Last Publish on 8/2/2012 9:58:39 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, June 13, 2012
6:59:37 PM
Ross A. Kearney, II, Will Moffett, Joseph H. Spencer, II, 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
  Mayor Ward called the meeting to order. Councilman Spencer was not present due to a family vacation which was planned prior to him filling the vacancy of former Councilwoman Angela Lee Leary.
INVOCATION - George E. Wallace
  Vice Mayor Wallace gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
1.12-0253Resolution in Recognition of Ross A. Kearney, II
ACTION: Adopted - Following the adoption of the resolution, Mayor Ward presented a framed copy of the resolution and photographs were taken of Councilman Kearney and his family and also of Councilman Kearney with the City Council. Councilman Kearney gave remarks following the presentation.

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Will Moffett.
2.12-0260Presentation from Dr. William R. Harvey on the Hampton First Project
ACTION: Presented by Dr. William R. Harvey. Dr. Harvey was accompanied by members of the Board of Hampton First. Sherry Spring, Executive Director of the Downtown Hampton Development Partnership, also gave remarks. Councilman-Elect Billy Hobbs and Councilwoman-Elect Chris Snead gave remarks followed by remarks by Councilmembers Stuart, Tuck, Moffett, Kearney and Vice Mayor Wallace and Mayor Ward. The City Manager, Mary Bunting, explained how the funding for this venture will be accomplished.
3.12-0229Resolution Confirming The Declaration Of A Local Emergency Made Necessary By The Tornado of June 1, 2012, Which Was Declared By The Hampton Director Of Emergency Management On June 1, 2012
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
4.12-0236Ordinance Suspending Payment of Certain Fees Associated with Permits Required to Repair or Replace Property Damage Occasioned by the June 1, 2012 Tornado
ACTION: Adopted

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
CONSENT AGENDA
Consent Items
5.12-0222Approval of the minutes from the special meeting of March 28, 2012; the April 25, 2012 afternoon session and evening special meeting; the afternoon and evening session of May 2, 2012; the afternoon, public comment and evening session of May 9, 2012; and the public comment meeting of May 23, 2012.
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
6.11-0194Use Permit Application No. 1070-2011 by AT&T to construct a 120’ monopole communications tower within a 60’X60’ equipment compound area located at 95 Tide Mill Lane (LRSN# 7001615).
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
7.12-0212Request for Refund of Erroneous Tax Abatements for 2011 and 2012
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
8.12-0188Resolution Approving FY2012 3rd Quarter Budget Adjustment
ACTION: Approved - this item was removed from the consent agenda at the request of Councilman Tuck. The City Manager responded to his questions regarding relocation.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
9.12-0214Resolution Requesting Appropriation of Additional Funds for the Mercury Boulevard and Fox Hill Road Intersection Improvement Project
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
10.12-0219Resolution Recognizing Members Of The Division Of Fire And Active Members Of The City Of Hampton's Volunteer Fire Companies And Rescue Squads As Integral Parts Of The Official Safety Program Of The City Of Hampton.
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
11.12-0227Resolution Setting Forth the City of Hampton’s Irrevocable Election Not to Participate in Line of Duty Act Fund
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
12.12-0220Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2012-2013 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 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
13.12-0221Resolution Accepting and Appropriating Funds for the Hampton Clean City commission from the Department of Environmental Quality, Solid Waste Fund, Stormwater Fund and the General Fund.
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
14.12-0232Resolution: Virginia Retirement System Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordance with the 2012 Appropriation Act Item 468(H))
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
15.12-0233Resolution: Virginia Retirement System Member Contributions by Salary Reduction for Counties, Cities, Towns, and Other Political Subdivisions (In accordance with Chapter 822 of the 2012 Acts of Assembly (SB497))
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
16.12-0235Resolution: City of Hampton Concurrence with School Division Electing to Pay the Virginia Retirement System Board-Certified Rate (In accordance with the 2012 Appropriation Act Item 468(H))
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
17.12-0248Resolution Amending Resolution No. 09-0286, Adopted July 8, 2009, Which Authorized The Execution and Delivery of a Master Equipment Lease Purchase Agreement and Related Documents to Increase The Purchase Limit Under That Agreement From $2.3 Million to $7 Million To Finance The Purchase Of Fire Trucks Under The Terms Of The Current Agreement
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
18.12-0210An Ordinance to Amend and Re-enact Article III, Chapter 34 of the Code of the City of Hampton, Virginia Entitled “Encroachments into Public Streets and Other Public Ways, Places or Property” by Amending Section 34-86 Pertaining to Applications to Require Submission to the Public Works Department.
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
19.12-0224Ordinance To Amend And Reenact Chapter 5 "Animals", Of the Code Of The City Of Hampton, Virginia Section 5-42 "Control Of Dangerous And Vicious Dogs; Penalties" To Comply With The State Code Regarding Reporting To The Dangerous Dog Registry And Collection Of Fees Due To The State Veterinarian For The Maintenance Of The Virginia Dangerous Dog Registry.
ACTION: Approved items 5 through 7 and 9 through 19 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
20.12-0216Ordinance to amend and re-enact chapter 3.1 entitled “R-33 District One Family Residence District”, chapter 3.2 entitled “R-22 District One Family Residence District”, chapter 3.3 entitled “R-43 District One Family Residence District” and chapter 3.4 entitled “R-LL District One Family Residence District” of the Zoning Ordinance of the City of Hampton, by deleting sections 3.1-10, 3.2-10, 3.3-10 and 3.4-10 pertaining to administrative corrections.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
21.12-0218Rezoning Application No. 1302-2012 by The Rebkee Partners Aberdeen, LLC to rezone 1.97+ acres on the southwestern corner of the intersection of W. Mercury Boulevard and Aberdeen Road (LRSNs 3003444. 3003445, 3003452, 3003453) from Limited Commercial (C-2) District and One Family Residence (R-11) District to conditional C-2 for a convenience store and gas supply station.
ACTION: Presented by Donald Whipple, Senior Planner. John Yorks, the City of Hampton's Traffic Engineer, also provided information. The applicant's attorney, Lawrence G. Cumming, presented information on behalf of the applicant. He was accompanied by Ted Yost who gave an overview of the WaWa company. A traffic engineer, Carroll Collins, provided information on behalf of the applicant.
ACTION: Held Public Hearing - there were multiple speakers on this item. Following the public hearing, at 9:58 p.m., Mayor Ward took a brief recess.
ACTION: Approved - subject to five (5) proferred conditions.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
Use Permit
22.12-0217Use Permit Application No. 1081-2012 by Bouraee & Heavens, LLC, to have outdoor dining at the Heavens’ Pizza and Tap House restaurant located at 308 Buckroe Avenue (LRSN 12006878).
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Resolutions
23.12-0225Resolution Authorizing The Execution Of A Use Agreement Between The City Of Hampton And Girls, Inc. To Use 4051 Sq. Ft. Of The Y.H. Thomas School Building At 1300 Thomas Street
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Ross A. Kearney, II.
24.12-0226Resolution Authorizing The Execution Of A Use Agreement Between The City Of Hampton And Inspiring Minds To Use 2768 Sq. Ft. Of The Y.H. Thomas School Building At 1300 Thomas Street
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Ross A. Kearney, II.
General Items
Ordinances
25.12-0197Ordinance To Amend And Reenact Chapter 38 Of The Code Of The City Of Hampton Virginia Entitled "Vehicles For Hire", Division 5 Entitled "Fares", Section 38-127, Entitled "General Rates Prescribed; Charging Different Rates" And Section 38-129 Entitled "Charge For Waiting Time" To Increase The Rate Allowed To Be Charged For The First One-Seventh Mile From $1.75 to $2.75, And Increase The Rate For Each Additional One-Seventh Mile From $0.25 To $0.30 and To Repeal Division 7 Entitled "Fuel Surcharge" To Eliminate The $1.00 Fuel Surcharge.
ACTION: Deferred (7/11/2012) - prior to the vote Judy Swystun of Yellow Cab and Moltiyidine Cheikh of American Taxi provided information and responded to questions from members of City Council.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Ross A. Kearney, II.
26.12-0262Motion to Extend Meeting Time Beyond 11 p.m.
ACTION: Moved to extend the meeting beyond 11 p.m.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
27.12-0211Ordinance to Amend and Reenact Chapter 34 of the Code of the City of Hampton, Virginia by Adding a New Article V entitled “Vacation of Public Streets, Alleys, Easements and Other Public Ways” and the Establishment of an Application and Review Fee of $100.00 as Authorized by Code of Virginia §15.2-2007
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Donnie R. Tuck.
28.12-0234Ordinance to amend and reenact Chapter 37 “Taxation”, of the Code of the City of Hampton, Article VII, “Tax on Food and Beverages Sold by Food Establishments” to require food establishments to post a bond and the procedures to be released from the bond requirement.
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Christopher G. Stuart.
Resolutions
29.12-0223Resolution Authorizing the Grant of an Approximately 256 Square Foot Right-of-Way Encroachment Over a Portion of City-Owned Property Known as Locust Avenue, Which Abuts the Property Owned by David E. Ellis and E. Victoria Ellis Located at 913 Chesapeake Avenue (LRSN 1004297)
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
Appointments
30.12-0154to consider appointments to the Hampton Redevelopment and Housing Authority (HRHA)
ACTION: Reappointed Louis Morris for a second term which will expire on June 30, 2016, and appointed Valerie L. Purcell to a term commencing on July 1, 2012, and expiring on June 30, 2016.


MOVER: Vice Mayor George E. Wallace.
31.12-0231to consider appointments to the Planning Commission
ACTION: Appointed Chris Snead as the Council representative to the Planning Commission and Ms. Snead and Vice Mayor Wallace to work with the Clerk of Council to advertise a vacancy on the Planning Commission which occurs in September.

MOVER: Vice Mayor George E. Wallace.
32.12-0242to consider appointments to the Transportation District Commission of Hampton Roads
ACTION: Appointed Councilman Moffett as the ex officio member, and Councilman-Elect W. H. (Billy) Hobbs, Jr. as the alternate.

MOVER: Vice Mayor George E. Wallace.
33.12-0247to consider the appointment of an alternate to the H2O Community Development Authority.
ACTION: Appointed John Ishon to continue the term vacated by Mr. Sanford where Mr. Ishon will serve as an alternate until June 30, 2013.

MOVER: Vice Mayor George E. Wallace.
34.12-0261Resolution of the Hampton City Council Appointing A Member and Alternate Member to the Governing Board of the Transportation District Commission of Hampton Roads Effective July 1, 2012 in Accordance with Section 15.2-4507 of The Code of Virginia
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
Adjournment