Last Publish on 2/17/2010 9:26:59 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, February 10, 2010
6:59:53 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward, Mayor
Staff:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman George Wallace
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward expressed the Council's condolences to the family of Dr. Alvin Bryant, who passed away earlier in the week.

Mayor Ward also explained that Councilman Washington is not present tonight due to illness. She welcomed Alex Van Horn, age 13, a local Boy Scout attending the meeting.
1.10-0061Briefing on the Regional Climate Change Project
ACTION: Presented by Eric Walberg, Physical & Environmental Planning Administrator of the Hampton Roads Planning District Commission.
CONSENT AGENDA
Consent Items
2.10-0049Approval of Minutes from the Work Session and Evening Meetings of the Hampton City Council held on January 13, 2010, and from the Work Session on January 27, 2010.
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
3.10-0034Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009-2010 Hampton Adult Drug Treatment Court Grant Program Funding Program Through the Hampton-Newport News Community Services Board from the Supreme Court of Virginia
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
4.10-0041Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Virginia Department of Criminal Justice Services V-Stop Grant.
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.10-0042Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010 Hampton Domestic Violence Community Unified Response Effort (CURE) V-STOP Grant Funding Program Through The Hampton Commonwealth's Attorney's Office From The Virginia Department Of Criminal Justice Services
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
6.10-0043Request for Refund of Erroneous Tax Abatements for 2009 and 2010
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
7.10-0044Resolution Approving the Participation and Appropriation of the 2010 Juvenile Accountability Block Grant through the Hampton Court Services Unit from the Virginia Department of Criminal Justice Services
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
8.10-0045Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010-2011 Crisis Intervention Team Grant Funding Program through the Hampton-Newport News Criminal Justice Agency from the Virginia Department of Criminal Justice Services.
ACTION: Approved - this item was removed from the consent agenda at the request of Councilwoman Leary to allow the City Manager to give an explanation of the item.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
9.10-0046Resolution Requesting the Virginia Department of Transportation to Program the Following Projects into the 6-Year Plan, and Authorizing the City Manager to Execute Local Administration Agreements and City/State Agreements for Implementation of these Projects.
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
10.10-0050Resolution appropriating $134,456.00 of designated fund balance from EMS fees for various EMS and Fire Capital Needs.
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
11.10-0052Resolution to approve an Encroachment Agreement between the City of Hampton and The Old Point National Bank of Phoebus, N.A. to allow a temporary encroachment into a portion of the City's parking lot off Wine Street for the installation and maintenance of a drive-in canopy and related equipment (including an island) and an ADA handicap ramp for a temporary bank branch at 24 Wine Street (formerly 22 Wine Street, Suite B) and authorize execution of same.
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
12.10-0064Resolution of the Council of the City of Hampton, Virginia Confirming the Declaration of a Local Emergency Made Necessary by a Storm Referred to as the “2010-01 January Snow Storm”, Which Was Declared by the Hampton Director of Emergency Management On January 29, 2010
ACTION: Approved items 2 through 7 and 9 through 12 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Community Plan Amendment
13.10-0051Plan Amendment No. 017-2009, proposal by the City of Hampton to amend the Peninsula Multi-Jurisdictional Hazard Mitigation Plan by adopting the Repetitive Loss Appendix L as it applies to Hampton.
ACTION: Presented by Tracy Hanger, Acting Fire Chief, and Leigh Morgan Chapman of Salter's Creek Consulting.
ACTION: Held Public Hearing - There were two speakers on the item. Andy Bigelow requested deferral and John Krulis also spoke to the issue.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
Rezonings
14.10-0056Zoning Ordinance Amendment, Chapter 10.2, MU-CO: Mixed Use: Commercial Overlay District.
ACTION: Deferred (3/10/2010) - This vote was on items 10-0056, 10-0057, and 10-0058.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
15.10-0057Zoning Ordinance Amendment, Chapter 10, MD-4: Mixed Dwelling District.
ACTION: Deferred (3/10/2010) - This vote was on items 10-0056, 10-0057, and 10-0058.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
16.10-0058Zoning Ordinance Amendment: Chapter 7.1, R-4 District - One Family Residence District.
ACTION: Deferred (3/10/2010) - This vote was on items 10-0056, 10-0057, and 10-0058.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Resolutions
17.10-0060Resolution Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Hampton in the Maximum Principal Amount not to Exceed $20,500,000 to Finance Certain Capital Improvement Projects, and not to Exceed $60,000,000 to Refund Certain Previously Issued General Obligation Bonds of the City, 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 Chris Snead, Budget Director.
ACTION: Held Public Hearing - there were five speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
General Items
Ordinances
18.10-0053Ordinance to amend and reenact Chapter 5 of the Code of the City of Hampton by adding thereto a new Article VIII, entitled “Protection of Nesting Animals” to protect nesting animals as well as to comply with state and federal law that mandates their protection.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
Appointments
19.10-0004to consider an appointment of a individual to serve on the Board of Advisors of the Hampton Roads Film Office, a project of the Hampton Roads Partnership.
ACTION: Moved to remove this item from the agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
20.10-0055to consider appointments to the Peninsula Town Center Community Development Authority (CDA)
ACTION: Reappointed Judy Carr, Jack Ezzell, Jr., Pamela Buchanan Lawson, Benjamin A. Williams, III, and L. Scott Seymour to their second terms which will expire in February, 2014, and appointed Mary Bunting.

MOVER: Councilmember Angela Lee Leary.
21.10-0059to consider appointment to the Neighborhood Commission
ACTION: Appointed Jasmine Sanders and Taylor Steveson-Saunders as youth members, both filling the remainders of unexpired terms concluding on September 30, 2010, and September 30, 2011, respectively.

MOVER: Councilmember Angela Lee Leary.
22.10-0065to consider an appointment to the Hampton Roads Regional Jail Authority
ACTION: Appointed James Gray, Acting Assistant City Manager as the Alternate for the City Manager.

MOVER: Councilmember Angela Lee Leary.
23.10-0066to consider an appointment to the Animal Control Advisory Committee
ACTION: Appointed James Gray, Acting City Manager, in the place of the City Manager, which term will expire on September 30, 2013.

MOVER: Councilmember Angela Lee Leary.
24.10-0070to consider an appointment to the Purchasing and Procurement Oversight Committee
ACTION: Appointed Martin Cross to fulfill an unexpired term until June 30, 2011.

MOVER: Councilmember Angela Lee Leary.
25.10-0072to consider appointments to the Hampton Seniors Citizens Advisory Committee
ACTION: Appointed Bud Porter to fill the unexpired portion of a term which will expire on September 30, 2013, and appointed Joe Elliott to fill the unexpired portion of a term which will expire on October 31, 2010.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The City Manager complimented the work done by Public Works and the Human Services employees during our recent weather events.
Audiences Granted to the General Public
  Rev. Rudisill spoke on behalf of the homeless. He acknowledged the wonderful job done by many agencies to assist the homeless but addressed those who fall through the cracks of other programs.

Edwin Boone spoke in opposition to the 6 p.m. public comment period and expressed his opinion that Council doesn't listen to citizens. He suggested starting at 6 p.m. but leaving the agenda in the same format.
Miscellaneous New Business
  Councilwoman Leary put three articles to record and asked that they be shared with the other members of Council. They will be on file with the Clerk.

She also reminded citizens of the citizen meeting she is holding tomorrow night and thanked Councilman Wallace for attending some of those sessions. She requested the use of the City e-news service to communicate about future meetings.
Adjournment