Last Publish on 6/10/2011 4:05:04 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, June 08, 2011
7:07 PM
Ross A. Kearney, II, Angela Lee Leary, Will Moffett, 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 - Vice Mayor George E. Wallace
  Vice Mayor Wallace gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
1.11-0181FEMA presentation of plaque to Mayor, indicating Hampton’s acceptance into the FEMA Community Rating System.
ACTION: Presented by Steve Shapiro, Deputy Director of Community Development, who introduced Richard J. Sobota of FEMA, to make the presentation to Mayor Ward.
  Mayor Ward recognized Councilman Stuart who thanked the volunteers who worked on last weekend's Pirate Festival and also on the sand soccer festival held at Buckroe last week. Councilman Kearney also mentioned there was a Peninsula Pilots baseball game.
CONSENT AGENDA
Consent Items
2.11-0171Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the Virginia Department of Emergency Management Hazmat Equipment, Exercise and Training Grant of the 2010 State Homeland Security Program Grant from the National Preparedness Directorate, United States Department of Homeland Security.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
3.11-0172Resolution Requesting Programming of the Pavement Data Collection Project and Authorizing the City Manager to Execute the Necessary Agreements with the Virginia Department of Transportation
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
4.11-0177Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2011-2012 Victim-Witness Program Grant from the Department of Criminal Justice Services.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
5.11-0179Resolution Accepting and Appropriating the Funds Associated With the 2010 Assistance to Firefighters Grant Program Received By Hampton Fire & Rescue From the Department of Homeland Security.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
6.11-0180Ordinance to amend and reenact Chapter 21, of the Code for the City of Hampton, Article IX, Section 21-221 to designate Sharon Bass Drive, Chipper Lane, Tiffany Lane and Brians Court for the operation of golf carts.
ACTION: Approved - Councilwoman Leary indicated that she intends to ask for the repeal of the golf cart ordinance.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
7.11-0189Resolution Authorizing the Executing of a Lease Agreement Between the City of Hampton and Hampton Redevelopment and Housing Authority for the Use of Approximately 4992 +/- Square Feet of Office Space in the Ruppert L. Sargent Building Located at 1 Franklin Street, Suite 603 , Hampton, Virginia.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
8.11-0195Request for Refund of Erroneous Tax Abatements for 2008, 2009 and 2010.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
9.11-0176Resolution to Adopt the New Flood Insurance Study and Flood Insurance Rate Map Effective August 16, 2011.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
10.11-0191Ordinance to amend and reenact Article V of the Zoning Ordinance of the City of Hampton, Virginia entitled "Flood Zone District" by (a) amending section 17.3-31.1 pertaining to enabling authority, section 17.3-31.3 pertaining to compliance, section 17.3-32.CC pertaining to the addition of the definition of violation and amending former section 17.3-32.CC pertaining to the definition of watercourse to new section 17.3-32.DD, section 17.3-33.1 pertaining to the adoption date of the new Flood Insurance Study and Flood Insurance Rate Map and the establishment of zoning districts, section 17.3-33.2 pertaining to the official zoning map, and 17.3-34.4.B pertaining to standards for approximated floodplain, and (b) adding section 17.3-31.6 pertaining to jurisdictional boundary changes, section 17.3-33.5 pertaining to submitting technical data, and section 17.3-33.6 pertaining to letters of map revision, as required by the Virginia Department of Conservation and Recreation.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
11.11-0184Zoning Ordinance Amendment No. 022-2010 by the City of Hampton to amend and re-enact Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia entitled "Zones and General Provisions" by amending section 1-2 pertaining to zoning maps and adding section 1-5 pertaining to aircraft noise and aircraft accident potential zones and boundaries and section 1-6 pertaining to special regulations regarding discretionary zoning applications in air installation compatible use zones (AICUZ).
ACTION: Presented by David Stromberg, City Planner. This item was considered with item #11-0174.
ACTION: Held Public Hearing - Lt. Col. Marc Vandeveer spoke in support of this item.
ACTION: Approved - this vote was on #11-0184 and #11-0174.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
12.11-0187Zoning Ordinance Amendment No. 024-2011 by the City of Hampton to amend and re-enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled "General Provisions" by amending section 18-16 pertaining to projections allowed in yards and courts.
ACTION: Presented by Jeff Conkle, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Ross A. Kearney, II.
13.11-0188Zoning Ordinance Amendment 025-2011 by the City of Hampton to amend and reenact the Zoning Ordinance by deleting sections 3-1(28), 3.1-2(8), 3.2-2(8), 3.3-2(8), 3.4-2(8), 4-1(9) and 5-1(18) pertaining to “garage and yard sales”.
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved - this vote was on item #11-0188 and #11-0190.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
14.11-0190Zoning Ordinance Amendment 026-2011 by the City of Hampton by amending and re-enacting chapter 18 "General Provisions" by adding a new section 18.24 entitled "Garage and Yard Sales."
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved - this vote was on item #11-0188 and #11-0190.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
15.11-0178Zoning Ordinance Amendment No. 021-2010 by the City of Hampton to amend and re-enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled "General Provisions" by amending section 18-9 pertaining to fence and wall regulations.
ACTION: Presented by Jeff Conkle, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Denied

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Ross A. Kearney, II.
Use Permit
16.11-0194Use Permit Application No. 1070-2011 by AT&T to construct a 120’ monopole communications tower within a 60’X60’ equipment compound area located at 95 Tide Mill Lane (LRSN# 7001615).
ACTION: Council heard from the applicant's representative, Rency Yeatts, Zoning Specialist with AT&T, with respect to their request for a deferral of this item until June of 2012.
ACTION: Deferred (6/13/2012)

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
Conditional Privilege
17.11-0193Conditional Privilege Application No. 118-2011: Proposal by Dominion Ministries International, Inc. to operate a Day Care 3 for up to 40 children at 925 Old Buckroe Road (LRSN 12002800).
ACTION: Presented by David Stromberg, City Planner.
ACTION: Held Public Hearing - Edwin Boone spoke about the need for more parking. Pastor Kim Black also spoke on the parking issue which exists across the street but it is a separate issue from their request for the daycare.
ACTION: Approved subject to 11 conditions.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Ordinances
18.11-0166Ordinance authorizing the transfer of City property located at 3725 Victoria Blvd. (LRSN: 2001543, comprising 7,201 square feet (0.1653 acre +/-) and containing Pump Station No. 1, to Hampton Roads Sanitation District (HRSD) for the expansion of the pump station.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
Resolutions
19.11-0173Resolution Authorizing The Issuance Of General Obligation Public Improvement Bonds Of The City Of Hampton In The Maximum Principal Amount Not To Exceed $38,000,000 To Finance Certain Capital Improvement Projects, And Providing For The Form, Details And Payment Of Such Bonds, And Authorizing The Issuance Of Notes Of The City In Anticipation Of The Issuance Of Such Bonds.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - there were 19 individuals who spoke. Six spoke in support and thirteen spoke in opposition. One speaker left before being called to speak.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
ACTION: Moved to separate the bond issue to divide the portion for the courthouse/garage from the portion for the school and other maintenance issues. This was offered as a substitute motion but then withdrawn.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Moved to reappropriate funds from the City of Hampton's Bond Funded Projects Unexpended Appropriations as follow:

Buckroe Acquisition/Demolition - $958,750.38
Coliseum Crossroads Parking 2 - $1,514,242.22
Kecoughtan Acquisition/Demolition - $2,524,821.84
Downtown Master Plan - $10,626,020.49 *
Other Bonds - Blighted Property Demolition - $500,000.00

for a total of $16,024,834.93 and reduce bond issue by that amount. The motion was defeated and the matter returned to the original motion to approve the bond issue as proposed in the original agenda materials. This motion was also offered as a substitute motion.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Angela Lee Leary.
General Items
Ordinances
20.11-0174Ordinance to Amend and Re-enact Chapter 22, Article III of the City Code of the City of Hampton, Virginia Entitled "Noise Contour District", by Amending Sections 22-51 - 22-54.
ACTION: Approved - this vote was on #11-0184 and #11-0174.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
Appointments
21.11-0098to consider appointments to the Hampton Arts Commission
ACTION: Reappointed Alvin Mann and Steve Prince to their second terms which will expire on June 30, 2014, and reappointed George Ward to his first full term which will expire on June 30, 2014. One vacancy remains unfilled.

MOVER: Councilmember Ross A. Kearney, II.
22.11-0105to consider appointments to the Virginia Air & Space Center Board of Directors
ACTION: Reappointed Melanie Rapp Beale, Frank A. Edgar, Jr., and F. Lewis Wood to four year terms expiring on June 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
23.11-0168to consider an appointment to the Hampton Redevelopment and Housing Authority
ACTION: Appointed Stephen Adams.

MOVER: Councilmember Will Moffett.
24.11-0170to consider appointments to the Citizens' Unity Commission
ACTION: Reappointed Elizabeth (Anne) Andrews, Robert L. Lewis, Sr., and Mark Board to their first full terms which will commence on July 1, 2011, and expire on June 30, 2015, and reappoint Sherri Reese to her second full term which will commence on July 1, 2011, and expire on June 30, 2015. Several vacancies remain.

MOVER: Councilmember Ross A. Kearney, II.
25.11-0175to consider appointments to the Hampton Senior Citizens Advisory Committee
ACTION: Reappointed Clarice Jackson to a second term. A vacancy remains for the unexpired portion of the term of William Tyrell.

MOVER: Councilmember Ross A. Kearney, II.
26.11-0196to consider an appointment to the Hampton Parking Authority.
ACTION: Appointed and designated Victor Hellman to serve as the Hampton City School representative in the place of Charles Roberts. A vacancy remains for the unexpired portion of Robert Allsbrook's term.

MOVER: Councilmember Ross A. Kearney, II.
27.11-0203to consider appointments to the Peninsula Stadium Authority.
ACTION: Reappointed Wanda Gomes and Tim Smith retroactively to September 30, 2010, for terms expiring on September 30, 2012, and indicated that future terms should be consistently set for term limits of two years.

MOVER: Councilmember Ross A. Kearney, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The Manager had no report.
Miscellaneous New Business
Adjournment