Last Publish on 1/5/2016 1:02:38 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, December 09, 2015
6:31:27 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Teresa V. Schmidt, Chris Snead, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
  Mayor Wallace called the meeting to order at 6:32 p.m. with all members of the City Council present.
INVOCATION - Councilwoman Teresa Schmidt
  Councilwoman Schmidt gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace introduced Dale Morris, a senior economist with the Royal Netherlands Embassy, who gave remarks concerning the Dutch Dialogues.

He then recognized Melanie Paul's therapy dogs and congratulated them on each exceeding 500 documented visits.

For at least the tenth year, Mayor Wallace recognized students from each of Hampton's high schools who designed the City Council's Christmas cards: Shiloh Kendrick (Phoebus High School), Jalen Garcia (Bethel High School), Mohammed Issa (Hampton High School), and Madison Reynolds (Kecoughtan High School). The students' artwork was displayed and they each received a package of the cards they designed along with a monetary award.

Mayor Wallace also recognized Mariela Friere Haga, a member of the Hampton Arts League, who created an ornament representing Hampton which was included on the Governor's Christmas tree along with submissions from other cities and counties in Virginia. This effort was spearheaded by the Virginia Municipal League.

Finally, Mayor Wallace recognized Jim Wilson, Director of Parks and Recreation, who will soon be retiring. A resolution renaming the Buckroe Fishing Pier in his honor was voted upon by City Council.
1.15-0392Resolution Renaming the Buckroe Fishing Pier to the James T. Wilson Fishing Pier
ACTION: Approved

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Chris Snead.
CONSENT AGENDA
Consent Items
2.15-0365Approval of the minutes from the special meeting of September 23, 2015, the afternoon session of October 14, 2015, and the afternoon, spotlight on citizens and evening meetings of October 28, 2015.
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
3.15-0368Resolution Requesting VDOT to Add the Attached List of New Streets to the State "Principal/Minor Arterial and Collector/Local" Street List
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
4.15-0379Resolution Approving Fiscal Year 2016 First Quarter Budget Adjustments
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
5.15-0380Resolution Approving Consolidation of the Account Structure for Social Services to Improve Efficiency, Tracking, Reporting and Transparency
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.15-0369Resolution Approving the City of Hampton, Virginia's Participation In and Appropriation of the 2016 Hampton Domestic Violence Community Unified Response Effort (CURE) V-STOP Grant Funding Program through the Hampton Commonwealth's Attorney's Office from the Virginia Department of Criminal Justice Services.
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
7.15-0388Resolution appropriating $411,049.02 from the designated fund balance from FY15 to Division of Fire & Rescue’s current FY16 budget to be used for Personal Protection Equipment (PPE) and LifePak15s.
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
8.15-0370Resolution Determining McNeil Sales & Service, Inc. to be the Only Source Practicably Available From Which to Procure Materials and Service for Boiler Refractory and Authorizing the Negotiation and Execution of a Purchase Contract with McNeil Sales & Service, Inc. as “Sole Source”
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.15-0371Resolution Determining Dings Co. to be the Only Source Practicably Available From Which to Procure Parts for Dings Permanent Deep Draw Drum Magnets and Authorizing the Negotiation and Execution of a Purchase Contract with Dings Co. as “Sole Source”
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
10.15-0382Authorization to procure the professional services of Waggoner and Ball Architects as “Sole Source” to assist the City of Hampton with addressing reoccurring flooding, sea level rise and resiliency issues utilizing the “Dutch Dialogue” approach.
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
11.15-0391Donation of office furniture valued in excess of $5,000 to the Hampton Police Division by the Fort Monroe Authority.
ACTION: Approved on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
12.15-0384Ordinance to Amend and Reenact the Zoning Ordinance of the City of Hampton, Virginia by Amending Article I of Chapter 1 Entitled, “Administration and Enforcement of Ordinance” Pertaining to Review Process for Zoning Permit Applications; Article I of Chapter 14 Entitled, “Use Permits” Pertaining to Application Requirements; Article II of Chapter 14 Entitled, “Rezoning, Conditional Zoning, and Zoning Ordinance Amendments” Pertaining to Application Submission, Schedule, and Content.
ACTION: Presented by Alison Alexander, Senior City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
13.15-0385Ordinance to amend and reenact Chapter 3 of the Zoning Ordinance of the City of Hampton, Virginia by amending Section 3-3 entitled “Additional Standards On Uses” pertaining to additional standards for building or structure-mounted commercial communication antennas and to amend and reenact Chapter 9 of the Zoning Ordinance of the City of Hampton, Virginia by amending Section 9-23 entitled “Modifications To Permitted Uses” pertaining to building or structure-mounted commercial communication antennas in the Coliseum Central Overlay District.
ACTION: Presented by Porter Stevens, Zoning Official.
ACTION: Held Public Hearing - Stephen R. Romine, the attorney for Verizon, spoke in favor of this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
Use Permit
14.15-0383Use Permit Application No. 15-00014: by Elvie Wilson for live entertainment inside LV’s Sports Bar and Grill located at 1565 Briarfield Road [LRSN 3005371].
ACTION: Presented by Matt Smith, Senior Zoning Official.
ACTION: Held Public Hearing - The following individuals spoke in opposition to this matter: Sharon Mallory, Agnes Defino, Linda Fleet, Anna Endie, Raymond Flora, Alisha House, Shirley Gibson, Randolyn Drebensteal, Susie J. Auvil, Carolyn Carson, Ellen R. Dishman, and Larry Cumming.

Mayor Wallace invited Elvie Wilson, the applicant, to address the Council since he had not yet done so. Mr. Wilson did address Council.
ACTION: Approved subject to thirteen (13) conditions. The motion was not voted upon due to a substitute motion being offered by Councilman Tuck.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Donnie R. Tuck.
ACTION: Deferred (1/13/2016) - Councilman Tuck offered a substitute motion to defer the matter until January to give the applicant and neighborhood more time to try to work together and talk things out.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Chris Snead.
Ordinances
15.15-0299Ordinance Authorizing the Transfer of City Property Located at 103 Saunders Road (LRSN 5001405), Comprising 19,613 Square Feet (0.4503 Acre), to William D. and Amparito Solterbeck
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
Resolutions
16.15-0389Resolution Authorizing the Grant of a Permanent Water Line Easement to Jon M. Garland and Nichole R. Friendenberg for an Area of E. Sherwood Avenue, Comprising 435 Square Feet, More or Less, to Benefit Their Property Located at 105 E. Sherwood Avenue (LRSN 12002641) Pursuant to Virginia Code § 15.2-1800
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
17.15-0390Resolution Authorizing the Grant of a Permanent Water Line Easement to Hillary Brown for an Area of E. Sherwood Avenue, Comprising 435 Square Feet, More or Less, to Benefit Her Property Located at 103 E. Sherwood Avenue (LRSN 13002048) Pursuant to Virginia Code § 15.2-1800
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
General Items
Resolutions
18.15-0381Resolution Authorizing the Grant of an Encroachment, Pursuant to § 34-86 of the City Code, to Richard G. Levin of an Area Comprising 885 Square Feet, More or Less, Over a Portion of City Property Identified as S. Hope Street (LRSN 12001367) for 13 Feet of a Rear Canopy, an Outdoor Seating Area, a 3-Foot Faux Iron Fence, and an 8-Foot Wide Concrete Loading Pad
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
Appointments
19.15-0366to consider appointments to the Peninsula Stadium Authority (War Memorial)
ACTION: Reappointed Pat Uribes and Brian Athey to their second four year terms which will expire on September 30, 2019 and appointed Herman S. Dorsey, Jr. Stephen Todd, Broderick Hewlett and Edward Eure to their first full terms which will also expire on September 30, 2019, appointed Rob Sterling in the staff place of Jim Wilson, and appointed Jim Wilson to a full term in an existing vacancy until September 30, 2019.
20.15-0372to consider appointments to the Coliseum Advisory Committee
ACTION: Reappointed Lynne Hutton to her second three-year term and appointed Robert Boester and William Brown to three-year terms expiring on December 30, 2018.
21.15-0373to consider an appointment to the Building Code Board of Appeals
ACTION: Appointed Patricia Quigley in the place of Herman S. Dorsey, Jr. to fill the unexpired portion of his term until June 30, 2019.
22.15-0374to consider appointments to the Hampton Federal Area Development Authority (FADA)
ACTION: Reappointed Wallace Arnold and Winfield Arnott until November 30, 2019.
23.15-0375to consider an appointment to the Wetlands Board
ACTION: Reappointed Laura Burbage to a second term which will expire on December 30, 2019.
24.15-0376to consider appointments to the Neighborhood Commission
ACTION: Reappointed Evelyn Stephenson in the place of Johanna Marteney for District 8 to serve until September 30, 2016, appointed Deena Franklin in the place of Rhonda Woods for District 9 to serve until September 30, 2017, and appointed Stephanie Alfonja as the Non Profit Representative in the place of Kathy Johnson to serve until September 30, 2019.
25.15-0386to discuss appointments to the Hampton 2019 Commemorative Commission.
ACTION: Council revised the roster of members to remove the names of Chuck Hall, Ja’Rae Grace Bolton, Jennifer Smith, and Ryan Taylor Fontes.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Councilwoman Schmidt stated that she has received information from citizens about coyotes in the Fox Hill area of the City. She asked for assistance in determining how to get the word out to the neighborhood. Ms. Bunting said the City might be able to use a telephone system to communicate and will consult with the animal control staff locally and on the state level.

Councilman Hobbs cautioned that coyotes often carry rabies and it is important to seek immediate treatment if attacked or scratched.

Councilman Moffett stated he is proud to be American and is proud to be a Hamptonian and wishes everyone a Merry Christmas and Happy Holidays.
Public Comment
  John Krulis spoke on the City's purchase of Motel 6 which he called reckless.

Frank Ottofaro, Jr. spoke on the Ottofaro case.

Following public comment, the members of City Council gave their holiday wishes to the community.
Adjournment
  The meeting adjourned at 9:01 p.m.