Last Publish on 8/24/2010 2:41:50 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, August 11, 2010
6:55:26 PM
Ross A. Kearney, II, Angela Lee Leary, Will Moffett, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Molly Joseph Ward, Mayor
Staff:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, CMC, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilwoman Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
1.10-0361Hampton Sister Cities Report
ACTION: Presented by Dianne Foster, Special Assistant to the City Manager, who introduced members of Hampton Sister Cities: Geoff Tennille, Dr. Marty Tennille, Ruth Simmons, Tammy Hobson, Brittany Foster, and Vice Mayor George Wallace. Vice Mayor Wallace also shared comments during a slide presentation showing highlights of the trip. Mr. Tennille also reported on the trip and shared various gifts that were presented to Hampton. Mayor Ward was presented with proclamations from both Vendome, France and Southampton, England.

Following this presentation, Mayor Ward asked Councilman Kearney to share information on this weekend's upcoming 85th running of the Hampton Cup Regatta. He encouraged citizens to attend and thanked the City staff who have assisted with this event.
2.10-0311Blight Management Briefing
ACTION: Presented by Steve Shapiro, Deputy Director of Community Development, and Lesa Yeatts, Senior Deputy City Attorney.
CONSENT AGENDA
Consent Items
3.10-0334Approval of the minutes from the evening session of June 9, 2010; the special meeting of July 1, 2010; and the afternoon and public comment sessions of July 14, 2010.
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
4.10-0336Resolution Accepting and Appropriating Federal and State Disaster Assistance Grant Funding Received From the Commonwealth of Virginia for Eligible Expenditures Incurred as a Result of the November 2009 Nor'easter Storm
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
5.10-0337Resolution Requesting Renaming Hefflefinger Street to Albert E. Simpson Street from the Intersection of Rowe Street to the Intersection of Guy Street.
ACTION: Moved to remove item #5 (10-0337) from the consent agenda and to take the matter out of order.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
ACTION: Approved with the change from Albert Simpson Street to Albert E. Simpson Street. Councilman Moffett and Mr. Simpson also made remarks.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Christopher G. Stuart.
6.10-0339Resolution Approving the City of Hampton, Virginia's Acceptance and Appropriation of the Virginia Department of Emergency Management Hazmat Equipment and Training Grant of the 2009 State Homeland Security Program Grant from the National Preparedness Directorate, United States Department of Homeland Security
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
7.10-0340Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2011 Homeless Intervention Program Through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development.
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
8.10-0341Department of Homeland Security - FY 2009 Assistance to Firefighters Grant Program
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
9.10-0342Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010-2011 comprehensive Community Corrections Act and Pretrial Services Act Grant Funding Program Through the Hampton-Newport News Criminal Justice Agency from the Virginia Department of Criminal Justice Services.
ACTION: Approved - this item was removed from the consent agenda at the request of Councilman Stuart.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
10.10-0344Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Virginia Operational Integration Cyber Center of Excellence (VOICCE) Grant Funding Program Through the U.S. Department of Homeland Security National Cyber Security Division.
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
11.10-0345Resolution to Accept a Donation of New Crossfit Exercise Equipment for Hampton Fire & Rescue from CrossFit Hampton Roads.
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
12.10-0346Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010-2011 Byrne Justice Assistance Grant Program Through the Virginia Department of Criminal Justice Services.
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
13.10-0347Resolution Authorizing the Re-Appropriation of $224,844.00 from the General Fund balance to the Hampton Redevelopment and Housing Authority’s Hampton Business Incentives Corporation
ACTION: Approved - This item was removed from the consent agenda by Councilman Moffett and Councilwoman Leary. James A. "Pete" Peterson provided additional information for Council.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Ross A. Kearney, II.
14.10-0353Resolution Approving FY2010 4th Quarter Budget Adjustments
ACTION: Approved - this item was pulled at the request of Councilwoman Leary. Ms. Bunting provided additional information on the item and indicated that she would provide more information at a later date as there wasn't enough time between the afternoon and evening meetings to allow for data compilation.

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
15.10-0355Resolution approving sole source acquisition of services from J Wandling Consulting for the City of Hampton Department of Information Technology to perform technical solutions support and development.
ACTION: Approved - items #15 (10-0355) and #17 (10-0358) were removed from the Consent Agenda at the request of Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Will Moffett.
16.10-0357Resolution Re-adopting the City of Hampton, Virginia’s Emergency Operations Plan
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
17.10-0358Resolution Determining Christine Snead To Be The Only Source Practicably Available From Which To Procure Budget Management Training and Transition Services And Authorizing The Negotiation And Execution Of A Service Contract With Christine Snead As “Sole Source”
ACTION: Approved - items #15 (10-0355) and #17 (10-0358) were removed from the Consent Agenda at the request of Councilwoman Leary. Ms. Bunting is to be provide the monetary figure for this item at a later date.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
18.10-0364Resolution of the Hampton City Council Approving and Authorizing Submission to the State of the Fiscal Year 2011 Hampton-Newport News Community Services Board Performance Contract.
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
19.10-0366Resolution Authorizing The Acceptance of Money Donated To The City By RK Toyota For Hampton History Museum
ACTION: Approved items 3, 4, 6 through 8, 10 through 12, 16, 18 and 19.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
20.10-0348Ordinance to amend and reenact the Zoning Ordinance of the City of Hampton, Virginia by repealing chapter 2 entitled “Definitions”, section 17.3-62 entitled “Definitions,” section 17.3-69 entitled “Boundaries and Definitions”, “section 17.3-115, entitled “Definitions,” section 17.3-122 entitled “Definitions,” and section 17.3-137 entitled “Definitions,” and by amending and reenacting sections 3-1, 3.1-2, 3.2-2, 3.3-2, 3.4-2, 4-1, 5-1, 17.2-3, 17.3-46, 17.3-54, 17.3-72, 17.3-123, and 18-21, and by adding a new chapter 2.1, entitled “Definitions” and a new section 18.23 entitled “Home Occupations.”
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
21.10-0349Ordinance to amend and reenact Article V of the Zoning Ordinance of the City of Hampton, Virginia entitled “Flood Zone District” by repealing Article V in its entirety and replacing Article V with section 17.3-31 through and including section 17.3-36.
ACTION: Presented by Steve Shapiro, Deputy Director of Community Development. Leigh Chapman also participated in the presentation.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Use Permit
22.10-0302Use Permit Application No. 1065 by Langley View, LLC to place fill and crush an existing mound of concrete on a 36.1± acre lot located on the north side of Potter Lane, approximately 2,500 feet east of Armistead Avenue (LRSN 6000826).
ACTION: Held Public Hearing - Doug Hornsby, Esq. and Bobby Hornsby spoke on the issue. They requested that the access issue be worked out before any permit is issued. Terry P. O'Neill, Director of Community Development, and Bruce Sturk, Director of Federal Facilities, provided information on this item with respect to Langley's initial concerns which have now been satisfactorily addressed.
ACTION: Approved subject to eleven (11) conditions. The City Attorney read the proposed language for the additional condition: No land disturbing and/fill operations shall be permitted on this site until such time as a legally enforceable access agreement/easement is submitted to the City of Hampton ensuring adequate vehicular access to Potter Lane from North Armistead Avenue to the subject property, and maintenance of Potter Lane.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
23.10-0350Use Permit Application No. 1066 by Kings Way Montessori School Ltd. to allow a school at Hampton Baptist Church located at 40 Kings Way (LRSNs 2002979, 2002994 & 2002995).
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
Conditional Privilege
24.10-0351Conditional Privilege Application No. 109 by Smiles and Giggles Learning Center Incorporated to allow operation of a Day Care 3 at Langley Christian Church located at 175 Fox Hill Road (LRSN 8003570).
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Resolutions
25.10-0352Resolution authorizing the execution of a Lease Agreement between the City of Hampton and Girls, Inc. to lease 4051 sq.ft. of the Y.H. Thomas School Building at 1300 Thomas Street.
ACTION: Deferred (9/8/2010) - The motion to defer was on items #25 (10-0352), #26 (10-0354) and #27 (10-0356).

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
26.10-0354Resolution authorizing the execution of a Lease Agreement between the City of Hampton and Inspiring Minds to lease 6398 sq. ft. of the Y. H. Thomas School Building located at 1300 Thomas Street.
ACTION: Deferred (9/8/2010) - The motion to defer was on items #25 (10-0352), #26 (10-0354) and #27 (10-0356).

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
Ordinances
27.10-0356Ordinance to amend and reenact Chapter 21 of the Code of the City of Hampton, “Motor Vehicles and Traffic”, Article VI “Pedestrians”, Section 21-188 “Distribution of handbills, solicitation of contributions and sales of goods or services on public roads and designated highways prohibited”.
ACTION: Deferred (9/8/2010) - The motion to defer was on items #25 (10-0352), #26 (10-0354) and #27 (10-0356).

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
Appointments
28.10-0338to consider the appointment of an alternate to the Transportation District Commission of Hampton Roads
ACTION: Appointed Grace Routten to serve as an alternate to Vice Mayor George Wallace and Mayor Molly Ward to serve as an alternate to Councilman Will Moffett. Their terms will coincide with the terms of Vice Mayor Wallace and Councilman Moffett and be timed with election cycles.

MOVER: Councilmember Angela Lee Leary.
29.10-0343to consider an appointment to the Wetlands Board
ACTION: Appointed Harry Johnson to fulfill the unexpired portion of a term which will expire in December, 2010.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Mayor Ward took the City Manager's report out or order before the consent agenda.

The City Manager, Mary Bunting, shared information on the recent conversations concerning the recommended closure of the Joint Forces Command (JFCOM).

She also gave a report on public comment and civic engagement opportunities, providing the history and also information on current means of communicating with Council along with some statistical information. Several members of Council commented on the information provided.

Ms. Bunting also reported back on concerns recently raised by citizens. In response to Mr. Baisley's request, staff will look at senior citizens tax relief during the next budget process. Dr. Rudisill requested the use of the Armory or another City building for use by the homeless and Ms. Bunting reported there are regional conversations going on on homelessness. She also reported that there are programs in place to deal with extreme weather sheltering.

She additionally reported that handrails at Darling Stadium are already in the works. The curb and gutter work in Old Northampton has taken longer than some other work due to the necessity of obtaining some easements. With respect to the cost of design work on Quash Street, Ms. Bunting reported that some of that work actually was done on other streets in close proximity and also for some environmental work that needed to be done. The delay was largely caused by the complexity of the project.
Miscellaneous New Business
  The City Manager asked that the City Attorney, Cynthia Hudson, provide information on the history of Mr. Ottofaro's complaint for the benefit of the new members of Council. Councilwoman Leary also shared information on her past research on this issue in 2004. Councilman Tuck indicated that he had recently done some research on this issue.

Councilman Kearney has been asked by many citizens when the Air Force would begin mosquito spraying. The runway at Langley is under repair and they do not anticipate any such flights.

Councilwoman Leary shared information from National League of Cities on August 6th on sanitary sewer overflows for the benefit of Mr. Peterson.

Councilman Moffett requested a report from the City Manager on the budgeting and operating hours for Hampton's Community Centers. He thinks we need to take a look at it.
Adjournment