J. B. Oliver, Jr., Interim 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
CONSENT AGENDA
Consent Items
1.09-0405Approval of the Minutes from the Afternoon and Evening meetings of September 9, 2009, and September 23, 2009.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
2.09-0356Resolution Appropriating Funds from Uncompleted Capital Projects Funded with General Funds, Stormwater Funds, and Economic Development Funds.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
3.09-0393Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY09 Edward Byrne Memorial Justice Assistance Grant Program Through the United States Department of Justice.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
4.09-0394Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Highway Safety Grant Program through the Commonwealth of Virginia, Department of Motor Vehicle.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.09-0403Resolution Approving the Execution and Delivery of a Deed of Easement for a Replacement Sewer Force Main on Properties Owned by the City of Hampton Located at North Armistead Avenue to Hampton Roads Sanitation District
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
6.09-0406Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Department of Justice, Office of Community Oriented Policing Services Technology Grant.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
7.09-0407Resolution Approving the Allocation of the Funds for the Mercury Boulevard Resurfacing Project (City Project 09-CRS) and Commander Shepard Boulevard Phase 2 Right of Way (City Project 97-016)
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
8.09-0408Resolution Approving FY2009 Year End Budget Adjustments
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
9.09-0410Ordinance to amend and reenact Chapter 37 entitled “Taxation”, Article IA entitled “Property Exempt from Taxation by Designation and Classification”, Section 37-10 entitled “Effective Dates”, of the Code for the City of Hampton, Virginia to delete reference to “second reading”.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
10.09-0414Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Virginia Department of Criminal Justice Services, Criminal Justice Systems Improvement Grant.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
11.09-0415Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2010 Homeless Intervention Program Through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
12.09-0420Resolution Accepting and Appropriating Donation Funds from the Undesignated Fund Balance to the Hampton Fire & Rescue Budget for Donations Received by Hampton Fire & Rescue from October 7, 2008 to September 30, 2009.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
13.09-0421Resolution Accepting and Appropriating Donation from the Undesignated Fund Balance to the Hampton Fire & Rescue Budget for Donation Received for Purchasing Smoke Detectors for the Hearing Impaired.
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
14.09-0433Resolution Approving the City of Hampton's Participation and Appropriation of the Department of Energy, Energy Efficiency and Conservation Block Grant
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Randall A. Gilliland.
15.09-0436Approval of Hampton City Council Regular Meeting Schedule for 2010
ACTION: Approved item 1, 3 through 13, and 15 on the consent agenda. Items 2 and 14 were removed.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Use Permit
16.09-0422Use Permit Application No. 1060 by Gloria Dei Ministries, Inc. to partially fill the Gloria Dei Pit (formerly Rice's Pit) with inert materials. The property is located approximately 1400' north of the Fox Hill Road and Harris Creek Road intersection (31 Harris Creek Road) (LRSN#8003606, 8003605 and 8003591)
ACTION: Presented by Thomas Jordan, Senior City Planner.
ACTION: Held Public Hearing - There were no speakers in opposition to this item.
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
17.09-0423Use Permit Application No. 1057 by Cricket Communications Inc. to co-locate on an existing tower at 401 Ward Drive (LRSN# 1000750).
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
18.09-0424Use Permit Application No. 1058 by First Friends Church to allow the expansion of an existing private school at First Friends Church located at 1062 Big Bethel Road (LRSN# 4002744 & 4002747).
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - This was a joint public hearing with agenda item #09-0425. There were no speakers on the items.
ACTION: Approved - this vote included item #09-0425.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
Conditional Privilege
19.09-0425Conditional Privilege Application No. 103 by First Friends Church to allow the expansion an existing day care center 3 at First Friends Church located at 1062 Big Bethel Road (LRSN# 4002744 & 4002747).
ACTION: Presented
ACTION: Held Public Hearing - This was a joint public hearing with agenda item #09-0424. There were no speakers on the items.
ACTION: Approved - this vote included item #09-0424.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
Ordinances
20.09-0416Ordinance Exempting From Real Property Taxation Certain Property Located In the City of Hampton And Owned By BFSF Properties 2007, Inc. By Amending The Code Of The City Of Hampton, Virginia, By Adding A New Section to Chapter 37, Article IA, Section 37-5.01.
ACTION: Presented by Brian Gordineer, City Assessor, and Winter Benda, Deputy City Attorney.
ACTION: Held Public Hearing - There were three (3) speakers on this item.
ACTION: Denied

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
21.09-0417Ordinance Exempting From Real Property Taxation Certain Property Located In the City of Hampton And Owned By Housing Development Corporation of Hampton Roads By Amending The Code Of The City Of Hampton, Virginia, By Adding A New Section to Chapter 37, Article IA, Section 37-5.02.
ACTION: Held Public Hearing - the applicant withdrew their application so no Council action was necessary.
22.09-0456Resolution Setting Forth the Intent of the Hampton City Council to Adopt a Tax Exemption Moratorium Ordinance
ACTION: Adopted - this item was added to the agenda during the course of the meeting.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington, Jr..
Resolutions
23.09-0413Resolution authorizing the execution of a Lease Agreement between the City of Hampton and Darrell Clark for the residential use of 610 Oakland Avenue.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
Ordinances
24.09-0370Ordinance to amend and re-enact Article III, Chapter 34, Section 34-4 of the Code of the City of Hampton, Virginia pertaining to liability insurance for projecting awnings.
ACTION: Approved as amended - The insurance limit will be changed from $500,00 to the original amount of $100,000.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
25.09-0418Ordinance to amend and reenact Chapter 2 entitled “Administration”, Article III entitled “Officers and Employees Generally” by adding thereto a new section 2-113 entitled “Residency Requirement”.
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Joseph H. Spencer, II.
26.09-0419Ordinance to amend and reenact the Code of the City of Hampton, Virginia, Chapter 9 entitled “Building and Development Regulations”, Article IV entitled “Site Plans”, Section 9-168 entitled “Green Areas”, subsections (c), (d) and (f) to make “housekeeping” changes and subsection (g) to clarify requirements for landscaping bonds.
ACTION: Approved

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Joseph H. Spencer, II.
Resolutions
27.09-0402Resolution in support of the Newmarket Trail and the use of Alternative Funding Sources.
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Paige V. Washington, Jr..
28.09-0409Resolution of the City Council of the City of Hampton, Virginia, Approving the Creation of HRHA-Old Point Homes, LLC.
ACTION: Approved

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Randall A. Gilliland.
29.09-0411Resolution Appropriating Annual Revenue Requirements from Special Assessment Levied on Parcels Pertaining to H20 Community Development Authority (CDA) for the Fiscal Year Beginning July 1, 2009 and ending June 30, 2010.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
30.09-0412Resolution Appropriating Annual Revenue Requirements from Special Assessment Levied on Parcels in the Peninsula Town Center Community Development Authority (CDA) for Fiscal Year Beginning July 1, 2009 and ending June 30, 2010.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
31.09-0434Resolution Authorizing the Execution of First Amendment to Deed of Lease with the Commonwealth of Virginia, Department of General Services for 6,400 Square Feet of office Space at the Carmel Center, 136 Kings Way, Hampton, Virginia
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember George E. Wallace.
Appointments
32.09-0316to consider an appointment to the Hampton Federal Area Development Authority
ACTION: Appointed Susan Rotkis and William Lewis to the Hampton Federal Area Development Authority to serve unexpired portions of terms which expire on November 30, 2009, and November 30, 2010, respectively;

MOVER: Councilmember Angela Lee Leary.
33.09-0317to consider appointments to the Planning Commission
ACTION: Appointed Greg Williams to the Planning Commission to serve a four year term which will expire on August 31, 2013.

MOVER: Councilmember Angela Lee Leary.
ACTION: Appointed Gay LaRue to the Planning Commission to serve a four year term which will expire on August 31, 2013.


34.09-0384to consider an appointment to the Fort Monroe Federal Area Development Authority.
ACTION: Appointed Robert Wagner to the Fort Monroe Federal Area Development Authority to fulfill the unexpired portion of a term which will expire on March 31, 2013.

MOVER: Councilmember Angela Lee Leary.
35.09-0404to consider appointments to the Mayor's Committee for People with Disabilities
ACTION: Appointed Paula Ogiba, Sara Ruch, Sharon Warren and Renee Edwards to the Mayor’s Committee for People with Disabilities and their terms will expire on October 30, 2011. This appointment is by the Mayor and requires no second or vote.

MOVER: Mayor Molly Joseph Ward.
36.09-0427to consider appointments to the Neighborhood Commission
ACTION: Reappointed Karen Duncan, Valerie Twine, Willie Burrell, Robin Carpenter, and Tommy Southall to the Neighborhood Commission to serve four year terms which will expire on October 15, 2013.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Eddie Deerfield spoke on Council appointments.

Joan Charles spoke about the limitations on the time citizens are given to address Council.

Sandra Canepa spoke on public use of publically owned property in Buckroe.

James Quigley spoke about taxation.

Donnie Tuck spoke on budget cuts and asked that Council bear in mind that many Hampton residents have lost jobs or may lose jobs. He asked for a moratorium on the City purchase of real estate.

John Krulis spoke about sales prices on homes which are below assessed value.

Frank Ottofaro spoke about his property on Pine Chapel Road.

Sherry Davis spoke on the issue of childhood obesity.

Carol Garrison thanked Council for their support in the Back River dredging project.

Miscellaneous New Business
  Councilwoman Leary announced that, at the request of the SCLC, she has agreed to host the public meetings for the candidates for the 91st District House of Delegates seat, for Governor, and for Sheriff. The 91st District debate will take place on October 22nd at 6 p.m. At 7:30 p.m. Creigh Deeds will be present to answer questions. On October 23rd at 6 p.m., Bob McDonnell will be present to answer questions and that will be followed by a debate by the candidates for Sheriff at 7:30 p.m. All will take place in Hampton City Council Chambers.

She expressed thanks to the Military Affairs Committee and to the Department of Parks and Recreation and to its Director, Jim Wilson, for their work on the very successful September 11th ceremony.
Adjournment