Last Publish on 2/21/2012 4:08:05 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, February 08, 2012
7:43 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
INVOCATION - Joseph H. Spencer, II
  The invocation was given by Councilman Spencer.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
CONSENT AGENDA
Consent Items
1.12-0051Approval of Minutes from evening session of May 4, 2011; evening session of November 9, 2011; afternoon session of December 4, 2011; special meeting of December 22, 2011; afternoon session of January 11, 2012; public comment session of January 11, 2012; evening session of January 11, 2012; special meeting of January 25, 2012; and public comment session of January 25, 2012.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
2.11-0294Resolution Setting Forth the Policy for the Use of the City Seal on Electronic and Other Correspondence
ACTION: Deferred Generally

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Christopher G. Stuart.
ACTION: Removed
3.12-0017Resolution Approving FY2012 2nd Quarter Budget Adjustments
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
4.12-0048Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Virginia Department of Criminal Justice Services V-Stop Grant.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
5.12-0054Resolution approving the City of Hampton, Virginia’s participation and appropriation of the 2012 Rescue Squad Assistance Fund Grant submitted through the Office of Emergency Medical Services, Virginia Department of Health to the Hampton Division of Fire & Rescue.
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
6.12-0055Resolution Approving the Vacation of 15' of a 20' Wide Drainage and Utility Easement, Totaling 1,050 Square Feet, More or Less, at 834 Weymouth Terrace (LRSN 4000882).
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
7.12-0056Resolution Approving a Variable Width Water Main Easement to Newport News Waterworks, Approximately 370 Feet in Length (Totaling 4,387 Square Feet), More or Less, for the Exclusive Perpetual Right and Privilege of Locating, Placing, Laying, and Maintaining Water Mains, Pipes, Laterals, and Appurtenances Through, Along, and Under City Property Located at 1304 and 1306 Big Bethel Road (LRSNs 5000034 and 5000035, Respectively)
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
8.12-0062Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2012 Hampton Domestic Violence Community Unified Response Effort (CURE) V-Stop Grant Funding Program through the Hampton Commonwealth's Attorney's Office from the Virginia Department of Criminal Justice Service
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
9.12-0063Resolution Approving the Participation and Appropriation of the 2012 Juvenile Accountability Block Grant through the Hampton Court Services Unit from the Virginia Department of Criminal Justice Services
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
10.12-0064Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY 2011 Port Security Grant through the Virginia Department of Emergency Management
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
11.12-0065Resolution Approving a Utility Easement to Virginia Electric and Power Company (“Dominion Virginia Power”) for a 15’ x 250’ Easement (Totaling 3,750 Square Feet), More or Less, for the Transmission and Distribution of Electric Power to the Little England Cultural Center on City Property Located at 3922 Kecoughtan Road (LRSN 2002877)
ACTION: Approved items 1 and 3 through 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
12.12-0059Rezoning Application No. 1300-2012: Proposal by Renee Riley to rezone approximately 4.09± acres in the Buckroe neighborhood [LRSNs: 12006640 – 12006646, 12006649 – 12006660, and 12006664] from Multiple Dwelling District (MD-2) to the Special Public Interest – Buckroe Bayfront District (SPI-BBD).
ACTION: Presented by Michael Hayes, Senior City Planner. Rezoning Application No. 1300-2012 and Rezoning Application No. 1301-2012 were heard together.
ACTION: Held Public Hearing - Rezoning Application No. 1300-2012 and Rezoning Application No. 1301-2012 were heard together. There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
13.12-0061Rezoning Application No. 1301-2012: Proposal by Walter B. Johnson to rezone approximately 0.17± acre in the Buckroe neighborhood [LRSNs: 12006647 and 12006648] from One Family Residence District (R-9) to the Special Public Interest – Buckroe Bayfront District (SPI-BBD).
ACTION: Presented by Michael Hayes, Senior City Planner. Rezoning Application No. 1300-2012 and Rezoning Application No. 1301-2012 were heard together.
ACTION: Held Public Hearing - Rezoning Application No. 1300-2012 and Rezoning Application No. 1301-2012 were heard together. There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
14.12-0060Ordinance to amend and reenact chapter 2.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Definitions” by amending section 2.1-32 pertaining to the Chesapeake Bay Review Committee and section 2.1-35 pertaining to Coliseum Central Design Review Committee.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Conditional Privilege
15.12-0058Conditional Privilege Application No. 121-2011: Proposal by Together Lives Change, LLC, to operate a Day Care 3 at 2115 Executive Drive, Building 10-D [LRSN 7001340].
ACTION: Presented by David Stromberg, City Planner.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved subject to ten (10) conditions.

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Christopher G. Stuart.
Resolutions
16.12-0057Resolution Authorizing the Granting of a Perpetual, Non-exclusive Landscape Maintenance Easement Over Various Centerline Islands Located at Hampton Roads Center Central and South Campuses Totaling Approximately 66,548 Square Feet Along Butler Farm Road and 90,995 Square Feet Along Enterprise Parkway to the Hampton Roads Center Owners Association, Inc., and Authorizing the Execution and Delivery of the Landscape Maintenance Easement Agreement for the Maintenance of the Aforesaid Centerline Islands.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Will Moffett.
General Items
Ordinances
17.11-0396BY COUNCIL CONSENSUS THIS MATTER HAS BEEN REMOVED FROM THE AGENDA AT THIS TIME - Ordinance To Amend And Reenact Chapter 5 "Animals" Of The Code Of The City Of Hampton Section 5-80 "Care Of Companion Animal Kept On Chain" To Address Tethering; Adequate Space And Time Restrictions.
ACTION: Removed
Appointments
18.12-0039to consider an appointment to the Parks & Recreation Advisory Board
ACTION: Reappointed Donald Van Patten to his first full four year term on the Parks and Recreation Advisory Board which will expire on January 30, 2016.

MOVER: Councilmember Ross A. Kearney, II.
19.12-0067to consider an appointment to the H2O Community Development Authority
ACTION: Deferred Generally

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
ACTION: Removed
20.12-0068to consider an appointment to the Social Services Local Advisory Board
ACTION: Appointed Teesha Carter to fill the unexpired portion of a term on the Social Services Local Advisory Board which expires on June 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
21.12-0069to consider appointments to the Hampton Industrial Development Authority
ACTION: Reappointed Gen. Wallace Arnold and Anne Shuford to four year terms on the Industrial Development Authority which will expire on March 31, 2016.

MOVER: Councilmember Ross A. Kearney, II.
22.12-0070to consider an appointment to the Virginia Peninsula Disability Services Board
ACTION: Reappointed Kim Borum to the Virginia Peninsula Disability Services Board to a term expiring on March 31, 2015.

MOVER: Councilmember Ross A. Kearney, II.
23.12-0071to consider appointments to the Hampton Clean City Commission
ACTION: Reappointed Don Bartlett to his second four year term, reappointed Jamie Osso to his first full term and appointed Jarrett Y. Moore, Tammy R. Trietch, and Melva Woods to their first four year terms commencing immediately and ending on January 31, 2016.

MOVER: Councilmember Ross A. Kearney, II.
  Mayor Ward recognized members of Boy Scout Troop 86 who were attending the meeting. The scouts are sponsored by the Poquoson Ward of the Church of Jesus Christ of Latter Day Saints.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  After seeking the consensus of Council to add an item to the agenda, Councilman Kearney made a motion as reflected by item number 12-0075. He expressed his appreciation to his fellow members of Council and to the staff for their cooperation in this matter.
24.12-0075To avoid demonstrated hardship to a longstanding business citizen of the City, I move that we act tonight to conditionally approve the application to permit encroachment filed on behalf of Woods Orchard to allow replacement of a sign in the City right of way adjacent to the business. The approval requested is conditional in the sense that final approval is subject to the applicant's full compliance with the requirements of Hampton City Code Section 34-86, including the approval by this Council of the terms of an encroachment agreement to be presented for consideration by Council at the work session on February 22, 2012.
ACTION: Adopted on First Reading

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Donnie R. Tuck.
Adjournment
  The meeting adjourned at 7:24 p.m.