Last Publish on 10/8/2013 5:01:32 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, September 11, 2013
7:02:46 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
not set, not set

CALL TO ORDER/ROLL CALL
  The meeting convened at 7:05 p.m. All members of City Council were present.
INVOCATION - Councilman Chris Stuart
  - the Invocation was given by Councilman Stuart.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward called upon the City Manager who outlined the process utilized in selecting a new Chief of Police for Hampton. She announced that Terry Sult has been hired and will begin his official duties on October 7, 2013.

Councilman Stuart shared that Hampton's City Manager, Mary Bunting, is featured in the current issue of Inside Business.
CONSENT AGENDA
Consent Items
1.13-0354Approval of the minutes from the special meeting of July 16, 2013, and the evening meeting of August 14, 2013.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
2.13-0350Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the 2012 Tobacco Use Prevention for Children Received from the Virginia Foundation of Healthy Youth
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
3.13-0351Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Commonwealth of Virginia Department of Conservation and Recreation, Dam Safety, Flood Prevention and Protection Assistance Fund
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
4.13-0352Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Hazard mitigation Grant Program through the Virginia Department of Emergency Management
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
5.13-0353Resolution approving and appropriating additional 2013 Fire Programs Aid to Localities Funds from the Commonwealth of Virginia -- Department of Fire Programs
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.13-0356Resolution Appropriating Funds for Uncompleted Capital Projects Funded with General Funds, Stormwater Funds, Economic Development Funds and Economic Development Authority Funds
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
7.13-0357Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Highway Safety Grant (Selective Enforcement-Speed) through the Commonwealth of Virginia Department of Motor Vehicles
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
8.13-0358Resolution Approving FY13 Year End Budget Adjustments
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.13-0366Resolution Authorizing $162,459.68 Appropriation From The City’s General Fund Committed Fund Balance To The “Transfer Virginia Air & Space Center Account”
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
10.13-0378An Ordinance To Amend And Reenact Chapter 37 “Taxation” Of The Code Of The City Of Hampton, Article III, “Personal Property Taxes,” Section 37-142 “Filing Of Return Required.”
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
11.13-0303Rezoning Application No. 1310-2013 by TR Development LLC to rezone a parcel at 978 Big Bethel Road [LRSN 4001445], totaling 2.78± acres from Neighborhood Commercial District (C-1) to a Limited Commercial District (C-2) with conditions, to construct and operate a Funeral Home and Crematorium. C-2 permits a Funeral Home with an approved Conditional Privilege.
ACTION: Presented by Donald Whipple, Senior City Planner.
ACTION: Held Public Hearing - a joint public hearing was held on 13-0303 and 13-0300. Excepting the applicants, 18 speakers spoke and they were almost evenly split in terms of being for or against this matter.
ACTION: Approved with 13 conditions. This was a joint motion on both 13-0303 and 13-0300.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Will Moffett.
Conditional Privilege
12.13-0300Conditional Privilege Application No. 135-2013 by TR Development LLC to operate a funeral home and crematorium on a parcel at 978 Big Bethel Road [LRSN 4001445], totaling 2.78± acres. The parcel is zoned Neighborhood Commercial District (C-1) which requires a rezoning to Limited Commercial District (C-2), and an approved Conditional Privilege to operate a funeral home and crematorium.
ACTION: Presented by Donald Whipple, Senior City Planner.
ACTION: Held Public Hearing - a joint public hearing was held on 13-0303 and 13-0300. Excepting the applicants, 18 speakers spoke and they were almost evenly split in terms of being for or against this matter.
ACTION: Approved with 7 conditions. This was a joint motion on both 13-0303 and 13-0300.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Will Moffett.
13.13-0302Conditional Privilege Application No. 138-2013 by Archie F & Linda D Allen to operate a bed and breakfast at 424 E. Queen Street [LRSN12001058], totaling 0.2± acres.
ACTION: Presented by Mike Hayes, Senior City Planner.
ACTION: Held Public Hearing There were 5 speakers on this matter.
ACTION: Approved with four conditions.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Chris Snead.
Other Public Hearings
14.13-0361Public hearing to review the 2012-2013 Community Development Block Grant (CDBG) and HOME Program performance and obtain the views of citizens on housing and community development needs
ACTION: Presented by Angelique Shenk, Housing & Neighborhood Services Manager
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Held Public Hearing - there were no speakers on this item.

Ordinances
15.13-0364Ordinance to Amend and Reenact Chapter 9 of the Code of the City of Hampton Entitled “Building and Development Regulations”, by Adding Thereto a New Article VIII, Entitled “Identification and Inspection of Rental Dwelling Units”
ACTION: Deferred (10/9/2013)

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
ACTION: Held Public Hearing
ACTION: Moved to reconsider the previous motion to defer until October 9, 2013.

MOVER: Councilmember Chris Snead.
SECONDER: Vice Mayor George E. Wallace.
ACTION: Deferred (9/25/2013) - there was no vote on this motion as a motion to amend was made.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Will Moffett.
ACTION: Moved to amend the motion to defer until September 25, 2013.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Donnie R. Tuck.
ACTION: Deferred (11/13/2013)

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
ACTION: Deferred (10/23/2013) - This item along with item 13-0365 will be heard by City Council at a special evening meeting on October 23, 2013.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Christopher G. Stuart.
Resolutions
16.13-0365Resolution to Establish Rental Inspection Districts
ACTION: Held Public Hearing - the speakers spoke in connection with 13-0364. In that the ordinance (13-0364) was deferred until October 23, 2014, action on this item will also be taken up on October 23, 2013.
17.13-0384Motion to extend the meeting beyond 11 p.m.
ACTION: Moved to Extend the Meeting Beyond its Time Limit

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Will Moffett.
18.13-0362Resolution Authorizing the Granting and Execution of (1) a Deed of Easement Agreement to the Commonwealth of Virginia Department of State Police for a 70’ x 70’, 4900 Sq. Ft. Portion of City Owned Land and a 20’ Access and Utility Easement at 8110 Orcutt Avenue LRSN: 3002700, for a Telecommunications Tower and (2) a Right of Entry Agreement to New Cingular Wireless PCS, LLC for the Construction of a Telecommunications Tower for the Virginia Department of State Police at 8110 Orcutt Avenue
ACTION: Held Public Hearing - there were no speakers but Cheryl Taylor of AT&T was available to answer any questions.
ACTION: Adopted

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Chris Snead.
19.13-0363Resolution Authorizing the Transfer From the City of Hampton to the Hampton Redevelopment and Housing Authority of Four Lots in the Kecoughtan Area: 1) a 1.471 ac± Parcel, LRSN: 2002235, 2) a 12.256 ac± Parcel, LRSN: 2002246, 3) a 2.064 ac± Parcel, LRSN: 2002231 and 4) a 2.593 ac± Parcel, LRSN: 2002257
ACTION: Held Public Hearing - there were no speakers.
ACTION: Adopted

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
Community Plan Amendment
20.13-0359Comprehensive Plan Amendment No. 020-2013 Update of the Housing and Neighborhoods section of the Hampton Community Plan (2006 as amended).
ACTION: Held Public Hearing - there were no speakers.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
General Items
Appointments
21.13-0242to consider appointments to the Citizens' Engagement Advisory Commission (CEAC) formerly known as the Ad Hoc Leadership Group
ACTION: Deferred (10/9/2013)

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
22.13-0342to consider an appointment to the Finance Committee
ACTION: Appointed Susan Harris for a two year term which will expire on September 30, 2015.

MOVER: Vice Mayor George E. Wallace.
23.13-0355to consider appointments to the Neighborhood Commission
ACTION: Appointed Pamela Croom (District 2) for a term beginning on September 30, 2013, and ending on September 30, 2017, and appointed Barbara Franklin as an at large member (Public Relations/Marketing) from September 30, 2013, until September 30, 2015. An appointment for District 9 will come forward at a later date.

MOVER: Vice Mayor George E. Wallace.
24.13-0367to consider appointments to the Parks and Recreation Advisory Board
ACTION: Reappointed Kayla Holston to another term until September 30, 2014, and appointed Dartrez Thompson to his first term expiring on September 30, 2014.

MOVER: Vice Mayor George E. Wallace.
25.13-0368to consider an appointment to the Peninsula Agency on Aging Board of Directors
ACTION: Appointed Nakin Cook for a three year term expiring on September 30, 2016.

MOVER: Vice Mayor George E. Wallace.
26.13-0369to consider appointments to the Animal Control Advisory Board
ACTION: Reappointed James Gray, Linda Seely and Angie Taylor (Hampton Animal Control Manager) until September 30, 2016.

MOVER: Vice Mayor George E. Wallace.
27.13-0371to consider the appointment of an alternate to the H2O Community Development Authority
ACTION: Appointed Carter Phillips as an alternate until June 30, 2017.

MOVER: Vice Mayor George E. Wallace.
28.13-0372to consider appointments to the Golf Course Advisory Board
ACTION: Reappointed Leon Alligood, Steve Laxton and Calvin Pearson to their second three year terms which will expire on September 30, 2016 and appointed Nick Hobbs and Terry Anderson to their first terms which will expire on September 30, 2016.

MOVER: Vice Mayor George E. Wallace.
29.13-0373to consider an appointment to the Peninsula Stadium Authority
ACTION: Reappointed Ruth Simmons until September 30, 2017.

MOVER: Vice Mayor George E. Wallace.
30.13-0374to consider appointments to the Hampton Senior Citizens Advisory Committee
ACTION: Deferred (10/9/2013) and appointed Walter "Bud" Porter to his second term on the Senior Citizens Advisory Committee unti September 30, 2017.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
31.13-0375to consider appointments to the Social Services Local Advisory Board
ACTION: Appointed Ann Stephens-Cherry for a term expiring on September 30, 2017.

MOVER: Vice Mayor George E. Wallace.
32.13-0376to consider appointments to the Virginia Peninsula Public Serivce Authority
ACTION: Appointed Jason L. Mitchell in the place of Pete Morley.
33.13-0379to consider an appointment to the Grievance Panel
ACTION: Appointed Brian Kelly as an alternate.

MOVER: Vice Mayor George E. Wallace.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
Adjournment
  The meeting adjourned at 11:22 p.m.