Last Publish on 10/23/2008 12:36:32 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, October 22, 2008
7:27:06 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 Washington
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward indicated that several citizens have recently questioned the status of the permitting process with respect to Factory Point. At her request, the City Manager gave a brief report on the status of this matter.
CONSENT AGENDA
Second Reading
1.08-0428Ordinance to Amend and Reenact Chapter 38 "Vehicles for Hire", Division 2 of the Code of the City of Hampton, Virginia, entitled “Certificate of Public Convenience and Necessity” Sections 38-48, 38-50, 38-51, 38-52, 38-53, 38-56, 38-58, 38-59 and 38-61.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
2.08-0429Ordinance to Amend and Reenact Chapter 21 of the Code of the City of Hampton, Virginia, entitled “Motor Vehicles and Traffic”, Section 21-105 "One Way Streets."
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Consent Items
3.08-0443Approval of Minutes from Hampton City Council Afternoon and Evening Sessions of October 8, 2008
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
4.08-0444Resolution Appropriating Funds from the Solid Waste Fund Retained Earnings Reserve for Equipment Replacement
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
5.08-0446Resolution Appropriating Donation Funds from the Undesignated Fund Balance to the Hampton Fire & Rescue Budget for Donations Received by Hampton Fire & Rescue from 1/14/08 to 10/2/08.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
6.08-0447Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2008-2009 Department of Criminal Justice Services Title II Grant funding for the Detention Alternative Utilization and Review Program through the Hampton Court Services Unit.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
7.08-0449Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Joint Land Use Study Grant Funding Program through the Office of Economic Adjustment Community Planning Assistance Program Services.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
8.08-0450Resolution To Approve The Vacation Of A Portion Of A Right Of Way Known As Severn Street Adjoining Property Owned By J. Severn Wallace Family Limited Partnership.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
9.08-0452Resolution of the City Council of Hampton Virginia Authorizing the Appropriation of $300,000 from the Economic Development Fund to the Department of Parks and Recreation for the Hampton Roads Center Parkway/Magruder Boulevard Corridor Enhancement Program.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
10.08-0453Resolution Authorizing the City Manager to Execute a Tri-Party Agreement with CSX Transportation , Inc. (CSX) and the Virginia Department of Transportation (VDOT) for Replacement of Railroad Crossings at Aberdeen Road and Powhatan Parkway.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
11.08-0456Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Assistance to Firefighters Grant through the Hampton Fire Division from the Department of Homeland Security.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
12.08-0457Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Rescue Squad Assistance Fund Grant through the Hampton Fire Division from the Office of Emergency Medical Services, Virginia Department of Health.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
13.08-0459Request for Refund of Erroneous Tax Abatements for 2006, 2007, 2008 and 2009.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
14.08-0464Approval of Hampton City Council Meeting Schedule for 2009
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
15.08-0448Presentation of the Government Finance Officers Association Award for Excellence in Financial Reporting in Recognition of the City of Hampton's Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2007.
ACTION: Presented by Counclman Wallace to Sylvia Shanahan, Controller, representing the Finance Department staff.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
16.08-0391Rezoning Application No. 1272 by Oxford Hampton Partners, LLC To Amend Proffers from the Rezoning Application #1189 to Change the For-Sale Units to For-Rent Uses Within the Second Phase of Oxford Trail Development, to Proffer a New Site Plan layout Prepared by Corcoran/Ota Dated August 27, 2007 and to Proffer New Elevations Prepared by Corcoran/Ota . [LRSN # 13001406]
ACTION: Held Public Hearing - Two individuals spoke in opposition.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember George E. Wallace.
Rezonings - First Readings
17.08-0434Rezoning Application No. 1270 by the City of Hampton to Rezone Seventeen City-Owned Parcels from One Family Residential (R-11) District and Limited Commercial (C-2) District to Special Public Interest-Public Land (SPI-PL) District to Implement the Newmarket Creek Park and Trail System Master Plan.
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
18.08-0455Rezoning Application No. 1274 by the Industrial Development Authority to Rezone 10.1± Acres on Semple Farm Road (LRSN# 6000844) from Multiple Residence District (R-M) to Multiple Dwelling District MD-2) for a Multifamily Development.
ACTION: Presented by Michael Hayes, City Planner. At the Mayor's request, Cynthia Hudson, City Attorney, also addressed some questions which have been raised with respect to title issues and the zoning history on the property in question.
ACTION: Held Public Hearing - Two individuals spoke in opposition.
ACTION: Approved on First Reading

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Randall A. Gilliland.
19.08-0458Rezoning Application No. 1273 by Peninsula Home for the Aged, Inc. to Rezone a 15.8+ Acre Lot at 1300 Mallory Street (LRSN# 12005714) from One Family Residence District (R-11) and One Family Residence District (R-13) to Multiple Dwelling District (MD-4) for a Continuing Care Retirement Community.
ACTION: Presented by James Freas, Senior City Planner. S. Frear Hawkins, Esq. spoke on behalf of the applicant. Architect Carlton Abbott also gave a presentation on the applicant's proposal.
ACTION: Held Public Hearing on Rezoning Application #1273 and Use Permit #1043. There were no speakers on the item.
ACTION: Approved on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
Use Permit
20.08-0461Use Permit Application No. 1043 by Peninsula Home for the Aged, Inc. to construct a continuing care retirement community that will include a nursing home and Adult Care Residence 3. The property is located at 1300 Mallory Street [LRSN# 12005714] and is approximately 15.8 ± acres.
ACTION: Held Public Hearing on Rezoning Application #1273 and Use Permit #1043. There were no speakers on the item.
ACTION: Deferred (11/19/2008)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
21.08-0451Use Permit Application No. 1042 by Lockheed Martin MS2 to mount VHF Voice Radio System, Surveillance and Radar Equipment on the Rooftop of the Harbour Centre Building located at 2 Eaton Street [LRSN#2003199].
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
Ordinances
22.08-0445An Ordinance Providing for the Exoneration of Certain Taxes Assessed Against Monroe Apartment Corporation Located at Fort Monroe for the Fiscal Year 2008/2009.
ACTION: Moved to to waive second reading.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
23.08-0454An ordinance to amend Chapter 34, of the Code of the City of Hampton, Virginia, entitled “Streets and Sidewalks” Article IV, Section 34-113, Section 34-114, Section 34-115 and Section 34-117 to clarify that the Zoning Administrator or his designee can perform duties related to assigning/changing street numbers of houses and other buildings.
ACTION: Moved to to waive second reading.

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Randall A. Gilliland.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
Appointments
24.08-0427to consider the appointment of individuals to the Hampton Federal Area Development Authority.
ACTION: Deferred (11/19/2008)

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
25.08-0471to consider appointments to the Finance Committee.
ACTION: Moved to add appointments to the Finance Committee to the agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
ACTION: Appointed Councilman Gilliland to his term in recognition of the rescission of his resignation in August and filled the vacancy created by Councilwoman Leary's resignation today by appointing Councilman Wallace to her unexpired term. Mayor Ward indicated that Councilman Gilliland has agreed to continue as Chairman of the Finance Committee.

MOVER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Dr. Theodore Reiff spoke on his concern in the increase in the budget of the History Museum, expenditures in the Assessor’s Office, appointment of a retired physician to the Mayor’s Committee on the Disabled, and requested information before the Board of Review of Assessments meets.

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

Tom Yaeger spoke in support of Peninsula 24, a club for those participating in a 12 step recovery process from addiction.

H. O. Malone spoke regarding Fort Monroe and the role the National Park Service might play in the reuse of Fort Monroe.
Miscellaneous New Business
  Councilwoman Leary shared that she will be participating in the Muscular Dystrophy Association's Lock Up event at the Virginia Air and Space Center on October 30, 2008. She encouraged citizens to give generously to fight this disease.

Councilwoman Leary shared information on a scoping meeting concerning Fort Monroe which will be hosted by the Army. The meeting is open to the public and will be held at the Northampton Community Center on October 28th at 7 p.m.

Councilman Wallace shared that staff is working on a process for sharing information on Fort Monroe with the public.
Adjournment