Last Publish on 11/18/2013 1:31:50 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, November 13, 2013
7:02:48 PM
Linda Curtis, W. H. "Billy" Hobbs, Jr., Will Moffett, Chris Snead, Christopher G. Stuart, Donnie R. Tuck, George E. Wallace, Mayor
Staff:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
  The Mayor called the meeting to order at 7:03 p.m.
INVOCATION - Vice Mayor Linda Curtis
  Vice Mayor Curtis gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace read a proclamation naming Saturday, November 30th as Small Business Saturday in the City of Hampton and presented the proclamation to Elizabeth McCoury, Executive Director of the Coliseum Central Business Improvement District and Leonard Sledge, Hampton's Director of Economic Development.
CONSENT AGENDA
Consent Items
1.13-0424Approval of the Minutes from the meetings of September 11, 2013 (afternoon, public comment and evening); September 25, 2013 (morning special, afternoon, spotlight on citizens/public comment, and evening special); October 4, 2013 special meeting, October 9, 2013 (afternoon, public comment, and evening); and October 23, 2013 (spotlight on citizens/public comment and special).
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
2.13-0430Approval of Hampton City Council Meeting Schedule for 2014.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
3.13-0401Resolution Approving Fiscal Year 2014 First Quarter Budget Adjustments
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
4.13-0414Resolution Requesting VDOT to Add the Attached List of New Streets to the State “Principal/Minor Arterial and Collector/Local” Street List
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
5.13-0425Resolution Appropriating Funds from the Hampton History Museum Assigned Fund Balance to be Utilized on Special Projects Contractor
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
6.13-0426Resolution Appropriating $1,197,083.51, Funds Received from Hampton Roads Sanitation District, from the Capital Projects Miscellaneous Revenue Account to the Capital Project Fund for Design and Construction Costs of the North King Street Corridor Improvements
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
7.13-0427Resolution Appropriating Funds from the Air Power Park Museum FY13 Assigned Fund Balance to be Utilized for Special Programs, Materials and Equipment
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
8.13-0428Ordinance To Amend And Reenact Chapter 37 “Taxation” Of The Code Of The City Of Hampton, Article II, “Real Estate Taxes,” Section 37-17.2 “Equalization Of Assessments-Application To Assessor For Hearing”, And Section 37-22 “Right Of Appeal To Board; Deadline For Action On Complete Applications.”
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
9.13-0429Ordinance To Amend Chapter 24 Of The Code Of The City Of Hampton, Virginia By Repealing Section 24-22, Entitled “Lewd And Lascivious Cohabitation”.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
10.13-0434Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the Hampton Clean City Commission from the National Nursing Centers Consortium Vermicomposting Grant.
ACTION: Approved items 1 through 10 on the consent agenda.

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Linda Curtis.
11.13-0437Resolution Authorizing The Acceptance Of A $10,000.00 Gift From The Peter Criscuolo Living Trust Fund For Use By Hampton Parks And Recreation Department
ACTION: Approved - this item was removed at the request of Councilman Stuart so that he could abstain from voting due to a possible conflict of interest.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
12.13-0442Resolution Determining William Finkenstein, WRF Designs, to be the Only Source Practicable from which to Procure Services to Restore and Repair the Hampton Carousel and Authorizing the Negotiation and Execution of a Purchase Contract with William Finkenstein, WRF Designs, as “Sole Source.”
ACTION: Approved - items 13-0442, 13-0443, and 13-0446 were removed at the request of Councilman Tuck. Staff provided additional information prior to the vote.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
13.13-0443Resolution Determining R. A. Newman Organ Company to be the Only Source Practicable from which to Procure Services to Restore and Repair the Hampton Carousel Organ and Authorizing the Negotiation and Execution of a Purchase Contract with R. A. Newman Company as “Sole Source.”
ACTION: Approved - items 13-0442, 13-0443, and 13-0446 were removed at the request of Councilman Tuck. Staff provided additional information prior to the vote.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
14.13-0446Resolution 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 - items 13-0442, 13-0443, and 13-0446 were removed at the request of Councilman Tuck. Staff provided additional information prior to the vote.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Chris Snead.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Use Permit
15.13-0440Use Permit Application No. 1090-2013 by Schaubach Rentals LLP to amend the conditions of previously approved Use Permit No. 1071-2011 and expand the operation of an existing recycling sorting facility at 310 E Street (LRSN 100080).
ACTION: Presented by Mike Hayes, Senior City Planner.
ACTION: Held Public Hearing Angela Bezik spoke in opposition to this use permit and requested a deferral to allow time to speak with the applicant. She was speaking on behalf of Alcan Associates, Copeland Investment Partners, Diamond Hill Properties, Power Mechanical, Inc., SFK Lubrication Systems USA/SKF USA Inc., and TG Morris Enterprise, Inc.

Conway Sheild spoke on behalf of the applicant. The applicant, James Schaubach, was also present but did not speak.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
General Items
Ordinances
16.13-0435Ordinance To Amend and Re-enact Chapter 21 of the Code of the City of Hampton, "Motor Vehicles", Article I, "In General", to Add a New Section 21-18, “Use Of Video-Monitoring Systems To Enforce Law Against Passing Stopped School Buses Authorized."
ACTION: Approved

MOVER: Councilmember W. H. "Billy" Hobbs, Jr..
SECONDER: Councilmember Chris Snead.
17.13-0436Ordinance To Amend And Reenact The Code Of The City Of Hampton, Chapter 27 Entitled "Pawnbrokers; Junk and Secondhand Dealers" And To Add Thereto A New Chapter 27.1 Entitled "Building Fixtures; Scrap Metal Purchasers And Precious Metal Dealers"
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
Appointments
18.13-0431Appointment of Council Members to Various Boards, Commissions and Committees.
ACTION: Appointed Linda Curtis in the place of George Wallace on the Finance Committee until June 30, 2014; George Wallace in the place of Molly Ward on the Hampton Roads Air Quality Control Committee until June 30, 2014; George Wallace in the place of Molly Ward on the Hampton Roads Economic Development Alliance until June 30, 2014; George Wallace in the place of Molly Ward on the Hampton Roads Mayors & Chairs; George Wallace in the place of Molly Ward
on the Hampton Roads Military and Federal Facilities Alliance; George Wallace in the place of Molly Ward on the Hampton Roads Transportation Planning Organization until June 30, 2014; George Wallace in the place of Molly Ward on the Mayor’s Committee for People with Disabilities until June 30, 2014; Chris Stuart in the place of Molly Ward and Will Moffett in the place of George Wallace on the National Aeronautics Support Team until June 30, 2014.

On the Office of Human Affairs, where the designee serves for appointee: Andy Clary serving for Billy Hobbs, Martin Cross serving for George Wallace, Diana Hughes serving for Chris Snead, and Brian Jackson serving for Chris Stuart, all until June 30, 2014.

With respect to the Peninsula Airport Commission, appointed George Wallace until June 30, 2014; and George Wallace in the place of Molly Ward on Peninsula Mayors & Chairs; Linda Curtis in the place of George Ward on the Purchasing and Procurement Oversight Committee until June 30, 2014; and Chris Snead in the place of George Wallace on Virginia First Cities until June 30, 2016.

MOVER: Councilmember Linda Curtis.
19.13-0432to consider an appointment to the Grievance Panel.
ACTION: Appointed Bob Kochan until June 30, 2017.

MOVER: Councilmember Linda Curtis.
20.13-0433to consider an appointment to the Virginia Alcohol Safety Action Program (VASAP)
ACTION: Deferred (12/11/2013)

MOVER: Councilmember Chris Snead.
SECONDER: Councilmember Christopher G. Stuart.
21.13-0447to consider an appointment to the Hampton Federal Area Development Authority.
ACTION: Reappointed Susan Rotkis until November 30, 2017.

MOVER: Councilmember Linda Curtis.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Councilman Tuck inquired about when the demolition of buildings on the Virginia School property would take place. The City Manager responded that we are awaiting various permitting issues. Councilman Tuck inquired about the cost of security and the Manager responded that she would get this information to him.

Councilman Tuck also inquired if the City of Hampton 'bans the box' (no longer asks questions about applicant's criminal history). The City Attorney responded that the question is a part of the application process with the caveat that is typically accepted in federal law, that a positive answer to that question is not necessarily a bar to employment. Other relevant factors are considered. While Hampton hasn't 'banned the box', we have qualified its use.
Adjournment
  The meeting adjourned at 7:51 p.m.