Last Publish on 9/15/2006 8:34:26 AM
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 13, 2006
7:32:23 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 - Randall A. Gilliland
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor thanked Councilwoman Angela Lee Leary for her efforts in connection with the Day of Rememberance and Hope. He also thanked the local Chamber of Commerce for their Freedom Walk event held at Coliseum Mall.
CONSENT AGENDA
Consent Items - Second Reading
1.06-0366An Ordinance to Amend and Re-Enact Chapter 2, “Administration”, Article II, “City Council”, Division 2, “Meetings”, Section 2-43 of the Code of the City of Hampton, Virginia, entitled, “Order of Business – Regular Meetings.”
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
Consent Items - First Reading
2.06-0477Request for Refund of Erroneous Tax Assessments
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
3.06-0497A Resolution authorizing the re-appropriation of $225,704.00 from the General Fund balance to the Hampton Redevelopment and Housing Authority's Hampton Business Incentives Corporation.
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
4.06-0507Resolution approving FY06 Year End Budget Adjustments.
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
5.06-0514Resolution Appropriating Funds from the Retained Earning Reserve for Equipment Replacement for the Purchase of Four Knuckleboom Trucks.
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
6.06-0483Acquisition of property commonly known as 222 Pine Chapel Road from Armond C. Crump, Samuel A. Crump, and Barbara E. Macario.
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
7.06-0489Approval of Minutes from the Special Meeting of August 8, 2006 and the Afternoon and Evening Council Meetings of August 9, 2006.
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
8.06-04902006 NFL Youth Football Grant
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
9.06-0494Acquisition of property, known as 1002 Kecoughtan Road, from Toby M. Boyea
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
10.06-0496OEMS-Rescue Squad Assistance Fund
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
11.06-0504Approval of Articles of Incorporation and Bylaws of The Hampton Military History Foundation for filing with the State Corporation Commission
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
12.06-0508Vacation Agreement between the City of Hampton, Virginia, and the Trustees of St. Mark's United Methodist Church.
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
13.06-0512Designation of ThyssenKrupp Elevator as the only source practically available for maintenance and repair services for the elevators in City Hall.
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
14.06-0515Resolution Authorizing the City Manager To Negotiate the Terms of a Cooperation Agreement Among the City of Hampton, the City of Hampton Federal Area Development Authority and OPC Hampton, LLC, to Seek an Alternative Site for Chamberlin Hotel Parking at Fort Monroe
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
15.06-0525Approval of resolution of personnel matter on terms acknowledged by Council on September 5, 2006.
ACTION: Approved items 1 through 15 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
16.06-0431Presentation of Proclamation declaring April 26, 2006, to April 26, 2007, as the Year of Regional Citizenship.
ACTION: Presented by E. Dana Dickens, III, President and CEO of the Hampton Roads Partnership to Mayor Kearney.
17.06-0488Proclamation welcoming Hampton University students and faculty to Hampton
ACTION: Presented by Councilman Rhet Tignor to Dr. Bennie McMorris, Vice President for Student Affairs, and Justin Merrick, Student Government Association Representative to the Board of Trustees, representing Hampton University.
18.06-0519In Recognition of the 100th Anniversary of the Virginia School for the Deaf, Blind and Multi-Disabled at Hampton.
ACTION: Presented by Councilman Paige V. Washington, Jr. to Dr. Mary Christian and Jodie James, Co-Chairpersons of the 100th Founder's Day Celebration Planning Committee, and to Ralph Shelman and Harriet Storm.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - First Readings
19.06-0505Rezoning Application No.1224-C by the City of Hampton to rezone 15.92+/- acres (Part 1) in Buckroe from Multiple Residence (R-M) District to One Family Residence (R-9) District and 5.92+/- acres (Part 2) from R-M to Multiple Dwelling (MD-4) District.
ACTION: Held Public Hearing
ACTION: Approved on First Reading with the exclusion of the properties also included in Rezoning Application #1232.

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Joseph H. Spencer, II.
20.06-0509Rezoning Application No.1223 by Platinum Homes, Corp. to rezone approximately 5 parcels totalling 2.81+/- acres at 701 Aberdeen Road from Neighborhood Commercial (C-1) District and Limited Commercial (C-2) District to Limited Commercial (C-2) District with conditions.
ACTION: Held Public Hearing together with agenda item #23 (06-0500) Community Plan Amendment #004-2006.
ACTION: Approved on First Reading with three (3) proffered conditions.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
21.06-0510Rezoning Application No. 1233 by the City of Hampton to rezone ten parcels totaling 3.6+/- acres within the Park Place neighborhood from Light Manufacturing District (M-2) to One-Family Residence District (R-9).
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
22.06-0511Rezoning Application No.1232 by Renee Riley and Nell Denby to rezone 4.6+/- acres roughly bounded by South 1st Street to the north, Seaboard Avenue to the east, Bay Shore Lane to the south, and Atlantic Avenue to the west from Multiple Residence (R-M) District and One-Family Residence (R-13) District to Multiple Dwelling (MD-2) District for multi-family residences.
ACTION: Held Public Hearing together with agenda item #20 (06-0509) Rezoning Application #1223.
ACTION: Approved on First Reading with two (2) conditions.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
Comprehensive Plan Amendment
23.06-0500Community Plan Amendment #004-2006 proposed by the City of Hampton Planning Department to change the Hampton Community Plan land use map recommendation at 701 Aberdeen Road and four adjoining parcels from low density residential to high density residential.
ACTION: Held Public Hearing together with agenda item #20 (06-0509) Rezoning Application #1223.
ACTION: Approved

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Angela Lee Leary.
24.06-0502Plan Amendment No. 005-2006: Proposal by the City of Hampton to amend the Hampton Community Plan by adopting the proposed Peninsula Multi-Jurisdictional Natural Hazards Mitigation Plan as it applies to the City of Hampton.
ACTION: Held Public Hearing - Curtis J. Shaffer, Assistant to the City Manager, made a presentation to Council. Many citizens spoke concerning flooding issues in their neighborhood.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
General Items
Appointments
25.06-0472consider an appointment to the Peninsula Agency on Aging.
ACTION: Removed
26.06-0475consider an appointment to the Hampton Arts Commission.
ACTION: Appointed Steven James to a term to expire on June 30, 2009.

MOVER: Councilmember Rhet Tignor.
27.06-0478consider an appointment to the Hampton Roads Planning District Commission.
ACTION: Reappointed City Manager, Jesse T. Wallace, Jr. for a two year term to expire on June 30, 2008.

MOVER: Councilmember Rhet Tignor.
28.06-0482consider appointment of a Council representative to the Cultural Alliance of Greater Hampton Roads.
ACTION: Appointed Councilman Joseph H. Spencer, Jr. to a one year term effective on July 1, 2006, and expiring on June 30, 2007.

MOVER: Councilmember Rhet Tignor.
29.06-0484consider an appointment to the Social Services Local Advisory Board.
ACTION: Deferred (9/27/2006)

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
30.06-0499consider an appointment to the Wetlands Board.
ACTION: Appointed Dr. James C. Haug to fulfill an unexpired term which will expire on December 13, 2010.

MOVER: Councilmember Rhet Tignor.
31.06-0518consider an appointment to the Planning Commission.
ACTION: Reappointed Amy Thorstad to a term to expire September 30, 2010.

MOVER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
  Rudy Langford spoke on the legal expenses spent in connection with lawsuits.

Veronica Davis requested assistance with a Codes Compliance issue.

Sandra Canepa encouraged citizens to attend the upcoming planning sessions concerning Buckroe and the information gathered from citizens at Bay Days. She presented an additional 174 signatures to the petitions.

Danny Minton spoke about a problem with the feeding of waterfowl in his neighborhood.

Miscellaneous New Business
Adjournment