Last Publish on 7/15/2010 1:43:25 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 14, 2010
7:46 PM
Ross A. Kearney, II, Angela Lee Leary, Will Moffett, 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 Ross A. Kearney, II
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward mentioned that Hampton is now officially 400 years old. She also welcomed the new members of Council to their first evening Council meeting.

Mayor Ward shared that Vice Mayor Wallace is out of the country visiting Hampton's sister cities in Europe. This trip is self-funded by the delegation attending and is not at any taxpayer expense.
CONSENT AGENDA
Consent Items
1.10-0275Approval of the minutes from the work session of May 26, 2010, and the afternoon and public comment sessions of June 9, 2010.
ACTION: Moved to approve the minutes from the work session of May 26, 2010. (This item was removed from the consent agenda by Councilwoman Leary so that she could separate the vote to allow her to abstain on approval of the June 9th minutes due to her absence.)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
ACTION: Moved to approve the minutes from the afternoon and public comment sessions of June 9, 2010.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Will Moffett.
2.10-0278Resolution Requesting VDOT to Add the Attached List of New Streets to the State "Principal/Minor Arterial and Collector/Local" Street List
ACTION: Approved - this item was removed from the consent agenda at the request of Councilwoman Leary to allow staff to provide additional information.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
3.10-0280Resolution Authorizing the City Manager to Execute a Tri-Party Agreement with CSX Transportation Inc (CSX) and the Virginia Department of Transportation (VDOT) for the Replacement of Deteriorating Rail Crossing at Old Aberdeen Road.
ACTION: Approved items 3 through 7 and 11 through 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
4.10-0282Resolution approving a utility easement to Virginia Electric and Power Company (“Dominion Virginia Power”) for a 10’ easement (totaling 150+ square feet) on an undeveloped alley of city property located on E. Pembroke Avenue between N. Mallory Street and E. Fourth Street and between properties owned by Buckroe Baptist Church identified as 2508 E. Pembroke Avenue (LRSN 12006927) and 1819 N. Mallory Street (LRSN 12006925).
ACTION: Approved items 3 through 7 and 11 through 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
5.10-0284Resolution 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 3 through 7 and 11 through 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
6.10-0285Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010-2011 Victim-Witness Program Grant from the Department of Criminal Justice Services
ACTION: Approved items 3 through 7 and 11 through 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
7.10-0289Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Rescue Squad Assistance Fund Grant Submitted By the Fire Division Through the Office of Emergency Medical Services and Virginia Department of Health.
ACTION: Approved items 3 through 7 and 11 through 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
8.10-0290Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the 2008 Citizen Corps Grant from the Department of Homeland Security, Office of Domestic Preparedness Through the Virginia Department of Emergency Management.
ACTION: Approved - this item was removed from the consent agenda at the request of Councilwoman Leary to allow staff to provide additional information. A single vote was taken covering both item #8 (10-0290) and item #9 (10-0291).

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
9.10-0291Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the 2009 Citizen Corps Grant from the Department of Homeland Security, Office of Domestic Preparedness through the Virginia Department of Emergency Management.
ACTION: Approved - this item was removed from the consent agenda at the request of Councilwoman Leary to allow staff to provide additional information. A single vote was taken covering both item #8 (10-0290) and item #9 (10-0291).

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
10.10-0293Resolution to Accept and Appropriate 2011 Aid to Locality Funds from the Commonwealth of Virginia--Department of Fire Programs.
ACTION: Approved - this item was removed from the consent agenda at the request of Councilwoman Leary so she could request that Memos of Conferences be provided in connection with training opportunities.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Will Moffett.
11.10-0294Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the Virginia Department of Emergency Management Hazardous Materials Emergency Preparedness Grant from the U.S. Department of Transportation
ACTION: Approved items 3 through 7 and 11 through 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
12.10-0299Resolution Approving an Amendment to the City of Hampton's Section 457 Deferred Compensation Retirement Plan to Permit Participant Loans
ACTION: Approved items 3 through 7 and 11 through 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
13.10-0300Resolution Authorizing The Acceptance Of Property Donated To The City By Hampton Teen Center, Inc.
ACTION: Approved items 3 through 7 and 11 through 13 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
14.10-0304Resolution Approving the Terms of Cooperation Agreements Between the City of Hampton and the Green Jobs Alliance and Authorizing the Execution Thereof
ACTION: Deferred (8/11/2010) - this matter was pulled from the consent agenda by Councilwoman Leary. The motion to defer was defeated.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Donnie R. Tuck.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
15.10-0301Rezoning Application No. 1290 by the Hampton Industrial Development Authority (IDA) to rezone an undeveloped 3± acre parcel (LRSN 6000840) and an undeveloped 3.19± acre parcel (LRSN 13002430) from Multiple Residence District (R-M) to Special Public Interest - Hampton Roads Center North Campus (SPI-HRCNC) to permit business and light industrial development.
ACTION: Presented by David Stromberg, City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Donnie R. Tuck.
Use Permit
16.10-0298Use Permit No. 1064 by John Lowe for 22 Mellen, LLC. to permit two residential units above commercial uses at 22 E. Mellen Street [LRSN 12001396].
ACTION: Presented by Mike Hayes, Senior City Planner.
ACTION: Held Public Hearing - John Lowe, the applicant, spoke on the item.
ACTION: Approved - subject to two (2) conditions.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
17.10-0302Use Permit Application No. 1065 by Langley View, LLC to place fill and crush an existing mound of concrete on a 36.1± acre lot located on the north side of Potter Lane, approximately 2,500 feet east of Armistead Avenue (LRSN 6000826).
ACTION: Deferred (8/11/2010) - There were two speakers who agreed to wait until the matter is heard.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
Conditional Privilege
18.10-0296Conditional Privilege Application No. 107 by Bethel Christian Church to allow a Day Care 3 at the Bethel Christian Church located at 21 and 25 Rip Rap Road (LRSN 8000729 & 8000730).
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - Hugh Bassette spoke in favor of the application.
ACTION: Approved - subject to ten conditions.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Ross A. Kearney, II.
19.10-0297Conditional Privilege Application No. 108: Proposal by Someplace Like Home, LLC to operate a Day Care 3 for up to 67 children at 1416 Todds Lane (LRSN 3001227).
ACTION: Presented by Jeff Conkle, City Planner.
ACTION: Held Public Hearing - the applicant, Laurie Fabry, spoke on the application.
ACTION: Approved - subject to 12 conditions.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Resolutions
20.10-0281Resolution authorizing the execution of a Use Agreement between the City of Hampton and The Virginia Air and Space Center (“VASC”) for approximately 1891 square feet of city property located at 32 E. Queens Way, RPC No. 2002883 for storage of equipment used by the VASC for the Downtown Farmers Market and Downtown Hampton events sponsored and funded by the City for which the VASC is responsible.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
General Items
Ordinances
21.10-0292Ordinance to amend and reenact Chapter 21 of the Code of the City of Hampton, “Motor Vehicles and Traffic”, Article VI “Pedestrians” by adding thereto a new section 21-188 entitled “Distribution of handbills, solicitation of contributions and sales of goods or services on public roads and designated highways prohibited”.
ACTION: Deferred (8/11/2010) - the motion was defeated. Although this wasn't a public hearing item, the Mayor allowed speakers on this item. Nine individuals spoke on the issue.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
ACTION: Adopted

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
22.10-0295Ordinance to amend and re-enact Chapter 24 of the Code of the City of Hampton, “Offenses – Miscellaneous”, Article I, “In General”, Section 24-40 “Electric Fences” to permit electric fences in designated areas of the city.
ACTION: Deferred (8/11/2010) - the motion was defeated. Bill Cowardin, responded to questions from Council. He represents an entity seeking to install such a fence.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Donnie R. Tuck.
ACTION: Adopted

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
Appointments
23.10-0127to consider an appointment to the Thomas Nelson Community College Board of Trustees
ACTION: Appointed Deborah Reese to serve a 4 year term expiring on June 30, 2014, and Kyle Adams to fulfill the unexpired portion of Chris Stuart's term which expires on June 30, 2011.

MOVER: Councilmember Angela Lee Leary.
24.10-0288to consider appointments to the Transportation District Commission of Hampton Roads
ACTION: Appointed Vice Mayor Wallace and Councilman Moffett.

MOVER: Councilmember Angela Lee Leary.
25.10-0314to consider appointments to the Community Policy and Management Team
ACTION: Appointed Paul Cole to serve until November 30, 2012, as the representative for Lutheran Family Services and James Gray in the place of Mary Bunting to serve until November 30, 2012 and Everett Bensten in the place of Steven Bond.

MOVER: Councilmember Angela Lee Leary.
26.10-0315to consider an appointment to the Building Code Board of Appeals
ACTION: Appointed Dexter L. Godfrey to serve a five year term which will expire on June 30, 2015.

MOVER: Councilmember Angela Lee Leary.
27.10-0316to consider an appointment to the Board of Review of Real Estate Assessment
ACTION: Reappointed Kim Borum to a second four year term which will expire on June 30, 2014.

MOVER: Councilmember Angela Lee Leary.
28.10-0317to consider appointments to the Clean City Commission
ACTION: Appointed Beverly Credle and Samuel Endicott to four year terms which will expire on June 30, 2014, and reappointed John Moyer to his first full term which will expire on June 30, 2014, and appointed Councilwoman Leary as the Council liaison to the commission to serve until June 30, 2014.

MOVER: Councilmember Angela Lee Leary.
29.10-0318to consider appointments to the Grievance Board
ACTION: Reappointed Lesa Clark to her second 4 year term which will expire on June 30, 2014; appointed Renee Brooks to serve a 4 year term until June 30, 2014; and appointed Nicole Wheeler to fulfill the unexpired portion of Steven Brown’s term which will expire on June 30, 2012.

MOVER: Councilmember Angela Lee Leary.
30.10-0319to consider an appointment to the Virginia Peninsula Disability Services Board
ACTION: Reappointed William Adams to a 3 year term expiring on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
31.10-0320to consider appointments to the Animal Control Advisory Board
ACTION: Reappointed Dr. Brian Gooding and Livingston Whiting for terms expiring on June 30, 2013 and appointed Linda Seely to fulfill the unexpired portion of Gary Hicks’ term to expire on September 30, 2013. An SPCA Board Member appointment will take place at a later date.

MOVER: Councilmember Angela Lee Leary.
32.10-0321to consider appointments to the Board of Directors of the Virginia Air & Space Center
ACTION: Reappointed William M. Grace, James S. McNider, III and James A. “Pete” Peterson to 4 year terms expiring on June 30, 2014.



MOVER: Councilmember Angela Lee Leary.
ACTION: Deferred (9/8/2010) an appointment for a replacement for Chris Stuart.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
33.10-0322to consider an appointment to the Peninsula Airport Commission
ACTION: Appointed Vice Mayor Wallace to fulfill the term of James J. Lockhart. This term will expire on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
34.10-0323to consider appointments to the Hampton Arts Commission
ACTION: Appointed Councilman Stuart to serve as the Council representative and Councilman Kearney to serve as the Council alternate to a term expiring on June 30, 2012; reappointed Jim Stanley and Regina Mays to 2 year terms expiring on June 30, 2012; and appointed Gaylene Kanoyton to a two year term expiring on June 30, 2012.

MOVER: Councilmember Angela Lee Leary.
35.10-0324to consider appointments to the Board of Directors of the Office of Human Affairs
ACTION: Reappointed Mayor Ward with Anderson W. Clary, Jr. serving as her representative and Vice Mayor Wallace with Martin Cross serving as his representative until June 30, 2010 and appointed Councilwoman Leary with Christine Woods serving as her representative and Councilman Stuart with Brian Jackson serving as his representative until June 30, 2012.

MOVER: Councilmember Angela Lee Leary.
36.10-0326to consider appointments to the Purchasing and Procurement Oversight Committee
ACTION: Appointed Eddie Deerfield to serve a 4 year term to expire on June 30, 2014, and reappointed Teresa Walker, Michael Graves, Crystal Kleiber and Vice Mayor Wallace to terms expiring on June 30, 2012.

MOVER: Councilmember Angela Lee Leary.
ACTION: Deferred (10/13/2010) the appointment of a replacement for Carolyn Boyer.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
37.10-0325to consider the appointment of Council liaisons to various Boards, Commissions and Committees
ACTION: Appointed the following Council representatives:

Planning Commission - Councilman Tuck

Clean City Commission - Councilwoman Leary

Cultural Alliance of Hampton Roads - Councilman Stuart

FEMA Emergency Food and Shelter Program - Councilwoman Leary

Greater Peninsula Workforce Development Consortium - Councilman Stuart and Councilman Moffett

Hampton Arts Commission - Councilman Stuart and Councilman Kearney

Hampton Tourism Advisory Committee - Councilwoman Leary and Councilman Kearney

National Aeronautics Support Team - Councilman Tuck

Peninsula Public Sports Facility Authority - Councilman Moffett and Councilwoman Leary as alternate

Peninsula Town Center Advisory Committee - Councilman Stuart and Councilman Kearney

Town and Gown - Councilman Tuck and Councilwoman Leary as alternate

Virginia First Cities - Vice Mayor Wallace

Virginia Peninsula Chamber of Commerce - Councilman Stuart

Finance Committee - Vice Mayor Wallace and Councilman Tuck

Hampton Roads Planning District Commission - Mayor Ward (Executive Committee), Councilman Kearney, and Mary Bunting

Hampton Roads Transportation Planning Organization - Mayor Ward and Councilman Kearney

Hampton Roads Air Quality Committee - Mayor Ward and Mary Bunting

Hampton Roads Regional Jail Authority - Councilman Kearney with Councilwoman Leary as alternate

Military and Civilian Family Violence Prevention Council - Mayor Ward

Virginia Living Museum - Councilman Kearney.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
38.10-0309City’s Strategic Approach to Shoreline Protection, Tidal Plains Management, Stormwater Management, and Citywide Dredging
ACTION: Presented by James A. "Pete" Peterson, Assistant City Manager.
39.10-0311Blight Management Briefing
ACTION: Deferred (8/11/2010) - with the request that it be placed early in the evening agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
Items Added to Agenda
40.10-0327Donation of equipment valued in excess of $8,600.00 to the Hampton Police Division from the Coliseum Central Business Improvement District
ACTION: Approved items 40 (10-0327), 41 (10-0328) and 42 (10-0329).

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
41.10-0328Resolution approving a utility easement to Virginia Electric and Power Company (“Dominion Virginia Power”) for a 15’ x 880’ easement (totaling 13,200+ square feet) at 1306 Big Bethel Road (LRSN 5000035) for the transmission and distribution of electric power to a telecommunications tower serving City facilities and public safety operations.
ACTION: Approved items 40 (10-0327), 41 (10-0328) and 42 (10-0329).

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
42.10-0329Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Criminal Justice Systems Improvement Grant through the Virginia Department of Criminal Justice Services.
ACTION: Approved items 40 (10-0327), 41 (10-0328) and 42 (10-0329).

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
Miscellaneous New Business
  Councilwoman Leary thanked the citizens who have provided socks for veterans and indicated she'll continue to accept donations.
Adjournment