Last Publish on 2/14/2008 5:14:39 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, February 13, 2008
7:26:23 PM
Anderson W. Clary, Jr., Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, 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 - Councilwoman Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items - Second Reading
1.08-0018AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE II, SECTION 2-52 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED, “MINUTES OF CLOSED MEETINGS.”
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
Consent Items - First Reading
2.08-0028Request for Refund of Erroneous Tax Assessments for 2007 and 2008
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
3.08-0029Approval of Minutes from Afternoon and Evening Sessions of January 23, 2008.
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
4.08-0041Resolution Designating Ward Marine, Inc. as the Only Practical Source to Complete the Installation of a Pad-mounted Generator at Fort Wool for Interim Power to the Flagpole Lights, and Appropriating $10,000 from General Fund Balance for this Work, with Reimbursement to Come from the Remaining Funds Donated for the Flagpole Project - Fort Wool Flagpole - Power and Illumination for Nighttime Display of the U.S. Flag Engineering Services No. 05-043
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
5.08-0042Resolution Appropriating $9.7 M from VDOT Urban Construction Funds for the Award of a Portion of the Cmdr. Shepard Blvd. Phase I Construction Contract and Related Inspection Services..Cmdr. Shepard Boulevard Extension - Phase 1 Engineering Services Project No. 97-016A
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
6.08-0043Resolution Approving FY08 Second Quarter Budget Adjustments.
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
7.08-0045Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Byrne Memorial/COJ Program through the Department of Criminal Justice Services.
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
8.08-0046Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Triad Crime Prevention for Seniors Grant Program through the Commonwealth of Virginia, Office of the Attorney General.
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
9.08-0047Resolution approving the City of Hampton, Virginia’s participation and appropriation of the 2008 VFIRS Hardware Mini Grant submitted by the Fire Division through the Commonwealth of Virginia Department of Fire Programs. Virginia Department of Fire Programs - VFIRS Hardware Mini Grant
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
10.08-0048Resolution approving the City of Hampton, Virginia’s participation and the appropriation of the 2008 OEMS Consolidated Grant submitted by the Hampton Fire Division through the Office of Emergency Medical Services, Virginia Department of Health.
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
11.08-0049Resolution Authorizing Mar Mac TSI - A First Med Company to Operate Within Hampton, Virginia.
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
12.08-0051Resolution Appropriating Funds from the Solid Waste Fund Retained Earnings Reserve for Equipment Replacement
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
13.08-0052Resolution to Accept the Donation of 504 Kidde Brand Smoke Detectors from the Home Safety Council to the Hampton Division of Fire and Rescue.
ACTION: Approved items 1 through 3 and 5 through 13 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
14.08-0058Request for Refund of Erroneous Tax Assessments.
ACTION: Deferred (2/27/2008)

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
15.08-0033Briefing from Hampton Bay Days
ACTION: Presented by Shelly Ezanno, Executive Director, Hampton Bay Days.
16.08-0050Briefing on the Revised Hampton River Dredging Plan.
ACTION: Presented by Ken Dierks of Kimley-Horn and Associates, Inc. There will be a community meeting on February 25, 2008, at 7 p.m. at Kecoughtan High School on this matter. Council expressed their consensus in moving forward with the meeting on February 25th.
PUBLIC HEARINGS
Rezonings - Second Reading
17.07-0682Rezoning Application No. 1264 by Stan Wilson to rezone 10.91± acres, including the Wilson Trailer Park and adjacent parcels: 11, 11B, 13, 13B and 15 Old Fox Hill Road and 16 Severn Street from One Family Residence District (R-9) to Limited Commercial District (C-2), with conditions, for multi-family units; and to rezone a portion of 5 Old Fox Hill Road and 1221, 1224, 1226, 1244 and 1246 North King Street from Limited Commercial District (C-2) to C-2, with conditions, for multi-family units; and to rezone a portion of 5 Old Fox Hill Road from R-9 to C-2, with conditions, for multi-family and/or retail - LRSN 8002363, 8002364, 8002365, 8002359, 8002360, 8002373, 8002353, 8002352, 8002354, 8002351, 8002350, 8002355, 8002347, 8002358, 8002356.
ACTION: Held Public Hearing - Doralynn Moyle spoke in opposition. Councilwoman Leary read a letter into the record from W. A. "Bud" Porter in support of the application.
ACTION: Adopted on Second and Final Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
Use Permit
18.08-0044Use Permit Application No. 1036 by New Cingular Wireless PCS, LLC to install commercial communications antennae on an existing Dominion VA Power pole and to install a new equipment building at 300 Butler Farm Road. [LSRN 7001867]
ACTION: Presented by Caroline Butler, Chief Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
General Items
Resolutions
19.08-0056VHDA Resolution for Wilsondale Project
ACTION: Adopted

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
20.08-0061VHDA Resolution for HRHA Project
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Anderson W. Clary, Jr..
Appointments
21.07-0684to consider an appointment of an alternate to the Wetlands Board.
ACTION: Deferred (2/27/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Anderson W. Clary, Jr..
22.08-0039to consider an appointment to the Hampton Parking Authority
ACTION: Appointed William Jackson to fulfill an unexpired term. The term will expire on May 30, 2009.

MOVER: Councilmember Angela Lee Leary.
23.08-0040to consider the appointment of an alternate to the H2O Community Development Authority.
ACTION: Deferred (2/27/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
24.08-0053to consider appointments of alternates to the Grievance Board.
ACTION: Appointed Bob Killen, Laurence R. Nisley, Vickie R. Williams, and William H. Benson, Jr. as alternates. Another alternate is to be appointed at the first Council meeting in March.

MOVER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Frank J. Ottofaro spoke about handicapped needs and his property on Pine Chapel Road.

Andy Bigelow thanked Council for attending a recent community meeting. He expressed the desire for the City obtain additional land for the Newmarket watershed. He presented a petition in support of the City acquiring the land in question for public purposes.
Miscellaneous New Business
  Vice Mayor Gilliland announced the launch of a new program which is the first of its kind in Virginia to fund grants for small manufacturing firms. This will give them access to world-class consultants. The launch will take place on February 26th at 7:30 a.m. at the ARC on 58th Street.

Councilwoman Leary indicated that she would provide Frank J. Ottofaro with a copy of the Supreme Court of Virginia's opinon in the case of Frank J. Ottofaro, et al. v. City of Hampton, Record No. 020101 dated January 10, 2003.

Councilwoman Leary previously asked the City Attorney for an opinion on illegal spot zoning and she read a portion of the opinion from the City Attorney.

She also indicated that many of the rental properties in the North King Street corridor have absentee landlords. She plans to continue to live in the North King Street corridor and to work to hold those absentee landlords accountable.

Councilman Clary indicated that February is known as Black History Month and he believes that the history of all cultures is iintegral to our history. He spoke about the Presidential race and how the current race has candidates of both sexes and from different cultures. He took the opportunity to express that every day we should embrace the history of this country and not just set aside a time to give token attention to a particular race of people. He wanted to give a different perspective. Even though the national label is Black History Month, it should be our nation's history and it should be every day of every month of every year.
Adjournment