Last Publish on 3/30/2007 2:45:00 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, March 28, 2007
7:30 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 - Rhet Tignor
PLEDGE OF ALLEGIANCE TO FLAG -
  The Colors were presented by representatives of Service Unit 627 of the Girl Scouts of the Colonial Coast, Kirby Wright, Gabrielle Canelle, Nia Dotson, Mikayla Bass, Rachel Dobbins, and Victoria Knight.
1.07-0199Motion to Defer the Public Hearing on the Amendment of Section 37-98 of the Hampton City Code pertaining to "Exemption for Rehabilitated Commercial or Industrial Real Estate" to April 11, 2007.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
MAYOR'S COMMENTS
  Prior to the Mayor's comments, Councilman Washington expressed his thanks to all who sent their well wishes following his recent surgery and recuperation.

The Mayor spoke on the state transportation bill recently passed.
2.07-0200Motion for the City Manager to research the feasibility of placing the regional transportation authority and the transportation legislation as an advisory referendum on the November general election ballot.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
CONSENT AGENDA
Consent Items - Second Reading
3.07-0127AN ORDINANCE TO AMEND CHAPTER 24, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “OFFENSES - MISCELLANEOUS.”
ACTION: Moved to approve consent agenda items 1, 7 and 9 through 12.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
Consent Items - First Reading
4.07-0161AN ORDINANCE TO AMEND CHAPTER 40, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “WEAPONS.”
ACTION: Moved to waive second reading on consent agenda items 2 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to approve consent agenda items 2 through 6 on first and final reading.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
5.07-0162AN ORDINANCE TO AMEND CHAPTER 9, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “BUILDING AND DEVELOPMENT REGULATIONS.”
ACTION: Moved to waive second reading on consent agenda items 2 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to approve consent agenda items 2 through 6 on first and final reading.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
6.07-0166AN ORDINANCE TO AMEND CHAPTER 14, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “FIRE PREVENTION AND PROTECTION.”
ACTION: Moved to waive second reading on consent agenda items 2 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to approve consent agenda items 2 through 6 on first and final reading.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
7.07-0172AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 37 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED, “TAXATION”, ARTICLE II, “REAL ESTATE TAXES”, DIVISION VI, “EXEMPTION FOR REHABILITATED COMMERCIAL OR INDUSTRIAL REAL ESTATE” BY AMENDING SECTION 37-98 ENTITLED “APPLICATION”.
ACTION: Moved to waive second reading on consent agenda items 2 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to approve consent agenda items 2 through 6 on first and final reading.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
8.07-0174AN ORDINANCE TO AMEND CHAPTER 2, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “ADMINISTRATION.”
ACTION: Moved to waive second reading on consent agenda items 2 through 6.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to approve consent agenda items 2 through 6 on first and final reading.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
9.07-0144Resolution Accepting and Appropriating a $1,500.00 Donation to the Hampton Police Division from Sam's Club Foundation.
ACTION: Moved to approve consent agenda items 1, 7 and 9 through 12.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
10.07-0147Approval of Minutes from City Council's Budget Work Session of March 7, 2007, Special Meeting of March 8, and Regular Afternoon and Evening Meetings of March 14, 2007.
ACTION: Moved to defer the approval of the minutes of March 8, 2007, until April 11, 2007, to give Del. Ward and Del. BaCote an opportunity to review them.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to approve the minutes from the meetings of March 7, 2007, and both meetings of March 14, 2007.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
11.07-0165Resolution Authorizing a Water Pipeline Easement to be Conveyed from the City of Hampton to Newport News Waterworks on Property Fronting on North Mallory Street but Known as 100 1st Street South, Hampton, Virginia.
ACTION: Moved to approve consent agenda items 1, 7 and 9 through 12.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
12.07-0168A Resolution to Amend and Reenact the Self-Insurance Program of the City of Hampton, Virginia.
ACTION: Moved to approve consent agenda items 1, 7 and 9 through 12.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
13.07-0169A Resolution to Amend and Reenact the Self-Insurance Program of the City of Hampton, Virginia as it Pertains to Coverage for the School Board of the City of Hampton.
ACTION: Moved to approve consent agenda items 1, 7 and 9 through 12.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
14.07-0171Resolution Allocating $100,000 from the FY05 Council Initiatives Capital Improvements Project for the Phoebus Waterfront Improvements and Designating Tidewater Dockmasters to Remove Creosote Pilings and Pier - Engineering Services Project No. 05-042.
ACTION: Moved to approve consent agenda items 1, 7 and 9 through 12.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
15.07-0143Proclaiming April 8-14, 2007, as Public Safety Telecommunications Week.
ACTION: Presented by Councilman Washington to Susan Canny, Commander, Hampton Public Safety Communications, and other representatives of the Public Safety Communications staff.
16.07-0149Ernesto Relief Volunteer Recognition.
This recognition will take place at a special ceremony to be held at a later date.
17.07-0160Proclamation Proclaiming April 2007 as Fair Housing Month in the City of Hampton
ACTION: Presented by Councilman Spencer to Edith Peters, Director of Housing for the Hampton Redevelopment and Housing Authority.
18.07-0167Proclaiming April 2-8 , 2007 as Public Health Week in the City of Hampton.
ACTION: Presented by Councilman Tignor to Dr. Bill Berg, Director, Hampton Health Department.
19.07-0173Proclaiming March as Governmental Purchasing Month in the City of Hampton
ACTION: Presented by Vice Mayor Gilliland to Karl Daughtrey, Director of Finance. Also attending were Lisa Cumming, Procurement Manager; Doris McRae, Senior Buyer; Carla Potter, Senior Buyer; Keith Gordon; Nev Evans, Buyer; Carol Evans, Associate Buyer; Tyisha Wyatt, Associate Buyer; Yolanda Powell, Administrative Assistant; and Betty Lewis, Receptionist.
20.07-0178Proclaiming the Month of April 2007 as Child Abuse Prevention Month.
ACTION: Presented by Councilman Sapp to Eva Granville, ACS Director, Ft. Monroe, the Chairperson of the Hampton Child Protection Team. Ms. Granville was accompanied by Larry Billups, Family Advocacy, Langley AFB; Deborah Dunn, CPS, Hampton Social Services; Thomas Wallace, Juvenile Court Services, Hampton; Daphne Eaton, Lutheran Family Service; Ruby Gatling, Hampton Health Department; and Synethia Fate, Volunteer.

21.07-0179In Recognition of the 95 th Anniversary of Girl Scouting.
ACTION: Presented by Councilman Tignor to Girl Scouts: Megan Canny, Senior; Kirby Wright, Senior; Gabrielle Canelle, Cadette; Nia Dotson, Junior; Mikayla Bass, Junior; Rachel Dobyns, Brownie; and Victoria Knight, Daisy.

22.07-0180In Recognition of Hampton High's Lady Crabbers Basketball Team
ACTION: Presented by Vice Mayor Gilliland to Myra Chambers, Principal; David Six, Coach; Karen Holley, Athletic Director; and members of the Hampton High School Lady Crabbers Basketball Team.
23.07-0182Proclamation Proclaiming Support for Housing America 2007 Campaign.
ACTION: Presented by Councilwoman Leary to Edith Peters, Director of Housing for the Hampton Redevelopment and Housing Authority.
24.07-0183Proclaiming April 9 - 14, 2007, as Architecture Week in the City of Hampton
ACTION: Presented by Councilman Sapp to Jessica Norgren, Senior Architect, and Michelle Bebbs, Architect. Also attending was Shannon Chance, a Professor from Hampton University, and a Hampton University architecture student, Jermaine Mallory.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
25.07-0170Newmarket Creek Flooding Citizens Committee - Briefing and Final Report
ACTION: Presented by Fred Whitley, City Engineer. Participating in the presentation were citizens, Eula Branch, Roger Winston, and Mildred Harris. John Payne of URS Corporation also presented information.
26.07-0177Briefing on the Hampton River Navigation Improvement Project (Dredging).
ACTION: Presented by Ken Dierks and Pete Crum of Kimley-Horn.
PUBLIC HEARINGS
Rezonings - Second Reading
27.07-0034Rezoning Application No.1242 by Southeastern Capital Investments L.L.C to rezone approximately 4+/- acres located at the northwest corner of the Magruder Boulevard and Semple Farm Road intersection from One-Family Residence District (R-11) to Multiple-Dwelling Residence District (MD-3) for up to 48 apartments.
ACTION: Deferred (5/23/2007)

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
28.07-0123Rezoning Application No.1243 by the American Red Cross to rezone approximately 3.04 +/- acres located at 8110 Orcutt Avenue from One-Family Residence District (R-9) to Neighborhood Commercial District (C-1) to permit construction of an American Red Cross Chapter House.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
Other Items
29.07-0156PUBLIC HEARING regarding an Ordinance creating the Fort Monroe Federal Area Development Authority pursuant to the emergency legislation enacted by the Virginia General Assembly (Senate Bill 1392 & House Bill 3180) under the Authorities for Development of Former Federal Areas Act, Chapter 63, Title 15.2 of the Code of Virginia of 1950, as amended (the “Act”).
ACTION: Held Public Hearing - H. O. Malone, with Citizens for Fort Monroe National Park, spoke on the issue.
General Items
Ordinances
30.07-0158An Ordinance to amend and re-enact Section 2-290, Article XII, of the Code of the City of Hampton, Virginia Titled “Federal Area Development Authority.”
ACTION: Moved to waive the second reading on item numbers 28 and 29 on the agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
31.07-0176An Ordinance to amend and re-enact Section 2-311, Article XIII, of the Code of the City of Hampton, Virginia by creating a new Article XIII titled “Fort Monroe Federal Area Development Authority”.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
32.07-0203Motion to appoint the seven current members of the Hampton Federal Area Development Authority to the newly-created Fort Monroe Federal Area Development Authority and to set their terms at the April 11, 2007, Hampton City Council meeting.
ACTION: Approved - Appointed John Ishon, Whiting Chisman, Alvin Bryant, Kanata Jackson, John Quarstein, Robert Harper and Tommy Thompson.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
33.07-0152An Ordinance to Amend and Re-Enact Chapter 9.1 of The Code of The City of Hampton, Virginia entitled "Cable Television" in its entirety including revising and renumbering sections and adding new sections.
ACTION: Adopted on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
34.07-0153An Ordinance Cable Franchise Granting a Cable Service Franchise to Cavalier IP, TV, LLC
ACTION: Deferred (4/11/2007)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
Other Items
35.07-0157Proposed acquisition of residential property known as 1816 Rawood Drive from Nancy C. Clark formerly known as Nancy C. Baker.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
36.07-0154Proposed acquisition of residential property known as 1818 Rawood Drive from Paul R. Carrithers and Donald R. Carrithers.
ACTION: Deferred (4/11/2007)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
37.07-0155Proposed acquisition of residential property known as 1820 Rawood Drive from Oyster Point Management Homes, LLC.
ACTION: Deferred (4/11/2007)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
38.07-0195Motion to extend the meeting beyond 11 p.m.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
Audiences Granted to the General Public
  John Harris spoke with respect to the breach at Factory Point.

Tom Leary and Carol Garrison spoke on the flooding issues in the area of the Pastures.

Arthur Rutledge of the Newmarket Creek Flood Committee spoke about the possibility of mitigating the damage to homes which have experienced repeated flooding.

William Kinsley also spoke on the flooding issue and the gap at Factory Point.

Ashton Haywood spoke about traffic on Big Bethel Road.

Rick Walker asked that the neighborhoods come together to work together on issues which involve them all. Chris Ausink of Neighborhood District 4 also spoke about efforts in this regard.

John Boone of the Pastures also spoke on the Factory Point breach and its relationship to the Salt Ponds inlet.

Joe Albreth spoke in opposition to the idea of a Newmarket Creek flood gate.
Miscellaneous New Business
  Councilwoman Leary asked that Council complete some unfinished business from the March 14 afternoon session. She also asked for a list of homes to be purchased in the area of Newmarket Creek and their cost. She also asked that the City Manager provide by way of Mr. Venezianoa list of improvements in the Newmarket Creek area.
Adjournment