Last Publish on 1/2/2008 8:22:43 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, December 19, 2007
7:30:21 PM
Anderson W. Clary, Jr., Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Paige V. Washington, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
  The Mayor recognized the efforts of Megan Ketchum, Parks Manager for the Downtown area; Johnny Walker, Senior Technician with Parks and Recreation; and Mike Newberry, General Maintenance Supervisor with Facilities Management, in connection with the decorations in City Council chambers.
INVOCATION - Paige V. Washington, Jr.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
1.07-0630Appointments to the Mayor's Committee for People with Disabilities.
ACTION: Appointed three new members to the committee: Betty Black, William Black and Christine Felts. Their terms will expire on October 9, 2009. He also reappointed the following individuals to terms expiring on October 9, 2009: David Braunbeck, Chris Farrow, Laura Hunter, Donald Miller, Barbara Stewart, Sam Tollett, Larry Townsend, Richard Turner, and Warren Mills.

Bonnie Hulton, Paul McGee and Ethel Wilson were appointed as associate (non-voting) members. The City Liaisons will be Stephanie Stacy of Parks and Recreation and Andy Wilson of Codes Compliance. Venita Robinson, of NASA, will serve as an outside agency liaison.
CONSENT AGENDA
Consent Items - Other
2.07-0629Resolution Appropriating Donations from the Undesignated Fund Balance to the Hampton Division of Fire & Rescue for Donations Received by the Division During FY’07
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
3.07-0631Approval of Minutes from the afternoon and evening sessions of Hampton City Council on November 7, 2007, and from the special meeting of November 19, 2007.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
4.07-0633Request for refund of erroneous tax assessments for 2005, 2006, 2007 and 2008.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
5.07-0642Resolution to Accept the Donation of a Vehicle from Hampton Roads Transit to the Hampton Division of Fire & Rescue
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
6.07-0643Approval by the U. S. Department of Justice to Relocate the Registrar's Office and the Central Absentee Voter Precinct.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
7.07-0644Resolution Appropriating $436,595.50 Transferred from the HRHA to the City's Capital Projects Fund to Fund the Construction of the First Phase of the Newmarket Creek Park and Trail System.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
8.07-0645Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Bulletproof Vest Partnership (BVP) Program through the U. S. Department of Justice.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
9.07-0646Resolution Approving the City of Hampton, Virginia’s Participating and Appropriating the Comprehensive Services Act Innovative Community Services Grant Through Comprehensive Services for At-Risk Youth and Families, Commonwealth of Virginia.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
10.07-0650Resolution of the City Council of the City of Hampton, Virginia Authorizing the Appropriation of $1,150,000 from the Economic Development Fund to the Industrial Development Authority of the City of Hampton, Virginia for the Purchase of 18.69± Acres of Land in Hampton Roads Center North Campus from Hampton University
ACTION: Presented by James A. "Pete" Peterson, Assistant City Manager.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
11.07-0651Resolution Appropriating $6,500.00 from the Economic Development Fund to the Industrial Development Authority of the City of Hampton, Virginia for a Job Creation Grant to Portfolio Recovery Associates, Inc.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
12.07-0656Resolution in Support of the Hampton University Proton Cancer Treatment Center.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
13.07-0657Resolution Approving the Location and Major Design Features of the Hampton Club Drive/Hardy Cash Drive Traffic Signal Installation
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
14.07-0658Resolution Authorizing the City Manager to Execute a City/State Agreement with the Virginia Department of Transportation (VDOT) for the Pembroke Avenue/Mercury Boulevard Intersection Improvements (Engineering Services Projects 05-009 & 05-010)
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
15.07-0659Resolution Approving the Programming and Local Administration of Eleven(11) Projects in the VDOT 6-Year Plan
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
16.07-0667Resolution Appropriating $503,439.53 from Fund Balance to Capital Improvement Fund for School Maintenance
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
17.07-0668Resolution Appropriating $432,457.99 of Designated Fund Balance from EMS Fees for Various EMS and Fire Capital Needs
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
18.07-0669Resolution Appropriating $2,972,500 from the Undesignated Fund Balance of the General Fund and $3,000,000 from Interest Earned from the Temporary Investment of Proceeds of the City of Hampton Public Improvement Bonds, Series 2005 to Fund Select Projects.
ACTION: Approved items 2 through 9 and 11 through 18 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
19.07-0672Resolution to Accept a Donation from Buckroe Civic Association's Playground Committee to Fund Future Maintenance of SS Buckroe Playground.
ACTION: Presented by Peggy Blake, Frank Blake, Amy Hobbs, Alice Callahan, Celia Friedland, George Curran, and Abby Anderson.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
20.07-0634Recognition of High School Students - Mayor's Christmas Cards
ACTION: Presented by Mayor Kearney to JaQuay Copeland, Bethel High School (Instructor - Alyssa Vallecorsa); Nicholas Dunn, Hampton High School (Instructor - Brandy Stanley); Lily Fenske, Kecoughtan High School (Instructor - George Crawford); Travis Purdie, Phoebus High School (Instructor - Jacqueline Anderson). Runners up were: Jennifer Britney Barnes, Kecoughtan High School; Brittney Eubanks, Phoebus High School; Benjamin McAdams, Bethel High School; and Jeannie Pace, Hampton High School.
21.07-0652Presentation of Awards to 2007 Hampton Holly Days Parade Winning Units
ACTION: Presented by Mayor Kearney. The Mayor also recognized Cyndi Masterstaff, Recreation Program Coordinator, for her efforts on the parade over the past several years. The Mayor was assisted in the presentations by Councilwoman Leary, Councilman Spencer, and Vice Mayor Gilliland.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
22.07-0647Drainage, Dredging and Shoreline Protection
ACTION: Presented by James A. "Pete" Peterson, Assistant City Manager; John Veneziano, Public Works Director; and Fred Whitley, City Engineer. Chuck Fleming, Senior Civil Engineer, also participated in the presentation. The City Manager recommended four (4) projects: the Farmington ditch ($710,000), Hampton River dredging ($2.15 million), Back River dredging ($2.1 million), and Factory Point restoration and breakwaters ($3,030,000).
ACTION: Moved to authorize the City Manager to pursue the projects as proposed while acknowledging the need for additional information with respect to ancillary channels.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
PUBLIC HEARINGS
Rezonings - Second Reading
23.07-0605Rezoning Application No. 1263 by Devon M. Goyert to rezone property at 705 Beach Road from Neighborhood Commercial District (C-1) to One Family Residence District (R-9) for an existing single-family home. (LRSN# 10000489)
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
24.07-0606Rezoning Application No. 1256 by Allen C. Tanner, Jr. to rezone a total of 0.26+/- acres at 413 [LRSN #2003550], 414 [LRSN #2003566], 419 [LRSN #2003553] Reed Street from General Commercial District (C-3) to One-Family District (R-9) for existing single-family residences.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
25.07-0611Zoning Ordinance Amendment to amend Chapter 13, General Commercial (C-3) District to require a Use Permit for mini-storage facilities.
ACTION: Held Public Hearing
ACTION: Adopted as Amended on Second and Final Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Anderson W. Clary, Jr..
Rezonings - First Readings
26.07-0662Rezoning Application No. 1259 by the Hampton Redevelopment and Housing Authority (HRHA) to Rezone 3.2456+/- Acres at Old Point Avenue and Woodland Road from One Family Residence District (R-9), and Limited Commercial (C-2) to One Family Residence District (R-9) and Multiple Dwelling District (MD-2) for up to five single family homes and up to 30 townhouse units. [LSRNs: 12003597, 12003599, 12003596, 12003595, 12003594, and 12003590]
ACTION: Presented by James Freas, Senior City Planner. Philip Page, Development Manager with HRHA, also presented information.
ACTION: Held Public Hearing - There was one speaker, Patricia Gross. Ms. Gross had concerns about having too much rental property as opposed to owner-occupied housing and additional traffic burdens being placed upon Woodland Road.
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
27.07-0663Rezoning Application No. 1265 by Eric and Janine Grayson to Rezone 1204 East Pembroke Avenue (Parcel B) from General Commercial District (C-3) to One Family Residence District (R-11) for an Existing Single-family House. [portion of LSRN 12000782]
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Use Permit
28.07-0607Use Permit Application No. 1032 by Colonial Downs, LP to amend condition No. 6 of Use Permit No. 914 which currently restricts the height of free standing signs to twelve feet at 1909 Commerce Way, (LRSN# 7001267).
ACTION: Presented by Michael Hayes, City Planner. Lindsey Carney and Alan A. Diamonstein, attorneys for the applicant, also presented information.
ACTION: Held Public Hearing
ACTION: Approved - the motion for approval failed and the use permit is denied.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Anderson W. Clary, Jr..
29.07-0666Use Permit Application No. 1035 by the City of Hampton to permit a 150’ fixed pier at 401 E. Mellen Street. [LRSNs 12001132 & 12001133]
- This application was withdrawn by the applicant prior to the meeting.
Ordinances - First Readings
30.07-0600AN ORDINANCE TO AMEND CHAPTER 35, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SUBDIVISIONS” SECTIONS 35-1, 35-23, 35-45 AND 35-118.
ACTION: Held Public Hearing - A joint public hearing was held on item numbers 30 through 34.
ACTION: Adopted on First Reading - one collective vote was taken on 07-0600, 07-0601, 07-0602, 07-0603, and 07-0623.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
31.07-0601AN ORDINANCE TO AMEND CHAPTER 17, OF THE ZONING CODE OF THE CITY OF HAMPTON, VIRGINIA, ARTICLE X, SPI-CBPD: CHESAPEAKE BAY PRESERVATION DISTRICT, SECTIONS 17.3-60 AND 17.3-64.
ACTION: Held Public Hearing - A joint public hearing was held on item numbers 30 through 34.
ACTION: Adopted on First Reading - one collective vote was taken on 07-0600, 07-0601, 07-0602, 07-0603, and 07-0623.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
32.07-0602AN ORDINANCE TO AMEND CHAPTER 33.1, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “STORMWATER MANAGEMENT” SECTIONS 33.1-4, 33.1-7, 33.1-8.1 AND 33.1-9.
ACTION: Held Public Hearing - A joint public hearing was held on item numbers 30 through 34.
ACTION: Adopted on First Reading - one collective vote was taken on 07-0600, 07-0601, 07-0602, 07-0603, and 07-0623.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
33.07-0603AN ORDINANCE TO AMEND CHAPTER 9, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "BUILDING AND DEVELOPMENT REGULATIONS.” SECTIONS 9-1 AND 9-142.
ACTION: Held Public Hearing - A joint public hearing was held on item numbers 30 through 34.
ACTION: Adopted on First Reading - one collective vote was taken on 07-0600, 07-0601, 07-0602, 07-0603, and 07-0623.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
34.07-0623AMENDMENT TO THE ZONING MAP.
ACTION: Held Public Hearing - A joint public hearing was held on item numbers 30 through 34.
ACTION: Adopted on First Reading - one collective vote was taken on 07-0600, 07-0601, 07-0602, 07-0603, and 07-0623.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
35.07-0655ORDINANCE TO ESTABLISH A NO WAKE ZONE AT THE MOUTH OF BACK RIVER ADJACENT TO FACTORY POINT FROM DAY MARKER #4 TO 100 FEET NORTH OF DAY MARKER #2
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
36.07-0671AN ORDINANCE TO AMEND THE CAPITAL BUDGET AND APPROPRIATE MONIES FOR THE GENERAL EXPENSES OF THE AMENDED CAPITAL BUDGET FOR THE FISCAL YEAR BEGINNING JULY 1, 2007 AND ENDING JUNE 30, 2008.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Resolutions - First Reading
37.07-0653Resolution Authorizing the City Manager to Execute a License Agreement with Virginia Electric and Power Company for the Installation, Operation and Maintenance of Electric Power on its Property Located at 100 North Park Lane.
ACTION: Deferred (1/23/2008)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
General Items
Ordinances
38.07-0648ORDINANCE TO AMEND CHAPTER 41.1 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “WETLANDS”, BY ADDING THERETO A NEW SECTION 41.1-17.1 ENTITLED, “WETLANDS MITIGATION” AND AMENDING SECTION 41.1-22 ENTITLED PENALTIES”.
ACTION: Adopted on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
39.07-0654AN ORDINANCE TO AMEND AND REENACT CHAPTER 21, ARTICLE VIII, ENTITLED, “POLICE REQUESTED TOWING” BY AMENDING SECTION 21-215, AND BY ADDING THERETO NEW SECTIONS 21-216 AND 21-217.
ACTION: Deferred (1/9/2008)

MOVER: Councilmember Anderson W. Clary, Jr..
SECONDER: Councilmember Angela Lee Leary.
Appointments
40.07-0649to consider an appointment to the Hampton Military Affairs Committee.
ACTION: Appointed Harry R. "Fuzzy" Bukovich.

MOVER: Councilmember Paige V. Washington.
41.07-0661to consider appointments to the Neighborhood Commission.
ACTION: Appointed Chief James Gray, Jackie Roundree, and Ebony Miller to terms commencing immediately and expiring on September 30, 2009 and appointed Mark Wilcox and Dr. Betty Peters to terms commencing immediately and expiring on September 30, 2011. Ms. Roundtree thanked Council for their support.

MOVER: Councilmember Paige V. Washington.
42.07-0664to consider appointments to the Towing Advisory Board.
ACTION: Reappointed Robert Tollenaere, Lee Moore, Regina Mays, and William H. Hobbs to terms expiring on December 31, 2009. Appointed Siggi Williams to succeed Clyde Laudermilk (a towing representative) to a term expiring on December 31, 2009. Chief Jordan recently reappointed Lt. George Burton and Cpt. Jason Price.

MOVER: Councilmember Paige V. Washington.
43.07-0665to consider an appointment to the Wetlands Board.
ACTION: Appointed David Bruckheimer to a term commencing immediately and expiring on December 31, 2012. Mr. Bruckheimer was serving as an alternate. Council will consider appointing another alternate on January 9, 2008. Arne Hasselquist spoke about potential conflicts of interest with respect to appointments. Councilwoman Leary spoke about the positive contributions made by Billy Woods to the Wetlands Board while he served.

MOVER: Councilmember Paige V. Washington.
  ACTION: Moved to extend the meeting beyond the 11 p.m. time limit. This motion was taken in between agenda item number 29 - 07-0666 and 30 - 07-0600.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
Audiences Granted to the General Public
  Andy Bigelow spoke on issues of concern to the Riverdale area including the Value Place Hotel and the Newmarket Creek floodgate. He invited Council to meet with residents of the Riverdale area on January 28th at 7 p.m. at Burbank Elementary School.

Frank J. Ottofaro spoke about the taking of his property on Pine Chapel Road.

Bob Jordan spoke about the status of a trailer park in the Buckroe area. He inquired about a tear down permit.

Hugh Bassette spoke about the budget surplus and projects needed in his neighborhood.
Miscellaneous New Business
  Councilwoman Leary asked the Manager for a written response to her questions on Hefflefinger Street and for the Supreme Court opinion Mr. Ottofaro requested. She also requested assistance with a reception to receive Mary Johnson's collection.

The members of Council expressed their holiday wishes to the community.
Adjournment