Last Publish on 7/21/2008 2:24:53 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, July 16, 2008
7:35 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 Gilliland
  The invocation was given by Councilman Gilliland.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.08-0261Request for Refund of Erroneous Tax Abatements for 2005, 2006, 2007 and 2008.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
2.08-0262Approval of Minutes from the Special Meeting held on July 1, 2008, and the Afternoon and Evening Meetings of Council held on June 18, 2008.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
3.08-0281Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2008-2009 Early Intervention Services for Infants and Toddlers with Disabilities and their Families Contract Amendment, Part C of the Individual with Disabilities Education Act.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
4.08-0282Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2008-2009 Hampton Adult Drug Treatment Court Grant Program Funding Program through the Hampton-Newport News Community Services Board from the Supreme Court of Virginia.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.08-0294A Resolution Authorizing the City Manager to Execute an Agreement with the Virginia Marine Resources Commission for a $750,000 Grant from the Virginia Saltwater Recreational Fishing Development Fund for the Buckroe Fishing Pier Project and Appropriating the $750,000 of Grant Funds to the Capital Projects Fund.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
6.08-0296AN ORDINANCE TO AMEND CHAPTER 36, SECTION 36-4 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SWIMMING POOLS.”
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
7.08-0298Resolution to Accept and Appropriate 2009 Aid to Locality Funds from the Commonwealth of Virginia Department of Fire Programs.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
8.08-0299Resolution to Approve the Vacation of 5’ Within an Existing 20’ City Easement Across the Northerly Rear of the Property Located at 810 Leeds Terrace, Hampton, Virginia, Owned by Charles E. Wolf.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
9.08-0301Resolution to Approve the City of Hampton Police Division's Participation and Appropriation of the FY2008/09 Wireless 911 Grant Project Funds from the Virginia E-911 Services Board.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
10.08-0302AN ORDINANCE TO AMEND CHAPTER 5, SECTIONS 5-2, 5-42, 5-77 AND 5-88 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "ANIMALS."
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
11.08-0303Authorization to Submit the FY-2008-2009 Hampton Newport News Community Services Board Performance Contract to the State.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
12.08-0304Resolution Appropriating $252,902.96 from VDOT Urban Construction Fund for Improvements to the Intersection of Big Bethel Road and Old Big Bethel Road, Subject to Reimbursement from the Virginia Department of Transportation (VDOT)
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
13.08-0305Resolution Appropriating $115,385 of Developer Payments to the Capital Projects Fund for the Installation of a Traffic Signal at Hardy Cash Drive and Hampton Club Drive
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
14.08-0310Resolution to Approve the Vacation of a Portion of a Right of Way Known as Franktown Road Across the Northerly Portion of 70 and 83 Franktown Road, Hampton, Virginia, Owned by Merrimack Grove Associates, L.L.C.
ACTION: Approved items 1 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - First Readings
15.08-0278Rezoning Application No. 1271 by Charles J. and Kathleen Powell to Rezone a 0.20± Acre Lot at 625 Celey Street (LRSN# 1002283) from Neighborhood Commercial District (C-1) to One Family Residence District (R-9) for an Existing Single-family Home.
ACTION: Presented by Chris Dyser, City Planner.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Ordinances - First Readings
16.08-0307AN ORDINANCE GRANTING A FRANCHISE TO VERIZON VIRGINIA INC. FOR THE TERM AND UPON THE CONDITIONS HEREIN STATED TO OCCUPY AND USE THE STREETS, ALLEYS AND PUBLIC PLACES OF THE CITY OF HAMPTON, VIRGINIA WITHIN ITS CORPORATE LIMITS TO INSTALL, MAINTAIN, UPGRADE, REPAIR AND REMOVE POLES, CABLE, OPTICAL FIBERS, WIRES, ELECTRICAL CONDUCTORS, CONDUITS, SUBWAYS, MANHOLES, AND OTHER EQUIPMENT AND FIXTURES OF A TELECOMMUNICATIONS SYSTEM IN THE CORPORATE LIMITS OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Held Public Hearing
ACTION: Moved to waive second reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember George E. Wallace.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
17.08-0309An Ordinance Granting a Franchise to Verizon Virginia Inc. to Construct and Operate a Cable System in the City of Hampton, Virginia
ACTION: Held Public Hearing
ACTION: Moved to waive second reading.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Paige V. Washington.
Resolutions
18.08-0295Resolution Authorizing the Execution of a License Agreement Between the City of Hampton and Hampton Bicycle Motocross (BMX) Parents Association Incorporated for Approximately 2.6 Acres of Real Property at Gosnold’s Hope Park for Bicycle Motocross Racing Events.
ACTION: Held Public Hearing
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
19.08-0300Resolution to Approve a License Agreement with Hampton Heritage, L.L.C. for Installed Improvements Under/Over the Variable Width Public Right-of-ways Known as Old Hampton Lane, Franklin Street, Settlers Landing Road, Merchant Lane and Queens Way for Drainage and Utility Encroachments Serving the Heritage at Settlers Landing Apartments.
ACTION: Held Public Hearing
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
General Items
Resolutions
20.08-0315Resolution Authorizing the City Manager to Implement Certain Redevelopment Initiatives of the Buckroe Master Plan to Include Acquisition of Certain Strategic Properties, Streetscaping and Other Infrastructure Improvements, and Appropriating $6,800,000 from the Undesignated Fund Balance of the City’s General Fund.
ACTION: Deferred (8/20/2008)

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
Appointments
21.08-0287to consider an appointment to the Animal Control Advisory Committee.
ACTION: Reappointed Calvin Poole for a three year term and Judy Carr for a four year term.
22.08-0288to consider an appointment to the Building Code Board of Appeals.
ACTION: Reappointed Sherman Crawley for a five year term.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
23.08-0289to consider appointments to the Hampton Arts Commission.
ACTION: Reappointed Nancy Bagley Adams and George M. Ware to three year terms and appointed Steve Prince to a three year term. One appointment was deferred until August.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
24.08-0290to consider appointments to the Office of Human Affairs.
ACTION: Appointed Molly Ward in the place of Ross Kearney with Anderson W. Clary, Jr. serving as her representative. Appointed George E. Wallace with Carmen Taylor serving as his representative. Appointed Joseph H. Spencer, II with Dianne Foster serving as his representative. Appointed Paige V. Washington, Jr.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
25.08-0291to consider an appointment to the Peninsula Stadium Authority.
ACTION: Reappointed John P. Vann to a two year term.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
26.08-0292to consider appointments to the Purchasing and Procurement Oversight Committee.
ACTION: Reappointed Dr. Lewis Bellinger and Carolyn Boyer to two year terms. Appointed Michael Graves to a two year term. One appointment was deferred until August.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
27.08-0313to consider the appointment of a member of Council as a liaison to the Fort Monroe Federal Area Development Authority.
ACTION: Appointed George E. Wallace.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
28.08-0314to consider appointment of Council liaisons to various Boards, Commissions and Committees.
ACTION: Deferred (8/20/2008) - this matter will be considered in August, however, Mayor Ward is appointed in the place of former Mayor Kearney for all Mayor liaison responsibilities.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
29.08-0021to consider appointments to Hampton’s 2010 Celebration Committee
ACTION: Deferred (8/20/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
30.08-0096to consider appointments to the Hampton Industrial Development Authority.
ACTION: Appointed General Wallace Arnold to an unexpired term which will expire on April 1, 2012.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
31.08-0102to consider an appointment to the Hampton Redevelopment and Housing Authority.
ACTION: Appointed Tamara Gonzalez to fulfill an unexpired term which expire on June 30, 2009.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
32.08-0113to consider appointments to the Hampton Federal Area Development Authority.
ACTION: Deferred (8/20/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
33.08-0258to consider the appointment of an alternate to the H2O Community Development Authority.
ACTION: Deferred (8/20/2008)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
Audiences Granted to the General Public
  Shelby Cornick spoke on behalf of the Patient Advocate Foundation.

Eddie Deerfield urged Council to support preserving the old fisherman's house in Buckroe.

George Baisley spoke on real estate tax relief and the boat tax.

Nancy Gruttman-Tyler expressed her concern over the destruction of a heron's nest.

Hugh Bassette spoke about spending money in Buckroe.

Wilbert Scott

William Webster spoke about curb and gutters in Wythe.

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

Bob Nuckols spoke against the City funding scholarships.

Tony Caspariello, Tiana Flucker, Rudy Langford spoke on behalf of the Blue Ribbon Commission with respect to district voting.

Donnie Tuck had questions concerning fund balance.

Frank Blake spoke about curbs and gutters in Buckroe.
Miscellaneous New Business
  Councilman Gilliland introduced Lisa Keller, an intern working this summer for him on City Council business. She is a student at the University of Virginia and graduated from Kecoughtan High School.
Adjournment