Last Publish on 8/10/2006 2:00:03 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, August 09, 2006
7:27:36 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, 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 - Paige V. Washington, Jr.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor spoke briefly about Council's meeting with Hampton's General Assembly delegation which took place on August 8th.

The Mayor acknowledged that soon 6,300 students will be coming to Hampton University from all over the country and the world. On behalf of the citizens and the Council, the Mayor welcomed the students.

CONSENT AGENDA
Consent Items - Second Reading
1.06-0421An Ordinance to Amend and Re-Enact Chapter 14 of the Code of the City of Hampton, Entitled, "FIRE PREVENTION AND PROTECTION", ARTICLE II, "FIRE PREVENTION CODE", SECTION 14-26 to Adopt the Current Statewide Fire Prevention Code and Selected Appendices.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Consent Items - First Reading
2.06-0439Resolution approving FY06 Year End Budget Adjustments.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
3.06-0442Resolution authorizing the Hampton Redevelopment & Housing Authority to use the FY2007 Capital Budget Funds appropriated for Neighborhood Blighted Property Acquisition for property which the City designates and at the discretion of the City Manager.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
4.06-0443Vacation Agreement between the City of Hampton, Virginia and Forest Properties, LLC.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
5.06-0444Hampton Roads Metropolitan Medical Response System Grant Fund
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
6.06-0447Designation of MSC Equipment as the only source practically available for parts and repair services for Johnson Street Sweeping Equipment.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
7.06-0448Designation of Coastal Equipment as the only source practically available for parts and repair service for John Deere equipment.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
8.06-0449Comprehensive Services Act for At-Risk Youth and Families Grant
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
9.06-0450Homeless Intervention Program Grant submitted by Hampton Department of Social Services.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
10.06-0452Hampton Victim-Witness Assistance Program Grant
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
11.06-0453Authorization to submit the FY 2006-2007 Hampton-Newport News Community Services Board Performance Contract to the State
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
12.06-0454Byrne Memorial/Community Oriented Justice Grant
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
13.06-0464Approval of Minutes from the Morning, Afternoon and Evening Council Meetings of July 19, 2006.
ACTION: Approved items 1 - 13 on the consent agenda.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
14.06-0431Presentation of Proclamation declaring April 26, 2006, to April 26, 2007, as the Year of Regional Citizenship.
ACTION: Council was to receive the proclamation, however a representative of the Hampton Roads Partnership was not available at the meeting.
15.06-0440Proclamation In Recognition of Lockwood Brothers as a Sponsor of the Hampton Cup Regatta
ACTION: Presented by Councilman Sapp to representatives of Lockwood Brothers, the Virginia Power Boat Association and the Hampton Cup Regatta Committee.
16.06-0451Sister Cities International 50th Anniversary Local Government Leadership Circle Recognition
ACTION: Presented by Pam Brandon, Project Coordinator, to Senator Mamie E. Locke; former city manager George E. Wallace; Councilman Paige V. Washington, Jr., and Vice Mayor Randall A. Gilliland. Following the presentation, Councilman Washington made brief remarks in support of Hampton continuing with the Sister Cities programs.
17.06-0455Proclaiming September 11, 2006, as Walk for Freedom Day in Hampton.
ACTION: Presented by Councilman Washington to General Alvin Bryant and other representatives of Hampton's Military Affairs Committee.
18.06-0458Proclaiming September 11, 2006, as a Day of Rememberance and Hope.
ACTION: Presented by Councilwoman Leary to various City employees who have served in the War on Terror or who have a family member deployed in connection with the War on Terror.
19.06-0459Designated Donation to the City’s Parks and Recreation Department to assist in the improvement and upkeep of Ridgway Park.
ACTION: Adopted a resolution accepting a donation from Patricia A. Melochick and Kenny Richardson, representative members of the Virginia Peninsula Chamber of Commerce Leadership Institute Class of 2004.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
20.06-0432Newmarket Creek Park and Trail System-Project Briefing
ACTION: Presented by Donald A. Whipple, Senior Planner.
21.06-0438Annual Report of the Hampton Youth Commission
ACTION: Presented by Will Bane and Gregory Harrison, representatives of the Hampton Youth Commission.
PUBLIC HEARINGS
Rezonings - Second Reading
22.06-0408Rezoning Application No. 1228-A by the City of Hampton to rezone residentially used and Hampton Redevelopment Housing Authority vacant properties within the Kecoughtan Road Corridor, beginning at the Newport News city line and ending at the Wythe Fire Station, and extending into the neighborhood an average of 250± feet on either side of the Kecoughtan Road right of way from Neighborhood Commercial District (C-1) to One-Family Residence District (R-11).
ACTION: Adopted

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
23.06-0437Rezoning Application No. 1229 by John Nestel of Peach Properties LLC to rezone a 0.5+/- acre parcel at 724 River Street from One Family Residence District (R-11) to Multi-Dwelling District (MD-4) with conditions to facilitate the conversion of a legal non-conforming apartment building into a conforming 12-unit condominium project.
ACTION: Held Public Hearing
ACTION: Denied

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
Conditional Privilege
24.06-0436Conditional Privilege Application No. 86 by F. Michael Martin of Riverside Health Systems to allow an adult day care facility at 4113 West Mercury Boulevard. The property is zoned Limited Commercial (C-2) which allows Day Care-3 with a Conditional Privilege.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
25.06-0446Resolution Authorizing Acquisition by Condemnation or Negotiation of Property for Right-of-Way Improvements of the Armistead Avenue Connector, Phase IB.
ACTION: Held Public Hearing
ACTION: Adopted

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
General Items
Ordinances
26.06-0366An Ordinance to Amend and Re-Enact Chapter 2, “Administration”, Article II, “City Council”, Division 2, “Meetings”, Section 2-43 of the Code of the City of Hampton, Virginia, entitled, “Order of Business – Regular Meetings.”
ACTION: Approved on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Charles N. Sapp.
27.06-0411Ordinance to Amend and Reenact Chapter 37, Article II, Division I of the Code of the City of Hampton entitled "Real Estate Taxes, Generally", by adding thereto a New Section 37-31 entitled "Surplus Proceeds Paid to the City from Delinquent Real Estate Tax Sales".
ACTION: Moved to approve this ordinance as submitted by staff this evening and further move that we waive second reading as permitted by City Code Section 2-81.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
28.06-0420An Ordinance to Amend Chapter 21, Article IX of the Code of the City of Hampton Entitled, "OPERATION OF GOLF CARTS" by Adding Thereto a New Section 21-221 Entitled, "PUBLIC HIGHWAYS DESIGNATED FOR GOLF CART USE"
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Rhet Tignor.
Appointments
29.06-0379consider appointments to the Hampton Arts Commission.
ACTION: Appointed Councilwoman Leary in the place of Dr. Turner M. Spencer to serve as an alternate to Councilman Joseph H. Spencer, Jr.; appointed George M. Ware to fill the unexpired term of Gerome Meminger, Sr. which will expire on June 30, 2008; appointed Ann Marie Batten, Shar Wolff, and Patsy M. Hollingsworth to terms to expire on June 30, 2009. There remains one additional citizen appointment to be made for a term to expire on June 30, 2009.

MOVER: Councilmember Rhet Tignor.
30.06-0445consider an appointment to the Peninsula Agency on Aging, Inc.
ACTION: Appointed Dr. Marty Tenille to a three year term to begin on October 1, 2006, and to expire on September 30, 2009.

MOVER: Councilmember Rhet Tignor.
31.06-0460consider an appointment of a member of Council to the Board of Directors of Virginia First Cities.
ACTION: Appointed Councilman Joseph H. Spencer, Jr.

MOVER: Councilmember Rhet Tignor.
32.06-0462consider an appointment to the Greater Peninsula Workforce Development Consortium.
ACTION: Appointed Councilman Paige V. Washington, Jr. to the Greater Peninsula Workforce Development Consortium. He will also serve as Hampton's representative to the Peninsula Council for Workforce Development which is more commonly known as the "Workforce Investment Board."

MOVER: Councilmember Rhet Tignor.
33.06-0463consider an appointment of a Council liaison to the Hampton Clean City Commission.
ACTION: Appointed Councilman Tignor to a two year term commencing immediately and expiring on June 30, 2008.

MOVER: Councilmember Rhet Tignor.
34.06-0465consider appointments to the Social Services Local Advisory Board.
ACTION: Appointed Jacqueline R. Tate to a term commencing on September 1, 2006, and ending on August 31, 2010.

MOVER: Councilmember Rhet Tignor.
ACTION: Reappointed Erica J. Woods-Warrior to a term commencing on September 1, 2006, and ending on August 31, 2010.

MOVER: Councilmember Rhet Tignor.
35.06-0466consider appointments to the Hampton Roads Planning District Commission.
ACTION: Reappointed Mayor Kearney and Vice Mayor Gilliland as representatives to the Hampton Roads Planning District Commission to serve a two year term which concludes on June 30, 2008.

MOVER: Councilmember Rhet Tignor.
36.06-0467consider appointment of an alternate to the Hampton Roads Tunnels Advisory Committee.
ACTION: Appointed Mayor Kearney as Hampton's representative to this body with Councilman Sapp serving as the alternate.

MOVER: Councilmember Rhet Tignor.
37.06-0468consider appointments to the National Aeronautics Support Team.
ACTION: Reappointed Councilman Sapp and Councilman Spencer with Mayor Kearney serving as their alternate.

MOVER: Councilmember Rhet Tignor.
38.06-0469consider an appointment to Town and Gown committee.
ACTION: Appointed Councilman Washington to serve as Hampton's representative with Councilman Spencer serving as his alternate.

MOVER: Councilmember Rhet Tignor.
39.06-0470consider an appointment to the Virginia Living Museum.
ACTION: Reappointed Vice Mayor Gilliland.

MOVER: Councilmember Rhet Tignor.
Other Items
40.06-0363A 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: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
41.06-0428Proposed acquisition of property, known as 605 & 607 Bassett Street, from James A. Crocker, Jr.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
42.06-0461Proposed acquisition of property, known as 224 Otley Road, from Timothy and Carolyn Gowins.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
Audiences Granted to the General Public
  Stephen Neel spoke on the parking issue at the north end of Buckroe Beach.

Sandra Canepa expressed her appreciation for Hampton hiring a park design firm to develop different options for the Buckroe Beach bayfront.

Dave Braunbeck expressed his concerns about some City sidewalks not being in a condition to be used by handicapped individuals, particularly in the East Pembroke area.

Earl Gerringer spoke on boat taxes and dredging and asked for a response regarding why the costs of dredging should be placed on homeowners instead of on boat owners.

Sandra Kay spoke about the increase in her real estate taxes.

Frank J. Ottafaro spoke about the taking of his property on Pine Chapel Road and on various safety issues he has identified in Hampton.
Miscellaneous New Business
  Councilwoman Leary thanked Gen. John McGowan for sending the information regarding Officer's Row in Vancouver, Washington for use by the Military Affairs Committee.

She also indicated that she hopes the citizens of Hampton will participate in the Day of Rememberance and Hope on September 11, 2006, beginning at 8 a.m. at Gosnold's Hope Park.
Adjournment