Last Publish on 6/17/2009 7:14:29 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, June 10, 2009
6:36:51 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward, Mayor
Staff:
J. B. Oliver, Jr., Interim City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilwoman Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward recognized Boy Scouts in attendance from Troop 10: Graham Thatcher, Justin Wezenski, Nick Caison and Alex Caison.

She also invited Ms. Jenever Brown to share information on the upcoming 19th Annual Afrikan American Festival sponsored by the Peninsula Association for Sickle Cell Anemia, Inc. The festival takes place on June, 26, 27 and 28, 2009, in Mill Point Park.
CONSENT AGENDA
Consent Items
1.09-0196Request for Refund of Erroneous Tax Abatements for 2009
ACTION: Approved - Councilwoman Leary requested that this item be removed from the consent agenda.

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Joseph H. Spencer, II.
2.09-0203Resolution Determining Singer Associates, Inc. to be the Only Source Practicably Available from which to Procure Warranty and Selected Proprietary Parts and Repair Service for Pierce, Medtec, PL Custom, Hurst and Centaur Fire Emergency Vehicles and Equipment and Authorizing the Negotiation and Execution of a Purchase Contract with Singer Associates, Inc. as a "Sole Source."
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
3.09-0216Resolution Authorizing the City of Hampton to Continue Participation in the Certified Crime Prevention Community Program.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
4.09-0220Approval of the Minutes from the Afternoon and Evening meetings of May 13, 2009, and the Afternoon meeting of May 27, 2009.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
5.09-0224Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Public Safety Answering Point FY2010 Grant Program Through the Virginia Wireless E-911 Services Board.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
6.09-0230Resolution Accepting a Donation of 24 Flagpoles, with Silks, from the Downtown Hampton Development Partnership to the City of Hampton, Virginia.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
7.09-0231Resolution Adopting the International City/County Management Association –Retirement Corporation Governmental Profit-Sharing Plan & Trust and Final Pay Plan
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
8.09-0241Resolution Transferring $3,500,000 from Various School Construction Accounts to School Building Maintenance and Modernization Account
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
9.09-0242Resolution to Forgive $25,000 of the Outstanding Balance of a Loan Between the City and the Virginia Air & Space Center.
ACTION: Moved to to defer repayment of $25,000 for twelve (12) months. The motion died for lack of a second. - Councilwoman Leary requested that this item be removed from the consent agenda prior to making her motion.

MOVER: Councilmember Angela Lee Leary.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
10.09-0243Resolution to Appropriate Funds ($60,427) in the Hampton Roads Convention Center Fund to Cover Operating Expenses for the Fiscal Year Ending June 30, 2009
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
11.09-0246In Recognition of the 125th Anniversary of The Hampton Volunteer Fire Company
ACTION: Presented by Councilman Ross Kearney to Keith Selby, Chief; Kenny Taylor, President; Claude Burge, Vice President; Mark Burge, Deputy Chief; and Captain Barry Spriggs.
PUBLIC HEARINGS
Use Permit
12.09-0228Use Permit Application No. 1050 by Plaza Azteca-Hampton to construct and utilize an outdoor dining area as an accessory use to their existing restaurant located at 50 Towne Centre Way. [LRSN #4004840]
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Paige V. Washington, Jr..
SECONDER: Councilmember Ross A. Kearney, II.
13.09-0237Use Permit Application No. 1053 by the City of Hampton to create and utilize a public park known as the “Newmarket Creek Park and Trail System.” [LRSN #13001285, 13001171 and 13001178]
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington, Jr..
14.09-0239Use Permit Application No. 1054 by Wall & Stanley, LLC to have outdoor dining as an accessory use to a restaurant located at 11 Ivory Gull Crescent at the Salt Ponds Marina. [LRSN# 12007690]
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing - C. B. King spoke in support of allowing outdoor dining.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
Public Hearings and Actions Concerning Buckroe
15.09-0238Rezoning Application No. 1280 by the City of Hampton and the Hampton Redevelopment and Housing Authority (HRHA) to rezone four parcels totaling 7.81± acres from One Family Residence District (R-9), Neighborhood Commercial District (C-1), Limited Commercial District (C-2), and Special Public Interest District – Buckroe (SPI-B) to Special Public Interest – Buckroe Bayfront District (SPI-BBD) for single-family, multi-family, and mixed use commercial and residential development. The area to be rezoned consists of four parcels; the first being four City-owned lots totaling 3.96+ acres in the block bounded by North Mallory Street, Pembroke Avenue, South 2nd Street, and Point Comfort Avenue, and excluding 220 Point Comfort Avenue; the second being one City-owned lot totaling 1.36+ acres bounded by Point Comfort Avenue, South 2nd Street, Coaster Way, and South 1st Street; the third being one City-owned lot totaling 1.66+ acres bounded by South 2nd Street, Buckroe Avenue, South 1st Street, and Boardwalk Way; and the fourth consisting of an area that includes four Hampton Redevelopment and Housing Authority lots and one City-owned lot totaling .82+ acre, located on the north side of Pembroke Avenue, between North Mallory Street and South 2nd Street, and south of the first alley parallel to Pembroke Avenue at a depth of 115 feet.
ACTION: Presented by James A. "Pete" Peterson, Assistant City Manager; Terry P. O'Neill, Director of Planning and Neighborhood Services; and James Eason, Director of Economic Development. James Freas, Senior City Planner, also made a presentation specifically on Rezoning Application No. 1280.
ACTION: Held Public Hearing - There were 26 speakers on this item.
ACTION: Moved to vote on each lot individually. The motion died for lack of a second.

MOVER: Councilmember Angela Lee Leary.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
16.09-0223Ordinance Authorizing the Conveyance of Property in Buckroe by the City of Hampton to POH 2010, LLC
ACTION: Held Public Hearing - There were 6 speakers on this item.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Ross A. Kearney, II.
17.09-0159Ordinance Authorizing the Transfer of Property in Buckroe by the City of Hampton to the Hampton Redevelopment and Housing Authority
ACTION: Held Public Hearing - There were 7 speakers on this issue.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
18.09-0269Motion to Extend the Meeting Beyond 11 p.m.
ACTION: Moved to extend the meeting beyond 11 p.m.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
19.09-0227Resolution to approve a Development Agreement between the City and POH 2010, LLC for the proposed residential development in the Buckroe area and authorize the execution and delivery thereof.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
20.09-0259Resolution approving the terms of a Development Agreement by and among the City of Hampton (the "City"), the Hampton Redevelopment and Housing Authority (the "Authority") and Buckroe Beach Development, LLC, (the "Developer") and a Cooperation Agreement between the City of Hampton and the Authority, and authorizing the execution and delivery thereof for the proposed residential development in the Buckroe area.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
Ordinances
21.09-0211An Ordinance To Amend And Re-Enact Chapter 12 Of The Code Of The City Of Hampton, Virginia, Entitled, "Elections", Article II, "Precinct Boundaries", Section 12-34 To Change The Name From "Pembroke Precinct" To "Thomas Precinct".
ACTION: Held Public Hearing - a joint public hearing was held on item 09-0211 and 09-0212. There were no speakers on these items.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
22.09-0212An Ordinance To Amend And Re-Enact Chapter 12 Of The Code Of The City Of Hampton, Virginia, Entitled, "Elections", Article III, "Precinct Voting Places", Section 12-69 To Relocate the Voting Place in the Thomas Precinct.
ACTION: Held Public Hearing - a joint public hearing was held on item 09-0211 and 09-0212. There were no speakers on these items.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
23.09-0225An Ordinance To Amend The Code Of The City Of Hampton, Virginia, By Adding A New Subdivision to Chapter 37, Article III, Division 2: [Subdivision] C, Section 37-164 Relating To Separate Classification Of Machinery And Tools.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Deferred (11/18/2009)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
24.09-0226An Ordinance To Amend Non Coded Ordinance Number 0117 Of The City Of Hampton, Virginia, To Set The Tax Rate On Tangible Personal Property, Vehicles Without Motive Power Used Or Designed To Be Used As Manufactured Homes, Motor Vehicles Specially Equipped To Provide Transportation For Physically Handicapped Individuals, Machinery And Tools, Machinery And Tools Used Directly In The Manufacture Of Precision Investment Castings, Privately Owned Pleasure Boats And Watercraft Used For Recreational Purposes Only, Privately Owned Camping Trailers And Motor Homes As Defined In Section 46.2-100 Of The Code Of Virginia, In The City Of Hampton, Virginia, And Motor Vehicles Owned And Regularly Used By Disabled Veterans For The Calendar Year Beginning January 1, 2010 And Ending December 31, 2010.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Deferred (11/18/2009)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
General Items
Appointments
25.09-0217to consider an appointment to the Cultural Alliance of Greater Hampton Roads
ACTION: Appointed Vice Mayor Joseph H. Spencer, II, to serve until June 30, 2010.

MOVER: Councilmember Angela Lee Leary.
26.09-0222to consider appointments to the Peninsula Airport Commission
ACTION: Reappointed James J. Lockhart and Stephen M. Mallon to four year terms which will expire on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
27.09-0229to consider the appointment of Hampton's official voting member and an alternate on the Hampton Roads Transportation Planning Organization (HRTPO)
ACTION: Appointed Mayor Ward as Hampton's official voting member on the Hampton Roads Transportation Planning Organization (HRTPO); Councilman Kearney as Hampton's alternate to the HRTPO; and designated Mayor Ward as the Executive Committee member from Hampton on the Hampton Roads Planning District Commission.

MOVER: Councilmember Angela Lee Leary.
28.09-0236to consider appointments to the Hampton Neighborhood Commission
ACTION: Appointed Joshua Head to serve the remainder of Mark Wilcox’s term as the Faith-Based representative, reappointed Ebony Miller to serve a two year term as the Youth representative, and reappointed Jackie Roundtree to serve a two year term as the At-Large Representative

MOVER: Councilmember Angela Lee Leary.
29.09-0240to consider appointments to the Citizens' Unity Commission
ACTION: Appointed Anne Andrews to fulfill the unexpired term of Genie Robinson which will expire on June 30, 2011; Harold DeHaven, Ruthann Kellum and Kayla Hicks to their first regular terms which will expire on June 30, 2013; and Stefano Patton and Kevin Akeya as Youth Commissioners whose terms will expire upon their graduation from Hampton University.

MOVER: Councilmember Angela Lee Leary.
30.09-0248to consider appointments to the Purchasing and Procurement Oversight Committee (PPOC)
ACTION: Reappointed James Crocker and Lauren Yee to the to terms expiring on June 30, 2011 and appointed Eugene Johnson to a two year term expiring on June 30, 2011. One vacancy will be filled at the July meeting of Council.

MOVER: Councilmember Angela Lee Leary.
31.09-0249to consider appointments to the Board of Directors of the Virginia Air and Space Center
ACTION: Reappointed Michael Braham and Raymond B. Bottom, Jr.and appointed Melanie Rapp Beale in the place of C. Max Bartholomew, Jr. to a term which will expire on June 30, 2011.

MOVER: Councilmember Angela Lee Leary.
32.09-0250to consider an appointment to the Board of Review of Real Estate Assessments
ACTION: Reappointed Sally Abbott to her first full term which will expire on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
33.09-0251to consider appointments to the H2O Community Development Authority
ACTION: Reappointed Jim Oliver, Richard Bagley, Frank A Edgar, Jr., Douglas E. Miller and Leonard Sledge; appointed Jeff Sandford as an alternate and reappointed the following alternates: James A Peterson for Jim Oliver and Lawrence Cumming and Eleanor Brown.

MOVER: Councilmember Angela Lee Leary.
34.09-0252to consider an appointment to the Thomas Nelson Community College Board
ACTION: Appointed Stephanie White to a four year term expiring on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
35.09-0253to consider an appointment to the Building Code Board of Appeals
ACTION: Appointed Herman Dorsey to a term expiring on June 30, 2014.

MOVER: Councilmember Angela Lee Leary.
36.09-0254to consider appointments to the Hampton-Newport News Community Services Board
ACTION: Reappointed Wanda Rogers and Dr. Turner R. Spencer and appointed Bill Baker to their first full three year terms which will expire on June 30, 2012.

MOVER: Councilmember Angela Lee Leary.
37.09-0255to consider an appointment to the Grievance Board
ACTION: Reappointed Rev. Reginald Woodhouse to his first full four year term to expire on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
38.09-0256to consider appointments to the Hampton Arts Commission
ACTION: Reappointed Ann Marie Batten, Shar Wolff, Patsy Hollingsworth, and Steven James for their second three (3) year term which will expire on June 30, 2012.

MOVER: Councilmember Angela Lee Leary.
39.09-0257to consider appointments to the Hampton Parking Authority
ACTION: Reappointed William H. Jackson, III and Charles Roberts to terms expiring June 30, 2013. One vacancy will be filled at the July meeting of Council.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Sandra Canepa spoke on a referendum petition a committee will begin circulating Friday to appeal Council's approval of the rezoning of the Buckroe B lots.

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

James Quigley expressed his displeasure with Council's action forgiving $25,000 of a loan to the Virginia Air and Space Center.

Kelly V. Place spoke about respect.

Mary Lou Howard expressed her concerns on safety of the roads with respect to development in Buckroe and possible difficulty to emergency responders.
Miscellaneous New Business
  Councilwoman Leary expressed her appreciation to the citizens for their input and indicated that she plans to sign the planned petition announced by Mrs. Canepa.

Councilman Kearney expressed his displeasure with some of the character attacks on members of Council which took place during this meeting. He reflected on some of the previous actions taken by this Council and previous Councils which people disagreed with initially and later agreed were good. Councilman Kearney expressed his pride in the process used in making the Buckroe decisions. He also clarified that Fort Monroe belongs to the Commonwealth of Virginia. He expressed the need for public transportation to get people to Buckroe Beach.

Councilman Gilliland thanked Councilman Kearney for reminding the audience that the Commonwealth of Virginia owns Fort Monroe. He spoke about the possible tax burden that the citizens of Hampton may have to shoulder to support services to Fort Monroe. He also explained about his voting record with respect to the series of votes taken on the Buckroe issues.

Councilman Wallace reminded citizens that there is a recurring show on Channel 47 which contains information on Fort Monroe. There is also a wealth of information on the Fort Monroe website.

Councilman Washington shared information on some of the many meetings which have taken place in connection with development in Buckroe and Council's due diligence in making the decisions.

Mayor Ward clarified that all advertised public hearings were held as properly advertised and the difference in the order of items on the agenda was for the convenience of citizens.


Adjournment