Last Publish on 7/18/2012 5:07:54 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, July 11, 2012
7:11:44 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

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman W. H. "Billy" Hobbs, Jr.
  Councilman Hobbs gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
1.12-0298Update on the State of Transportation in the Commonwealth
ACTION: Presented by Dwight Farmer, Chief Executive Officer of the Hampton Roads Transportation Planning Organization.
CONSENT AGENDA
Consent Items
2.12-0258Approval of the Minutes from the public comment sessions of May 11, 2011; May 25, 2011; June 8, 2011; evening session of June 8, 2011; public comment session of June 13, 2012; and afternoon session of June 13, 2012.
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
3.12-0228An Ordinance Authorizing And Directing The City Manager To Execute, On Behalf Of The City Of Hampton, Virginia, Any And All Agreements With The City Of Newport News, Virginia Necessary To Implement Certain Shared Service Initiatives.
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
4.12-0254Resolution Requesting the Virginia Department of Transportation to Program the Following Projects into the 6-Year Plan, and Authorizing the City Manager to Execute Agreements for these Project.
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
5.12-0267Resolution determining Fire Protection Equipment Company to be the only source practicably available from this region in which to procure MSA Breathing Apparatus (Self-Contained Breathing Apparatus or SCBA), testing equipment for MSA equipment and repair parts for MSA equipment and to authorize the negotiation and execution of a purchase contract with Fire Protection Equipment Company as “sole source.”
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
6.12-0268Resolution determining Christopher L. Baker, M.D. of the Hampton Sentara CarePlex Hospital to be the only source practicably available from which to procure the service of Operational Medical Director for Hampton Division of Fire & Rescue and authorizing the negotiation and execution of a service contract with Christopher L. Baker, M.D. as “sole source.”
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
7.12-0269Resolution determining Physio-Control Inc. to be the only source practicably available from which to procure LifePak Automated External Defibrillators (AEDs), to set up annual maintenance and inspection agreements for new and existing City-owned defibrillators and to authorize the negotiation and execution of a purchase and/or maintenance contract with Physio-Control Inc. as the “sole source.”
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
8.12-0270Resolution determining PLM Equipment Service (formerly Equipment Management Service and Repair or EMSAR) to be the only source practicably available from which to procure a continued preventative maintenance and inspection program for the City’s Stryker ambulance stretchers and stair chairs which are utilized by the Hampton Division of Fire & Rescue and authorizing the negotiation and execution of a service contract with PLM Equipment Service as “sole source.”
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
9.12-0271Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2012-2013 Victim-Witness Program Grant from the Department of Criminal Justice Services.
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
10.12-0272Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2012-2013 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 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
11.12-0273Resolution Authorizing Execution of the Virginia Water and Wastewater Agency Response Network Mutual Aid Agreement
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
12.12-0277Resolution of the Council of the City of Hampton Amending, By Joint Action of The Councils of the Cities of Hampton and Newport News, The Bylaws for the Hampton-Newport News Community Criminal Justice Board
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
13.12-0279Resolution Authorizing an Advance of $3,300,000 to the School Maintenance and Major Renovations Account from the City's General Fund Committed Fund Balance for School Debt Service to be Returned to General Fund Committed Fund Balance for School Debt Service from the Proceeds of the City's 2013 General Obligation Bond Series When Issued
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
14.12-0280An Ordinance To Amend And Reenact Hampton City Code Section 40-5 "Investigation And Fee Imposed On Applicants For Concealed Handgun Permits."
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
15.12-0281Resolution Appropriating $345,000 From the General Fund for Line of Duty Act Benefits to the Risk Management Fund as Premium Payments to Self-Fund Such Benefits
ACTION: Approved items 2 - 15 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
PRESENTATIONS, PROCLAMATIONS, AWARDS
16.12-0300Motion to move items 12-0197 and 12-0276 to be heard just following the vote on the consent agenda items.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
PUBLIC HEARINGS
Rezonings
17.12-0263Ordinance to amend and re-enact Chapter 22 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Board of Zoning Appeals” by amending section 22-9 pertaining to appeals to the board and section 22-10 pertaining to procedure on appeal.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
18.12-0264Ordinance to amend and re-enact chapter 24 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Amendment of Ordinance” by amending sections 24-3 (7) (f) and (10) pertaining to the amendment of proffers.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Christopher G. Stuart.
Conditional Privilege
19.12-0265Conditional Privilege Application No. 124-2012: Proposal by I Can Child Care & Learning Center, LLC to operate a Day Care 3 at 3355 Commander Shepard Boulevard (LRSN 6000971).
ACTION: Presented by Tamaria Green, City Planner.
ACTION: Held Public Hearing
ACTION: Approved - subject to eleven conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
20.12-0266Conditional Privilege Application No. 125-2012: Proposal by Brian Harmon to operate a pawn shop at 4908 W. Mercury Boulevard Suite A (LRSN 3002528).
ACTION: Presented by Mike Hayes, Senior City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved - subject to eight conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
Resolutions
21.12-0274Resolution Authorizing The Execution Of A Use Agreement between the City Of Hampton And The Newtown Improvement And Civic Club Inc. To Use The Hamptons Golf Course Located At 320 Butler Farm Road
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Christopher G. Stuart.
General Items
Ordinances
22.12-0197Ordinance To Amend And Reenact Chapter 38 Of The Code Of The City Of Hampton Virginia Entitled "Vehicles For Hire", Division 5 Entitled "Fares", Section 38-127, Entitled "General Rates Prescribed; Charging Different Rates" And Section 38-129 Entitled "Charge For Waiting Time" To Increase The Rate Allowed To Be Charged For The First One-Seventh Mile From $1.75 to $2.75, And Increase The Rate For Each Additional One-Seventh Mile From $0.25 To $0.30 and To Repeal Division 7 Entitled "Fuel Surcharge" To Eliminate The $1.00 Fuel Surcharge.
ACTION: Approved - Items 12-0197 and 12-0276 were heard out of order just after the vote on the consent agenda items.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Christopher G. Stuart.
23.12-0276Ordinance To Amend And Reenact Chapter 5 "Animals" Of The Code Of The City Of Hampton, Section 5-80 “Care Of Companion Animal Kept On Chain” To Prohibit Tethering Except Under Certain Exceptions
ACTION: Moved to ban all tethering and give citizens six months to come into compliance. The ordinance wording as presented with the agenda will be modified to remove all exceptions to tethering. Items 12-0197 and 12-0276 were heard out of order just after the vote on the consent agenda items.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
Appointments
24.12-0139to consider appointments to the Hampton-Newport News Community Services Board
ACTION: Reappointed William Baker, Wanda Rogers and Dr. Turner Spencer to the Hampton-Newport News Community Services Board for their second three year terms which will expire on June 30, 2015.

MOVER: Vice Mayor George E. Wallace.
25.12-0155to consider appointments to the Board of Review of Real Estate Assessments
ACTION: Appointed Will Andrews to the Board of Review of Real Estate Assessments for a four year term to expire on June 30, 2016.

MOVER: Vice Mayor George E. Wallace.
26.12-0156to consider appointments to the Finance Committee
ACTION: Reappointed Len Nicholson to his second two year term and reappoint Vice Mayor Wallace and Councilwoman Snead to the Finance Committee to terms expiring on June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
27.12-0198to consider appointments to the Office of Human Affairs
ACTION: Reappointed Mayor Ward with Anderson W. Clary, Jr. serving as her representative, Vice Mayor Wallace with Martin Cross serving as his representative, and Councilman Stuart with Brian Jackson serving as his representative and appointed Councilwoman Snead with Diana Hughes serving as her representative to terms expiring June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
28.12-0215to consider appointments to the Hampton Arts Commission
ACTION: Reappointed Gaylene Kanoyton and Regina Mays to three year terms on the Hampton Arts Commission expiring on June 30, 2015, appointed Joshua Head, Jacqueline Ross, Gail Raynor, Nancy Eason and Melva Nicole Woods to their first terms expiring on June 30, 2015, and reappointedCouncilman Stuart as the Council liaison and Councilman Hobbs as the alternate until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
29.12-0237to consider appointments to the Greater Workforce Development Consortium
ACTION: Appointed Councilman Hobbs to the Greater Workforce Development Consortium until June 30, 2014, and Councilman Stuart as his alternate.

MOVER: Vice Mayor George E. Wallace.
30.12-0238to consider appointments to the Grievance Board
ACTION: Appointed Teresa Schmidt and Renita Brightley to the Grievance Board to serve until June 30, 2016.

MOVER: Vice Mayor George E. Wallace.
31.12-0239to consider appointments to the Hampton Roads Regional Jail Authority
ACTION: Appointed Councilwoman Snead to the Hampton Roads Regional Jail Authority and Councilman Tuck as the alternate until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
32.12-0240to consider appointments to the Peninsula Public Sports Facility Authority
ACTION: Appointed Councilman Hobbs to the Peninsula Public Sports Facility Authority until June 30, 2014 with Councilman Moffett as the alternate.

MOVER: Vice Mayor George E. Wallace.
33.12-0241to consider appointments to the Town & Gown Committee
ACTION: Reappointed Councilman Tuck to the Town and Gown Committee until June 30, 2014 with Councilman Hobbs as the alternate.

MOVER: Vice Mayor George E. Wallace.
34.12-0243to consider appointments to the Virginia Air & Space Center Board of Directors
ACTION: Reappointed Dr. Arthur D. Greene to his third term on the Virginia Air & Space Center Board of Directors which will expire on June 30, 2016 and appointed James L. Lockwood, Jr. and Dr. Sanjay Gowda to terms expiring on June 30, 2016 and Rick Gallear to a term expiring on June 30, 2013. One vacancy remains.

MOVER: Vice Mayor George E. Wallace.
ACTION: Deferred (8/8/2012) one appointment to the Virginia Air and Space Center Board of Directors until August 8, 2012.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
35.12-0244to consider an appointment to Virginia First Cities
ACTION: Reappointed Vice Mayor Wallace to Virginia First Cities until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
36.12-0245to consider an appointment to the Virginia Living Museum
ACTION: Appointed Councilman Tuck to the Virginia Living Museum until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
37.12-0246to consider an appointment to the Cultural Alliance of Greater Hampton Roads
ACTION: Reappointed Councilman Stuart to the Cultural Alliance of Greater Hampton Roads until June 30, 2014 with Gaylene Kanoyton as the alternate.

MOVER: Vice Mayor George E. Wallace.
38.12-0283to consider an appointment to the FEMA Emergency Food and Shelter Program
ACTION: Appointed Councilman Moffett to the FEMA Emergency Food and Shelter Program until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
39.12-0284to consider an appointment to the Hampton Clean City Commission
ACTION: Appointed Councilman Hobbs to the Hampton Clean City Commission until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
40.12-0285to consider appointments to the Hampton Federal Area Development Authority
ACTION: Appointed Councilman Moffett and Councilwoman Snead to the Hampton Federal Area Development Authority until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
41.12-0286to discuss an appointment to the Hampton Military Affairs Committee
ACTION: Appointed Councilman Moffett to the Hampton Military Affairs Committee until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
42.12-0287to consider appointments to the Hampton Tourism Advisory Committee
ACTION: Appointed Councilman Hobbs and Councilman Stuart to the Hampton Tourism Advisory Committee until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
43.12-0288to consider an appointment to the Purchasing and Procurement Oversight Committee
ACTION: Reappointed Vice Mayor Wallace to the Purchasing and Procurement Oversight Committee until June 30, 2016.

MOVER: Vice Mayor George E. Wallace.
44.12-0289to consider an appointment to the Peninsula Airport Commission
ACTION: Reappointed Vice Mayor Wallace to the Peninsula Airport Commission until June 30, 2016.

MOVER: Vice Mayor George E. Wallace.
45.12-0290to consider appointments to the National Aeronautics Support Team
ACTION: Appointed Mayor Ward and Councilman Moffett to the National Aeronautics Support Team until June 30, 2014 and reappointed Vice Mayor Wallace as an alternate.

MOVER: Vice Mayor George E. Wallace.
46.12-0291to consider an appointment to the Virginia Peninsula Chamber of Commerce
ACTION: Appointed Councilman Hobbs to the Virginia Peninsula Chamber of Commerce until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
47.12-0292to consider appointments to the Hampton Roads Planning District Commission (to include the Hampton Roads Transportation Planning Organization and the Air Quality Control Committee)
ACTION: Appointed Councilman Stuart, Councilman Moffett and Mary Bunting to the Hampton Roads Planning District Commission with Councilman Stuart serving on the Executive Committee, appointed Mayor Ward to the Hampton Roads Transportation Planning Organization (HRTPO) and Air Quality Control Committee with Councilman Moffett serving as alternate to the HRTPO, and also appointed Mary Bunting to the Air Quality Control Committee until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
48.12-0293to consider an appointment to the Hampton Roads Mayors and Chairs and Peninsula Mayors and Chairs
ACTION: Reappointed Mayor Ward to the Hampton Roads Mayors and Chairs and Peninsula Mayors and Chairs until June 30, 2016.

MOVER: Vice Mayor George E. Wallace.
49.12-0294to consider an appointment to the Hampton Roads Economic Development Alliance
ACTION: Reappointed Mayor Ward to the Hampton Roads Economic Development Alliance until June 30, 2016.

MOVER: Vice Mayor George E. Wallace.
50.12-0295to consider an appointment to the Fort Monroe Authority
ACTION: Reappointed Mayor Ward and appointed Vice Mayor Wallace to the Fort Monroe Authority until June 30, 2016.



MOVER: Vice Mayor George E. Wallace.
51.12-0296to consider an appointment to the Hampton Military History Foundation
ACTION: Reappointed Councilman Moffett to the Hampton Military History Foundation until June 30, 2014.

MOVER: Vice Mayor George E. Wallace.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  There was no new business.
Adjournment
  The meeting was adjourned at 8:19 p.m.