Last Publish on 4/15/2010 1:36:23 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, April 14, 2010
7:01:38 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:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Randy Gilliland
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
1.10-0154Resolution in Support of a National Park Service Unit in the Reuse of Fort Monroe and Urging Focus on African American History at the Fort
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
2.10-0087Presentation on Vision Hampton Roads by Hampton Roads Partnership
ACTION: Presented by E. Dana Dickens, III, President and CEO of the Hampton Roads Partnership.
  The Mayor thanked those who spoke at the 6 p.m. Public Comment session and thanked the citizens for their patience as Council worked through the process for the new session.

She reminded everyone of the International Childrens' Festival this weekend.
CONSENT AGENDA
Consent Items
3.10-0121Approval of Minutes from the Afternoon Work Session held on February 10, 2010, the Afternoon Work Session, Public Comment Period and Evening Meeting held on March 10, 2010, and the Budget Work Session held on March 24, 2010, and resumed on March 31, 2010.
ACTION: Approved items 3 through 9 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
4.10-0122Request for Refund of Erroneous Tax Assessments for 2009
ACTION: Approved items 3 through 9 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
5.10-0123Resolution Appropriating $276,200.00 of Information Services Fund Retained Earnings for Payment of Debt on the City Hall Campus Telephone System.
ACTION: Approved items 3 through 9 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
6.10-0131Resolution Determining Assetworks to be the Only Source Practicably Available from which to Procure a “Non-batch” Fuel Management Software that Integrates with Assetworks Fleet Focus Vehicle Management Software, and Authorizing the Negotiation and Execution of a Purchase Contract with Assetworks, etc as a Sole Source.
ACTION: Approved items 3 through 9 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
7.10-0134Resolution Transferring Funds with the Capital Budget and Appropriating Revenues from the Fiscal Year 2010 General Obligation Bond Issuance
ACTION: Approved items 3 through 9 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
8.10-0137Resolution Determining Ms. Gail Duke To Be The Only Source Practicably Available From Which To Procure Artist Services And Authorizing The Negotiation And Execution Of A Purchase Contract With Ms. Gail Duke As "Sole Source"
ACTION: Approved items 3 through 9 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
9.10-0139Resolution modifying the resolution establishing the Hampton Senior Citizens Advisory Committee to increase the total membership to seventeen and lower the age requirement from sixty-five to sixty imposed on seven of the members.
ACTION: Approved items 3 through 9 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
10.10-0146Approval of Presentation of Distinguished Citizen Award to Morton L. Olshan and Richard "Dick" Steinberg on March 11, 2010.
ACTION: Approved - this item was removed from the consent agenda to allow Vice Mayor Spencer to elaborate on the reasons for the presentations.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
11.10-0153Resolution Authorizing the City Manager to Expand Availability of Retirement Incentive Program Authorized By Council Resolution 10-0105
ACTION: Approved items 3 through 9 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
12.10-0129Rezoning Application No. 1284: Proposal by James Crocker to rezone a 3± acre vacant parcel [LRSN 3005667] located at the southern terminus of Gumwood Drive for the purpose of constructing thirteen (13) single-family dwellings. The unaddressed parcel may also be accessed from the east and west by Scones Drive.
ACTION: Presented by Ernest Nortey, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item other than the applicant, James Crocker, who responded to some questions from the members of Council.
ACTION: Approved subject to six (6) conditions.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
13.10-0130Rezoning Application No. 1286 by The Shores of the Chesapeake Bay, LLC, AH & H Corporation, and Abbott Associates, LLC to rezone several parcels generally bound 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. The application includes property identified by LRSN’s 12006706, 12006707, 12006708, 12006709, 13001555, 12006666, 12006705, 12006710, 12006770, 12006772, 12006773, and 12006774.
ACTION: Presented by Mike Hayes, Senior City Planner. B. K. Allen also presented information to Council.
ACTION: Held Public Hearing - Beverly Crandell, representing and speaking on behalf of the Buckroe Improvement League, spoke in support of this rezoning. Cecile Trevathan and Wendy Powers spoke in support of the rezoning. Joanne Ingram spoke in opposition to the rezoning and in support of adhering to the coastal community concept expressed in the planning documents. Eddie Deerfield, Virginia Lyeth, John Lynch, Frank J. Ottofaro, Johnnie Carroll and Edwin Boone spoke in favor of the rezoning.
ACTION: Approved subject to the 17 proferred conditions.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
Ordinances
14.10-0128Ordinance to amend and re-enact Chapter 22 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Board of Zoning Appeals” by amending sections 22-1, 22-2, and 22-6 through 22-10 to bring said sections into compliance with the Code of Virginia, and amending section 22-13 by increasing fees for one-family residential applications from $75.00 to $100.00 and fees for other applications from $200.00 to $250.00 as authorized by VA Code §15.2-2286.A (6) which allows for the collection of fees to cover the costs of administration and enforcement of the zoning ordinance.
ACTION: Presented by Mary Bunting, City Manager, and Vanessa Valldejuli, Senior Deputy City Attorney.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
Resolutions
15.10-0136Resolution authorizing the execution of a Lease Agreement between the City of Hampton and Willie Powell to lease 801sq.ft. of a downstairs duplex known as 3A Greenhill Lane and located on the Greenman Property at 1 Greenhill Lane.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - Frank Ottofaro asked the amount of rent per month. The Mayor responded that it is $200 per month. Cynthia Hudson, City Attorney, also shared that the tenant will provide caretaker services which also have a value to the City.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
16.10-0140Resolution authorizing the execution of a Lease Agreement between the City of Hampton and the Boy Scouts of America to lease a portion of Gosnold’s Hope Park, forty feet in diameter, for a monument commemorating 100 years of scouting.
ACTION: Presented by Mary Bunting, City Manager. Everett Bensten, Assistant City Attorney, provided additional information.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
Fiscal Year Budget Hearings
17.10-0135Capital Improvement Plan (CIP) for fiscal years 2011-2015 (FY11-15). Proposal to Approve the Capital Improvement Plan for the next five years.
ACTION: Presented by Lori Braen, Senior Budget Analyst.
ACTION: Held Public Hearing - Mr. Hugh Bassette spoke on getting curbs and gutters in the Old Northampton area.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
Appointments
18.10-0141to consider an appointment to the Hampton-Newport News Community Criminal Justice Board
ACTION: Deferred (5/12/2010)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington, Jr..
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The City Manager reported that Ed Miller's concern about nets near the Buckroe Fishing Pier is being addressed by the Virginia Marine Resources Commission.

Ms. Bunting is working with Veronica Davis on wellness issues. While it was reported that Hampton is the second fattest city in Virginia, that is not true. Rather Hampton is in the mid-range.

Ms. Bunting also clarified some statements which were misrepresented at the last meeting concerning H2O and funds being spent in the Kecoughtan Road corridor.
Miscellaneous New Business
  Councilman Washington spoke about recent conversations concerning a possible return to two evening meetings a month and his desire that the Manager prepare a proposal about ways in which citizens can interact more with Council.
19.10-0144Briefing on National League of Cities - Congressional City Conference 2010
ACTION: Presented by Councilman Kearney and Councilwoman Leary. Councilwoman Leary shared that the Human Development Subcommittee of the National League of Cities will meet in Hampton this upcoming July. She also shared information from the Smithsonian on artifacts from Hampton which are in their possession and her hope that we can have them loaned to Hampton for the 400th anniversary celebration.
Adjournment