Last Publish on 9/3/2014 10:11:46 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, August 13, 2014
7:09:56 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Teresa V. Schmidt, Chris Snead, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
  Mayor Wallace called the meeting to order at 7:12 p.m. All members of City Council were present at roll call.
INVOCATION - Councilman Billy Hobbs
  Councilman Hobbs gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace asked the City Manager to explain the upcoming State of the City address being hosted by the Virginia Peninsula Chamber of Commerce. This is an event sponsored by the Virginia Peninsula Chamber of Commerce and there is a fee for the luncheon but this is to cover the cost of the luncheon and is handled entirely by the Chamber. The City plans to tape and rebroadcast the Mayor's comments so that is it available to citizens at no charge.
CONSENT AGENDA
Consent Items
1.14-0319Approval of the minutes from the afternoon meeting of May 14, 2014, the special meeting (Oaths of Office), special meeting (Spotlight on Citizens - All America City), public comment session, and evening meeting of July 9, 2014, and from the special meeting (Retreat) on July 16, 2014.
ACTION: Approved items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
2.14-0317Resolution accepting the donation of computer equipment totaling $6,197.28 donated from the Virginia Port Authority for use by our Dive Team.
ACTION: Approved items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
3.14-0322Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2014-2015 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 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
4.14-0323Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2014-2015 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 items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
5.14-0325Resolution to Approve and Appropriate Funds Awarded to Hampton Division of Fire & Rescue from the Financial Assistance for Emergency Medical Services Grant Program known as the Rescue Squad Assistance Fund Grant (RSAF) to Purchase Nine (9) King Vision Laryngoscopes Kits and Two (2) Lucas 2 Chest Compression Systems.
ACTION: Approved items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
6.14-0326Resolution Determining Alvean Lyons, Inc. To Be The Only Source Practicably Available From Which To Procure Families Forward Resources And Services And Authorizing The Negotiation And Execution Of A Purchase Contract With Alvean Lyons, Inc. As "Sole Source”
ACTION: Approved - this item was removed from the consent agenda at the request of Councilman Tuck. He expressed his respect for Ms. Lyons but also indicated there are others in the community who might do similar things if they also had grant funding. He suggests this amount be reduced and the savings be used for others to spread out what we do.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Chris Snead.
7.14-0328Resolution to Approve and Appropriate 2015 Fire Programs Aid to Localities Funds from the Commonwealth of Virginia--Department of Fire Programs.
ACTION: Approved items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
8.14-0329Resolution to Approve and Appropriate Funding Over the Full Amount of the 2014 Fire Programs Aid to Localities Funds from the Commonwealth of Virginia--Department of Fire Programs.
ACTION: Approved items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
9.14-0330Resolution Approving the Appropriation of Additional Funds to the Capital Projects Fund for a VDOT HSIP Project at LaSalle Avenue and Queen Street
ACTION: Approved items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
10.14-0331Re-adoption of the City of Hampton, Virginia’s Emergency Operations Plan (EOP)
ACTION: Approved items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
11.14-0338Request for Refund for Tax Year 2014
ACTION: Approved items 1 - 5 and 7 - 11 on the consent agenda.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
12.14-0343Resolution Approving Fiscal Year 2014 Fourth Quarter Budget Adjustments
ACTION: Approved - this item was removed from the consent agenda by Councilman Tuck who asked questions about the educator in residence. The City Manager responded to his inquiry.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Use Permit
13.14-0333Use Permit Application No. 14-00011: Proposal by Denise Gibson, to operate a Day Care 3 for approximately 60 children at 918 Big Bethel Road [LRSN 4001444].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - the property owner, Susan Wolf, spoke.
ACTION: Approved subject to ten (10) conditions.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
14.14-0334Use Permit Application No. 14-00013: Proposal by Ben Johnson DBA Skin Deep, Inc. to operate a tattoo parlor at 1531 E. Pembroke [LRSN 12003420].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved subject to seven (7) conditions.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Teresa V. Schmidt.
Ordinances
15.14-0341Ordinance to Amend and Reenact Chapter 35 of the City Code of the City of Hampton, Virginia by Amending: Section 35-11 of Article I Entitled “In General,” To Establish Fees for Review of Single Submission Subdivision Plats as Authorized by Va. Code § 15.2-2241.A.9; Sections 35-21 and 35-27 of Article II Entitled, “Preliminary Plat – Procedures,” Pertaining to Mandatory and Optional Preliminary Subdivision Plats and Effect of Approval; Sections 35-41, 35-43, and 35-50 of Article III Entitled, “Final Plat,” Pertaining to When Final Plats are Required, Contents of a Final Plat, and Effect of Approval; and Section 35-101 of Article V Entitled, “Development Plans – Requirements, Procedures for Permitting and Performance Assurances,” Pertaining to When Development Plans are Required.
ACTION: Presented by the City Attorney, Vanessa Valldejuli.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved as amended - the City Attorney provided Council with a corrected version of the ordinance and the Clerk has been provided an electronic version.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
16.14-0342Ordinance to Amend and Reenact Chapter 2 Entitled, “Definitions,” and Chapter 2.1 Entitled, “Uses Permitted,” of the Zoning Ordinance of the City of Hampton, Virginia By Amending Sections 2-2 and 2.1-2 Pertaining to Extended Stay Establishments and Hotels.
ACTION: Presented
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Teresa V. Schmidt.
General Items
Ordinances
17.14-0324An Ordinance to Amend and Reenact Chapter 9, Article VIII of the Code of the City of Hampton Entitled “Identification and Inspection of Rental Dwelling Units” by Amending Secs. 9-251 Pertaining to Notification, 9-252 Pertaining to Inspections and 9-268 Pertaining to Penalties
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Chris Snead.
18.14-0327Ordinance to Amend and Re-Enact Chapter 2, Division 2 of the Code of the City of Hampton Entitled “Meetings” by Amending Secs. 2-36 and 2-43 Pertaining to Council Meetings and Deleting Sec. 2-45.1 Pertaining to Citizen Comment at Public Comment Periods
ACTION: Moved to approve with the exception of the proposed change to the public comment period. The motion died for lack of a second.

MOVER: Councilmember Donnie R. Tuck.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
19.14-0346Ordinance to Amend and Re-Enact Chapter 37, Article II of the Code of the City of Hampton Entitled “Real Estate Taxes” by Amending Division 6, Sections 37-123 and 37-125 Pertaining to Certain Qualified Elderly and Disabled Persons Grandfathered Under the Prior Tax Exemption Program.
ACTION: Moved to grandfather all with an exemption as of July, 2013. The motion died for the lack of a second.

MOVER: Councilmember Donnie R. Tuck.
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Will Moffett.
Resolutions
20.14-0321Resolution Approving the Amendment and Restatement of each of the Creation Agreement and Service Agreement of the Hampton Roads Regional Jail Authority
ACTION: Approved

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
21.14-0332Resolution Approving a Governor’s Development Opportunity Fund Performance Agreement by and Among the City of Hampton, Virginia (the “City”), the Economic Development Authority of the City of Hampton (the “Authority”), The Fort Monroe Authority (“FMA”) and Liberty Source PBC, a Delaware Public Benefit Corporation (Doing Business in Virginia as Liberty Source PBC Corp.) (“Liberty”) and Transferring Proceeds Received From the Governor’s Development Opportunity Fund Grant to the Authority
ACTION: Approved - Leonard Sledge, Director of Economic Development, shared information on Liberty Source, PBC and their decision to locate at Fort Monroe. In FY-2014, the City of Hampton has attracted 998 new jobs.

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
Appointments
22.14-0241to consider appointments to the 1619 Commission
ACTION: Deferred Generally

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Linda Curtis.
23.14-0340to consider an appointment to the Peninsula Town Center Community Development Authority
ACTION: Appointed Brian DeProfio in the place of Jesse Wallace.

MOVER: Councilmember Linda Curtis.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
24.14-0320Briefing at the one year mark after Council approved addition of Chapter 5, Animals, Article II, Agricultural Animals, Section 5.24.1 Location and Maintenance of Domestic Chickens Generally.
ACTION: Presented by Mary Bunting, City Manager. No changes are recommended at this time by staff. Vice Mayor Curtis asked that staff bring back an amendment increasing the number of chickens allowed to six.
25.14-0335Briefing on Ordinance Amendments Pertaining Pertaining to Construction Requirements for New Construction and Substantial Improvements for Properties Located Within Flood Zone Districts
ACTION: Presented by David Stromberg, Senior Zoning Official.
Miscellaneous New Business
26.14-0246to consider the appointment of council liaisons to various Boards, Commissions and Committees.
ACTION: Deferred (9/10/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
  Councilman Moffett reminded people that school supplies will be provided to students in Title I schools whose parents participate in two workshops. This will take place at Y. H. Thomas on August 16, 2014, from 10 a.m. to 3 p.m.

Mayor Wallace recognized Boy Scouts who were in attendance at tonight's Council meeting.
Adjournment
  The meeting adjourned t 8:25 p.m.