Last Publish on 9/25/2014 9:57:29 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 10, 2014
6:29:07 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
  The invocation was given by Councilman Will Moffett.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.14-0349Approval of the minutes from the public comment period of May 14, 2014; the afternoon session of May 28, 2014; the public comment period of June 11, 2014; the public comment period of August 13, 2014; and the evening session of August 13, 2014.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
2.14-0353Ordinance 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; Section 33.2-12, Water Quality Impact Assessment; and Section 33.2-14, Exceptions to Comply with Amendments to §§ 62.1-44.15, Et Seq. of the Code of Virginia and Other Housekeeping Amendments
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
3.14-0357Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2015 Virginia Homeless Solutions Program Grant Through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
4.14-0358Resolution Appropriating Funds for Uncompleted Capital Projects Funded with General Funds, Stormwater Funds, and Economic Development Funds.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
5.14-0359Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2015 Public Safety Answering Point Grant through the Virginia E-911 Services Board
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
6.14-0360Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2014 Edward Byrne Memorial Justice Assistance Grant through the United States Department of Justice.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
7.14-0361Resolution Authorizing an Advance of $1,000,000 to the Parks and Recreation Maintenance Projects and $75,000 to the Blighted Property Acquisition and Demolition Projects from the City's General Fund Unassigned Fund Balance. The advance funding will be returned to the General Fund Unassigned Fund Balance from the proceeds of the City's 2015 General Obligation Bond Series when issued.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
8.14-0363Resolution determining Taser International to be the only source practicably available from which to procure a Body Worn Camera System and Evidence Storage System for the Police Division and authorizing the negotiation and execution of a purchase contract with Taser International.
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
9.14-0381Annual Review of the Hampton-Newport News Community Service Board FY15-16 Performance Contract
ACTION: Approved items 1 through 9 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
10.14-0370Zoning Ordinance Amendment 142-2014: by the City of Hampton VA to Amend and Reenact Chapter 17.3 of the Zoning Ordinance of the City of Hampton, Virginia by Amending: Sections 17.3-120 through 17.3-121 and 17.3-123 of Article XVI Entitled, “SPI-IH---Infill Housing District,” Pertaining to Development on Substandard Lots in the R-8, R-9, R-11, and R-13 Zoning Districts.
ACTION: Presented by Mike Hayes, Senior City Planner. Items 10, 12 and 17 were heard together.
ACTION: Held Public Hearing - Melissa M. Wilmer spoke regarding these items.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
11.14-0371Ordinance To Amend And Re-Enact Chapter 2.1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 2.1-2 Pertaining To The Definition Of Height, Chapter 17.3, Article V Of The Zoning Ordinance of the City of Hampton, Virginia Entitled “Flood Zone District” by amending sections 17.3-31.2, 17.3-32, 17.3-33.1, 17.3-33.2 17.3-33.3, 17.3-34.1, 17.3-34.2, 17.3-34.3, 17.3-34.8 And Adding A New Section 17.3-34.9 Pertaining To Construction Requirements For New Construction And Substantial Improvements For Properties Located Within Flood Zone Districts.
ACTION: Presented by David Stromberg, Senior Zoning Official.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
12.14-0372Zoning Ordinance Amendment 147-2014: by the City of Hampton VA to Amend and Reenact Chapter 19 of the Zoning Ordinance of the City of Hampton, Virginia by Amending Article III Entitled, “Parking Credits” to Add a New Section 19-9 Pertaining to Parking Exemptions and Reductions in the SPI-IH Infill Housing District.
ACTION: Presented by Mike Hayes, Senior City Planner. Items 10, 12 and 17 were heard together.
ACTION: Held Public Hearing - Melissa M. Wilmer spoke regarding these items.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
13.14-0373Ordinance to Amend and Reenact Chapter 18.1 Entitled, “Signs” of the Zoning Ordinance of the City of Hampton, Virginia By Amending Section 18.1-13 Pertaining to Nonconforming Signs.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
14.14-0374Ordinance to Amend and Reenact Chapter 2.1 Entitled, “Definitions” of the Zoning Ordinance of the City of Hampton, Virginia By Amending Section 2.1-2 Pertaining to Adult Care Residences, Families, and Group Homes.
ACTION: Held Public Hearing - there were no speakers on this item. Items 14 and 15 were heard together.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
15.14-0375Ordinance to Amend and Reenact Chapter 2 of the Zoning Ordinance of the City of Hampton, Virginia by Amending Sections 2-2 Entitled, “Table of Uses Permitted” and 2-3 Entitled, “Additional Standards on Uses” Pertaining to Development Standards for Adult Care Residences, Group Homes, Juvenile Residences, Orphanages, and Shelters.
ACTION: Held Public Hearing - there were no speakers on this item. Items 14 and 15 were heard together.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
16.14-0376Ordinance to Amend and Reenact Chapter 25 of the Zoning Ordinance of the City of Hampton, Virginia by Amending Sections 25-2 Entitled, “Review Process for Building and Land Disturbing Permits,” 25-2.1 Entitled “Physical Property Survey,” 25-2.2 Entitled, “Submitted Plans; Exceptions,” and 25-2.3 Entitled, “Copy of Plan” Pertaining to the Review Process for Building, Zoning, and Land Disturbing Permits and the Application Materials Required.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
17.14-0377Zoning Ordinance Amendment 153-2014: by the City of Hampton VA to Amend and Reenact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia By Amending Section 1-22 Entitled, “Substandard Lots” Pertaining to Development on Substandard Lots.
ACTION: Presented by Mike Hayes, Senior City Planner. Items 10, 12 and 17 were heard together.
ACTION: Held Public Hearing - Melissa M. Wilmer spoke regarding these items.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
Other Public Hearings
18.14-0378FY14 Consolidated Annual Performance and Evaluation Report (CAPER)
ACTION: Presented by Jonathan McBride, Neighborhood Development Associate II, who introduced Daniel Best, Neighborhood Grant Administrator, to give the presentation. Additional information was provided by Aaru Ma'at of the Hampton Redevelopment and Housing Authority.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
Resolutions
19.14-0354Resolution to Create the Fox Hill Townhome Rental Inspection District
ACTION: Deferred (9/24/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
Ordinances
20.14-0355Ordinance to Amend and Reenact Chapter 9, Article VIII of the Code of the City of Hampton Entitled “Identification and Inspection of Rental Dwelling Units”.
ACTION: Deferred (9/24/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
21.14-0368Ordinance to Amend and Reenact Chapter 35 of the City Code of the City of Hampton, Virginia by Amending: Article I Sections 35-7 Entitled “Exceptions” and 35-13 Entitled, “Master Plan for Phased Subdivisions”; Article II Section 35-23 Entitled, “Contents”; Article IV Section 35-67 Entitled, “Stormwater Drainage System”; and Article V Sections 35-103 Entitled, “Contents” and 35-108 Entitled, “Construction and Maintenance of Public Improvements; Performance Bond in Lieu of Installation; Maintenance Bonds; Release of Bonds,” Pertaining to the Citation for the Stormwater Management Chapter in the City Code.
ACTION: Held Public Hearing - there were no speakers on this item. Items 21 and 22 were heard together.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
22.14-0369Ordinance to Amend and Reenact Chapter 35.1 of the City Code of the City of Hampton, Virginia by Amending: Article I Sections 35.1-2 Entitled, “Application and Scope of Chapter; Definitions,” 35.1-3 Entitled, “Administration and Enforcement of Chapter,” 35.1-7 Entitled, “Exceptions,” and Section 35.1-10 Entitled, “Compliance with Other Ordinances”; Article II Sections 35.1-22 Entitled, “Contents of a Site Plan” and 35.1-25 Entitled, “Review of a Site Plan – Approval or Disapproval Generally”; Article III Sections 35.1-41 Entitled, “General Requirements” and 35.1-50 Entitled “Stormwater Management Facilities”; and Article IV Section 35.1-106 Entitled, “Construction and Maintenance of Public Improvements; Performance Bond; Release of Performance Bond,” Pertaining to the Citation for the Stormwater Management Chapter in the City Code.
ACTION: Held Public Hearing - there were no speakers on this item. Items 21 and 22 were heard together.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
23.14-0356Ordinance Granting a Franchise to Metro Fiber Networks, Inc. (“Grantee”) for the Term and Upon the Conditions Herein Stated to Occupy and Use the Public Streets and Public Alleys in the City of Hampton, Virginia (the “City”) to Install, Maintain, Upgrade, Repair, and Remove Cable, Optical Fibers, Wires, Electrical Conductors, Conduits, Subways, Manholes, and Other Equipment and Fixtures of a Telecommunications System in the Corporate Limits of the City of Hampton, Virginia
ACTION: Presented by Chris Swartz, VDOT Senior Civil Engineer/Project Manager.
ACTION: Held Public Hearing - Gary Tarpley, President of Metro Fiber Network and Allen Tanner, their counsel, were present. Mr. Tanner briefly spoke.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
General Items
Ordinances
24.14-0352Ordinance To Amend And Reenact Chapter 5 Of The Code Of The City Of Hampton, Entitled “Animals”, Article II “Agricultural Animals” By Amending Section 5-24.1(a) To Increase The Number Of Chickens Permitted On Lots With A Single Family Residence As The Primary Use From Four To Up To Six Chickens
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
Resolutions
25.14-0350Resolution Approving a Governor’s Development Opportunity Fund Performance Agreement by and Among the City of Hampton, Virginia (the “City”), the Economic Development Authority of the City of Hampton (the “Authority”) and Howmet Castings & Services, Inc. (“Howmet”); Approving a Grant of City Funds to the Authority to Match and Supplement the Governor’s Opportunity Fund; and Transferring Proceeds Received From the Governor’s Development Opportunity Fund Grant to the Authority.
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
Appointments
26.14-0348to consider an appointment to the Grievance Board
ACTION: Appointed Karl Gunther in the place of Teresa Schmidt until June 30, 2016 and appointed Jimmy Gray in the place of Bob Killen as an alternate.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
27.14-0365to consider an appointment to the Hampton Parking Authority
ACTION: Appointed Suzanna Scott in the place of Victor Hellman.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
28.14-0366to consider appointments to the Golf Course Advisory Committee
ACTION: Appointed Waymon Murphy to a first term expiring on September 30, 2018, and reappointed A. G. Womble and Pat Uribes to second four year terms which will expire on September 30, 2018.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
29.14-0367to consider an appointment to the Finance Committee
ACTION: Appointed David Duxbury for a two year term expiring on September 30, 2016.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
30.14-0380to consider an appointment to the Arts Commission.
ACTION: Appointed Olga Ruffin for a two year term expiring on September 30, 2018.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
31.14-0246to consider the appointment of council liaisons to various Boards, Commissions and Committees.
ACTION: Appointed Hampton Arts Commission – Linda Curtis in the place of Chris Stuart

National Aeronautics Support Team (NAST) – Billy Hobbs in the place of Chris Stuart

Hampton Tourism Advisory Committee – Teresa Schmidt in the place of Chris Stuart and Billy Hobbs remains

Greater Peninsula Workforce Development Consortium (Alternate) – Billy Hobbs in the place of Chris Stuart

Cultural Alliance of Greater Hampton Roads – Teresa Schmidt in the place of Chris Stuart

Office of Human Affairs – Will Moffett in the place of Chris Stuart and Chris Snead, Billy Hobbs and George Wallace to remain

Town & Gown – Donnie Tuck, Billy Hobbs (Alternate)

Hampton Roads Regional Jail Authority – Chris Snead & Donnie Tuck (Alternate)

Virginia Living Museum – Donnie Tuck

Hampton FADA – Chris Snead and Linda Curtis

Office of Human Affairs – Chris Snead, Billy Hobbs, George Wallace

Finance Committee – Chris Snead and Linda Curtis

Virginia First Cities – George Wallace

Greater Workforce Development Consortium – Will Moffett

Hampton Clean City Commission – Teresa Schmidt

Hampton Arts Commission – Billy Hobbs (Alternate)

Peninsula Public Sports Facility Authority – Billy Hobbs, Will Moffett (Alternate)

Virginia Peninsula Chamber of Commerce – Billy Hobbs

FEMA Emergency & Food Shelter Program – Will Moffett

Hampton Roads Planning District Commission (HRPDC) – Chris Snead in the place of Will Moffett, George Wallace remains

Hampton Roads Transportation Planning Organization (HRTPO) – George Wallace, Will Moffett (Alternate)

Hampton Roads Air Quality Control Committee (HRAQC) – George Wallace

National Aeronautics Support Team (NAST) – Linda Curtis

Hampton Military Affairs Committee – Will Moffett

Hampton Military History Foundation – Will Moffett

1619 Commission – Will Moffett

Purchasing & Procurement Oversight Committee (PPOC) – Linda Curtis

Mayor’s Committee for People with Disabilities – George Wallace

Hampton Roads Military and Federal Facilities Alliance (HRMFFA) – George Wallace

Peninsula Airport Commission – George Wallace

Planning Commission – Teresa Schmidt

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
32.14-0379to consider the appointment of a delegate, delegate alternate, and staff assistant to be the voting representative of Hampton at the Urban Section meeting of the Virginia Municipal League.
ACTION: Appointed George Wallace as Hampton’s voting delegate and named Laura Bateman as the staff assistant.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
33.14-0274to consider an appointment to the Hampton Redevelopment and Housing Authority (HRHA)
ACTION: Appointed James L. Eason, Jr. in the place of Eleanor Brown to serve a four year term expiring on September 30, 2018.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The City Manager acknowledged the retirement of James Gray as Assistant City Manager, and welcomed Steve Bond, who was formerly a member of the City Attorney's staff, who is Mr. Gray's successor.

Vice Mayor Curtis acknowledged the efforts of the Hampton Police Division during the recent flooding incident to include their social media communications relative to specific areas of flooding. She shared that this was during Steve Bond's first two days in his new position. Ms. Bunting also acknowledge the efforts of the Fire Division and the Department of Social Services.
Miscellaneous New Business
  Councilman Tuck indicated that the Mill Point Homeowner's Association wanted to thank the City for the upcoming concert series to take place on Friday nights in Mill Point Park.

Councilman Tuck asked when the results of the disparity study would be presented to Council. James A. "Pete" Peterson indicated it will be presented on September 24th.

Councilman Tuck previously asked about the parking problems sometimes caused by special events. The parking garage is typically free but some employees apparently had to pay to park their during Bay Days. He suggested that patrons of Downtown businesses might be able to present a stamped ticket or something to allow them to part without charge.
Public Comment
  Frank J. Ottofaro, Jr. spoke on the Ottofaro case.

Andy Puckette, Rhonda Puckette and Edwin M. Boone spoke on the elderly and disabled real estate tax changes.

Sylvester L. Artis, II and Eddie Deerfield spoke about parking problems downtown businesses experienced during Bay Days.

David Dietrich spoke on City Council policy and the National Defense Authorization Act. Mayor Wallace indicated to Mr. Dietrich that the topic he wished Council to address was outside of the purview of the City Council and that he had sent a letter to Mr. Dietrich outlining the City Attorney's opinion on the matter. Mr. Dietrich stated that he disagreed with Ms. Valldejuli's position and continued to speak. Mayor Wallace asked that Mr. Dietrich be escorted from Council Chambers. The Mayor then asked Ms. Valldejuli to outline her position which she did.

Ms. Bunting provided responsive information on the elderly and disabled tax changes and on Mr. Ottofaro's request.

Vice Mayor Curtis indicated that she has heard about other parking issues involving Bay Days. She asked the City Manager to look into the situation.

Councilman Moffett shared that the Day of Remembrance will take place tomorrow at 8 a.m. at Langley Elementary School. He also indicated the meeting referred to earlier was the NAACP meeting and not a meeting planned by the City. He also expressed concerns regarding Bay Days. He suggested to Mr. Ottofaro that he might consider talking to the neighbors on the road where his father lived to see if a sufficient number would agree to renaming the road and said he would be supportive of such an effort.

The meeting adjourned at 8:54 p.m.
Adjournment