Last Publish on 12/22/2005 11:09:48 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, December 14, 2005
7:27 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
A. Paul Burton, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
  Prior to the meeting being called to order, the A Cappella Ensemble from Hampton High School, under the direction of Dean Shinn, performed for the audience.
INVOCATION - Randy Gilliland
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Councilman Sapp announced that the Department of Defense has recognized Hampton's Federal Area Development Authority as the entity which will manage the redevelopment of Fort Monroe. He further announced that we are among the first communities who received a community adjustment assistance grant and Hampton's grant was for $540,000.

CONSENT AGENDA
Consent Items - Second Reading
1.05-0676an Ordinance to Impose a Tax on Commercial Properties within the Downtown Hampton Business Improvement District
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
2.05-0686Ordinance to enact the City of Hampton Enterprise Zone Incentives Program.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
3.05-0696An ordinance to impose a tax on commercial properties within the Coliseum Central Business Improvement District
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
Consent Items - First Reading
4.05-0745Hampton History Museum - Collection Storage Area
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
Consent Items - Other
5.05-0709Fatality Reduction/Speed Enforcement/Occupant Protection Project (FY2006)
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
6.05-0711Cox Communications Hampton Roads, LLC 2005 Rate Review of Regulated Services and Equipment
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
7.05-0713Resolution to require the Towing Advisory Board to meet at least annually.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
8.05-0721Donation of a 1960 Marshall, 15' inflatable boat to the Smithfield, Virginia Volunteer Fire Department.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
9.05-07222005 Fire Programs Fund Allocation
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
10.05-0723Donation of a 1981 Ford E1 Engine to the Lower Currituck Volunteer Fire Department, Currituck County, North Carolina
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
11.05-0718Resolution authorizing the execution of an Agreement of Sale for the purchase of 1213 Kecoughtan Road from Investment planning Associates, Inc.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
12.05-0727Resolution authorizing the execution of an agreement of sale for the purchase of 211 Point Comfort Avenue from Marshall W. Evers.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
13.05-0728Resolution authorizing the execution of an agreement of sale for the purchase of 2605 E. Pembroke Avenue from Willard Jones Ingram, Jr. and Meriwether D. Ingram.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
14.05-0729Resolution authorizing the execution of an agreement of sale for the purchase of 732 North Back River Road from Pamela Hill.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
15.05-0735Proposed acquisition of property, known as 23 Freeman Drive, from Lewis R. and Joyce A. Everett.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
16.05-0750Proposed acquisition of property, known as 25 Freeman Drive, from Mark A. Johnson.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
17.05-0737152+/- square foot fee right-of-way acquisition from Willow Oaks Associates, LLC., on property located at 223 Fox Hill Road.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
18.05-0744Right of Way Agreement between Virginia Electric and Power Company and the City of Hampton
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
19.05-0740Resolution authorizing agreement with Iris Tech Inc. to provide a digitized video recorder/editor for the city channel TV 47.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
20.05-0746Additional Closed Circuit TV Cameras VDOT Project No. U000-114-151 (UPC 73234) Engineering Services Project No. 05-008
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
21.05-0747VDOT Revenue Sharing Projects and Saunders Road Improvements
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
22.05-0748Cmdr. Shepard Boulevard Extension
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
23.05-0749Hampton Roads Convention Center – Post-Construction Architectural Consulting Services
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
24.05-0733Approval of minutes from public presentation on the Buckroe Master Plan on October 11, 2005; from City Council's afternoon session of November 9, 2005; and from City Council's evening session of November 9, 2005.
ACTION: Adopted items 1 through 24 on consent agenda.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Turner M. Spencer.
PRESENTATIONS, PROCLAMATIONS, AWARDS
25.05-0724Announcements and presentations to winners of the 2005 Holly Days Parade contest.
ACTION: Presented the awards to the parade winners. The awards were presented by Vice Mayor Joseph Spencer, Councilman Tignor and Councilman Gilliland.
26.05-0762Resolution recognizing and commended A. Paul Burton for his service to the City of Hampton.
ACTION: Adopted on First Reading - Mayor Kearney read and presented the resolution to A. Paul Burton after which Mr. Burton made brief comments.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
27.05-0734Delegate Gear to address Council concerning Fort Monroe.
ACTION: Presented - Delegate Gear thanked citizens for their support in the recent election and indicated his willingness to do anything he can to support the City in the Fort Monroe reuse process.
28.05-0730discuss and consider creation of and appointees to a 501(c)(3) organization for certain fundraising activities honoring military service and Hampton-related military history.
ACTION: Moved to proceed with this process with the City Attorney working out the necessary details and reporting back to Council.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Randall A. Gilliland.
29.05-0751Resolution authorizing the execution of a Memorandum of Understanding (“MOU”), Development Agreement, and Ground Lease for the land purchase and development of the Buckroe Fishing Pier and Restaurant Project and the extension of Resort Boulevard, and reallocating $2 million originally appropriated for the reconstruction of the fishing pier to the land purchase for the Project and the extension of Resort Boulevard.
ACTION: Adopted on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
PUBLIC HEARINGS
Rezonings - Second Reading
30.05-0669Rezoning Application No.1208 by Charles A. Huffman, III to rezone two parcels totaling 1.17+/- acres from One Family Residence (R-13) District to Multiple Dwelling Townhouse (MD-T) District to develop up to nine (9) fee simple townhouses.
ACTION: Amended as Adopted on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
ACTION: Adopted as Amended on Second and Final Reading - This was adopted subject to eleven (11) conditions.

MOVER: Councilmember Turner M. Spencer.
SECONDER: Vice Mayor Joseph H. Spencer, II.
31.05-0672Rezoning Application No.1218-A by the City of Hampton to rezone approximately 0.1+/-+ acres at 731 Pennsylvania Avenue from General Commercial District (C-3) to One-Family Residential District (R-9) to permit the use and construction of single family homes.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Vice Mayor Joseph H. Spencer, II.
32.05-0646Rezoning Application No.1209 by Tysinger Real Estate to rezone 5.5+/- acres at the northeast intersection of Hampton Roads Center Parkway and Magruder Boulevard from One Family Residence District (R-11) to Limited Commercial District (C-2) to allow the expansion of a new car dealership.
ACTION: Adopted on Second and Final Reading subject to two (2) conditions.

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Angela Lee Leary.
33.05-0670Rezoning Application No.1212 by Ocean Properties to rezone 1.466+/- acres at 23 Water Street from Limited Commercial District (C-2) and One Family Residence District (R-13) to solely Limited Commercial District (C-2) for the purpose of constructing a mixed use structure, having multi-family dwelling units and a commercial restaurant.
ACTION: Adopted on Second and Final Reading subject to seven (7) conditions.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
34.05-0694Rezoning Application No. 1216 by Advantis/GVA and the Hampton Industrial Development Authority to rezone approximately 6.2+/- acres of property located at 2501 58th Street from Heavy Manufacturing District (M-3) to General Commercial District (C-3) for a gas station and flexible commercial space.
ACTION: Adopted on Second and Final Reading subject to three (3) conditions.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
Rezonings - First Readings
35.05-0725Rezoning Application No.1218-B by the City of Hampton to rezone approximately 3.54 +/- acres from General Commercial District (C-3) to One-Family Residential District (R-9) to permit the use and construction of single family homes.
ACTION: Adopted on First Reading

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Rhet Tignor.
Use Permit
36.05-0726Use Permit Application No. 1004 by the City of Hampton to build a commercial fishing pier and restaurant in Buckroe on Resort Boulevard.
ACTION: Approved

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Randall A. Gilliland.
General Items
Ordinances
37.05-0712An ordinance providing for the exoneration of certain taxes assessed against Monroe Apartment Corporation located at Fort Monroe for the fiscal tax year 2005/2006.
ACTION: Adopted on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Turner M. Spencer.
38.05-0716An ordinance to repeal Article V, Section 21-137 of Chapter 21 of the Code of the City of Hampton, Virginia pertaining to motor vehicles and traffic
ACTION: Adopted on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
Resolutions
39.05-0738Sentara CarePlex Hospital Resolution
ACTION: Adopted

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
Appointments
40.05-0710consider appointments to the Towing Advisory Board.
ACTION: Reappointed Clyde Laudermilk and appointed Robert Tollenaere. City Manager to appoint law enforcement representatives.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
ACTION: Deferred (1/11/2006) - The appointment of three (3) members from the general public was deferred.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
Other Items
41.05-0708Appeal of Denial of Taxi Driver Permit by Michael R. Lee
ACTION: Moved to grant a Taxi Driver Permit to Michael R. Lee.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
  The following individuals from the Coalition for Justice for Civil Rights spoke on the Isabel Disaster Relief benefits situation: Veronica Jones, Chris Wyatt, Kathy Doos, Devera Duvall, Sandra Vinston, Shirley Parnell, Barbara Williams, Connie Savage, and Rudy Langford.

Sandra Canepa, spoke in opposition to Bayfront Initiative of the Buckroe Master Plan.

Susan Archambeault, spoke concerning difficulties she experienced with the Treasurer's Office.

Edith Newkirk, spoke about her drainage problems.

Frank Blake of the Buckroe Civic Association indicated he does not support any referendum on the Buckroe Master Plan.

Trish Ferraro requested that Council keep the green space at Buckroe.

Frank J. Ottofarro spoke concerning his property on Pine Chapel Road.

Amy Hobbs and Phyllis Flanders encouraged City Council and staff to work on a collaboration on lots B in Buckroe.
Miscellaneous New Business
  Councilwoman Leary indicated that she would report on her attendance at the National League of Cities meeting during the second meeting in January. She also communicated that she may bring a motion for a referendum on the Buckroe issue in the future if the collaborative efforts fails. Additionally, Councilwoman Leary will bring later a suggestion about some type of committee to report on acquisitions. She also wished citizens happy holidays.

Councilman Tignor, Councilman Turner Spencer, Vice Mayor Joseph Spencer, Councilman Gilliland, and Councilman Sapp delivered their holiday wishes to the citizens of Hampton.

The City Manager also gave holiday greetings to the community.

The Mayor express his thanks to the staff of Channel 47 and invited City Attorney Paul Burton to express his holiday wishes.

Mr. Burton wished all a Merry Christmas.

Councilwoman Leary reminded all that the Trees of Hope are lit at Gosnold's Hope Park and encouraged citizens to view them.

The Mayor expressed his good wishes to the community.
Adjournment