Last Publish on 8/21/2008 1:47:35 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 20, 2008
7:30:21 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Molly Joseph Ward, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Kearney
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Second Reading
1.08-0296AN ORDINANCE TO AMEND CHAPTER 36, SECTION 36-4 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SWIMMING POOLS.”
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
2.08-0302AN ORDINANCE TO AMEND CHAPTER 5, SECTIONS 5-2, 5-42, 5-77 AND 5-88 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "ANIMALS."
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
Consent Items
3.08-0318Resolution Appropriating $496,622 in FY09 State Highway Maintenance Funds to the Capital Budget for Road Resurfacing.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
4.08-0323Approval of Minutes from the Afternoon and Evening Meetings of Council held on July 16, 2008.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
5.08-0324Request for Refund of Erroneous Tax Abatements for 2005, 2006, 2007 and 2008.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
6.08-0326Affirmation of Authorization to Pick Up the Employee’s Contribution to the Virginia Retirement System (VRS) for the City of Hampton, 55207 under Section 414(h) of the Internal Revenue Code.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
7.08-0328Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Department of Criminal Justice Services Grant through the Commonwealth of Virginia.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
8.08-0329Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Criminal Justice Information Technology Improvement Grant, Department of Criminal Justice Services (DCJS) through the Commonwealth of Virginia.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
9.08-0330Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2009 Homeless Intervention Program through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
10.08-0332Resolution Accepting and Appropriating Funds for the FY2009 Comprehensive Services Act Pool Funds.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
11.08-0335Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2008-2009 Victim-Witness Program Grant from the Department of Criminal Justice Services.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
12.08-0336Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Opportunity Online Hardware Support Grant through the Hampton Public Library from the Library of Virginia.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
13.08-0339Resolution Approving the City of Hampton, Virginia's Participation in the Alcohol Safety Action Program.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
14.08-0343FY08 Fourth Quarter Budget Adjustments
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
15.08-0344Resolution Authorizing the City Manager to Proceed with the Acquisition of Real Property Known as the Property of Francine C. Corey off Pine Chapel Road and to Appropriate $665,000.00 from the fund Balance of the City’s Economic Development Fund to fund the acquisition.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
16.08-0345Resolution Authorizing the Re-Appropriation of $225,404.00 from the General Fund Balance to the Hampton Redevelopment and Housing Authority's Hampton Business Incentives Corporation.
ACTION: Deferred (9/24/2008) - this motion died for lack of a second.

MOVER: Councilmember Angela Lee Leary.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
17.08-0346Resolution Authorizing the City Manager or his Designee to Execute a Mutual Aid Agreement Between Hampton and the Navy (Regional Public Safety, Navy Region Mid-Atlantic Division) for Fire and Rescue Services Including Medical Services.
ACTION: Approved items 1 through 14 and 17 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
18.08-0347Resolution Authorizing The Mayor To Permit Use By The Clerk Of Council of The Mayor's Facsimile Signature On Adopted Ordinances And Resolutions Of The Hampton City Council
ACTION: Deferred (9/24/2008) - this motion died for lack of a second.

MOVER: Councilmember Angela Lee Leary.
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
19.08-0278Rezoning Application No. 1271 by Charles J. and Kathleen Powell to Rezone a 0.20± Acre Lot at 625 Celey Street (LRSN# 1002283) from Neighborhood Commercial District (C-1) to One Family Residence District (R-9) for an Existing Single-family Home.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
20.08-0353Zoning Ordinance Amendment by the City of Hampton to amend Chapter 11 (Neighborhood Commercial District, C-1) of the Zoning Ordinance to allow outdoor dining at restaurants with an approved Use Permit.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
21.08-0354Zoning Ordinance Amendment by the City of Hampton to amend Chapter 17.2 (Langley Flight Approach-Mixed-Use District M-5A) § 2-3 (h) of the Zoning Ordinance to change the ownership types of recreational centers, a permitted use in this District.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
22.08-0355Amendment of Zoning Ordinance, Chesapeake Bay Preservation District 17.3-64 2 b (iii) (3)
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Use Permit
23.08-0340Use Permit Application No. 1041 by Cellco Partnership d/b/a Verizon Wireless to Amend the Tower height Condition from Approved Use Permit #767. The Proposed Condition will Change the Maximum Height from 150’ to 160’ (not including the 4’ lightning rod). The Property is Located at 6 Shuttle Court (LRSN# 6001169) and is Approximately .41 ± acres.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
Ordinances - First Readings
24.08-0337Ordinance authorizing the transfer from the City of Hampton to the Hampton Redevelopment and Housing Authority (“HRHA”) three parcels of land:1) one parcel (a parking lot) consisting of 6,682 square feet located on Kings Way and 2) two parcels consisting of 2,912 square feet and 6,719 square feet respectively, located on West Queens Way.
ACTION: Held Public Hearing - Vanessa Valldejuli, Senior Deputy City Attorney, provided brief information on the project. City Attorney Cynthia Hudson advised Council that this matter requires a super majority vote for approval.
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
General Items
Ordinances
25.08-0364“An ordinance to amend Chapter Seven, Article II, of the Code of the City of Hampton, entitled “Boating Skiing, and Surfing” by amending and reenacting Section 7-30 “Boating, skiing, etc., prohibited in marked swimming areas” and by adding thereto a new section 7-36 entitled “No Wake Zones”.
ACTION: Removed

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Resolutions
26.08-0315Resolution Authorizing the City Manager to Implement Certain Redevelopment Initiatives of the Buckroe Master Plan to Include Acquisition of Certain Strategic Properties, Streetscaping and Other Infrastructure Improvements, and Appropriating $6,800,000 from the Undesignated Fund Balance of the City’s General Fund.
ACTION: Removed

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember George E. Wallace.
27.08-0348Resolution Authorizing The City Manager To Implement The Streetscaping And Related Infrastructure Improvements Of The Buckroe Master Plan Redevelopment Initiative And Appropriating $1,500,000 From Bond Interest To Fund The Improvements.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
28.08-0351A Resolution Authorizing the City Manager to Implement Certain Redevelopment Initiatives of the Buckroe Master Plan by Acquisition of Certain Strategic Properties, and Appropriating $1,500,000 from Undesignated Fund Balance for Property Acquisitions.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
Appointments
29.08-0322to consider an appointment to the Parks and Recreation Advisory Board
ACTION: Appointed William Siefers to fulfill an unexpired term which expires on April 30, 2011, and appointed Troy Elliott and Cassandra Rieg as youth members until their graduation from high school.

MOVER: Councilmember Angela Lee Leary.
30.08-0325to consider an appointment to the Hampton Arts Commission.
ACTION: Appointed Alvis Mann to a term expiring on June 30, 2011.

MOVER: Councilmember Angela Lee Leary.
31.08-0331to consider appointments to the Purchasing and Procurement Oversight Committee.
ACTION: Appointed Crystal Kleiber to a term expiring on June 30, 2010.

MOVER: Councilmember Angela Lee Leary.
32.08-0333to consider appointments to the Golf Course Advisory Committee.
ACTION: Appointed Roland White to a term expiring on August 31, 2011, and reappointed Michele Benson and Charles Burcher to second terms expiring on August 31, 2011.

MOVER: Councilmember Angela Lee Leary.
33.08-0365to consider appointments to the Planning Commission.
ACTION: Reappointed Andre' McCloud and James A. Young to terms expiring on September 1, 2012.

MOVER: Councilmember Angela Lee Leary.
34.08-0021to consider appointments to Hampton’s 2010 Celebration Committee
ACTION: Appointed Harriett Storm, Thelma Jones, Tiana Flucker, Al Smith, John Spencer, Carrita Fairfax, Gerri Hollins, Calvin Mansfield, Calvin Pearson, Whiting Chisman, Barbara Benson, Jane Abbitt, Roland White, Letita Drewry, Pam Lawson, Frank Edgar, Jr., Turner Spencer, Wally Arnold, Dorothy Rouse Bottom, Conover Hunt, Carla Mingee, H. O. Malone, Ann Tormey, Jim Tormey, Wythe Holt, Carrie Quinn, Carolyn Hawkins, Edna Lawton, Ann Stephens-Cherry, Rob Shuford, Jr., Mrs. Kevin Davis, Erin Lazar, Dr. Charles Taylor, Jim Turner representing the Phoebus Improvement League, L. Elizabeth McCoury representing the Coliseum Central Business Improvement District, and Sherry H. Spring representing the Downtown Hampton Business Improvement District.

MOVER: Councilmember Angela Lee Leary.
35.08-0113to consider appointments to the Hampton Federal Area Development Authority.
ACTION: Deferred Generally - These appointments will be advertised. Councilman Gilliland and Councilman Wallace will participate in the interview process.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
36.08-0258to consider the appointment of an alternate to the H2O Community Development Authority.
ACTION: Appointed Leonard Sledge as an alternate to fulfill an unexpired term which expires on June 30, 2009.

MOVER: Councilmember Angela Lee Leary.
37.08-0314to consider appointment of Council liaisons to various Boards, Commissions and Committees.
ACTION: Appointed Joe Spencer to Clean City Commission, Angela Leary to Cultural Alliance of Hampton Roads, Paige Washington to the FEMA Board, George Wallace to the Finance Committee, Joe Spencer and George Wallace to the Fort Monroe Federal Area Development Authority, Paige Washington to the Greater Peninsula Workforce Development Consortium and Randy Gilliland as the alternate, Joe Spencer to the Hampton Arts Commission and Angela Leary as the alternate, Joe Spencer to the Hampton Clean City Commission, Molly Ward to the Hampton Roads Air Quality Committee, Molly Ward to the Hampton Roads Economic Development Alliance, Molly Ward to the Hampton Roads Mayors and Chairs, Molly Ward to the Hampton Roads Military and Federal Facilities Alliance, Molly Ward and Randy Gilliland to the Hampton Roads Planning District Commission, Ross Kearney to the Hampton Roads Regional Jail Authority with Angela Leary as the alternate, Randy Gilliland to the Hampton Roads Transportation Authority, Ross Kearney to the Hampton Roads Tunnels Advisory Committee, Joe Spencer to the Hampton Tourism Advisory Committee with Paige Washington as the alternate, Molly Ward to the Military and Civilian Family Violence Prevention Council, Ross Kearney and Joe Spencer to the National Aeronautics Support Team with George Wallace as the alternate, Randy Gilliland to the Peninsula Public Sports Facility Authority with Angela Leary as the alternate, Angela Leary and Randy Gilliland to the Peninsula Town Center Advisory Committee, George Wallace to the Purchasing and Procurement Oversight Committee, Paige Washington to the Town and Gown Committee with Ross Kearney as the alternate, Paige Washington to the Transportation District Commission of Hampton Roads with George Wallace as the alternate, Joe Spencer to Virginia First Cities, Angela Leary to Virginia Living Museum, Paige Washington to the Virginia Peninsula Chamber of Commerce, and, with respect to the Virginia Municipal League Policy Committees, Randy Gilliland to Environmental Quality, George Wallace and Ross Kearney to Community and Economic Development, Molly Ward to Finance, Joe Spencer to General Laws, Angela Leary to Human Development and Education, and Paige Washington to Transportation.
38.08-0368to consider an appointment to the Finance Committee.
ACTION: Moved to add an appointment to the Finance Committee to the agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
ACTION: Appointed Len Nicholson to the unexpired portion of Robert Scott's term.

MOVER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Robert W. Nuckles spoke on the transportation problems in Virginia and Frank J. Ottofaro spoke about the taking of property on Pine Chapel Road.
Miscellaneous New Business
  Councilwoman Leary asked the Clerk to verify the NAST appointment and, if incorrect, to correct it at the next meeting.

Councilman Gilliland spoke about the speeding issue in the Buckroe area and asked that it be addressed. Councilman Kearney concurred. The City Manager will add this matter to a future afternoon session for discussion.
Adjournment