Last Publish on 11/19/2012 3:04:01 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 14, 2012
7:01:05 PM
W. H. "Billy" Hobbs, Jr., Will Moffett, Chris Snead, 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
INVOCATION - Councilman W.H. "Billy Hobbs, Jr.
  Councilman Hobbs gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward indicated that Councilman Stuart had requested to speak. Councilman Stuart stated that Hampton's first Commonwealth's Attorney, Skip Maust, recently passed away and asked that citizens keep the family in their prayers.
CONSENT AGENDA
Consent Items
1.12-0388Resolution Accepting and Appropriating Funds for the FY 2013 Comprehensive Services Act Pool Funds
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
2.12-0397Resolution Determining the Center for Therapeutic Justice to be the Only Source Practicable Available from Which to Procure "Inside" Community Treatment Project For Inmates Incarcerated in the Hampton Community Corrections Center and Authorizing the Negotiation and Execution of a Purchase Contract with the Center for Therapeutic Justice.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
3.12-0396Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2012 Residential Substance Abuse Treatment Grant (RSAT)
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
4.12-0398Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2009 State Homeland Security Program Grant through the Virginia Department of Emergency Management
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
5.12-0399Resolution to Accept and Appropriate the Virginia Association of Hazardous Materials Response Specialists (VAHMRS) Grant Funds Given to the City of Hampton-Division of Fire & Rescue in the Amount of $2,000.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
6.12-0401Resolution Requesting VDOT to Add the Attached List of New Streets on Fort Monroe to the State "Principal/Minor Arterial and Collector/Local" Street List
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
7.12-0402Resolution Determining Carlton Scale to be the Only Source Practicably Available From Which to Procure Mettler-Toledo Goods and Services and Authorizing the Negotiation and Execution of a Purchase Contract With Carlton Scale as a “Sole Source”
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
8.12-0406Resolution Approving FY2013 1st Quarter Budget Adjustments
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
9.12-0407Resolution Approving a 20’ x 315.8’ Utility and Access Easement (Totaling 6,316 Square Feet, More or Less) to Global Signal Acquisitions III, LLC on City Property Known as Newmarket Creek Canal (LRSN 3001817) Adjacent to Francis Mallory Elementary School Located at 331 Big Bethel Road (LRSN 3003405)
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
10.12-0408Ordinance To Amend And Reenact Chapter 2 Of The Code Of The City Of Hampton Entitled “Administration”, Section 2-36 To Address Cancellation Of Meetings, Section 2-43 To Address Removal of Consent Agenda Items And To Repeal Section 2-52 Entitled Minutes Of Closed Meetings.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
11.12-0419Approval of the minutes from the special meetings of October 3, 2012, and the afternoon, public comment and evening sessions of October 10, 2012.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
12.12-0422Resolution Authorizing the Appropriation of $205,689 from the Information Technology Fund Unrestricted Net Assets to Provide for an Upgraded and More Reliable E-mail Service.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings and Use Permits
13.12-0412Rezoning Application No. 1294-2011 by SCI Virginia Funeral Services Inc. to rezone a parcel (LRSN 13000760) totaling 14.495+ acres from One Family Residence (R-9) District to Rural Residential (R-R) District with conditions to permit the expansion of an existing cemetery.
ACTION: Presented by Donald Whipple, Senior City Planner.
ACTION: Held Public Hearing - a joint public hearing was held for 12-0412 and 12-0413. Lawrence G. Cumming, Counsel for the applicant, accompanied by James Stuart, the General Manager of the cemetery, addressed Council.
ACTION: Approved - subject to 9 conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
14.12-0413Use Permit Application No. 1072-2011 by SCI Virginia Funeral Services Inc. to construct and operate a cemetery on a parcel (LRSN# 13000760) totaling 14.495+ acres located west of the intersection of Vernon Stuart Drive and North Armistead Avenue.
ACTION: Presented by Donald Whipple, Senior City Planner.
ACTION: Held Public Hearing - a joint public hearing was held for 12-0412 and 12-0413.
ACTION: Approved - subject to 3 conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
15.12-0414Rezoning Application No. 1304-2012 by Virginia Health Services, Inc. to rezone 3.43+ acres at 1028 Topping Lane (LRSN 4000567) from Multiple Residence (R-M) District to conditional Neighborhood Commercial (C-1) to expand the building and number of beds permitted for the convalescent center.
ACTION: Presented by Michael Hayes, Senior City Planner.
ACTION: Held Public Hearing - a joint public hearing was held on 12-0414 and 12-0415. There were no speakers on the item.
ACTION: Approved - subject to 9 conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
16.12-0415Use Permit Application No. 1083-2012 by Virginia Health Services, Inc. at 1028 Topping Lane (LRSN 4000567) for the expansion of the existing building and number of beds permitted for the convalescent center.
ACTION: Presented by Michael Hayes, Senior City Planner.
ACTION: Held Public Hearing - a joint public hearing was held on 12-0414 and 12-0415. There were no speakers on the item.
ACTION: Approved - subject to 4 conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
Conditional Privilege
17.12-0410Conditional Privilege Application No. 130-2012: Proposal by Phoebus Investors, LLC c/o John W. Boone to provide live entertainment within an existing restaurant at 24 N. Mallory Street (LRSN 12001982).
ACTION: Presented by Tamaria Green, City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved - subject to 10 conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
18.12-0411Conditional Privilege Application No. 131-2012: Proposal by Tiffany Barber & Kimberly Williams T/A Mom’s Tot Spot CDC, to operate a Day Care 3 for up to 89 children at 502B Woodland Road [LRSN 11001717].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved subject to 10 conditions.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Christopher G. Stuart.
Resolutions
19.12-0400Amend Section 3.01 Of The City Charter Regarding The Election And Terms Of The Mayor And Councilmembers To Require Resignation Of Midterm Councilmembers Who Run For Office Of Mayor
ACTION: Held Public Hearing - Mayor Ward passed the gavel to Vice Mayor Wallace and did not participate in the discussion of this item.

Edwin M. Boone, Eddie Deerfield, Frank J. Ottofaro, Jr., Carole Garrison, David Braunbeck and John Krulis spoke in opposition to this proposed change to the City Charter.
ACTION: Deferred (12/12/2012)

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Donnie R. Tuck.
20.12-0403Amend Section 3.06 Of The City Charter To Require The First Meeting Of A Newly Elected Council To Occur At The First Regularly Scheduled Meeting Of City Council In July Following The Election.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
21.12-0404Amend Sections 3A-6, 3A-7, 3A-8 Of The City Charter Pertaining To Initiatives And 3A-10 And 3A-11 Of The City Charter Pertaining To Referendums To Increase The Number Of Electors Required To Petition To Amend, Repeal Or Enact An Ordinance.
ACTION: Held Public Hearing Eddie Deerfield and Carole Garrison spoke in opposition to this item.
ACTION: Approved - the motion failed due to the lack of a second.

MOVER: Vice Mayor George E. Wallace.
22.12-0405Amend Section 7.01 Of The City Charter Pertaining To The School Board To Reflect Current Law Regarding Election Of School Boards.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Christopher G. Stuart.
23.12-0395Resolution authorizing amendments to the Hampton Roads Center and Hampton Urban Enterprise Zone boundaries pursuant to the Virginia Enterprise Zone Act.
ACTION: Held Public Hearing - Mike Koontz, President of the Virginia Peninsula Chamber of Commerce spoke in favor of this item. Guian Fernanez had questions on the item which were address by Michael Yaskowsky, Acting Director of Economic Development. During this item, the Mayor took a 10 minute recess at 8:11 p.m. to allow those citizens present to ask questions of Mr. Yaskowsky.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
24.12-0409Resolution Authorizing The Execution Of A License Agreement Between The City Of Hampton And The Virginia Rowing Club, Inc. To Use A Portion Of The Shoreline Adjacent To The East Of The Harbor Center Parking Garage Along The Hampton River.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
General Items
Ordinances
25.12-0373Ordinance to approve an agreement between the cities of Hampton, Newport News, Poquoson and the county of York to construct and operate a Peninsula Regional Animal Shelter on property located at 5849 Jefferson Avenue in Newport News, and to authorize the execution and delivery of same.
ACTION: Deferred (12/12/2012)

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Chris Snead.
Appointments
26.12-0418Appointments to the Hampton Youth Commission
ACTION: Appointed Sarah Angel, Rickey Barnes, Duasiane Benjamin, Elaina Blake, Cara Brooks, Amon Crisden, Trevor Gear, Nicole Greene, Rodney Hendricks, Grace Kelley, Marquise Lee, Ciara Lewis, Howie Manuel, Luke Miller, Lexy Parsons, Ryan Ramsey, Rebecca Seeger, Sharmae Stringfield, Gabrielle Taylor, Semora Ward, Michael York, and Kayla Young.

MOVER: Councilmember Christopher G. Stuart.
27.12-0275Appointments to the Planning Commission.
ACTION: Deferred (1/9/2013)

MOVER: Councilmember Chris Snead.
SECONDER: Vice Mayor George E. Wallace.
  Mayor Ward read a statement prepared by the City Attorney summarizing the afternoon closed session: In closed session today, in addition to reaching consensus on appointments to the Youth Commission, the council (1) gave direction and guidance to the city manager, city attorney and outside legal consultant regarding its desired approach to the external administrative review of the actions of city employees involved in the police cigarette investigation; (2) received a presentation of the report of legal consultant Karen Michael regarding police division employee issues which the manager was asked to review for remedial action; and (4) received legal advice regarding continuation of a current employee benefit for the rest of the fiscal year and reached consensus to continue that benefit which is, specifically, payment of the group life insurance premium.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Councilman Tuck referred to Mr. Ottofaro's comments during public comment on asbestos issues with respect to the demolition of Harbor Square. He asked if the City Manager could address that. She responded that she needs to get documentation to properly respond but has requested it tomorrow and will communicate with Mr. Ottofaro and will provide additional information at the December Council meeting and also through Marketing INC.

Councilman Stuart asked if it might be a topic for a future Round Robin show.
Adjournment
  The meeting adjourned at 8:30 p.m.