Last Publish on 12/10/2009 1:48:32 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 09, 2009
6:52:27 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:
J. B. Oliver, Jr., Interim City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilwoman Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
1.09-0511Motion to appoint Mary Bunting as City Manager.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
2.09-0512Motion authorizing the City Attorney to negotiate, and the Mayor to sign, a contract of employment with Mary Bunting as City Manager effective on January 1, 2010, on terms that include (1) salary and benefits that are generally comparable in nature and amounts to those of the two most recent Hampton city managers; and (2) a severance pay provision providing for enhanced severance in the event of termination without cause in the first two years of employment.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
CONSENT AGENDA
Consent Items
3.09-0491Approval of Minutes from Special Meetings of the Hampton City Council held on November 12, 2009, November 20, 2009, and December 3, 2009, and from the Afternoon and Evening Meetings held on November 18, 2009.
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Joseph H. Spencer, II.
4.09-0493Resolution Approving Stafford Electric Heating and Air Conditioning to be the Only Source Practicably Available from which to Procure AirMation Diesel Exhaust Capture Systems and Authorizing the Negotiation and Execution of a Purchase Contract with Stafford Electric Heating and Air Conditioning as “Sole Source” for Installation of the Diesel Exhaust Capture System
ACTION: Approved - this item was removed from the consent agenda at the request of Councilwoman Leary. Assistant City Manager Mary Bunting provided additional information on the item.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
5.09-0499Resolution to approve the vacation of (a) a portion of City right of way located at Mercury Boulevard and North Armistead Avenue which contains 0.021 acres, (b) a 10' setback, (c) a "Green Area" easement, and (d) a landscaping covenant easement for CVS 75549 VA, L.L.C., a Delaware limited liability company, and the execution of the Vacation Agreement.
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Joseph H. Spencer, II.
6.09-0502Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2008-2009 Triad Crime Prevention for Seniors Grant Program Through the Commonwealth of Virginia, Office of the Attorney General.
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Joseph H. Spencer, II.
7.09-0509Resolution of the Council of the City of Hampton, Virginia Confirming the Order Terminating Declaration of Local Emergency Declared by the Hampton Director of Emergency Management on November 12, 2009
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Joseph H. Spencer, II.
8.09-0501Resolution Designating Certain Areas of the City Of Hampton, Virginia as “Recovery Zones” Pursuant to The American Recovery And Reinvestment Act Of 2009
ACTION: Approved items 1 and 3 through 6 on the consent agenda.

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Joseph H. Spencer, II.
9.09-0510Resolution Approving Projects to be Financed with Recovery Zone Bonds Pursuant to The American Recovery And Reinvestment Act Of 2009
ACTION: Approved - this item was removed from the consent agenda. Assistant City Manager James A. "Pete" Peterson provided additional information on this agenda item. City Attorney Cynthia Hudson also provided information.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
  Mayor Ward asked Jim Oliver, City Manager, to read a letter from Congressman Glenn Nye congratulating Hampton's Parks and Recreation Department on their efforts in connection with Earthfest. Jim Wilson, Director of Parks and Recreation, accepted the letter and shared information on the event.

Vice Mayor Joseph H. Spencer, II read a proclamation honoring Mike London on his selection as the head football coach of the University of Virginia. Coach London was represented by his parents, Mr. and Mrs. Wilson London. Also in attendance were Coach Dennis Kozlowski, and representatives of Hampton City Schools, Dr. Linda Shifflette, Superintendent of Schools, and Dr. Patricia Johnson, Assistant Superintendent of Secondary Education.

Councilman Kearney, who originated this tradition, shared the winners of the Mayor's Christmas card contest along with photos of their artwork. These young artists from each of Hampton's high schools will be honored during the Spotlight on Citizens program airing on Channel 47.

PUBLIC HEARINGS
Rezonings
10.09-0478Rezoning Application No. 1281 by The Shores of the Chesapeake Bay, LLC, AH & H Corporation, and Abbott Associates, LLC to rezone several parcels generally bounded by Resort Boulevard to the east, Seaboard Avenue to the south, 2nd Street to the west, and Point Comfort Avenue to the north from Neighborhood Commercial District (C-1) and Limited Commercial District (C-2) to Limited Commercial District (C-2) and Special Public Interest – Buckroe Bayfront District (SPI-BBD) allowing for single-family, duplex, multi-family and commercial development.
ACTION: Withdrawn by applicant.
11.09-0505Rezoning Application No. 1282 by the Hampton Redevelopment and Housing Authority to rezone 1016 N. King Street (LRSN 8001174), LRSN 8001173 and LRSN 8001171, totaling 2.84+ acres, from Neighborhood Commercial District (C-1) to Multiple Dwelling District (MD-3) for a multifamily development.
ACTION: Presented by Michael Hayes, City Planner. Philip Page, Development Manager of the Hampton Redevelopment and Housing Authority, also responded to questions by members of Council.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
Conditional Privilege
12.09-0504Conditional Privilege No. 102: by Brian Harmon to operate a pawn shop at 310 E. Mercury Boulevard (LRSN 12000781).
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing - there were two speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
General Items
Ordinances
13.09-0500Ordinance to Amend and Reenact Chapter 10 entitled “Cemeteries”, Article I, Section 10-6 entitled “Area Requirements”, of the Code of the City of Hampton, Virginia to clarify area requirements for church cemeteries.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Councilwoman Leary explained that she wasn't at the last evening Council meeting due to a visit to the emergency room. She thanked the staff for the work done with the volunteers who worked on the clean-up recovery effort following the past Nor'easter storm.
Audiences Granted to the General Public
  Rev. Alberta Shannon requested assistance from the City in getting her business reestablished.

Kerry Hall requested assistance with a construction problem with his residence.

Eddie Deerfield spoke on the B lots in Buckroe, on real estate purchases and sales by the City, fewer Council meetings, and many other areas.

Joan Charles requested a return to two Council meetings a month. She also questioned the information provided in connection with consideration in property acquisitions by the City.

Edwin Boone spoke on insight and the need for minority businesses to attend meetings of the Purchasing and Procurement Oversight Committee.

Hugh Bassette spoke on the issue of eminent domain and in support of Mr. Ottofaro.

Deborah Pearson and Maderia Cooper spoke on police searches and racial profiling. The City Attorney indicated that the City has made a response to the written complaints filed on these incidents. The video evidence doesn't support the allegations.

Rudy Langford spoke about a complaint by Kirby Johnson involving a police search and said the Coalition has filed many similar complaints. The City Attorney indicated that she couldn't comment since this is the subject of a pending lawsuit but is similar to the other two incidents.

Frank Ottofaro spoke on the taking of his property on Pine Chapel Road for the Power Plant.

Maurice Kleinman spoke on flooding in his area. At the Mayor's request, Assistant City Manager James A. "Pete" Peterson provided an update on the restoration work at Factory Point.

James Rudisill spoke on the lack of a homeless shelter in Hampton.

Peggy Blake thanked Council for the job they are doing.

Sherry Powell spoke on the flooding issue in Riverdale.

George Baisley wished the Council happy holidays and requested a tax break for senior citizens.

Andrew Shannon of the SCLC thanked Council for their efforts to honor Dr. Martin Luther King, Jr.

James Quigley spoke on the rezoning application withdrawn earlier in the evening.

Harriett Arrington spoke on the flooding issue in Riverdale.
Miscellaneous New Business
  Councilwoman Leary shared recent conversations she has had with citizens about flooding. She wished all Hampton citizens and those beyond a very special Merry Christmas, Happy Hannukah and Happy Kwanzaa.

Councilman Wallace spoke on the flooding issue and areas of repetitive flooding. Some things, due to topography, simply can't be dealt with.

Councilman Gilliland wished the citizens and his fellow members of Council happy holidays.

Councilman Washington expressed that he looks forward to the coming year and facing challenges together. He asked that all listening remember what the season is about - Christ-mas.

Councilman Kearney wished all a Merry Christmas. He expressed that we have a great city that comes together and is inclusive. It has been his honor and pleasure to serve.

Vice Mayor Spencer echoed the others' comments. He indicated that he listens and tries to find some resolution. He expressed that Hampton is a special community which will celebrate its 400th birthday in 2010. He reminded citizens of the Holly Days Parade Saturday night downtown and reminded citizens to remember the brave men and women who are away from home serving our country.

Mayor Ward wished everyone happy holidays. She encouraged everyone to participate in the festivities of our 400th celebration and thanked citizens for the opportunity to serve.

Councilman Wallace shared his Christmas message and added his blessings.

City Manager Jim Oliver shared his reflections on the past six months of service as Hampton's Interim City Manager. He spoke about Hampton's sense of place and community and the many special things Hampton has to celebrate. Hampton's 400th birthday is special to the entire country. He hopes the citizens see the special opportunities and possibilities out there for Hampton. He indicated one of the challenges will be defining what citizenship means today and what government's role is. Mr. Oliver also complimented the excellence of Hampton's staff.
Adjournment