Last Publish on 1/14/2015 7:53:39 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, January 14, 2015
6:31:53 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Teresa V. Schmidt, Chris Snead, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Will Moffett
  Councilman Moffett gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace took a moment to acknowledge Matthew VanHorn a sixth grade scout who attends Our Lady of Mayor Carmel School and who is working on Citizenship in the Community badge.

The Mayor also made an announcement explaining that public hearings scheduled for tonight were postponed until January 28, 2015, due to a mistake in publication of the required legal notice ad by the Daily Press.
CONSENT AGENDA
Consent Items
1.14-0470Rezoning Application No. 14-00004: Proposal by Mawusi Scott Properties II, LLC to rezone + 4.606 acres at 3217 Commander Shepard Boulevard (LRSN 6000976) and (LRSN 6000977) in the Langley Research and Development Park from Limited Manufacturing (M-1) District to Limited Commercial (C-2) District with proffers, to facilitate the development of a day care, greenhouse, and a second-hand store. Approval of this application would permit a day care establishment for children, a greenhouse for growing fruits, vegetables, and plants, and a second-hand store. This application accompanies Use Permit Application No. 14-00016 for Day Care 3, where the applicant is requesting permission to operate a day care for a maximum of 100 children, ages 0 months to 12 years old.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
2.14-0471Use Permit Application No. 14-00016: Proposal by Mawusi Scott Properties II, LLC to operate a Day Care 3 in an existing building at 3217 Commander Shepard Boulevard (LRSN 6000976) in the Langley Research and Development Park. This application accompanies Rezoning Application No. 14-00016 to rezone the property listed above as well as an adjacent property, LRSN 6000977, from Limited Manufacturing (M-1) District to Limited Commercial (C-2) District with proffers, which if approved, would permit a Day Care 3 subject to approval of a use permit.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
3.15-0030Rezoning Application No. 14-00009: by LF Enterprises, LLC to rezone 8.0+ acres at 960, 1014, 1018, and 1020 Big Bethel Road (LRSNs 4001445, 4001446, 4001448 & 4001447) from Limited Commercial (C-2) District with conditions and One Family Residence (R-11) District to Multiple Dwelling (MD-3) District with conditions for a maximum of sixty townhouse style, multi-family residences. The Hampton Community Plan (2006, as amended) recommends mixed-use and low density residential for this area. Copies of documents or information concerning this proposal may be obtained from the Community Development Department located in Hampton City Hall at 22 Lincoln Street or from Mike Hayes, 757-728-5244 or mdhayes@hampton.gov.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
4.15-0001Resolution Requesting the Virginia Department of Transportation to Program a Bridge Replacement Project at the Bridge Street Over Salters Creek
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
5.15-0002Resolution Approving the Appropriation of $15,000.00 Over a Five-Year Period, in Partnership With U.S. Geological Survey, to Operate and Receive Data From a Tidal Monitoring Station Located on the Hampton River at the Bickford Bridge on E. Pembroke Avenue
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.15-0003Resolution Approving the Appropriation of Additional Funds to the Capital Projects Fund for a VDOT HSIP Project at Executive Drive and Marcella Road
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
7.15-0004Resolution Authorizing the Transfer from the City of Hampton to the Economic Development Authority of the City of Hampton Two Lots in Phoebus: LRSN: 13000219 known as 50 North Mallory Street, and LRSN: 12001979 known as 42 North Mallory Street.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
8.15-0005Resolution Approving the Appropriation of Additional Funds to the Capital Projects Fund for a VDOT Urban Project Commander Shepard Boulevard Phase 2
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.15-0006Ordinance To Repeal Non-Coded Ordinances #701, #950 and #1044
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
10.15-0010Ordinance to Amend and Reenact Article III of Chapter 2 Entitled "Officers and Employees Generally" of the City Code of the City of Hampton, Virginia by Adding Section 2-114 Pertaining to the Legal Department.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
11.15-0011Ordinance to Amend and Reenact Chapter 21, "Motor Vehicles and Traffic", Article I, "In General", of the City Code of the City of Hampton, Virginia, by Amending Section 2-18, "Use of Video-Monitoring Systems to Enforce Law Against Passing Stopped School Buses Authorized."
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
12.15-0012Resolution Approving the City of Hampton, Virginia's Participation and Appropriation 2014 State Homeland Security Program Grant-Disaster Outreach Targeting Tourist Population, through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
13.15-0013Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2014 State Homeland Security Program Grant - Regional Shelter Planning, Training, Exercise and Equipment, Through the Virginia Department of Emergency Management.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
14.15-0014Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2014 State Homeland Security Program Grant - Citizen Corps Program, though the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
15.15-0015Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2014 Local Emergency Management Performance Grant through the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
16.15-0016Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Walmart Community Grant through the Walmart Foundation
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
17.15-0023Approval of the minutes from the special meeting of September 24, 2014, and the afternoon meeting of November 12, 2014.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
18.15-0024Request for Refunds for Tax Year 2014
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
19.15-0029Resolution to Approve the Amendment of the Service Agreement of the Hampton Roads Regional Jail Authority
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
20.14-0468Presentation of Digital Cities Award
ACTION: Presented by Councilman Moffett to Dacia Hollis, Web Content Manager, who accepted on behalf of the Marking and Information Technology departments of Hampton.
21.15-0031Government Finance Officer's Award for Distinguished Budget Presentation
ACTION: Presented by Councilwoman Snead to Brian DeProfio, Director of Budget & Strategic Initiatives.
22.15-0032Hampton Department of Fleet Services recognized by Governing Magazine as one of the 100 Best Fleets in North America.
ACTION: Presented by Councilman Hobbs to Rick Russ, Director of Fleet Services.
23.15-0033Hampton Department of Fleet Services recognized by the National Institute for Automotive Service Excellence (ASE) Blue Seal of Excellence Program
ACTION: Presented by Councilman Hobbs to Rick Russ, Director of Fleet Services.
PUBLIC HEARINGS
General Items
Ordinances
24.15-0008Ordinance to Amend and Reenact Chapter 13.1 of the City Code of the City of Hampton, Virginia Entitled “Land Disturbing Operations,” by Amending Section 13.1-3, Exemptions from Chapter; Section 13.1-6, Permit and Application Fee; and Section 13.1-12, Single Family Detached Residences, to Increase the Land Disturbing Threshold to the Allowable State Limit Set Forth in Virginia Code §§ 62.1-44.15:51 through 62.1-44.15:66 and to be Consistent with the Exemptions as Set Forth Therein
ACTION: Presented by Veronica Meade, Senior Assistant City Attorney.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
25.15-0009Ordinance to Amend and Reenact Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management,” by Amending Section 33.2-8, Exemptions, and Section 33.2-12, Water Quality Impact Assessment, to be Consistent with the Exemptions and Allowable State Limits as Set Forth in Virginia Code §§ 62.1-44.15:34 through 62.1-44.15:49
ACTION: Presented by Veronica Meade, Senior Assistant City Attorney.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
Appointments
26.14-0467to consider appointments to the Citizens' Unity Commission and CEAC
ACTION: Appointed Councilman Moffett as the City Council liaison and Steve Bond, Assistant City Manager, as the City Manager's representative. A citizen appointment was deferred until January 28, 2015.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
27.14-0482to consider an appointment to the Economic Development Authority
ACTION: Appointed Rick Bagley to serve the unexpired portion of a term which will expire on March 31, 2018.

MOVER: Councilmember Linda Curtis.
Rezonings
Use Permits
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
28.14-0477Briefing on the Hampton Preliminary Flood Map 7/31/14
ACTION: Presented by Gayle Hicks, Water Resources Engineer.
Miscellaneous New Business
Public Comment
  William E. Webster spoke about work he believes is unfinished and indicated that the Mayor was disrespectful to him.

David Dietrich spoke about the recent killing of two New York City police officers and asked that Council support a state law protecting the citizens of Hampton.

Joseph R. King indicated that the Council represents all of the people in Hampton. He spoke about a personal legal matter he is facing and his plans to go to "10 On Your Side."

Ms. Pat Pittman spoke on the townhomes proposed for Big Bethel Road. She is hoping with the changes that more people will support Mr. Crocker's proposal.

Hugh Bassette spoke on behalf of the Old Northampton neighborhood and their request to become part of the Hampton Housing Venture program.

Heide Langdon signed up to speak but left before the public comment period.

Leon Robertson spoke on behalf of others under financial hardships. He shared that Ms. Bunting has made herself available to the employees on the issue of salaries. He thanked Council for listening.

Michael Wisniewski spoke on behalf of the city employees and others who spoke about financial hardships. They want to work together to find a solution. He indicated that ideas have been shared and understand their position. They will continue to contribute as we move forward together.

Frank Ottofaro, Jr. thanked Council for allowing additional time for citizens to sign up to speak during the public comment period. He restated his father's allegations about being treated unfairly during the development of the Power Plant. He continues to request that Pine Chapel Road be renamed recognizing his father. He also mentioned the recent passing of former Delegate Tom Gear's wife.

Councilman Tuck complimented Ms. Pittman on her gumption for speaking tonight and on her passion for her neighborhood. She stated that she supports the efforts Mr. Crocker is making to amend his proposal. He also stated to Mr. Bassette that it was awkward to hear that Councilwoman Schmidt was the only one to help him when the e-mail Mr. Bassette spoke of was provided by him.

Councilman Moffett expressed disappointment in Mr. Bassette's comment that the city has neglected Old Northampton. He lives in the neighborhood and knows of significant investment in that area.

Vice Mayor thanked Officer Robertson and Officer Wisniewski for their comments tonight and expressed the Council's commitment to working on the issue.

Mayor Wallace addressed the challenge to reduce taxes. He also challenged Mr. Webster's earlier comments.
Adjournment
  The meeting was adjourned at 7:53 p.m.