Last Publish on 12/15/2011 3:29:05 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 14, 2011
7:18:29 PM
Ross A. Kearney, II, Will Moffett, Joseph H. Spencer, II, 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 Joseph H. Spencer, II
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward took the resolution honoring the Montford Point Marines (legislative item #11-0383) and the proposed ordinance to be considered under legislative item #11-0396 out of order on the agenda.

Mayor Ward introduced Assistant City Manager James Gray to address those in attendance on the issues concerning the Ashwood Assisted Living facility, an area of concern brought to Council's attention at the November meeting and about which several citizens spoke during the public comment meeting earlier in the evening. Mr. Brent Kennedy and Mr. Patrick C. Harvey from the Department of Social Services for the Commonwealth of Virginia spoke about their role in this situation and their investigation and potential actions they may be able to take.
CONSENT AGENDA
Consent Items
1.11-0384Approval of Minutes from afternoon session of October 12, 2011; evening session of October 12, 2011; spotlight on citizens and public comment session of October 26, 2011; afternoon session of November 9, 2011; and public comment session of November 9, 2011.
ACTION: Approved items 1, 3 through 7, and 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
2.11-0294Resolution Setting Forth the Policy for the Use of the City Seal on Electronic and Other Correspondence
ACTION: Deferred (2/8/2012) - this item was removed from the consent agenda at the request of Councilman Stuart who will work with Vice Mayor Wallace on a recommendation for Council's consideration.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
3.11-0381Resolution to Reappropriate FY 10 Excess Ambulance Funds from the City's General Fund Account to Hampton Fire & Rescue's FY 12 Budget
ACTION: Approved items 1, 3 through 7, and 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
4.11-0382Resolution of the City Council of the City of Hampton, Virginia authorizing the Industrial Development Authority of the City of Hampton, Virginia to reallocate $50,000.00 of uncommitted funds from the Hampton Manufacturing Assistance Grant Program to the Hampton E-commerce Grant Program.
ACTION: Approved items 1, 3 through 7, and 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.11-0388Resolution Correcting Resolution No. 11-0366 Approving the City of Hampton, Virginia's Participation and Appropriation of the Award of the Bulletproof Vest Partnership Grant Program through the U.S. Department of Justice
ACTION: Approved items 1, 3 through 7, and 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
6.11-0389Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Fiscal Year 2012 Public Safety Answering Point Grant.
ACTION: Approved items 1, 3 through 7, and 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
7.11-0390Resolution 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 1, 3 through 7, and 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
8.11-0395Ordinance to Repeal Non-Coded Ordinance #1112 Suspending Payment Of Certain Fees Associated With Permits Required To Repair Or Replace Property Damaged By Hurricane Irene.
ACTION: Deferred (1/11/2012) - this item was removed from the consent agenda at the request of Councilman Stuart to ensure that citizens have notice of the ending date of the fee waiver period.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
9.11-0407Resolution 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 August 25, 2011 Due To Hurricane Irene
ACTION: Approved items 1, 3 through 7, and 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
10.11-0383Resolution Honoring the Montford Point Marines
ACTION: Presented by Vice Mayor George Wallace. Mayor Ward took this item out of order and it was presented during the Mayor's Comments portion of the meeting. Councilman Moffett also made remarks and named the local members of the Montford Point Marines Association.

Councilman Stuart also shared that he encountered Ezra Hill last weekend, a Tuskegee Airman, who has written a book about his experiences.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Will Moffett.
11.11-0380Presentation of the Government Finance Officers Association of the United States and Canada Distinguished Budget Presentation Award.
ACTION: Presented by Councilman Stuart to the staff members of the Budget Office: Marcia Sagiao, Valerie Jarrett, Lori Green-Braen, Anthy Hall, and Budge Director Gloria Washington.
PUBLIC HEARINGS
Other Public Hearings
12.11-0393Yaromir Steiner Report
ACTION: Presented by Yaromir Steiner.
ACTION: Held Public Hearing - there were six speakers who spoke positively on this item: Jim Gallagher, Earle Hall, John Steiner, Kevin Steele, and Carole Garrison. Hugh Bassette also volunteered to work on any committee to help Downtown Hampton but voiced opposition to consultants.
Rezonings
13.11-0385Ordinance to amend and re-enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled “General Provisions” by (i) deleting section 18-1 pertaining to additional use requirements, section 18-10 pertaining to gasoline dispensing, and section 18-13 pertaining to lot area requirement for motel or tourist court, and (ii) amending section 18-18 (7) by deleting references to small summer homes.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor George E. Wallace.
14.11-0386Ordinance to amend and reenact Article V of the Zoning Ordinance of the City of Hampton, Virginia entitled “Flood Zone District” by amending section 17.3-32 pertaining to the addition of the definition of flood insurance study and floodproofing and section 17.3-33.A.3 pertaining to delineation of the approximated floodplain district as recently recommended by the Federal Emergency Management Agency (FEMA).
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved - Councilman Spencer shared that the City's website with material on this issue is outstanding.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
15.11-0387Ordinance to amend and reenact the chapter 2.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Definitions” by amending section 2.1-4 pertaining to accessory structures.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
Ordinances
16.11-0394Ordinance To Amend And Reenact Section 12-56, Of Chapter 12 "Elections" Of The Code Of The City Of Hampton To Change The Voting Place In The Wythe Precinct From The Wythe School To The Senior Citizens Center
ACTION: Presented by Theresa Kyle, Voting Registrar.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
Resolutions
17.11-0392Resolution (i) Authorizing the Conveyance of City Property in the Phoebus Area to Marlyn Development Corporation (the “Developer”) 25 Lots (LRSN(s): 12002648,12002198, 12002199 and 12002200 Through and Including 12002221) Totaling Approximately 5.19 Acres± Bounded on the East by Mercury Boulevard, on the South by Old Buckroe Road and on the West by Woodland Road; (ii) Approving the Terms of a Development Agreement Between the City and the Developer; and (iii) Authorizing the Execution and Delivery Thereof for the Proposed Senior Residential Development in the Phoebus Area.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved - Councilman Kearney shared that the development agreement includes the widening of Old Buckroe Road between Woodland Road and Mercury Boulevard.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
General Items
Ordinances
18.11-0396Ordinance To Amend And Reenact Chapter 5 "Animals" Of The Code Of The City Of Hampton Section 5-80 "Care Of Companion Animal Kept On Chain" To Address Tethering; Adequate Space And Time Restrictions.
ACTION: Deferred (2/8/2012) - this item will be referred back to the Animal Control Advisory Committee for additional public input before consideration by City Council. This item was considered out of order under the Mayor's Comments portion of the meeting.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
Resolutions
19.11-0408Resolution (1) Authorizing An Advance Of $6,000,000 From The City’s General Fund Committed Fund Balance—Budget Savings Program To Capital Budget Account “Harbor Square Apartments Acquisition Project”; (2) Appropriating $387,879 From the City’s General Fund Committed Fund Balance – Budget Savings Program to Capital Budget Account “Harbor Square Apartments Acquisition Project”; and (3) Transferring $4,100,000 from the Goodyear and Downtown Parking Garage Accounts to the Capital Budget Account “Harbor Square Apartments Acquisition Project”
ACTION: Presented by Mary Bunting, City Manager. Mayor Ward recused herself from participation in this item and passed the gavel to Vice Mayor Wallace for this item. Ms. Bunting advised Council that if this item doesn't receive five votes, it will be required to be heard again at the January meeting which will involve the City incurring another month of interest at $104, 795.00.
ACTION: Approved - The motion passes but since there were not five affirmative votes, it will be placed on the Council's January agenda for second reading.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Joseph H. Spencer, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Councilman Moffett indicated he would report later on the recent National League of Cities meeting.

Members of Council extended holiday greetings.
Miscellaneous New Business
Adjournment
  The meeting adjourned at 9:26 p.m.