Last Publish on 10/21/2005 10:41:33 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, September 14, 2005
7:33:42 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
A. Paul Burton, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilmember Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor spoke briefly on the closure of Ft. Monroe and on the reuse process.
  The City Manager spoke on the emergency need to dredge the Salt Ponds inlet and indicated that the initial dredging should take place next week. Councilman Tignor spoke about the extension of the jetty which will also aid this problem.
  The City Manager spoke on the economic impact the closure of Ft. Monroe will have upon our community. There will be modification of the City's budget process which will prioritize the budget to activities as opposed to being based by departments. This will allow flexibility and the ability to modify the budget to meet changing conditions.
CONSENT AGENDA
Consent Items - First Reading
1.05-0607Proposed acquisition of property, known as 216 Pine Chapel Road, from Steven A. Merryman.
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
2.05-0608Resolution approving FY05 Year End Budget Adjustments.
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
3.05-0029Request For Refunds of Erroneous Tax Assessments
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
4.05-0122Request for Refund of Erroneous Tax Assessments
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
Consent Items - Other
5.05-0587Approval of Council Minutes: Joint Planning Commission and City Council Meeting of August 10, 2005; Council's Afternoon and Evening Sessions of August 10, 2005; Press Conference of August 24, 2005; and Council's Special Meeting of August 30, 2005.
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
6.05-0546Vacation Agreement between the Hampton Redevelopment and Housing Authority and the City of Hampton
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
7.05-0572Resolution Authorizing the Conveyance of a Small Parcel of Land at the Northeast Corner of Franklin Street and Old Hampton Lane and a Small Parcel of Land at the Southeast Corner of Franklin Street and Queen's Way to the Hampton Redevelopment and Housing Authority.
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
8.05-0573Resolution Declaring Old Hampton Lane from Settler's Landing Road North and then East to Merchant Lane and Franklin Street from Queen's Way South to Settler's Landing Road as Public Rights-of-Way.
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
9.05-0574Temporary, Nonexclusive, Revocable License Agreement between the City of Hampton and Wavelength Technologies, Inc.
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
10.05-0575Local Government Challenge Grant from the Virginia Commission for the Arts
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
11.05-0576Resolution Approving the Recommendation of the Military Affairs Committee to Permit it to Raise Money to Fund a War Memorial and Other Tributes to Military Service
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
12.05-0578Ingress, Egress and Utility Easement Agreement between the City of Hampton and Richmond 20MHz, LLC, d/b/a NTelos.
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
13.05-0588Proposed Acquisition of Property, Known as 229 Herbert Avenue, from Maria Adeza Partners, LLC.
ACTION: Approved Items 1 through 13 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
14.05-0606Resolution determining Lipman Frizzell & Mitchell, LLC to be the only source practicably available to render certain advisory services and authorizing the negotiation and execution of a services contract with Lipman Frizzell & Mitchell, LLC.
ACTION: Approved - Councilwoman Leary voted in opposition to this matter and provided the Clerk of Council with an outline of her reasons for doing so. This communication has been made a part of the official meeting record.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Randall A. Gilliland.
15.05-0031Petition for Destruction of Files by Hampton City Treasurer.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
16.05-0568In Recognition of the First Civil Engineer Squadron, Langley Air Force Base.
ACTION: Deferred - Due to the approach of Hurricane Ophelia, the recipients requested this matter be deferred until the next meeting of Council.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
17.05-0063Briefing on Hampton Disaster Readiness
Information presented by Pete Sommer, Emergency Management Coordinator/Senior Police Planner.
18.05-0534Presentation regarding the 2005 United Way Campaign.
ACTION: Deferred - Due to the impending threat of Hurricane Ophelia, the presenter had to leave the meeting prior to his presentation.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
PUBLIC HEARINGS
Rezonings - Second Reading
19.05-0520Rezoning Application No. 1206 by LTD Management, Inc. to Amend the Proffers from Previous Rezoning #995 for 6.9+ acres at 1766 and 1776 West Queen Street to Allow Hotels in this Existing Limited Commercial (C-2) District.
ACTION: Adopted on Second and Final Reading subject to fourteen (14) conditions.
Rezonings - First Readings
20.05-0566Rezoning Application No.1207 by Maurice Johnson to rezone 0.27+ acres at 2600 West Pembroke Avenue from General Commercial (C-3) District to Multiple Dwelling (MD-4) District for apartments in an existing building which lost its legal nonconforming status.
ACTION: Denied

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
21.05-0567Rezoning Application No.1213 by Claude Lym to rezone 0.67+/- acres fronting 205 +/- along the east side of Big Bethel Road beginning 510’+/- north of its intersection with Todds Lane from Neighborhood Commercial (C-1) District to General Commercial (C-3) District with conditions for the expansion of an existing self storage facility
ACTION: Adopted on First Reading subject to six (6) conditions.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
22.05-0579Rezoning Application No.1210 by Thomas Chandler to rezone 7.0+/- acres at 2809 North Armistead Avenue from One Family Residence (R-11) District to General Commercial (C-3) District for self storage units.
ACTION: Adopted on First Reading subject to (three) 3 conditions.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
23.05-0580Rezoning Application No.1211 by Frank Cotrupi to rezone 3.7+/- acres at 1343 Big Bethel Road from One Family Residence (R-11) District to General Commercial (C-3) District for self storage units and 6.4+/- acres Residential Transition (R-T) for an office.
ACTION: Adopted on First Reading subject to four (4) conditions.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
General Items
Ordinances
24.05-0589An Ordinance to amend and reenact Chapter 2 of the City Code of the City of Hampton, Virginia by creating a New Article XVI, Titled “ The “H2O Community Development Authority”.
ACTION: Adopted on First Reading

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Angela Lee Leary.
25.05-0600ORDINANCE TO AMEND CHAPTER 9 OF THE CODE OF THE CITY OF HAMPTON, BY ADDING ARTICLE VIII, REGISTRATION AND INSPECTION OF RENTAL DWELLING UNITS.
ACTION: Adopted as Amended on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
ACTION: Adopted on Second and Final Reading as Amended

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
  ACTION: Moved to Extend the Meeting Beyond its Time Limit

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
Appointments
26.This number was intentionally left blank
27.05-0554Appointment to Peninsula Disability Services Board.
ACTION: Deferred (9/28/2005)
28.05-0564Appointments to the Golf Course Advisory Committee.
ACTION: Deferred (9/28/2005)
29.05-0581Appointment to the Hampton Employees' Retirement System (HERS) Board.
ACTION: Deferred (9/28/2005)
30.05-0582Appointments to the Hampton Arts Commission.
ACTION: Deferred (9/28/2005)
31.05-0593Appointment to the Federal Area Development Authority
ACTION: Deferred (9/28/2005)
32.05-0594Appointment to the Social Services Local Advisory Board
ACTION: Deferred (9/28/2005)
33.05-0533Appointments to Hampton Senior Citizens' Advisory Committee
ACTION: Deferred (9/28/2005)
34.05-0602Appointment to the Hampton Clean City Commission.
ACTION: Deferred (9/28/2005)
35.05-0603Appointment to Grievance Board.
ACTION: Appointed Gary Koerber to a term which expires on June 30, 2009.
36.05-0604Appointment to Peninsula Agency on Aging, Inc.
ACTION: Deferred

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
Conditional Privilege - Review
37.05-0571Reevaluation of Conditional Privilege No. 76 for live entertainment at Mary Helen's, a restaurant located at 87 Lincoln Street.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
Other Items
38.05-0289Buckroe Master Plan and the Downtown Hampton Master Plan
ACTION: Moved to amend the original motion to defer this matter until the next Council meeting on September 28, 2005.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
ACTION: Moved to approve motion as stated in the afternoon session with the removal of all references to the Downtown Hampton Master Plan.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Randall A. Gilliland.
39.05-0291A Resolution Appropriating $350,000 for the Emergency Dredging of Salt Ponds from Unallocated Bond Funds.
ACTION: Approved

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
40.05-0311Adoption of Finance Committee's "Guide for Financial Analysis of Economic Development Projects."
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
41.05-0325Appointment to the Industrial Development Authority.
ACTION: Deferred

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
42.05-0309Addition of Division 7 entitled, "Fuel Charge" to the current City Code Chapter relating to vehicles for hire.
ACTION: Adopted on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
43.05-0429Consideration of an Employment Contract for the City Manager
ACTION: Approved the employment contract of the City Manager, Jesse T. Wallace, Jr. and authorized the Mayor to execute it on behalf of the City of Hampton. The contract called for an annual base salary of $160,000 plus longevity pay, $18,000 in deferred compensation, a $8,100 car allowance, and an insurance package. The contract runs from June 8, 2005, through June 30, 2006.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
Audiences Granted to the General Public
  Mason Aminali, 309 E. Mercury Blvd., requested that Council consider changing the sign ordinance to allow him to utilize festoons. This matter was referred to the City Manager.
  Frank J. Ottafaro, 63 Wheatland Drive, addressed Council indicating concerning the condemnation of his property.
Miscellaneous New Business
  Councilwoman Leary thanked the participants in the Day of Rememberance and Hope on September 11, 2005, and relayed that children's art work in connection with the event will be displayed at City Hall at a later date.
Adjournment