Last Publish on 7/19/2006 8:59:03 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, July 19, 2006
7:27:33 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, 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
INVOCATION - Rhet Tignor
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor reminded citizens that the Fort Monroe Planning Process will continue with open sessions being conducted beginning Friday, July 21, 2006, and running through July 27, 2006. These meetings will take place at the Hampton Roads Convention Center. The final presentation will be at 6:30 p.m. on July 27, 2006. Citizens may receive additional information by calling the City's Call Center at 311. The Mayor encouraged all to participate.
CONSENT AGENDA
Consent Items - First Reading
1.06-0385Request for refund of erroneous tax assessments - Old Point National Bank.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
2.06-0389Citywide Aerial Photography – Pictometry Software and Digital Images
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
3.06-0391Appropriate $155,000 from Fund Balance to purchase eleven (11) new vehicles for City Assessor's Office.
ACTION: Approved - Councilman Tignor expressed concern that this transaction was being handled outside of the budget process and the City Manager explained the reasons for same.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
4.06-0392Request for refund of erroneous tax assessments for 2006
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
5.06-0409A resolution appropriating $402,365 from fund balance for additional revenues realized from Parks and Recreation fees through June 30, 2006.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
6.06-0421An Ordinance to Amend and Re-Enact Chapter 14 of the Code of the City of Hampton, Entitled, "FIRE PREVENTION AND PROTECTION", ARTICLE II, "FIRE PREVENTION CODE", SECTION 14-26 to Adopt the Current Statewide Fire Prevention Code and Selected Appendices.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
7.06-0422Resolution authorizing the appropriation of $266,000 from the General Fund undesignated fund balance to Non-departmental for Hampton’s 2007 Celebration.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
Consent Items - Other
8.06-0390Programming and Local Administration of Twelve (12) Projects in the VDOT 6-Year Plan: 1) Citywide Wayfinder Signs – Engineering Services Project 07-021 2) Coliseum Central Transit Shelters – Engineering Services Project 07-015 3) Big Bethel Road/Radford Drive Traffic Signal Installation – Engineering Services Project 07-013 4) Big Bethel Road/Todds Lane Intersection Improvements – Engineering Services Project 07-014 5) Coliseum Drive/Cunningham Drive Intersection Improvements – Engineering Services Project 07-011 6) Mercury Boulevard/Fox Hill Road Intersection Improvements – Engineering Services Project 07-020 7) Hampton Roads Center Parkway/Big Bethel Road Intersection Improvements – Engineering Services Project 07-012 8) Citywide Automotive Vehicle Location (AVL) for Emergency Services Vehicles – Engineering Services Project 07-016 9) Citywide Traffic Signal System Upgrade – Phase II – Engineering Services Project 07-019 10) Citywide CCTV Camera Installations – Phase II – Engineering Services Project 07-017 11) Citywide Traffic Signal System Retiming - Engineering Services Project 07-018 12) Hampton Electric Automated Transit (HEAT) – Engineering Services Project 07-023
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
9.06-0394License Agreement between the City of Hampton, Virginia, 6 E. Mellen Associates, LLC and Little Bar Bistro, LLC.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
10.06-0395Resolution Authorizing the City Manager to acquire easements for drainage, sanitary sewer and utilities from property owners for mutual benefits to permit the City to construct small neighborhood projects.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
11.06-0396Vacation Agreement between the City of Hampton and Charles T. Campbell and Deanna D. Campbell and Robin W. Masters.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
12.06-0397Vacation Agreement between the City of Hampton and Roger L. Doss and Jamlong Doss and David R. McCain
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
13.06-0399Approval of presentation of Distinguished Citizen Award to Dr. Turner M. Spencer on July 9, 2006.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
14.06-0400Virginia Department of Emergency Management, Local Emergency Management Performance Grant 2006.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
15.06-0402Resolution Setting the Term Lengths for Members of the Federal Area Development Authority.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
16.06-0407Donation of 1997 Ford F-350 Ambulance to the Coast Guard Auxiliary, COMCEN, Inc., by the Hampton Division of Fire and Rescue
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
17.06-0426Armistead Avenue/Link Road Projects (Phase 1A and 1B)
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
18.06-0427Fox Hill Road/Woodland Road Intersection Improvements Citywide CCTV Camera Installations Mercury Boulevard/Martha Lee Drive Crosswalk and Pedestrian Signal Installation
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
19.06-0406Resolution authorizing the execution of an Ingress/Egress Public Access Easement and Maintenance Agreement and an Ingress/Egress Vehicular and Parking Easement and Maintenance Agreement with Tysinger Real Estate, LLC.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
20.06-0384Approval of Minutes from the Afternoon and Evening Council Meetings of June 14, 2006, and from the Special Council Meetings of June 15, 2006, and July 1, 2006.
ACTION: Approved items 1 and 2 and 4 through 20 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
PRESENTATIONS, PROCLAMATIONS, AWARDS
21.06-0405Proclamation In Recognition of the 20th National Veterans Golden Age Games
ACTION: Presented by Councilman Tignor to Charles Wynder, Sr. and to Sheila Bailey, Public Affairs Director for the VA Medical Center. Many of the participants were also present.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
22.06-0330Rezoning Application No.1227 by Robert L. Mallory to rezone 19.71+/- acres on the southern side of Semple Farm Road (LRSN# 5001246) from One Family Residence District (R-13) to One Family Residence District (R-11) with conditions for the construction of up to 23 single-family homes.
ACTION: Held Public Hearing
ACTION: Adopted on Second and Final Reading - subject to five (5) conditions.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
23.06-0408Rezoning Application No. 1228-A by the City of Hampton to rezone residentially used and Hampton Redevelopment Housing Authority vacant properties within the Kecoughtan Road Corridor, beginning at the Newport News city line and ending at the Wythe Fire Station, and extending into the neighborhood an average of 250± feet on either side of the Kecoughtan Road right of way from Neighborhood Commercial District (C-1) to One-Family Residence District (R-11).
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Conditional Privilege
24.06-0410Conditional Privilege Application No.84 by Lankford and Joyce Blair to operate a bed and breakfast at 232 South Armistead Avenue, commonly known as the Magnolia House.
ACTION: Held Public Hearing
ACTION: Approved on First Reading - subject to four (4) conditions.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
25.06-0416Conditional Privilege Application No.85 by Calvary Assembly of God to operate a Day Care 3 at 1380 North Mallory Street.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading - subject to six (6) conditions.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
General Items
Ordinances
26.06-0411Ordinance to Amend and Reenact Chapter 37, Article II, Division I of the Code of the City of Hampton entitled "Real Estate Taxes, Generally", by adding thereto a New Section 37-31 entitled "Surplus Proceeds Paid to the City from Delinquent Real Estate Tax Sales".
ACTION: Deferred (8/9/2006)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
27.06-0420An Ordinance to Amend Chapter 21, Article IX of the Code of the City of Hampton Entitled, "OPERATION OF GOLF CARTS" by Adding Thereto a New Section 21-221 Entitled, "PUBLIC HIGHWAYS DESIGNATED FOR GOLF CART USE"
ACTION: Adopted on First Reading - Councilman Tignor indicated that the private roads in Grandview are not covered in this ordinance because they are not governed by our ordinances. He expressed that Council would like to explore reducing the speed limit on Beach Road to 25 miles per hour in this area to allow it to also fall under the provisions of the state ordinance which would allow the City to allow golf carts on Beach Road also.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
Resolutions
28.06-0363A Resolution Authorizing the Execution of An Agreement of Sale For the Purchase of Property known as Otley Road, consisting of 1.24 acres +/-, RPC No. 2002247, from Old Point Trust & Financial Services, NA, Executor of the Estate of Jarnice W. Chapman, deceased and Co-Trustee of the Jarnice W. Chapman Irrevocable Trust dated September 1, 2000 and Talmage D. Wade, Co-Trustee of the Jarnice W. Chapman Irrevocable Trust dated September 1, 2000.
ACTION: Deferred (8/9/2006)

MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
29.06-0386Acquisition of property commonly known as 21 Barrack Street from Michael Letourneau and Linda E. Atkins.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
30.06-0428Proposed acquisition of property, known as 605 & 607 Bassett Street, from James A. Crocker, Jr.
ACTION: Deferred (8/9/2006)

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
Appointments
31.06-0401consider an appointment to the Federal Area Development Authority
ACTION: Appointed Dr. Kanata A. Jackson.

MOVER: Councilmember Rhet Tignor.
32.06-0423consider an appointment to the Mayor's Committee for People with Disabilities.
ACTION: Appointed Alverna Payne to a term to expire on October 9, 2006, to coincide with the expiration date of other committee members.

MOVER: Mayor Ross A. Kearney, II.
33.06-0424consider an appointment to the Board of Review of Real Estate Assessment.
ACTION: Appointed Kim Borum to a four year term to expire on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
34.06-0425consider an appointment to the board of Hampton Roads Transit.
ACTION: Appointed Dr. Charles N. Sapp and appointed Paige V. Washington, Jr. as his alternate.

MOVER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
  Sandra J. Canepa briefly spoke indicating that she had e-mailed the members of Council and would await their responses.

Frank J. Ottofaro also spoke concerning Audiences Granted to the Public and perhaps granting special treatment to elderly and disabled speaker. He also brought up some safety issues. Mr. Ottofaro asked that Councilman Spencer read a letter on his behalf and Councilman Spencer did so.
Miscellaneous New Business
  Councilwoman Leary reminded everyone of the Ceremony of Rememberance and Hope to take place at Gosnold's Hope Park on September 11, 2007.
Adjournment