Last Publish on 7/31/2014 4:41:44 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 09, 2014
7:16 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Teresa V. Schmidt, Chris Snead, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
  The meeting was called to order at 7:06 p.m. with all members of Council present.
INVOCATION - Vice Mayor Linda Curtis
  The invocation was given by Vice Mayor Linda Curtis.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace shared that today is Hampton's 404th birthday. He also indicated that we celebrated Hampton's designation as an All America City during the 5 p.m. session.
CONSENT AGENDA
Consent Items
1.14-0277Approval of the minutes from the March 12, 2014, afternoon session, the March 26, 2014, afternoon meeting, the April 9, 2014, afternoon session, the April 23, 2014, afternoon session, the May 14, 2014, evening session, the May 28, 2014, spotlight on citizens/public comment session, and the June 11, 2014, evening session.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
2.14-0260Resolution Authorizing an Advance of $1,250,000 to the Public Facilities Improvement Projects from the City’s General Fund Unassigned Fund Balance to be returned to the General Fund Unassigned Fund Balance from the proceeds of the City’s 2015 General Obligation Bond Series when issued.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
3.14-0288Resolution Determining Eco, Inc. to be the Only Source Practicably Available from which to Procure Parts for ECO Economizers and Authorizing the Negotiation and Execution of a Purchase Contract with Eco, Inc. as "Sole Source"
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
4.14-0290Resolution Determining James Gray to Be the Only Source Practicably Available From Which to Procure Various City Administration, Project Management, and Transition Services, and Authorizing the Negotiation and Execution of A Service Contract With James Gray As “Sole Source”.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
5.14-0291Resolution Appropriating $419,489 from the Risk Management Fund Unrestricted Net Balance the Risk Management Fund Operating Budget to Cover a Shortage Due to Unanticipated Claims in Fiscal Year 2014.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.14-0289Ordinance to Amend and Reenact Chapter 41.1 of the City Code of the City of Hampton, Virginia Entitled “Wetlands,” by Amending Section 41.1-7, Permitted Uses and Activities, to Comply with Recent Amendments to § 28.2-1302 of the Code of Virginia
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
7.14-0293Ordinance to Amend and Reenact Chapter 33.2 of the City Code of the City of Hampton, Virginia entitled “Stormwater Management” by Amending Section 33.2-4, Definitions; Section 33.2-7, Permit Requirements; and Section 33.2-8 Exemptions to Comply With Amendments to §§ 62.1-44.15, Et Seq. of the Code of Virginia.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
8.14-0294Ordinance to Amend and Reenact Chapter 13.1 of the City Code of the City of Hampton, Virginia Entitled “Land Disturbing Operations” by Amending Section 13.1-6, Permit Application and Fee, to Comply With State Code Amendments
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.14-0295Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2014 Housing Trust Fund Grant through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development (DHCD)
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
10.14-0296Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2012 Continuum of Care Program Grant through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
11.14-0301Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2014-2015 Victim-Witness Program Grant from the Department of Criminal Justice Services
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
12.14-0312Resolution Appropriating $1,232,839.49 from the General Fund Committed Fund Balance to the Langley Air Force Base Clear Zone Project in the Capital Projects Fund.
ACTION: Approved items 1 through 12 on the consent agenda.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
13.14-0300Ordinance To Amend And Re-Enact Chapter 2 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Uses Permitted” By Amending Sections 2-2 And 2-3(47) Pertaining to Micro-Brewery/Distillery/Winery Uses.
ACTION: Presented by Jeff Conkle, City Planner. A combined presentation took place on items 13 - 16.
ACTION: Held Public Hearing - one public hearing was held on items 13 - 16. Jimmy Cerracchio of the Downtown Hampton BID and Elizabeth McCoury of the Coliseum Central BID spoke in favor of these items. Frank J. Ottofaro, Jr. also spoke in favor of these items.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
14.14-0302Ordinance To Amend And Re-Enact Chapter 2.1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 2.1-2 Pertaining To Micro-Brewery/Distillery/Winery And Brewery/Distillery.
ACTION: Presented by Jeff Conkle, Senior Zoning Official. A combined presentation took place on items 13 - 16.
ACTION: Held Public Hearing - one public hearing was held on items 13 - 16. Jimmy Cerracchio of the Downtown Hampton BID and Elizabeth McCoury of the Coliseum Central BID spoke in favor of these items. Frank J. Ottofaro, Jr. also spoke in favor of these items.

ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
15.14-0303Ordinance to Amend and Re-Enact Chapter 2 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Uses Permitted” by amending sections 2-2, 2-3(22) and 2-3(23) pertaining to live entertainment 1, in conjunction with a micro-brewery/distillery/winery and live entertainment 2, in conjunction with a micro-brewery/distillery/winery.
ACTION: Presented by Jeff Conkle, Senior Zoning Official. A combined presentation took place on items 13 - 16.
ACTION: Held Public Hearing - one public hearing was held on items 13 - 16. Jimmy Cerracchio of the Downtown Hampton BID and Elizabeth McCoury of the Coliseum Central BID spoke in favor of these items. Frank J. Ottofaro, Jr. also spoke in favor of these items.

ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
16.14-0304Ordinance to Amend and Re-Enact Chapter Article XV of Chapter 17.3 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “SPI-CC Coliseum Central District” by amending section 17.3-116 pertaining to permitted uses.
ACTION: Presented by Jeff Conkle, Senior Zoning Official. A combined presentation took place on items 13 - 16.
ACTION: Held Public Hearing - one public hearing was held on items 13 - 16. Jimmy Cerracchio of the Downtown Hampton BID and Elizabeth McCoury of the Coliseum Central BID spoke in favor of these items. Frank J. Ottofaro, Jr. also spoke in favor of these items.

ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
Use Permit
17.14-0299Use Permit Application No. 14-00012: Proposal by Hampton University, to amend the conditions of Use Permit No. 1062 for a university use, specifically a dining facility and activity hall, at 530 E Queen Street [LRSN 12001055].
ACTION: Presented by Mike Hayes, Senior City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved with three conditions.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Chris Snead.
Ordinances
18.14-0287Ordinance Approving the Vacation of the Conservation Easement, Pursuant to Chapter 34, Article V of the Hampton City Code, Encumbering the Property Located at 3 Henry’s Fork Drive (LRSN 13000050), Comprising 1,323.2 Square Feet (0.0304 Acre), More or Less
ACTION: Held Public Hearing - Bill Nolte was present to respond to questions.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
General Items
Ordinances
19.14-0292Ordinance To Amend And Reenact Chapter 16.1 Hotels Of The Code Of The City Of Hampton Entitled "Hotels And Similar Establishments", To Clarify Definitions And Expand Exceptions To Sec. 16.1-13.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
Appointments
20.14-0242to consider appointment to the Hampton Federal Area Development Authority
ACTION: Appointed DR. KEVIN S. VAN SLOTEN to the Hampton Federal Area Development Authority to fill the unexpired portion of the term of Mark Stephens which will expire on November 30, 2014.

MOVER: Councilmember Linda Curtis.
21.14-0259to consider appointments to the Hampton Arts Commission
ACTION: Reappointed JACKIE MERRITT and JAMES DEES to the Hampton Arts Commissions to their second terms which will expire on June 30, 2018, and appointed BUENA REESE and PATRICE BILLINGSLEY to their first terms expiring on June 30, 2016. One vacancy remains on this commission.

MOVER: Councilmember Linda Curtis.
22.14-0263to consider appointments to the Purchasing and Procurement Oversight Committee
ACTION: Reappointed WILLIAM BROWN to the Purchasing and Procurement Oversight Committee to his second term which will expire on June 30, 2018, and appointed KEN JOHNSON, BARBARA FRANKLIN, VELMA GREEN and ERNEST SANCHEZ to their first terms expiring on June 30, 2018.

MOVER: Councilmember Linda Curtis.
23.14-0273to consider an appointment to the Hampton Roads Regional Jail Authority
ACTION: Reappointed COUNCILWOMAN CHRIS SNEAD to the Hampton Roads Regional Jail Authority until June 30, 2018, with COUNCILMAN DONNIE TUCK as her alternate and appointed BRIAN DEPROFIO in the place of James Gray as the City Manager’s Alternate.

MOVER: Councilmember Linda Curtis.
24.14-0275to consider appointments to the Hampton/Newport News Community Services Board
ACTION: Reappointed SHERIFF B. J. ROBERTS to the Hampton-Newport News Community Services Board for a second term to expire on June 30, 2017 and appointed GOLDEN BETHUNE-HILL to a three year term expiring on June 30, 2017.

MOVER: Councilmember Linda Curtis.
25.14-0280to consider appointments to Hampton-Newport News Community Criminal Justice Board
ACTION: Reappointed ANTHONY SOLTYS to the Hampton-Newport news Community Criminal Justice Board to a four year term expiring on June 30, 2018.

MOVER: Councilmember Linda Curtis.
26.14-0281to consider appointments to the Citizens' Unity Commission
ACTION: Reappointed PATRICIA LEARY to the Citizens’ Unity Commission to a second term to expire on June 30, 2018.

MOVER: Councilmember Linda Curtis.
27.14-0282to consider an appointment to the Thomas Nelson Community College Board of Trustees
ACTION: Reappointed DEBORAH REESE to the Thomas Nelson Community College Board of Trustees to a second term expiring on June 30, 2018.

MOVER: Councilmember Linda Curtis.
28.14-0283to consider an appointment to the Building Code Board of Appeals
ACTION: Reappointed HERMAN DORSEY, JR. to the Building Code Board of Appeals for a second term expiring on June 30, 2019.

MOVER: Councilmember Linda Curtis.
29.14-0284to consider an appointment to the Virginia Alcohol Safety Action Program (VASAP) Advisory Board
ACTION: Reappointed TERRI TENNESSEE to the Virginia Alcohol Safety Action Program Advisory Board to a second term to expire on June 30, 2017.

MOVER: Councilmember Linda Curtis.
30.14-0285to consider an appointment to Finance Committee
ACTION: Appointed BRANDON SINGLETON to the Finance Committee to a first term expiring on June 30, 2016. Another vacancy will be advertised.

MOVER: Councilmember Linda Curtis.
31.14-0305to consider an appointment to the Social Services Local Advisory Board
ACTION: Appointed VICKI WILLIAMS to the Social Services Local Advisory Board to fulfill an unexpired term which concludes on September 30, 2015.

MOVER: Councilmember Linda Curtis.
32.14-0311To consider appointments to the Youth Commission
ACTION: Appointed TIANNA AVERY, ESTHER BOACHIE, ALEXIS BRACEY, TRISTEN CANTIN, RAE-ANNE CHILDERS, CHERRELLE COTTON, MACKENZIE GRIMM, ANKUSH HOMERICH-DUTT, ADANNA LASSITER, INDIA LEWIS, LEXICE MCNAIR, JAVON MCKINNEY, SONYA MEDINA, MARIAH NOLEN, DE’EUNIQUA PATTERSON, and THOMAS PERRY to the Hampton Youth Commission for two years.

MOVER: Councilmember Linda Curtis.
33.14-0246to consider the appointment of council liaisons to various Boards, Commissions and Committees.
ACTION: Deferred (8/13/2014)

MOVER: Councilmember Teresa V. Schmidt.
SECONDER: Councilmember Linda Curtis.
34.14-0306to consider an appointment to the Planning Commission
ACTION: Reappointed CARLTON CAMPBELL to the Planning Commission until September 30, 2018.

MOVER: Councilmember Linda Curtis.
35.14-0313Motion to add to the agenda the school funding resolution discussed in the afternoon meeting.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
36.14-0314Resolution Authorizing a $500,000.00 Appropriation from the City’s “General Fund Unassigned Fund Balance” to the Hampton City Schools to Bridge the Personal Property Tax Funding Gap Until Fiscal Year 2016
ACTION: Adopted on First Reading

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Vice Mayor Curtis spoke about two recent heroic acts by Hampton Police officers and also highlighted a video where an officer stopped traffic at a busy intersection so a mother duck and her ducklings could cross the street.

Councilman Tuck asked that the City Manager give a status on a 'leash law.' The City Manager briefly responded that the Animal Control Advisory Committee had looked into this issue. Assistant City Manager James Gray relayed that, based on the research on frequency of issues, the committee had decided to not bring that issue forward.

Councilman Tuck also inquired as to the status of demolition of the buildings on the Virginia State School site. The City Manager responded and indicated she will provide a schedule of the work which has been done.

Councilman Tuck inquired about the acquisition of the intersection of Armistead and Potter and the reason for the price the City paid. City Attorney Vanessa Valldejuli responded.

He had a question about a grant to a company that the City Manager indicated she'll have our Director of Economic Development respond.

Councilman Hobbs introduced Officer Leon Robertson who is responsible for much of the creative video and social media work being done by the Hampton Police Division.
Adjournment
  The meeting adjourned at 8:17 p.m.