Last Publish on 6/15/2006 4:09:44 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, June 14, 2006
7:30:26 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
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Joseph H. Spencer, II
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor reminded the citizens about the upcoming meetings concerning Ft. Monroe. The Federal Area Development Authority (FADA) will conduct Fort Monroe Public Planning Workshops at the Hampton Roads Convention Center from July 21 through July 27, 2006.
CONSENT AGENDA
Consent Items - Second Reading
1.06-0215Ordinance to Amend and Re-Enact Chapter 21, Division 2, Residential Parking Permit Program, Section 21-161. Definition.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
2.06-0308An Ordinance to Amend the Code of the City of Hampton, Chapter 37, Article II, Division 6 Entitled, "EXEMPTION OR DEFERRAL FOR ELDERLY AND DISABLED PERSONS" by Amending and Re-enacting Section 37-116, Section 37-118, Section 37-121, Section 37-122, Section 37-123, Section 37-125, Section 37-126, and Section 37-128.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
3.06-0317Ordinance to amend and re-enact Chapter 21, Article II and to repeal Section 21-47.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
4.06-0320An Ordinance of the City of Hampton, Virginia to Set the Extra Refuse or Excess Bulk Collection and Disposal Fee at $250.00 per Truckload.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
Consent Items - First Reading
5.06-0366An Ordinance to Amend and Re-Enact Chapter 2, “ADMINISTRATION”, ARTICLE II, “CITY COUNCIL”, DIVISION 2, “MEETINGS”, SECTION 2-43(6) of the Code of the City of Hampton, Virginia, Entitled, “ORDER OF BUSINESS – REGULAR MEETINGS”, to Add Language Regarding the Manner and Time for Presentations by the General Public
ACTION: Deferred (8/9/2006)
Consent Items - Other
6.06-0327Request for refund of erroneous tax assessments for 2006.
ACTION: Approved - Councilwoman Leary asked that future requests for refunds include a percentage figure of the amount of the abatements and the cost to the citizens.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
7.06-0346Litter Prevention grant appropriations from Solid Waste Fund, General Fund, Parks and Recreation Department, and the Virginia Department of Environmental Quality.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
8.06-0347Grant from the Library of Virginia to offer an early literacy program for parents of preschoolers during the Smart Beginnings Blitz.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
9.06-0349Hampton-Newport News Community Corrections Act and Pretrial Services Act Grant.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
10.06-0350United States Golf Association Matching Grant
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
11.06-0351Virginia State Golf Tee Level Clinic Matching Grant
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
12.06-0378Extension of the Early Intervention for Infants and Toddlers with Disabilities and their Families Contract Part C
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
13.06-0362Electrical Design for Nighttime Illumination of the Fort Wool Flagpole
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
14.06-0364Resolution Authorizing the Execution and Delivery of Amendment No. 1 to Acquisition Fund and Account Control Agreement
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
15.06-0370Resolution Approving the Location and Major Design Features of the Big Bethel Road / Roberta Drive Intersection Improvements Project and the Big Bethel Road / Joynes Road Intersection Improvements Project. Engineering Services Project Numbers 04-001 and 05-007.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
16.06-0352Establish Estimated Revenues and Appropriations for the River Street Park
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
17.06-0360Resolution authorizing the appropriation of $13,000 from the Economic Development Fund to the Industrial Development Authority to extend sanitary sewer and water lines within Hampton Roads Center North Campus along North Campus Parkway.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
18.06-0371Approval of Minutes from the Afternoon and Evening Council Meetings of May 24, 2006.
ACTION: Approved Items 1 through 4 and 7 through 18 on the Consent Agenda. Item 5 was deferred in Council's afternoon session and Item 6 was pulled by Councilwoman Leary.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
PRESENTATIONS, PROCLAMATIONS, AWARDS
19.06-0232Proclaiming June 21, 2006 as "Go Skateboarding Day" in the City of Hampton.
ACTION: Presented by Councilman Randy Gilliland to Mike Monteith of Mike's Surf Shop. Mr. Monteith was accompanied by five members of the skate team: James, Tyler, Jared, Trey and Peter.
20.06-0283Hampton Unites Day
ACTION: Presented by Councilman Turner Spencer to John L. Johnson, Executive Director of the Citizens Unity Commission. Mr. Johnson was accompanied by Rev. Steve Brown, Kim Moser, Bruce Hoogstraten, Pam Verniel, and Mike Yaskowsky.
21.06-0329Parks and Recreation Month Proclamation
ACTION: Presented by Councilwoman Leary to Jim Wilson, Superintendent, Hampton Parks & Recreation.
22.06-0355In Recognition of Analytical Services & Materials, Inc., Named as the U. S. Small Business Administration's 2006 Prime Contractor of the Year.
ACTION: Presented by Vice Mayor Joseph Spencer to Dr. and Mrs. Unnam (Vijaya and Jalaiah) of Analytical Services & Materials, Inc. They were accompanied by Barbara Benson.
23.06-0354In Recognition of Volunteer Service in the City of Hampton
ACTION: Presented by Councilman Sapp to Diane Lemay of Old Point National Bank. Ms. Lemay was accompanied by Ross Mugler, Will Moffett and Michelle Simpson.
24.06-0381Resolution in Recognition of Dr. Turner M. Spencer.
ACTION: Adopted - The resolution was read by Mayor Ross Kearney and was presented to Dr. Turner M. Spencer. A celebration honoring Dr. Spencer is planned for July 29, 2006, at the Hampton Roads Convention Center and the public was invited.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Joseph H. Spencer, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
25.06-0368Public Discussion of the Removal of 'No Parking' Signs from North First Street.
The City Manager indicated that, during the afternoon Council session, Council expressed their desire to leave the 'no parking' signs in place and the City Manager indicated that they will not be removed. Several citizens spoke on this issue.
PUBLIC HEARINGS
Rezonings - First Readings
26.06-0338Zoning Ordinance Text Amendment to Chapter 18, Section 18-5 (“Land Not Zoned”) to include federal- and state-owned land in the reference to land within the city that is currently not zoned.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading

MOVER: Councilmember Turner M. Spencer.
SECONDER: Councilmember Rhet Tignor.
27.06-0356Rezoning Application No.1226 by Rahimi LLC. to rezone 1.31+/- acres at 804 & 806 Aberdeen Road and 1602 Briarfield Road from Neighborhood Commercial District (C-1) and One Family Residence District (R-11) to General Commercial District (C-3) for used car sales.
ACTION: Held Public Hearing
ACTION: Denied

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Joseph H. Spencer, II.
28.06-0330Rezoning Application No.1227 by Robert L. Mallory to rezone 19.71+/- acres on the southern side of Semple Farm Road (LRSN# 5001246) from One Family Residence District (R-13) to One Family Residence District (R-11) with conditions for the construction of up to 23 single-family homes.
ACTION: Held Public Hearing
ACTION: Adopted on First Reading subject to five (5) conditions.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
Use Permit
29.06-0337Use Permit Application No. 1007 by Constance McBryde Breland-Cumbo to allow the operation of a Juvenile Residence-2 for up to five (5) juveniles at 118 Burns Street (LRSN# 1007513).
ACTION: Held Public Hearing
ACTION: Denied

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Vice Mayor Joseph H. Spencer, II.
Comprehensive Plan Amendment
30.06-0357Amendment to the 2004 Downtown Hampton Master Plan to add an eighth initiative area, the Armory District.
ACTION: Held Public Hearing - Jessica Norgren, the City Architect, made a brief presentation.
ACTION: Adopted

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Randall A. Gilliland.
Ordinances - First Readings
31.06-0336An Ordinance of the City of Hampton, Virginia, to set the Tax Rate on Tangible Personal Property, Motor Vehicles Specially Equipped to Provide Transportation for Physically Handicapped Individuals, Machinery and Tools, Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only, and Privately Owned Camping Trailers and Motor Homes as Defined in Section 46.2-100 of the Code of Virginia, in the City of Hampton, Virginia for the calendar year beginning January 1, 2007, and Ending December 31, 2007.
ACTION: Held Public Hearing - Budget Director, Chris Snead, provided information.
ACTION: Adopted on First Reading

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
General Items
Resolutions
32.06-0380Resolution authorizing the appropriation of funds from the General Fund undesignated fund balance to Non-departmental for Explore Hampton 2007.
ACTION: Deferred (7/19/2006)

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Vice Mayor Joseph H. Spencer, II.
Appointments
33.06-0223consider appointments to the Virginia Air & Space Center Board of Directors
ACTION: Reappointed James S. McNider, William M. Grace, and Jesse T. Wallace, Jr. to terms expiring on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
ACTION: Appointed Michael W. Braham to fulfill the unexpired term of Harrol A. Brauer, III which expires on June 30, 2009.

MOVER: Councilmember Rhet Tignor.
34.06-0328consider appointments to the Clean City Commission.
ACTION: Reappointed Shirley Boyd and Shirley Sypolt to their second terms which will conclude on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
ACTION: Appointed Gwendolyn Lee-Lomax to her first term which will conclude on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
35.06-0341consider appointment of Council member to Planning Commission.
ACTION: Appointed Councilman Charles Sapp to a term which expires on June 30, 2008.

MOVER: Councilmember Rhet Tignor.
36.06-0342consider appointment to the Peninsula Stadium Authority.
ACTION: Appointed John P. Vann to a term expiring on June 30, 2008.

MOVER: Councilmember Rhet Tignor.
37.06-0343consider appointment to the Building Code Board of Appeals.
ACTION: Reappointed Donald J. Cleckley to his second term which will expire on June 30, 2011.

MOVER: Councilmember Rhet Tignor.
38.06-0372consider appointment to the Virginia Peninsula Disability Services Board.
ACTION: Appointed Bill Adams to take the place of Brian DeProfio for a one year term to expire on June 30, 2007.

MOVER: Councilmember Rhet Tignor.
39.06-0373consider appointments to the Grievance Board.
ACTION: Reappointed Gaylene Kanoyton to a second term which will expire on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
ACTION: Appointed Lesa C. Clark to her first four year term to expire on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
40.06-0374consider appointments to the Office of Human Affairs.
ACTION: Appointed Mayor Ross Kearney to a four year term which expires on June 30, 2010. Mayor Kearney will be represented by Carmen Taylor. Council also appointed Paige Washington and Rhet Tignor to four year terms which will expire on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
41.06-0313consider appointments to the Purchasing and Procurement Oversight Committee (PPOC).
ACTION: Appointed Councilwoman Angela Leary to her first term which will expire on May 31, 2008.

MOVER: Councilmember Rhet Tignor.
Other Items
42.06-0359Buckroe Master Plan – Public Improvements Phase II
ACTION: Presented by James Freas, City Planner.
ACTION: Moved to authorize the City Manager and staff to proceed with design and construction of Phase II of public improvements recommended in the Buckroe Master Plan.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
43.06-0363A Resolution Authorizing the Execution of An Agreement of Sale For the Purchase of Property known as Otley Road, consisting of 1.24 acres +/-, RPC No. 2002247, from Old Point Trust & Financial Services, NA, Executor of the Estate of Jarnice W. Chapman, deceased and Co-Trustee of the Jarnice W. Chapman Irrevocable Trust dated September 1, 2000 and Talmage D. Wade, Co-Trustee of the Jarnice W. Chapman Irrevocable Trust dated September 1, 2000.
ACTION: Deferred (7/19/2006)

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
Audiences Granted to the General Public
  George Baisley spoke concerning his increased assessment.

Donnie Tuck spoke about considering reconstituting the membership of the Hampton Redevelopment and Housing Authority.

Trish Ferraro spoke expressing her interest in helping to work toward a solution for parking and access to the beach at the north end of First Street.
Miscellaneous New Business
  Councilman Turner M. Spencer thanked the current Council and previous Councils and the City staff for their assistance and support in the past. He thanked the citizens for the opportunity to serve the City and expressed that it has not been work but a great pleasure.

Councilwoman Leary announced Hampton Citizen Appreciation Day on June 24, 2006. She announced that the City's Tax Assessor, Richie McKeithen, will be at the Hampton Public Library to meet the public and answer questions on June 27, 2006. Councilwoman Leary asked for the citizens' prayers on June 29th as she undergoes surgery.
Adjournment