Last Publish on 9/27/2007 1:05:10 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, September 26, 2007
7:22:23 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 - Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor asked Cynthia Hudson, the City Attorney, to speak on the issue of the City's response to calls for White Marsh protection. Ms. Hudson spoke on possible state legislation and other state-assisted remedies. Ms. Hudson outlined efforts to date and indicated that a summary handout on this issue is available for citizens.

Councilwoman Leary shared that the artwork in the lobby of City Hall was provided by the art students instructed by Rebecca Martin of Bassette Elementary, Angela Riddick of Merrimack Elementary, Rebecca Lacy and Kevin Wege of Robert E. Lee Elementary, Judith Taylor of Captain John Smith Elementary and also Ann Bane of the Hampton City Schools. This artwork was produced to commemorate September 11th. She also shared information on a quilt which was also produced in recognition of September 11th. This artwork is to thank those who protect and serve and will be shared with local fire stations, the police department and with the military overseas.

Councilman Washington shared that this is Councilman Rhet Tignor's last meeting before his retirement. This afternoon Council heard from applicants who expressed an interest in filling the unexpired portion of Councilman Tignor's term. Councilman Washington announced that it was the unanimous decision of Council that Rev. Anderson W. Clary, Jr. be the individual selected. An official vote and swearing in will take place at noon on Monday, October 1, 2007, and the public is invited to participate in the ceremony.
CONSENT AGENDA
Consent Items - Other
1.07-0498Approval of Constitution and ByLaws Amendments for the Athletic Hall of Fame of the Lower Virginia Peninsula
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
2.07-0501Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Byrne Memorial / Justice Assistance Grant Through the Bureau of Justice.
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
3.07-0508Resolution authorizing the re-appropriation of $225,679.00 from the General Fund balance to the Hampton Redevelopment and Housing Authority’s Hampton Business Incentives Corporation.
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
4.07-0521Resolution Accepting and Appropriating the Donation of Equipment Valued in Excess of $2,200.00 to the Hampton Police Division from the Coliseum Central Business Improvement District.
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
5.07-0522Resolution Re-establishing the Bethel Landfill Committee
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
6.07-0526Amendment of Resolution Reconstituting the Peninsula Stadium Authority with the City of Hampton as the Sole Continuing Municipal Member Following the Withdrawal of the City of Newport News.
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
7.07-0527Approval of minutes from the afternoon and evening sessions of the Hampton City Council on August 15, 2007, and September 12, 2007.
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
8.07-0455AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, “ADMINISTRATION”, ARTICLE III, “OFFICERS AND EMPLOYEES GENERALLY”, SECTION 2-108 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED, “CRIMINAL HISTORY INVESTIGATIONS OF APPLICANTS FOR POSITION OF POLICEMAN AND FIREMAN”
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
9.07-0477AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, “ADMINISTRATION” BY ADDING THERETO ARTICLE XIII, “OFFICE OF COMMUNITY AND INTERNATIONAL RELATIONS”
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
10.07-0478AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, “ADMINISTRATION”, BY ADDING THERETO ARTICLE V, ENTITLED “DEPARTMENT OF INTERNAL AUDIT”
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
11.07-0483AN ORDINANCE TO AMEND AND REENACT CHAPTER 21, ARTICLE II OF THE CODE OF THE CITY OF HAMPTON ENTITLED "LOCAL VEHICLE LICENSE" IN ITS ENTIRETY.
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
12.07-0531Resolution of the City Council of the City of Hampton, Virginia, Approving the Creation of the Hampton Economic Development Corporation by the Hampton Redevelopment and Housing Authority Pursuant to Title 36-19.12 of the Code of Virginia.
ACTION: Approved - items 1 through 9 and 11 and 12 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
PRESENTATIONS, PROCLAMATIONS, AWARDS
13.07-0506Resolution - In Recognition of Rhet Tignor
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
14.07-0507In Recognition of Claude F. Burge, Sr.
ACTION: Presented by Vice Mayor Gilliland to family members of Claude F. Burge, Sr. to include son, Claude F. Burge, Jr., grandsons, Mark Burge and Bryan Burge, and great grandson, Benjamin Burge.
ACTION: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
15.07-0511Annual Report of the Neighborhood Commission
ACTION: Presented by Will Moffett, Neighborhood Commissioner; Chris Ausink, Neighborhood Commissioner; Selvin (Rick) Walker, Neighborhood College Graduate; Dave Johnson, Hampton Police Department; Ann Bane, Neighborhood Commissioner; Katherine Fox, 21st Century Community Learning Centers; Levia Stovall, Robert E. Lee Elementary School Principal; Andy Bigelow, Hampton Neighborhood Development Partnership; Tommy Southall, Neighborhood Commissioner; Amy Thorstad, Hampton Preferred Realtor®; Charese Johnson, Sussex Neighborhood Association; Ed Richey, New South Federal Savings & Loan; Phil Egert, Pasture Point Neighborhood Association; Lee Croswell, Neighborhood Commissioner; and Shellae Blackwell, Hampton Neighborhood Office.
PUBLIC HEARINGS
Other Public Hearings
16.07-0499PUBLIC HEARING regarding the conveyance of a parking easement for two (2) parking spaces located at the City lot on Wine Street adjacent to 34 Wine Street to Joseph J. Stellute (32 Wine Street- one space) and Business Enterprise Partners, Inc. (34 Wine Street-one space) pursuant to the authority set forth in §15.2-1800 of the Code of Virginia of 1950, as amended.
ACTION: Presented by Vanessa Valldejuli, Deputy City Attorney.
ACTION: Held Public Hearing
17.07-0504Resolution to approve the conveyance of a parking easement for two (2) parking spaces located at the City lot on Wine Street adjacent to 34 Wine Street to Joseph J. Stellute (32 Wine Street -one space) and Business Enterprise Partners, Inc. (34 Wine Street - one space).
ACTION: Adopted

MOVER: Councilmember Paige V. Washington.
SECONDER: Vice Mayor Randall A. Gilliland.
18.07-0510Public Hearing to review Community Development Block Grant (CDBG) and HOME Program performance and to obtain the views of citizens on housing and community development needs in the City of Hampton
ACTION: Presented by Angelique Lenoir, Senior Neighborhood Development Specialist.
ACTION: Held Public Hearing
Rezonings - Second Reading
19.07-0464Rezoning Application No. 1260 by XL Development Group to amend conditions from Rezoning Application No. 1148 to include residential. The applicant is proposing to construct a live performance theater, full service hotel, retail, office space, town homes and structured parking. LRSN # 13001171
ACTION: Deferred (10/10/2007)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
20.07-0467Rezoning Application No. 1257 by Ronyag, Ltd. to rezone 1 +/- acre at 675, 677, 681 and 691 Greenbriar Avenue from General Commercial District (C-3) to Multiple Dwelling District (MD-4) to legitimize the zoning of two existing apartment buildings and to construct one new apartment building. LRSN #1003823, #1003824, #1003835 and #1003833.
ACTION: Held Public Hearing
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
21.07-0472Rezoning Application No. 1258 by David Tilghman to rezone .50 + acre at 618 Beach Road from Neighborhood Commercial District (C-1) to One-Family Residence District (R-11) to legitimize the zoning of an existing single family home.LRSN #10000312
ACTION: Held Public Hearing
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
22.07-0500Zoning Ordinance Amendment to amend Chapter 2, Definitions, to incorporate definitions of “Flag Lot” and “Drive Through.”
ACTION: Presented by Stephanie Mertig, Senior City Planner.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
23.07-0515Rezoning Application No. 1250 by the City of Hampton to rezone four properties located at 919 West Mercury Blvd [LRSN #7001175] (1.74± acres), 1932 North Armistead Ave [LRSN #7001178] (.33± acres), 1928 North Armistead Ave. [LRSN #7001177] (.80± acres), West Mercury Blvd [LRSN #7000334] (3.02± acres) (this is an unnumbered vacant property which is immediately adjacent to St. Paul’s Lutheran Church), from Limited Commercial (C-2) District to Neighborhood Commercial (C-1) District and; to rezone two parcels located at 1901 North Armistead Ave. [LRSN #7001180] (.9± acres) and North Armistead Ave [LRSN #7001185] (.08± acres) (this is an unnumbered vacant property which is between 1921 North Armistead Avenue and 1 Family Fun Place) from General Commercial (C-3) District to Limited Commercial (C-2) District and; to rezone West Mercury Blvd [LRSN #7000333] (6.56 ± acres) (this is an unnumbered vacant property which is adjacent to New Market Creek) from C-2 to One Family Residence (R-13).
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
24.07-0519Rezoning Application No.1244 by Patricia Mainor to rezone 1616 Todds Lane [LRSN # 3003857] from One Family Residence District (R-11) to Multiple Dwelling Townhouse District (MD-T) to allow the application of Use Permit #1021 to change from an Adult Care Residence-2 to an Adult Care Residence-3.
ACTION: Presented by Adanna Davis, City Planner. The applicant, Patricia Mainor, also addressed Council.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Use Permit
25.07-0520Use Permit Application No. 1023 by Hampton City Schools to construct a Pre-Kindergarten through Eighth Grade Public School at 1067 Big Bethel Road [LRSN: 4004559].
ACTION: Presented by Adanna Davis, City Planner. G. Victor Hellman, Jr., Deputy Superintendent for Facilities & Business Support of Hampton City Schools also presented information.



ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
Community Plan Amendment
26.07-0516Community Plan Amendment No. 013-2007 is a request by the City of Hampton to amend the Hampton Community Plan’s land use recommendation for 3 parcels (LSRN 13001302, 7000343, 7000333), totaling 45.48 ± acres bounded by W. Mercury Boulevard to the north, Newmarket Creek to the east, North Armistead Avenue to the south and property known as Oxford Trail development (2 Abbott Drive) and 709 W. Mercury Blvd. to the west from Mixed-Use to Open Space.
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
27.07-0517Community Plan Amendment No. 014-2007 by the City of Hampton to adopt the Buckroe Pattern Book as an appendix to the Buckroe Master Plan (2005 as amended).
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
28.07-0518Zoning Ordinance Amendment by the City of Hampton to adopt Article XVII “Special Public Interest-Buckroe Bayfront District,” within Chapter 17.3 “Special Public Interest Districts”.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
General Items
Resolutions
29.07-0503Resolution Authorizing the Issuance of General Obligation Public Improvement and Refunding Bonds of the City of Hampton in the Maximum Principal Amount of $160,000,000 to Redeem the City’s Series 2007 Bond Anticipation Notes and to Finance Certain Capital Improvement Projects and Providing for the Form, Details and Payment of Such Bonds and Authorizing the Issuance of Notes of the City in Anticipation of the Issuance of Such Bonds.
ACTION: Presented by George Scruggs, Esq.
ACTION: Held Public Hearing
ACTION: Adopted

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
Appointments
30.07-0487to consider appointments to the Peninsula Stadium Authority.
ACTION: Deferred (10/10/2007)

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
31.07-0512to consider appointments to the Neighborhood Commission
ACTION: Appointed Cris Ausink (District 4), Alice Callahan (District 6), Phil Egert (District 8), Lee Croswell (District 10), Willie Burrell (District 3), and Pete Peterson and John Veneziano as the City of Hampton's representatives.

MOVER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
  Tim Horton, Kathy Wickline, and Jeff Amick spoke against development in White Marsh.

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

Miscellaneous New Business
  Councilwoman Leary shared that she utilized an advisory committee to assist her in the selection process for an appointee to fill the unexpired portion of Councilman Tignor's term.

The Mayor wished Councilman Tignor the best of luck in the future.
Adjournment