Last Publish on 12/20/2006 4:04:00 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, December 13, 2006
7:30:31 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, 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
INVOCATION - Paige V. Washington, Jr.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Kearney complimented the Downtown Hampton Development Partnership, Hampton's Parks and Recreation Department including the new Director, Jim Wilson, Todd C. Bridgford of the Virginia Air and Space Center and Cindy Masterstaff of Parks and Recreation for their work in the various holiday events in Downtown Hampton over the past three weekends, and most particularly for the Holly Days Parade. The parade was the number one televised show in its time slot for the third year in a row.

Mayor Kearney also congraulated the Phoebus High School Football Team on their State Championship.
CONSENT AGENDA
Consent Items - First Reading
1.06-0718AN ORDINANCE TO AMEND CHAPTER 22 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "NOISE."
ACTION: Moved to waive the second reading of the ordinances on consent agenda items 1 through 4.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to adopt consent agenda items 1 through 4 on first and final reading.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
2.06-0719AN ORDINANCE TO AMEND CHAPTER 23 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "OBSCENITY."
ACTION: Moved to waive the second reading of the ordinances on consent agenda items 1 through 4.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to adopt consent agenda items 1 through 4 on first and final reading.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
3.06-0720AN ORDINANCE TO AMEND CHAPTER 25 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "PARADES."
ACTION: Moved to waive the second reading of the ordinances on consent agenda items 1 through 4.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to adopt consent agenda items 1 through 4 on first and final reading.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
4.06-0721AN ORDINANCE TO AMEND CHAPTER 26 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "PARKS AND RECREATION."
ACTION: Moved to waive the second reading of the ordinances on consent agenda items 1 through 4.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to adopt consent agenda items 1 through 4 on first and final reading.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
5.06-0702VDOT Revenue Sharing Program – Application for up to $1 Million of VDOT Funding
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
6.06-0733Approval and appropriation of donations made to the Hampton Division of Fire and Rescue.
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
Consent Items - Other
7.06-0685Hampton Adult Drug Treatment Court Grant
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
8.06-0686Praxair Grant
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
9.06-0695Approval of Minutes from Special Joint Session of Hampton City Council and the Hampton School Board held on November 8, 2006, and from the Afternoon and Evening Sessions of Hampton City Council held on November 15, 2006.
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
10.06-07142006/07 Fatality Elimination ~ Speed Enforcement Occupant Protection Project
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
11.06-0726Resolution approving and accepting the transfer of .194± acres located in Hampton Roads Center South Campus to the City of Hampton from the Industrial Development Authority of the City of Hampton to be used as right of way for a signalized intersection.
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
12.06-0732Authorization for the City Manager to Execute a Memorandum of Agreement Guiding the Hampton Roads Regional Water Supply Planning Process.
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
13.06-0734Resolution approving the contribution of $16,700 from Nondepartmental Funds/Explore Hampton 2007 to the Hampton University Museum for expenses related to the African American Furniture Making and Pamunkey Indian Pottery Exhibits.
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
14.06-0712Discussion of approval of payment of surplus proceeds to Betty Mae Brock and Frances Lewis Schilson pursuant to Hampton City Code Section 37-31.
ACTION: Adopted - consent agenda items 5 through 14.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
PRESENTATIONS, PROCLAMATIONS, AWARDS
15.06-0731In Recognition of Dr. Mary T. Christian
ACTION: Presented by Councilman Paige V. Washington, Jr. Additional information was provided by Harriett Storm and the public was invited to attend a public tribute to take place on Sunday, January 14, 2007, beginning at 4 p.m. at the Hampton Roads Convention Center.
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
16.06-0688Presentation of Certificate of Appreciation from the Department of Defense.
ACTION: Presented by Lt. Col. John Gately (retired), who serves on Hampton's Military Affairs Committee, and Peggy Mertz, President of the Remote and Waiting Spouses Group, to Mayor Kearney.
17.06-0479Presentation of 2006 Hampton Holly Days Parade Awards
ACTION: Presented by Councilmembers Charles N. Sapp and Rhet Tignor to the award winners. The Mayor announced the winners and Charles Costas, Senior Recreation Professional, assisted in presenting the awards.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
18.06-0696Removal of the No Parking Signs from North First Street.
ACTION: Council discussed this matter. Council requested additional information concerning this matter.
19.06-0705Update on alternative program to Rental Inspection Ordinance.
ACTION: Presented by Steven I. Shapiro, Director of Public Works.
ACTION: Deferred (1/24/2007) - This motion died for lack of a second.

MOVER: Councilmember Angela Lee Leary.
ACTION: Moved to waive the second reading on repeal of the current ordinance. - MOTION WITHDRAWN

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
ACTION: Moved to repeal the current ordinance and support the newly revised program as presented. - MOTION WITHDRAWN

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
ACTION: Approved - The alternative program, as proposed, was approved. The repeal or suspension of the ordinance is to be brought back to Council in January. A report on the results of the alternative program will be brought back to Council in June.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
20.06-0744Briefing Regarding a Citywide Dredging Program
ACTION: Presented by James A. "Pete" Peterson, Assistant City Manager.
21.06-0754Motion to extend the meeting beyond 11 p.m.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
PUBLIC HEARINGS
Rezonings - Second Reading
22.06-0658Zoning Ordinance Amendment to amend Article XV. Sec. 17.3-114 “Special Public Interest District - Coliseum Central; Boundary and Application,” of the Zoning Ordinance by amending the boundary map.
ACTION: Held Public Hearing
ACTION: Adopted on Second and Final Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Rezonings - First Readings
23.06-0703Rezoning Application No.1235 by James Crocker to rezone 78 Butler Farm Road from One Family Residence District (R-11) to One Family Residence District (R-9) to develop 15 single family homes.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
24.06-0722Rezoning Application No.1236 by Spivey Disposal L.L.C to rezone 228 Salters Creek Road from Limited Manufacturing District (M-2) to Heavy Manufacturing District (M-3) with conditions for a Material Recovery Facility.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
Use Permit
25.06-0724Use Permit Application No.1014 by T-Mobile Northeast to install three building mounted antennas on the roof of Embassy Suites Hotel located at 1700 Coliseum Drive.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
26.06-0735Use Permit Application No. 1018 to allow a 2.4+/- acre public park at the northeast corner of River Street and Pembroke Avenue.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
27.06-0736Use Permit Application No. 1019 by Marcellus “Boo” Williams to construct and operate a 130,000 square foot sports complex with accessory uses at Armistead Pointe.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
28.06-0737Use Permit Application No. 1015 by the City of Hampton for a fishing pier on the Chesapeake Bay waterfront in Buckroe further identified as LSRN #13001556 and 12007408. The site is located south of the Buckroe Park at the southern end of Resort Boulevard and north of Fort Monroe on the Chesapeake Bay coast.
ACTION: Held Public Hearing
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Approved - with the six conditions as submitted and additional conditions concerning lighting, no restaurant being allowed, and an increased buffer along the southern property line.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Angela Lee Leary.
29.06-0687PUBLIC HEARING regarding the sale of approximately 17,610 sq. ft. and the franchise of 1,433 sq. ft. of real property located at Settlers Landing Road and known as 602 Settlers Landing Road, portion of RPC No. 2002990 to WSMZ, L.L.C. pursuant to the authority set forth in §§15.2-1800 and 15.2-2100 of the Code of Virginia of 1950, as amended.
ACTION: Moved to remove item 06-0687 and direct the City Manager to stop further efforts on the proposed development. The motion died for lack of a second.

MOVER: Councilmember Angela Lee Leary.
ACTION: Deferred (1/24/2007)

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
General Items
Resolutions
30.06-0715Proposed acquisition of residential property known as 114 E. Pembroke Avenue from Gwyndolyn L. Lomax.
ACTION: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
31.06-0716Proposed acquisition of residential property known as 1814 Rawood Drive from Edgard Leclerc and Rosa C. Leclerc.
ACTION: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
32.06-0717Proposed acquisition of property located on Royston Drive from Devone Farrackan, widow.
ACTION: Adopted on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
33.06-0725Proposed acquisition of property, known as 501 Kirby Lane, from Terresa W. Vines.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
34.06-0729Resolution Appropriating $75,000 from Undesignated Fund Balance to the Virginia Air and Space Center and Authorization for the City Manager to Execute a Promissory Note for a $75,000 Loan to the Virginia Air and Space Center for an Ice Skating Rink
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
35.06-0741Resolution appropriating $1,090,125 of designated fund balance from EMS fees for various EMS and Fire Capital Needs
ACTION: Adopted

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
36.06-0743Resolution Appropriating $593,925 from Fund Balance to Capital Improvement Fund for School Maintenance
ACTION: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
37.06-0745Resolution Authorizing the Appropriation of $3,287,500 from Undesignated Fund Balance of the General Fund to Fund One-Time Capital Projects.
ACTION: Adopted

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
Appointments
38.06-0662to consider an appointment to the Industrial Development Authority to fulfill an unexpired term.
ACTION: Appointed James R. Joseph to fulfill the unexpired term of Dr. James Parham which will expire on March 31, 2007.

MOVER: Councilmember Rhet Tignor.
39.06-0689to consider appointments to the Parks & Recreation Advisory Board.
ACTION: Appointed Harry R. Bukovich to a term beginning January 9, 2007, and expiring on January 30, 2011. One appointment remains open.

MOVER: Councilmember Rhet Tignor.
40.06-0691to consider an appointment to the Hampton-Newport News Community Services Board.
ACTION: Appointed Leroy Branch to fulfill the unexpired term of Dr. Ruth P. Holland, which expires on June 30, 2008.

MOVER: Councilmember Rhet Tignor.
41.06-0693to consider an appointment to the Wetlands Board.
ACTION: Appointed Ms. Leigh Morgan, who has been serving as an alternate, to a term commencing immediately and expiring on December 30, 2011. Another alternate will need to be appointed.
42.06-0713to consider appointments to the Citizens' Unity Commission
ACTION: Appointed Paula Bazemore, Genie Robinson, Sherri Reese and Terry Gilliam to terms expiring on June 30, 2007, and Benjamin Cuker to a term expiring on June 30, 2009. Jeremy Roca was appointed as a youth member.

MOVER: Councilmember Rhet Tignor.
Other Items
43.06-0746Resolution Authorizing the Appropriation of $200,000 from Undesignated Fund Balance of the General Fund as a Contribution to the Building Capital Campaign for the FoodBank of the Virginia Peninsula
ACTION: Adopted - Jane Susan Frank accepted the ceremonial check from Vice Mayor Gilliland. Two students from Jones Magnet Middle School, Brooke Smith and Rebecca Rossman, spoke about their recent visit to the Food Bank and the commitment their school has made to raise money for the Food Bank.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
Miscellaneous New Business
  The members of Council expressed holiday wishes to the citizens of Hampton and to our service members serving abroad.
Adjournment