Last Publish on 8/20/2009 5:18:15 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, August 12, 2009
7:00 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 - Councilman George E. Wallace
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward recognized Boy Scout Troop 218 attending the meeting.

Mayor Ward also introduced Chantel Walton, who spoke about the Hampton Teen Center, which is opening on August 29th, and also this Saturday's Open House at the Hampton Teen Center. She was accompanied by Ambrossa Alexander and Michael Bock.

The Mayor also offered comments with respect to agenda item 26 concerning the petition filed on the June 10th rezoning of properties in Buckroe.
CONSENT AGENDA
Consent Items
1.09-0308Resolution Approving the City of Hampton, Virginia’s Support of the Green Jobs Alliance (GJA), the GJA Mission, and the GJA’s Applications for Federal Grants under the American Recovery and Reinvestment Act (ARRA)
ACTION: Approved - This item was removed from the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember George E. Wallace.
2.09-0322Request for Refund of Erroneous Tax Assessments for 2009
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
3.09-0323Resolution to Approve Virginia Department of Transportation (VDOT) to Program the Commander Shepard Boulevard Extension Phase 2 Right of Way Phase and Authorize the City Manager to Execute the Necessary Agreements with VDOT for this Project.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
4.09-0324Resolution Determining the Center for Effective Public Policy/Center for Sex Offender Management to be the Only Source Practicably Available from Which to Procure Juvenile Sex Offender Management Training and Technical Assistance and Authorizing the Negotiation and Execution of a Purchase Contract with the Center for Effective Public Policy/Center for Sex Offender Management as “Sole Source.”
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
5.09-0325Resolution Approving Participation and Appropriation of the 2009 Juvenile Accountability Block Grant (One Time Award) Through the Hampton Court Service Unit from the Virginia Department of Criminal Justice Services.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
6.09-0326Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009-2010 Early Intervention Services for Infants and Toddlers with Disabilities and their Families Contract Amendment, Part C of the Individual with Disabilities Education Act.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
7.09-0327Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2007 public safety Interoperable Communications (PSIC) Grant through the United States Department of Homeland Security, Federal Emergency Management Agency and the Virginia Department of Emergency Management.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
8.09-0328Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the Virginia Department of Emergency Management, Local Emergency Management Performance Grant, 2008 Funds.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
9.09-0329Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Neighborhood Stabilization Program Grant through the Virginia Department of Housing and Community Development.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
10.09-0330Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Summer Youth Employment Program through the Peninsula Council for Workforce Development.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
11.09-0332Resolution Accepting and Appropriating Funds for the Hampton Clean City Commission from the Department of Environmental Quality, the Solid Waste Fund, the Stormwater Fund and the General Fund.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
12.09-0334Resolution to approve an Encroachment Agreement between the City of Hampton and Old Point National Bank of Phoebus, N.A. to allow the installation and maintenance of fiber optic conduit in a portion of City right of way and City property located at West County Street and South Mallory Street and authorize the execution of same.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
13.09-0337Virginia Department of Housing and Community Development Neighborhood Stabilization Program (NSP) Policies
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
14.09-0338Resolution Requesting $750,000 from the Virginia Department of Transportation's FY10 Revenue Sharing Program for the King Street/Little Back River Road Phase 1 Improvements Project in the City of Hampton
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
15.09-0339Resolution Approving FY09 Year End Budget Adjustments
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
16.09-0340A Resolution Appropriating $4,653,900 from the General Fund Undesignated Fund Balance to the Capital Projects Fund for Back River Dredging and Shoreline Restoration and Protection
ACTION: Approved - This item was removed from the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember George E. Wallace.
17.09-0341Resolution Appropriating $4,330,660 from the VDOT Urban Construction Account and $606,948 from Unappropriated Interest Earned on VDOT Urban Construction Funds for the Completion of Construction for Commander Shepard Phase 1. Engineering Project No. 97-016A
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
18.09-0342Approval of the Minutes from the Afternoon and Evening meetings of July 8, 2009, and the Special meetings of July 27 and 28, 2009.
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
19.09-0343A Resolution Determining Cummins Atlantic, LLC to be the Only Source Practicably Available from which to Procure Warranty and Repair to Cummins Engines and Authorizing the Negotiation and Execution of a Purchase Contract with Cummins Atlantic, LLC as “Sole Source”
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
20.09-0344Resolution Authorizing the Transfer of $1,850,000 from the Crossroads Structural Parking Project to Coliseum Central Infrastructure Projects and Parking Improvements at Armistead Pointe
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
21.09-0345Resolution Encouraging the United States Congress to Adopt Legislation and to Appropriate Funds for the Removal of the Environmentally Hazardous James River Reserve Fleet and to Encourage Other Affected Virginia Localities to Take a Similar Action
ACTION: Approved items 2 - 15 and 17 - 21 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
22.09-0314Recognition of Fire Chief James A. Gray, Jr. Upon Achieving the Professional Designation of "Chief Fire Officer (CFO)"
ACTION: Presented by Mary Bunting, Assistant City Manager, to Chief Gray.
23.09-0318Presentation of the 2009 Mayor's Cup by the Mid Atlantic Blood Region of the American Red Cross
ACTION: Presented by Judy Carr, a member of the Board of the Mid Atlantic Blood Region of the American Red Cross, to Mayor Ward. Mayor Ward acknowledged the great job of Sharon McSmith, Senior Planning Analyst, and Lt. George Burton of the Hampton Police Division, who coordinate the efforts of City staff.
PRESENTATION OF PETITIONS
24.09-0347Presentation of "Petition of Qualified Voters Under the Hampton City Charter [Section 3A-6] to Revise Section 2-311, Article XIII, of the Code of Hampton"
ACTION: Presented by Katherine K. Glass, CMC, Clerk of Council.
ACTION: Council set the public hearing for September 23, 2009.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington, Jr..
25.09-0304Presentation of Petition to Repeal Ordinance No. 09-0238 (Rezoning Application No. 1280)
ACTION: Presented by Katherine K. Glass, CMC, Clerk of Council.
PUBLIC HEARINGS
Rezonings
26.09-0335Ordinance regarding the Petition Of Qualified Voters filed on July 8, 2009 pursuant to Hampton City Charter §3A-10 et seq. to repeal Ordinance No. 09-0238 adopted on June 10, 2009 : (described as Rezoning Application No. 1280 by the City of Hampton and the Hampton Redevelopment and Housing Authority) rezoning four parcels totaling 7.81± acres from One Family Residence District (R-9), Neighborhood Commercial District (C-1), Limited Commercial District (C-2), and Special Public Interest District – Buckroe (SPI-B) to Special Public Interest – Buckroe Bayfront District (SPI-BBD) for single-family, multi-family, and mixed use commercial and residential development. The area rezoned consisted of four parcels; the first being four City-owned lots totaling 3.96+ acres in the block bounded by North Mallory Street, Pembroke Avenue, South 2nd Street, and Point Comfort Avenue, and excluding 220 Point Comfort Avenue; the second being one City-owned lot totaling 1.36+ acres bounded by Point Comfort Avenue, South 2nd Street, Coaster Way, and South 1st Street; the third being one City-owned lot totaling 1.66+ acres bounded by South 2nd Street, Buckroe Avenue, South 1st Street, and Boardwalk Way; and the fourth consisting of an area that includes four Hampton Redevelopment and Housing Authority lots and one City-owned lot totaling .82+ acre, located on the north side of Pembroke Avenue, between North Mallory Street and South 2nd Street, and south of the first alley parallel to Pembroke Avenue at a depth of 115 feet.
ACTION: Held Public Hearing - There were 26 speakers on this item.
ACTION: Approved - the motion to approve was clarified to be a motion to repeal Ordinance No. 09-0238. Councilwoman Leary indicated that she made the motion for the purpose of opening the discussion on this item.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
Resolutions
27.09-0333Resolution authorizing the execution of a Lease Agreement between the City of Hampton and Peter Maisey to lease 801 sq. ft. of a downstairs duplex known as 3A Greenhill Lane and located on the Greenman property at 1 Greenhill Lane
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember George E. Wallace.
General Items
Ordinances
28.09-0232Ordinance to amend and reenact Chapter 32.1 “Solid Waste”, Article I “In General” and Article II “Collections by the City” to effect necessary “housekeeping” changes and Section 32.1-22 “Refuse containers generally”, Section 32.1-30 “Certain materials not collected” and Section 32.1-33 “Collection from private streets” to clarify certain existing policies and services.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
Resolutions
29.09-0321Resolution Authorizing the City Manager and the City Attorney to Prepare a Conservation Easement to be Dedicated to the Virginia Outdoors Foundation for the Perpetual Preservation of Buckroe Beach and Buckroe Bayfront Park Lots for Public Use
ACTION: Approved - The resolution was amended to include language allowing other easment holders rather than specifically the Virginia Outdoors Foundation.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
Appointments
30.09-0263to consider an appointment to the Industrial Development Authority
ACTION: Appointed Dr. Lewis Bellinger to a term expiring on March 31, 2013.

MOVER: Councilmember Angela Lee Leary.
31.09-0266to consider an appointment to the Purchasing and Procurement Oversight Committee
ACTION: Appointed Matthew Bergman to a term beginning immediately and concluding on June 30, 2011.

MOVER: Councilmember Angela Lee Leary.
32.09-0270to consider an appointment to the Hampton Parking Authority
ACTION: Deferred (9/9/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
33.09-0309to consider appointments to the Citizens' Unity Commission.
ACTION: Reappointed Thomas A. Taft, Donald E. Miller Jr. and Benjamin Cuker to serve their second terms which will expire on June 30, 2013; and reappointed Kimberly Hinton, Kim Humphrey and Hector Cruz-Lopez to their first full terms which will also expire on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
34.09-0315to consider the appointment of an alternate to the Transportation District Commission of Hampton Roads.
ACTION: Appointed Carlton Campbell as an alternate to Grace Routten.

MOVER: Councilmember Angela Lee Leary.
35.09-0316to consider an appointment to the Hampton Federal Area Development Authority
ACTION: Deferred (9/9/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
36.09-0320to consider an appointment to the Board of Directors of the Virginia Air and Space Center.
ACTION: Appointed Dr. Linda Shifflette to serve a four year term expiring on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
37.09-0346to consider an appointment to the Peninsula Stadium Authority
ACTION: Appointed John Eagle in the place of J. B. Oliver, Jr. to serve until September 30, 2011.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Joe Elliott spoke about the Hampton River dredging project with respect to Ancillary 6.

Dr. Theodore Reiff spoke with respect to a letter he send to Council on August 11th.

Pat Parker, President of the Hampton Land Conservancy, offered their services to Council.

James Quigley of the Peninsula Libertarian Party, indicated their search for three candidates to run in the next Council election.

Angela Wheeler spoke on behalf of residents of the trailer park on Buckroe Avenue.

Robert W. Nuckles spoke on the problem of crime.

Frank J. Ottofaro spoke about the taking of his property on Pine Chapel Road.

Sandra Canepa spoke on the proposed conservation easement and the creation of a world-class waterfront park.

George Baisley spoke about elderly tax relief.

Virginia Lyeth spoke about the Peninsula Association for Sickle Cell Anemia not receiving a grant.

Willie Dawes presented photos of his home and is seeking the assistance of Hampton.

Miscellaneous New Business
  Councilwoman Leary read from an article which apperaed in Virginia Business involving vested rights. The article was written by Stephen W. Brewer, Esquire of Willcox & Savage.

She reminded citizens that a Day of Rememberance and Hope will take place on September 11, 2009, at Gosnold's Hope Park and invited readers to participate.
Adjournment