Last Publish on 2/28/2008 12:17:53 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, February 27, 2008
7:28:28 PM
Anderson W. Clary, Jr., Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Paige V. Washington, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
  Mayor Kearney explained that Councilman Washington is at home recuperating from surgery. He also indicated that Vice Mayor Gilliland was unable to be present tonight.

Councilman Clary arrived at approximately 8:10 p.m.
INVOCATION - Councilman Charles N. Sapp
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Kearney expressed his appreciation to the staff for their hard work on getting approval for the rebuilding of the Buckroe Fishing Pier.
CONSENT AGENDA
Consent Items - First Reading
1.08-0075AN ORDINANCE TO AMEND CHAPTER 24, SECTION 24-13 OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “PUBLIC DRUNKENNESS."
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
2.08-0076ORDINANCE TO AMEND CHAPTER 41.1 OF THE CODE OF THE CITY OF HAMPTON ENTITLED “WETLANDS”, SECTIONS 41.1-3 ENTITLED “WETLANDS BOARD GENERALLY” AND 41.1-3.1 ENTITLED “OFFICERS, MEETINGS, RULES, ETC., OF WETLANDS BOARD”
ACTION: Moved to to waive the second reading of the ordinance.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Moved to approve on first and final reading.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
Consent Items - Other
3.08-0058Request for Refund of Erroneous Tax Assessments.
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
4.08-0064Destruction of Tangible and Intangible Personal Property Tax Records: Paid Tax Records for 1994-1997
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
5.08-0065Resolution Approving the City of Hampton, Virginia's Participation in and Appropriation for the U. S. Department of Justice COPS Interoperable Communications Grant Program - 2007.
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
6.08-0068Approval of the Minutes from the Budget Meeting on February 6, 2008, and the Afternoon and Evening Sessions of City Council on February 13, 2008.
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
7.08-0071Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the Virginia Department of Emergency Management, Local Emergency Management Performance Grant, 2007.
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
8.08-0072Resolution Requesting up to $1 Million from the Virginia Department of Transportation FY09 Revenue Sharing Program for Various Roadway Improvement Projects in the City of Hampton.
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
9.08-0073Vacation Agreement between City of Hampton and Hardeep S. Grewal and Samantha B. Grewal.
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
10.08-0074Resolution Designating CGI Communications, Inc., as the Only Source Practically Available for Community Video Services Available Online.
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
11.08-0077Resolution Approving the Addition of Ancillary Channels To The Hampton River Dredging Project
ACTION: Approved item 1 and items 3 through 11 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
12.08-0078Resolution - In Memory of Nelson T. Overton
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Presented by Councilman Joseph H. Spencer, Jr. to Mrs. Margaret Overton who was accompanied by daughter, Nancy Overton Smith, son-in-law, Steve Smith, and granddaughter Abby Smith.
13.08-0066Presentation of Award Acknowledging Hampton as one of the 100 Best Communities for Young People.
ACTION: Presented by Councilman Charles Sapp and Councilwoman Angela Leary to Cindy Carlson, Hampton Coalition for Youth; Allyson Graul, Alternatives; Mike Canty, Neighborhood Office; Debbie Russell, Healthy Families Partnership; and Art Thatcher, Parks and Recreation.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
General Items
Appointments
14.07-0684to consider an appointment of an alternate to the Wetlands Board.
ACTION: Appointed Dr. Arne Hasselquist and Billy Woods as new appointees to the Wetlands Board for five year terms and appointed Harry Johnson as an alternate to the Wetlands Board.

MOVER: Councilmember Angela Lee Leary.
15.08-0021to consider appointments to Hampton’s 2010 Celebration Committee
ACTION: Deferred (3/26/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
16.08-0040to consider the appointment of an alternate to the H2O Community Development Authority.
ACTION: Appointed Eleanor Brown to fulfill the unexpired portion of the term of Dot Wright. The term will expire on June 30, 2009.

MOVER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Joe Elliott presented a petition with respect to dredging of ancillary channels.

Harold Peters requested assistance with an assessment issue on Andrews Drive.

Jamie Chapman requested a stop work order in the White Marsh area.

Stephanie White of the Buckroe Civic League spoke with respect to the Buckroe Area Master Plan and the timing of projects.

Michelle Horne, who was accompanied by her mother Doris Horne, complimented the City on their Police Department and the Sheriff's Office.

Belan Flowers gave Council a copy of a decision from the Hampton Circuit Court with respect to the right of way issue on Riley's Way (Case No. 07-1982).

Carl O. Helvie spoke with respect to Riley's Way and violation issues.

Frank J. Ottofaro spoke regarding the taking of his property at 11 Pine Chapel Road.

Jennifer Amick spoke on the White Marsh issue and had some questions for the City Manager with respect to information received from City staff.

Lynn James spoke on the White Marsh issue.

Joe Osso asked who will protect the landowners' rights when their land begins to erode.

Jeff Amick asked the City Manager to revoke the permit which is allowing work in Riley's Way area.
Miscellaneous New Business
Adjournment