Last Publish on 9/14/2005 12:34:32 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, August 10, 2005
7:42 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
A. Paul Burton, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION -
PLEDGE OF ALLEGIANCE TO FLAG -
  Kecoughtan Corridor- The Mayor reminded citizens that the Kecoughtan Corridor is undergoing a planning process and a final plan has not yet been adopted. There is a meeting scheduled with the consultants (UDA) at Armstrong School on August 23, 2005, at 7 p.m. and interested citizens are encouraged to attend.

Buckroe Meeting - The Mayor indicated that a public meeting will be scheduled to provide interested parties with information at a time and place to be announced. The date selected will be at least six to eight weeks away to allow the proper notification to take place.
  Peninsula Pilots War Memorial Stadium - Councilman Sapp spoke briefly on the possibility of leasing the War Memorial Stadium to the Apprentice School. It is the City Manager's suggestion that the Peninsula Stadium Authority negotiate the terms of the lease. Councilman Sapp wanted the citizens to know that the City is working on a solution.
  The Mayor briefly spoke on eminent domain and clarified that, although the Supreme Court has indicated that cities may take land for economic development purposes. It is not this Council's intention to do so.
CONSENT AGENDA
Consent Items - Other
  The Council considered Items number 1 through 18 under the Consent Agenda.
1.05-0498Minutes from the Special and Regular Council Meetings of Hampton City Council held on July 13, 2005.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
2.05-0527Resolution Requesting an Appropriation of $26,841.68 from the General Fund to Zel Technology, Inc. as a Permit Fee Refund, Business License Tax Reduction and a Capital Investment Grant Pursuant to the Hampton Technology Zone Program.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
3.05-0560Authorization of the Submission of the Hampton-Newport News Community Services Board Performance Contract for FY2006.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
4.05-0528Litter Prevention grant appropriations from Solid Waste Fund, General Fund, Parks and Recreation Department, and the Virginia Department of Environmental Quality.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
5.05-0525Hampton Revelopment and Housing Authority Multifamily Housing Revenue Refunding Bonds (Hampton Center Project), Series 2005, in the amount of $19,610,000.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
6.05-0499Resolution Adopting the Policy for the Establishment of Community Development Authorities in the City of Hampton.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
7.05-0493Vacation Agreement for a 40' Unimproved Right-of-way on Foley Avenue.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
8.05-0490Donation of Furniture to the Hampton Division of Fire and Rescue from the C. L. Barnes Furniture Company in Alexandria, Virginia.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
9.05-0522Donation of Equipment to Holland, Patrick County and Craig County Fire Departments.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
10.05-0494Acceptance of donation of gift of historical table.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
11.05-0492Comprehensive Services Act for At-Risk Youth and Families.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
12.05-0497Homeless Intervention Program Grant submitted by Hampton Department of Social Services.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
13.05-0505Hampton Victim-Witness Assistance Program.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
14.05-0504Rescue Squad Assistance Fund Grant.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
15.05-0496Innovations in American Government Award Grant.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
16.05-0555Request for refunds of erroneous tax assessments.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
17.05-0495Acquisition of Easements from Hampshire Glen, LLC., on Two Properties Located at West Pembroke Avenue and West Queen Street.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
18.05-0519Renaming Segment of Armistead Avenue.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
PRESENTATIONS, PROCLAMATIONS, AWARDS
19.05-0543Proclaiming September 11th, 2005, as "A Day of Remembrance and Hope."
ACTION: Read and Presented by Councilwoman Leary to Lt. Greg Schwartz, Commander of the Homeland Security Unit, and to Battalion Chief Jeffrey Bartgis.
20.05-0537Proclamation welcoming Hampton University students and faculty to Hampton.
ACTION: Read and Presented by Councilman Gilliland to Dr. Bernie G. McMorris, Jr. of Hampton University.
21.05-0440Proclamation Proclaiming October 2 - 8, 2005, as Paralegals' Week.
ACTION: Read and Presented by Councilmember Sapp to Kathy Owen, President of the Virginia Peninsula Paralegal Association.
22.05-0529Resolution in Recognition of the Exchange Club of Wythe, Inc.
ACTION: Approved - Presented by Mayor Kearney to 14 representatives of the Wythe Exchange Club.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
23.05-0488Recognition of Hampton's Youth Civic Engagement Initiative as a Winner of the 2005 Innovations in American Government Award.
ACTION: Approved - Presented by Councilmember J. Spencer to Sarah Rodriguez and other members of the Youth Commission

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
24.05-0489Annual Report of the Hampton Youth Commission.
Presented by Tomeka Mitchell, Portia Henry, Victor Mason, and Anne Harris.
25.05-0526Brief Council on Local Problem with Feral Turkeys and Recommended Actions by Animal Control.
ACTION: Presented by Laurine Press, Chris Hickman, Doug Schuler, and Dr. Bill Berg.
26.05-0553Presentation on Assessments.
ACTION: Presented by Councilmember Leary. Her findings will be submitted to the Finance Committee at their meeting on August 18th, 2005, at 8:30 a.m. in the Lawson Conference Room on the 8th Floor of City Hall.
PUBLIC HEARINGS
Rezonings - Second Reading
27.05-0503Rezoning Application No. 1205 by Carmen Wilson to rezone 0.6+ acres at 2211 E. Pembroke Avenue from C-1, Neighborhood Commercial District, to R-9, One Family Residence District, in order to construct three single family homes.
ACTION: Adopted on Second and Final Reading subject to three (3) conditions.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
Rezonings - First Readings
28.05-0520Rezoning Application No. 1206 by LTD Management, Inc. to Amend the Proffers from Previous Rezoning #995 for 6.9+ acres at 1766 and 1776 West Queen Street to Allow Hotels in this Existing Limited Commercial (C-2) District.
ACTION: Adopted on First Reading subject to fifteen (15) conditions.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Turner M. Spencer.
Conditional Privilege
29.05-0521Conditional Privilege No. 80 for live entertainment in conjunction with a restaurant at 17 East Queens Way.
ACTION: Adopted on First and Final Reading Use Permit will continue and will be reviewed again in six months.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Turner M. Spencer.
General Items
Resolutions
30.05-0506Proposed Acquisition of Property, Known as 200 & 202 Pine Chapel Road, from Powell Realty, Inc.
ACTION: Failed

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
31.05-0507Proposed Acquisition of Property, Known as 25 Barrack Street from Donald A. and Gwendolyn F. Walker.
ACTION: Approved

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Joseph H. Spencer, II.
32.05-0517Proposed Acquisition of Property, Known as 220 Pine Chapel Road, from Investment Planning Associates, Inc.
ACTION: Approved

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Charles N. Sapp.
33.05-0518Proposed Acquisition of Property, Known as 40 Barrack Street, from Russell and Susan Timberlake.
ACTION: Approved

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Randall A. Gilliland.
34.05-0562Resolution Expressing Support for Including NASA TV in Cox Communication's Hampton Lineup.
ACTION: Approved - Donna G. Lawson, Legislative Affairs Specialist for NASA-Langley, thanked Council for the Resolution. Richard A. Byles, Ph.D., Director of Education at the Virginia Air and Space Center (VASC), and Todd C. Bridgford, Executive Director of the VASC, and Jimmy Chisman, President of the Board of the VASC, also briefly addressed Council.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
  ACTION: Moved to Extend the Meeting Beyond its Time Limit

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Appointments
35.05-0538Appointments - Planning Commisssion.
ACTION: Reappointed Timothy B. Smith and Ralph A. Heath, III.

MOVER: Councilmember Rhet Tignor.
36.05-0502Appointments - Grievance Board.
ACTION: Deferred - to be considered at September 10, 2005, meeting.

MOVER: Councilmember Rhet Tignor.
37.05-0557Appointments - Golf Course Advisory Committee.
ACTION: Appointed Glenn Hughes and Danny Hilling.

MOVER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
  Wanda Jones expressed that the information which Council gave earlier with respect to the Kecoughtan Corridor helped. She indicated that the notification process has problems when impacted neighborhoods don't have associations.
  Mary Richardson spoke in opposition to the Kecoughtan Corridor plan.
  Trish Ferraro, Sandra Canepa and Cecile Trevathan spoke in opposition to the Bayfront Initiative piece of the Buckroe Master Plan.
  Frank J. Ottofaro questioned the cost of the fence at the C. C.Spaulding neighborhood and requested the status of the lawsuit filed by former City Manager, George Wallace.
Miscellaneous New Business
Adjournment