Last Publish on 10/13/2011 9:33:18 AM
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, October 12, 2011
7:01:40 PM
Ross A. Kearney, II, 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 Donnie R. Tuck
  Councilman Tuck gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward shared that the Mayor and other representatives from our sister city, Anyang, South Korea will be visiting next week and encouraged citizens to share hospitality if they encounter them.

Mayor Ward shared that Dorothy Rouse Bottoms passed away today and shared thoughts about her contributions to our community.

Mayor Ward expressed her appreciation of Councilwoman Leary's service to Hampton and announced that the October 26, 2011, Hampton City Council meeting will have a special Spotlight on Citizen segment in recognition of Mrs. Leary. She asked Robin McCormick, the City's Communication Strategist, to read the press release which was issued yesterday regarding Mrs. Leary's resignation from Council.

Councilman Moffett shared some additional comments regarding a recent visit with Councilwoman Leary. Councilman Stuart shared that Mrs. Leary's community service started when she was 14 years old.

The Mayor asked the City Attorney to explain the process used to fill a vacancy on Council. Ms. Cynthia Hudson, City Attorney, explained that this process is guided by Section 3.02 of the Hampton City Charter. This section requires that the appointment is made by a majority vote of the remaining members of Council within 60 days or the matter goes to the Circuit Court Judges.

Mayor Ward briefly outlined some of the issues which are before Council or will be before Council in the near future.

Councilman Moffett made a motion regarding an appointee to fulfill the unexpired portion of the term vacated by Mrs. Leary.

Vice Mayor Wallace shared some of the thought process which went into this decision. Councilman Moffett did the same.
1.11-0337I move that Council appoint Joseph H. Spencer, II to fulfill the unexpired portion of Angela Leary's term.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
2.11-0324Presentation of Report Assessing Downtown Hampton as requested by Downtown Hampton Development Partnership
ACTION: Presented by Yaromir Steiner. Mayor Ward and other members of Council thanked Mr. Steiner for his efforts. There will be an opportunity where the public is encouraged to share their thoughts on Mr. Steiner's report and the recommendations it contains.
CONSENT AGENDA
Consent Items
3.11-0302Approval of the minutes from the afternoon session of April 13, 2011; the afternoon session of August 10, 2011; the evening session of August 10, 2011; the special meeting of September 7, 2011; the public comment session of September 14, 2011; and the Spotlight on Citizens and public comment session of September 28, 2011.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
4.11-0303Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009 Port Security Grant.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
5.11-0305Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009 Port Security Grant (Emergency Position Indicating Radio Beacon)
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
6.11-0306Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009 Port Security Grant (ATV and Trailer).
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
7.11-0307Resolution Approving and Appropriating 2012 Aid to Locality Funds from the Commonwealth of Virginia-Department of Fire Programs.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
8.11-0308Resolution Approving and Appropriating One Special Needs Trailer and Medical Supplies Presented to the City of Hampton by the Regional Metropolitan Medical Response System (MMRS)
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
9.11-0309Resolution Approving and Appropriating One Pet Sheltering Trailer and Supplies Presented to the City of Hampton by the Urban Area Security Initiative (UASI) Program - FEMA - Department of Homeland Security
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
10.11-0310Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the 2010 State Homeland Security Citizen Corps Grant
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
11.11-0311Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010 Virginia Department of Emergency Management, Local Emergency Management Performance Grant (LEMPG)
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
12.11-0312Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2011 Virginia Department of Emergency Management, Local Emergency Management Performance Grant (LEMPG)
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
13.11-0313Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2012 DMV Highway Safety Grant.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
14.11-0314Resolution Approving FY11 Year End Budget Adjustments
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
15.11-0318Resolution Requesting $4,526,000.00 from the Virginia Department of Transportation's FY13 Revenue Sharing Program and Authorization of the City Manager to Execute Necessary Project Agreements
ACTION: Approved - this item was pulled from the consent agenda for separate vote at the request of Councilman Tuck.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
16.11-0326Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2011-2012 Hampton Adult Drug Treatment Court Grant Program Funding Program Through the Hampton-Newport News Community Services Board from the Supreme Court of Virginia
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
17.11-0331Resolution Appropriating $23,000.00 (Twenty Three Thousand Dollars And Zero Cents) Donated To The City Of Hampton By The Federal Bureau Of Investigation For The Sole Purpose Of The Purchase Of Certain Police Equipment To Improve The Hampton Police Weapons Range
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
18.11-0332Resolution Endorsing Mar-Mac TSI - A First Med Company To Establish An Office In The City Of Hampton To Provide Non-Emergent Medical Transport, And Making Clear That Mar-Mac TSI – A First Med Company Is Not An Integral Part Of The Public Safety Network
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
19.11-0333Resolution to Appropriate Hazmat Recovery Funds from City's General Fund Account to Fire & Rescue's Fiscal Year 2012 Budget.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
20.11-0334Resolution Accepting the Donation of $6,000.09 to the Hampton Police Division from the Coliseum Central Business Improvement District to be Used for the Purchase of Three Minuteman Protective Shields and Two Toshiba Thrive Tablets for Use by Officers.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Community Plan Amendment
21.11-0317Community Plan Amendment No. 018-2011 by the City of Hampton to amend the Hampton Community Plan (2006, as amended) by adopting the Peninsula Hazard Mitigation Plan 2011 Update.
ACTION: Presented by Sara Ruch.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Rezonings
22.11-0315Zoning Ordinance Amendment No. 031-2011 by the City of Hampton to amend and reenact the Zoning Ordinance of the City of Hampton, Virginia by amending and reenacting sections 3.1-10(2), 3.2-10(2), 3.3-4(2), 3.3-10(2), 3.4-10(2), 10.1-2(4), 17.2-3(3)(a) wherein references to “R-OS” are deleted to comply with the deletion of the Residential Open Space (R-OS) District on November 8, 1978 and by amending and reenacting sections 20-3 and 20.1-5 wherein references to “R-OS” are deleted and the public hearing provisions are amended to comply with Virginia Code §15.2-2204.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
23.11-0316Zoning Ordinance Amendment No. 032-2011 by the City of Hampton to amend and re-enact chapter 24 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Amendment of Ordinance” by amending section 24-8(2) pertaining to the number of votes of Councilmembers required to amend an ordinance in accordance with section 3.05 of the City’s Charter and section 2-49 of the City Code and reconsideration of a vote in accordance with section 2-48 of the City Code.
ACTION: Presented by Cynthia Hudson, City Attorney.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Donnie R. Tuck.
24.11-0321Zoning Ordinance Amendment No. 034-2011 by the City of Hampton to amend and re-enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled “General Provisions” by deleting section 18-12 pertaining to lots of unusual depth.
ACTION: Presented by Mary Bunting, City Manager. Additional information was provided by Steve Shapiro, Zoning Administrator.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
Resolutions
25.11-0319Resolution Authorizing The Execution Of A Lease Agreement Between The City Of Hampton And The Peninsula Driving Range, Inc. To Use 13 Acres Of Real Property Located At 100 Seldendale Drive.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - Mr. Hugh Bassette asked if it was an expansion and was told it is not. His neighborhood has no objection. Mr. Frank Ottofaro asked about the rent being received by the City and if the City has the liability insurance. The City Attorney's office shared that the liability coverage by the leasor is in the amount of $1 million dollars.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Ross A. Kearney, II.
26.11-0320Resolution Authorizing The Execution Of A Use Agreement Between The City Of Hampton And The Urban League Of Hampton Roads To Use 1653 Sq. Ft. Of The Y.H. Thomas School Building At 1300 Thomas Street.
ACTION: Presented by Mary Bunting, City Manager. She introduced Edith White, the Executive Director of the Urban League of Hampton Roads.
ACTION: Held Public Hearing - Mr. Hugh Bassette spoke in favor of this item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
27.11-0325Resolution authorizing (i) the conveyance of City property consisting of a 0.237 acres +/- (10,345 sq. ft.) portion of LRSN: 12002671 at Woodland Road in the Phoebus Area to CVS 2315 VA, L.L.C., c/o CVS/CAREMARK CORP. (assignee of Lee Hall Plaza, Inc.) (the "Developer") for $86,500.00; (ii) the granting of (a) a temporary 33,314 square foot construction easement, (b) a permanent, non-exclusive 8,024 square foot variable width access easement, (c) a non-exclusive, temporary 28,610 square foot landscape maintenance easement and (d) a permanent, non-exclusive 3,494 square foot variable width drainage easement over City owned property located at Woodland Road (LRSN(s): 12002669, 12002670 and portions of 12002671 & 12002677) to CVS 2315 VA, L.L.C., c/o CVS/CAREMARK CORP. (assignee of Lee Hall Plaza, Inc.) together with the granting of a 3,289 square foot variable width waterline easement to the City of Newport News over City owned property at Woodland Road (LRSN(s): 12002669 & 12002670); (iii) approving the terms of a Land Purchase Agreement between the City and the Developer; and (iv) authorizing the execution and delivery of all transactional documents for the development of a CVS Pharmacy/Drugstore.
ACTION: Presented by Mary Bunting, City Manager. Councilman Kearney shared that a community informational meeting was held in connection with this proposal.
ACTION: Held Public Hearing Jason Chinnis spoke in favor of this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
General Items
Appointments
28.11-0304to consider the appointment of an alternate to the Transportation District Commission of Hampton Roads
ACTION: Appointed Councilman Ross Kearney in the place of Grace Routten to serve as the alternate to Vice Mayor Wallace until June 30, 2012.
29.11-0335to consider an appointment to the Wetlands Board
ACTION: Appointed Laura Burbage to the unexpired portion of Harry Johnson's term which will expire on December 30, 2015, and appointed Troy Thompson as an alternate in her place.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Councilman Kearney thanked the City Manager for the assistance she provided with respect to the Phoebus Day Parade which took place last weekend. Councilman Moffett also expressed his thanks to Jim Wilson, Director of Parks and Recreation for the work he performs.
Adjournment
  The meeting was adjourned at 8:36 p.m.