Last Publish on 10/9/2008 3:36:56 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, October 08, 2008
7:27:16 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Molly Joseph Ward, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Wallace
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.08-0416Resolution Determining Airline Hydraulics Corporation to be the Only Source Practicably Available from which to Procure Hydraulic Cylinders, Pumps and Corresponding Repair Service and Parts for the Hampton Department of public Works and Authorizing the Negotiation and Execution of a Purchase Contract with Airline Hydraulics.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
2.08-0417Resolution Determining Carter Machinery Company, Incorporated to be the Only Source Practicably Available from which to Procure Parts, Periodic Maintenance, and Repair Service for the Hampton Department of Public Works and Authorizing the Negotiation and Execution of a Purchase Contract with Carter Machinery Company, Incorporated.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
3.08-0418Resolution Determining Mack Manufacturing to be the Only Source Practicably Available from which to Procure Crane Grapple Bucket Parts for the Hampton Department of Public Works and Authorizing the Negotiation and Executive of a Purchase Contract with Mack Manufacturing.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
4.08-0423Approval of Minutes from the Afternoon and Evening Sessions of Council on September 24, 2008
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.08-0424Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the COPS Technology Grant Program Through the U.S. Department of Justice.
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
6.08-0438Resolution Accepting the Donation of an Accelerant K-9 from State Farm Insurance to Hampton Fire & Rescue
ACTION: Approved items 1 through 6 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
7.08-0430Proclamation in Recognition of the Virginia Association of Professional Nursing Assistants, Inc. in the City of Hampton, Virginia.
ACTION: Presented by Councilwoman Leary to Patricia Maynard and other caregivers.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - First Readings
8.08-0391Rezoning Application No. 1272 by Oxford Hampton Partners, LLC To Amend Proffers from the Rezoning Application #1189 to Change the For-Sale Units to For-Rent Uses Within the Second Phase of Oxford Trail Development, to Proffer a New Site Plan layout Prepared by Corcoran/Ota Dated August 27, 2007 and to Proffer New Elevations Prepared by Corcoran/Ota . [LRSN # 13001406]
ACTION: Held Public Hearing - the applicant and several other speakers were heard on this matter.
ACTION: Denied - This motion was withdrawn by Councilman Kearney prior to a vote.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington.
ACTION: Referred back to Planning Commission - Councilman Kearney's motion to refer this matter back to the Planning Commission died for the lack of a second.

MOVER: Councilmember Ross A. Kearney, II.
ACTION: Approved on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember George E. Wallace.
Use Permit
9.08-0425Use Permit Application No. 1037 by AreaWide Communications Inc. to amend the conditions of Use Permit No. 929 to construct a second 400’ guy wired communications tower within a 10’ by 20’ shelter compound on a 3.4± acre lot at 1000 West Park Lane (LRSN# 5000211).The property is zoned One Family Residence District (R-15) and Multiple Residence District (R-M), which allows communications towers.
ACTION: Presented by Chris Dyser, City Planner. Terry P. O'Neill, Director of Planning, also provided information.
ACTION: Held Public Hearing - There was one speaker, representing the applicant, on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington.
Resolutions - First Reading
10.08-0431Resolution Regarding the Execution of a Right of Way Agreement with Virginia Electric and Power Company for Electric Services Across City of Hampton Property Located on Pine Chapel Road.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
11.08-0432Resolution Regarding the Execution of an Easement of Right of Way with Virginia Natural Gas, Inc. for a Natural Gas Pipeline Across City of Hampton Property Located at 9000 Derosa Road.
ACTION: Held Public Hearing - The applicant's representative, Les Flora, spoke on this item.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
Ordinances
12.08-0428Ordinance to Amend and Reenact Chapter 38 "Vehicles for Hire", Division 2 of the Code of the City of Hampton, Virginia, entitled “Certificate of Public Convenience and Necessity” Sections 38-48, 38-50, 38-51, 38-52, 38-53, 38-56, 38-58, 38-59 and 38-61.
ACTION: Adopted on First Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
13.08-0429Ordinance to Amend and Reenact Chapter 21 of the Code of the City of Hampton, Virginia, entitled “Motor Vehicles and Traffic”, Section 21-105 "One Way Streets."
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Appointments
14.08-0402to consider an appointment to the Parks and Recreation Advisory Board.
ACTION: Appointed Shawn Roe for the unexpired portion of a term to expire on April 30, 2011.

MOVER: Councilmember Angela Lee Leary.
15.08-0426to consider appointments to the Mayor's Committee for People with Disabilities.
ACTION: Appointed Patricia A. Brown, Philip E. Everhart, Ellen Shackelford, Jeanne Smith, and Story W. Smith to two year terms will expire on October 30, 2010.

MOVER: Councilmember Angela Lee Leary.
16.08-0437to consider an appointment to the Hampton-Newport News Community Services Board.
ACTION: Appointed Wanda Rogers to fulfill the unexpired portion of Mr. Credle's term which will expire on June 30, 2009.

MOVER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  William E. Webster spoke on his request for curb and gutter.

Dr. Theodore Reiff spoke on handicapped access to City Hall and requested that disabled individuals be able to address Council by telephone during meetings. He expressed concern about the large increase in expenditures in 08-09 and variations in the assessor’s records on square footage of his personal residence. He also suggested that a retired physician be appointed to the Mayor's Committee on the Disabled.

Frank J. Ottofaro spoke on the taking of property on Pine Chapel Road and on various safety concerns.

Charlie Frazier spoke on Back River flooding and shoaling and the breach of Factory Point.

Carol Garrison spoke on flooding and shoreline protection and wanted information on how to go about closing streets when they are flooded. Samuel Pinello also spoke on flooding mitigation.

Michelle Horne complimented the Hampton Police Department.
Miscellaneous New Business
  Councilman Kearney complimented the City Manager and his staff on their hard work in connection with the Crowne Plaza renovation.

Councilwoman Leary asked that the City Manager look into pump station #119 at 17 Freeman Drive and whether the City needs to accept it due to the odor and air quality. She also thanked the citizens who spoke tonight concerning the breach at Factory Point. She shared that the Virginia Institute for Marine Science is holding a workshop on tidal wetlands and shoreline protection which will be held on October 24th at a cost of $15.
Adjournment