Last Publish on 4/9/2009 11:16:17 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, April 08, 2009
7:32 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 Paige V. Washington, Jr.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.09-0105Approval of the Minutes from the afternoon and evening sessions of the Hampton City Council meetings on March 11, 2009, from the budget work sessions of March 18 and 25, 2009, and from the special meeting of March 31, 2009.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
2.09-0106Resolution Approving Participation and Appropriation of the 2009 Juvenile Accountability Block Grant through the Hampton Court Services unit from the Virginia Department of Criminal Justice Services
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
3.09-0120Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the 2007 State Homeland Security Program Grant from National Preparedness Directorate (NPD), United States Department of Homeland Security and Administered by the Commonwealth for Citizen Preparedness Project through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
4.09-0124Resolution to approve the vacation of a portion of City right of way located at Old Aberdeen Road and the adjoining property lying between Old Aberdeen Road and the relocated Aberdeen Road in the Hampton Industrial Park for NCG, LLC, a Virginia limited liability company, and the execution of the Vacation Agreement.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.09-0125Resolution Authorizing The Chief Procurement Officer to Dispose of Certain Surplus Personal Property to the Honorable Nelson T. Durden Pursuant to Hampton City Code § 2-338.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
6.09-0133Resolution Authorizing the Creation of a Separate Entity Exempt from Federal Taxation Under IRC § 501(c)(3) to Solicit Private Funding to Support Hampton’s Sister Cities Program
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
7.09-0134Proclamation in Recognition of C. Alton Lindsey Middle Schools' Project on Teen Suicide Prevention
ACTION: Presented by Councilwoman Angela Lee Leary to students from C. Alton Lindsay Middle School. The students also made a presentation on Teen Suicide awareness.
PUBLIC HEARINGS
Community Plan Amendment
8.09-0139Request by the City of Hampton to amend the “Youth Component” of the Hampton Community Plan (2006, as amended), Amendment #16-2009.
ACTION: Presented by Bradford Knight, Chairman of the Hampton Youth Commission. Additional information was presented by Anna Hogg, Michael Bock, and Danielle Phillips.
ACTION: Held Public Hearing - There were no speakers on the item.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Rezonings
9.09-0138Zoning Ordinance Amendment – Repeal Chapter 19, Vehicle Parking and Loading Spaces, and replace it with a new revised Chapter 19, Vehicle Parking and Loading Spaces, and repeal the existing Chapter 2, Definitions, Section 2-56, Vehicle Parking Space, and replace it with a new Chapter 2, Definitions, Section 2-56, Vehicle Parking Space.
ACTION: Presented by Terry P. O'Neill, Director of Planning, and Donald Whipple, Senior Planner.
ACTION: Held Public Hearing - Elizabeth McCoury, Executive Director of the Coliseum Central Business Improvement District, spoke in favor of the ordinance.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
Fiscal Year Budget Hearings
10.09-0135FY 2010-2014 Capital Improvement Plan. Proposal by the City of Hampton to Adopt the Capital Improvement Plan for the next Five Years as Recommended by the Hampton Planning Commission.
ACTION: Presented by Lori Braen, Senior Budget and Management Analyst.
ACTION: Held Public Hearing - There were no speakers on the item.
ACTION: Adopted

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
General Items
Ordinances
11.09-0136An ordinance to amend and reenact Chapter 21, of the Code of the City of Hampton, Virginia, entitled “Motor Vehicles”, Article IX “Operation of Golf Carts”, Section 21-221, “Public Highways Designated for Golf Cart Use” to designate identified streets for golf cart use within the Elizabeth Lakes subdivision.
ACTION: Presented by Lynn Allsbrook, Traffic Engineering and Operations Manager. The City Manager also elaborated on the process this application went through prior to coming to Council.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
Resolutions
12.09-0099Resolution Accepting the Assessment of the Economic Impacts of Recreational Boating in the City of Hampton Study and the Recommendation of the Council Finance Committee Based Upon the Study
ACTION: Presented by Councilman Gilliland who gave a summary of the history of this matter and presented the recommendation of the Boat Tax Subcommittee and the City Council Finance Committee. This was not a public hearing item but several citizens had indicated a desire to speak to the issue and Mayor Ward called upon them.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Moved to reconsider the item.

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Council considered this resolution and approved it on a 4-3 vote. Later in the meeting, Councilman Wallace made a motion to reconsider the resolution. His motion was seconded by Councilwoman Leary and the motion carried on a 4-2 vote with Councilman Kearney abstaining. Councilman Gilliland then moved to approve the resolution. His motion was seconded by Vice Mayor Spencer and the motion was defeated on a 3-4 vote. The resolution was not adopted.
13.09-0140Resolution to Approve Appropriation of Additional Funds to Address Continued Permitting Issues on the Back River Dredging/Factory Point Restoration/Breakwaters Project and Modification of the Consultant’s Contract.
ACTION: Presented by James A. "Pete" Peterson, Assistant City Manager.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington.
Appointments
14.09-0118to consider an appointment to the Office of Human Affairs Board of Directors.
ACTION: Deferred (4/29/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Curtis Lucas, Jr. and Darrell Robertson spoke on the issue of speeding on Franktown Road and requested that it be closed on one end.

Kenneth Ladd and William Webster spoke on drainage issues on Greenbriar Avenue.

Pat Wharry spoke on the need for dredging in the Salt Ponds area.

Carol Garrison spoke about some successes that Norfolk has had that might be helpful to Hampton.

Frank J. Ottofaro spoke on the taking of his property on Pine Chapel Road and also asked why Embassy Suites doesn't pay taxes.

Rudy Langford spoke on behalf the Coalition for Justice for Civil Rights and requested the resignation of the Chief of Police, Chuck Jordan, and Assistant City Manager, Mary Bunting.

Dr. Theodore S. Reiff spoke on accessibility for handicapped individuals.
Miscellaneous New Business
  Councilman Wallace asked if there is the sense for a need for the City Manager to study a number that would be relevant for taxing boats that will give the fairness and equity he earlier spoke about yet still not jeopardize the asset as per the VIMS study.

Councilman Gilliland had a parliamentary issue since a vote was taken earlier on this issue.

Councilman Washington indicated that James A. "Pete" Peterson had some information from an earlier presentation that might be helpful to Councilman Wallace. This information involved the acquisition of dredging equipment.

Councilman Wallace made a motion to reconsider the resolution concerning the boat tax. The motion was seconded by Councilwoman Leary.

There was a discussion of parliamentary procedure.

Vice Mayor Spencer indicated that what Councilman Wallace is seeking might only be available by going back to the General Assembly.

Another series of votes was taken with respect to agenda item #12 (09-0099).

Councilwoman Leary thanked the staff for her birthday card and thanked the citizens for the well wishes for her birthday.
Adjournment