Last Publish on 11/23/2009 12:38:15 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, November 18, 2009
6:58:46 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 - Councilman Ross A. Kearney, II
PLEDGE OF ALLEGIANCE TO FLAG -
  Mayor Ward allowed Councilman Wallace to read a copy of his letter to Frank Ottofaro.

Mayor Ward asked Mary Bunting, Assistant City Manager, to give a briefing on the City's response and recovery efforts to last week's Nor'easter storm.

MAYOR'S COMMENTS
1.09-0488Resolution of the Council of the City of Hampton, Virginia Confirming the Declaration of a Local Emergency and Evacuation Orders Made Necessary by a Storm Referred to as the “November Nor’easter”, which was Declared by the Hampton Director of Emergency Management on November 12, 2009.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
2.09-0487Ordinance to Suspend Payment of Certain Fees Associated with Permits Required to Repair or Replace Property Damage Occasions by the "November Nor'Easter."
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington, Jr..
CONSENT AGENDA
Consent Items
3.09-0441Approval of the Minutes from the Special meeting of October 7, 2009, the Special, Afternoon and Evening meetings of October 14, 2009, and the Special and Afternoon meetings of October 28, 2009.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
4.09-0440Resolution appropriating $100,000 from the General Fund to continue the Manufacturing Assistance Grant Pilot Program with Virginia A.L. Philpott Manufacturing Extension Partnership.
ACTION: Approved - this item was removed from the consent agenda.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington, Jr..
5.09-0451to consider appointments to the Mayor's Committee for People with Disabilities.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
6.09-0457Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY09 Bulletproof Vest Partnership Grant Program through the United States Department of Justice.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
7.09-0461Request for Refund of Erroneous Tax Abatements for 2009
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
8.09-0463Resolution Requesting the Virginia Department of Transportation to Program the Bridge Street Bridge Replacement Project into the 6-Year Plan, and Authorizing the City Manager to Execute Necessary Agreements.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
9.09-0464Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009-2010 Early Intervention Services for Infants and Toddlers with Disabilities and Their Families Contract Amendment, Part C of the Individual with Disabilities Education Act.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
10.09-0465Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the FY '08 Assistant Secretary for Preparedness and Response Grant and the FY '08 Metropolitan Medical Response System Grant from Department of Homeland Security, Office of Domestic Preparedness Through the Assistant Secretary for Preparedness and Response and the Virginia Department of Emergency Management
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
11.09-0466Resolution Approving FY2010 1st Quarter Budget Adjustments
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
12.09-0470Ordinance To Amend And Reenact Chapter 37, Article IA, “Property Exempt From Taxation By Designation And Classification” By Adding Two New Sections Entitled, “Section 37-11 ‘Findings And Purpose’ And Section 37-12, ‘Moratorium On Acceptance Of Applications For Tax Exemption.’”
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
13.09-0483Amended Resolution Approving the City of Hampton, Virginia's Participation in the Alcohol Safety Action Program.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
14.09-0484Resolution to Amend the Resolution Establishing the Purchasing and Procurement Oversight Committee to Expand the Committee to Include a School Board Member
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
15.09-0479Award of the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2008.
ACTION: Presented by Councilman Kearney to Sylvia Shanahan, *, Finance Department.

ADD DIGITAL CITIES ITEM HERE -- presented by Councilman Washington to Leslie Fuentes, Director of Information Technology. 9th year in a row that Hampton has been in top 10
PUBLIC HEARINGS
Rezonings
16.09-0478Rezoning Application No. 1281 by The Shores of the Chesapeake Bay, LLC, AH & H Corporation, and Abbott Associates, LLC to rezone several parcels generally bounded by Resort Boulevard to the east, Seaboard Avenue to the south, 2nd Street to the west, and Point Comfort Avenue to the north from Neighborhood Commercial District (C-1) and Limited Commercial District (C-2) to Limited Commercial District (C-2) and Special Public Interest – Buckroe Bayfront District (SPI-BBD) allowing for single-family, duplex, multi-family and commercial development.
ACTION: Deferred (12/9/2009)

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
17.09-0476Rezoning Application No. 1262 by NDS Development Company LLC, Power Plant Hotels, LLC, and the City of Hampton to rezone the property at 1634 Power Plant Parkway [LRSN 2000022] and 12 Pine Chapel Road [LRSN 13001308] from One Family Residence District (R-11) to Limited Commercial District (C-2) for commercial use.
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing - joint public hearing with item 09-0477.
ACTION: Approved - a joint vote was held on Rezoning Application No. 1262 and Use Permit No. 1049.

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Paige V. Washington, Jr..
Use Permit
18.09-0477Use Permit Application No. 1049 by NDS Development Company LLC, Power Plant Hotels, LLC, and the City of Hampton to construct and operate a hotel at 1634 Power Plant Parkway [LRSN 2000022] and 12 Pine Chapel Road [LRSN 13001308].
ACTION: Held Public Hearing - joint public hearing with item 09-0476.
ACTION: Approved - a joint vote was held on Rezoning Application No. 1262 and Use Permit No. 1049.

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Paige V. Washington, Jr..
19.09-0473Use Permit Application No. 1059 by Michael Higgins doing business as Rocksteady Tattoos and Piercings to allow for the operation of a tattoo parlor at 2525 W. Mercury Boulevard [LRSN 3003437].
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing - there were no speakers.
ACTION: Approved

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
Resolutions
20.09-0475Resolution to Request the General Assembly of the Commonwealth of Virginia to Amend Chapter 4, Section 4.02a of the Hampton City Charter entitled “City Manager – Powers and Duties.”
ACTION: Held Public Hearing - there were six (6) speakers who spoke in opposition to the proposed change.
ACTION: Denied

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington, Jr..
General Items
Ordinances
21.09-0471Ordinance To Amend And Reenact Chapter 37, Article II, “Real Estate Taxes”, Division 1, “Generally”, Sections 37-18 Through 37-22 Regarding The Board Of Review Of Real Estate Assessments.
ACTION: Presented by Brian Gordineer, City Assessor.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington, Jr..
22.09-0458An Ordinance providing for the exoneration of certain taxes assessed against Monroe Apartment Corporation located at Fort Monroe for the fiscal tax year 2009/2010.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
Resolutions
23.09-0472Resolution Appropriating $2,000,000 from the General Fund Undesignated Fund Balance to the Capital Projects Fund for the New Circuit Court Building (Engineering Project No. 06-018B)
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Several individuals from the Merchants Association of Phoebus spoke on a partnership to help beautify Phoebus.

Joan Charles spoke about the decrease in frequency of Council meetings and requested this discussion be placed on the December agenda. She also presented information on a recent land sale of property formerly controlled by the Industrial Development Authority where Robert Lang made a large profit.

James Rudisill spoke about the homeless population in Hampton and the many challenges they face, particularly in cold weather. He suggested the use of the Armory building during the day.

Rudy Langford expressed his pride in the Council and staff for their actions during the recent storm. He cautioned the Council on going public and endorsing candidates.

Robert Nuckles spoke about the New World Order.

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

Edwin Boone requested that citizens begin attending the Purchasing and Procurement Oversight Committee meetings and asked for an itemization of the firms getting the federal stimulus money from the City of Hampton.

Donnie Tuck shared his recent good experience with Traffic Engineering on an inquiry. He also questioned the security of the lobby of City Hall.
Miscellaneous New Business
Adjournment