Last Publish on 9/29/2006 3:57:46 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, September 27, 2006
7:24:33 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 - Angela Lee Leary
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor reminded citizens of the upcoming Buckroe Beach Public Planning Sessions which are scheduled to take place on October 3 and 4, 2006, from 6 p.m. until 9 p.m. at the Ruppert Sargent Building.
CONSENT AGENDA
Consent Items - First Reading
1.06-0548Resolution approving and appropriating donations made to the Hampton Division of Fire and Rescue during FY 05-06.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
2.06-0553A Resolution Appropriating Funds for Uncompleted Capital Projects Funded with General Funds, Stormwater Funds and Economic Development Funds.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
3.06-0549Resolution Accepting a Donation to Hampton Clean City Commission's 'Keep Hampton Green Fund.’
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
4.06-0559Resolution Adopting the Proposed Peninsula Multi-Jurisdictional Natural Hazards Mitigation Plan as it applies to the City of Hampton.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
5.06-0526Sole source request authorizing the Commonwealth's Attorney to contract professional services from Donald W. David, M.D., of Expert Digital Solutions, Inc.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
6.06-0538Approval of Council Meeting Schedule for November and December, 2006 and for 2007.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
7.06-0542Approval of a Vacation Agreement Between the City of Hampton, Virginia and Sandler at Coliseum Central, L.L.C.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
8.06-0550License Agreement between the City of Hampton, Sentara Hospitals d/b/a Sentara Careplex Hospitals and OPACC I, LLC.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
9.06-0551Contract agreement between the City of Hampton and the Hampton Redevelopment & Housing Authority
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
10.06-0552Contract agreement between the City of Hampton and the Phoebus Improvement League.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
11.06-0554Resolution designating ADT Security Services Inc. as the only source practically available for maintenance, monitoring, and inspection of the burglar system provided by ADT at the Charles H. Taylor Arts Center.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
12.06-0555Approval of minutes from afternoon and evening session of Council on Wednesday, September 13, 2006.
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
13.06-0543Resolution to Authorize the Execution of a Declaration of Restriction Covenants Over a Portion of Newmarket Creek at Air Power Park to Protect and Preserve a Wetlands Mitigation Site
ACTION: Approved items 1 through 13 on the consent agenda.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
14.06-0476In Recognition of James "Rudy" Carter
ACTION: Presented by Councilman Washington to James "Rudy" Carter.
15.06-0481Proclaiming October 14, 2006 as Tuskegee Airmen Day in the City of Hampton in Recognition of the Tidewater Chapter of Tuskegee Airmen, Inc. Legacy Airmen.
ACTION: Presented by Councilman Sapp to CMSgt Grant Williams, Sr. (Retired), SMSgt Emmett Hayes (Retired), MSgt Ezra Hill (Retired), Mr. Utha Knox, Mr. Harry Quinton and other representatives of the Tuskegee Airmen.
16.06-0485Proclaiming October 12, 2006 as Lights on Afterschool! Day.
ACTION: Presented by Councilwoman Leary to Gwyn Lee Lomax.
17.06-0534Proclamation Proclaiming September 2006 as Alcohol and Drug Addiction Recovery Month.
ACTION: Presented by Vice Mayor Gilliland to Dr. Douglas Miller, Professor, Hampton University.
18.06-0536Fire Prevention Week Proclamation for 2006
ACTION: Presented by Councilman Spencer to Chief James Gray and Battalion Chief Anne-Marie Loughran, Hampton Fire Division.
19.06-0539Joint Proclamation Proclaiming October 18, 2006 as Senior Awareness Day on the the Virginia Peninsula.
ACTION: Presented by Councilman Tignor.
20.06-0571Proclamation Proclaiming October 2-6, 2006, as Customer Service Week in the City of Hampton, Virginia.
ACTION: Presented by Mayor Ross A. Kearney, II to Jesse T. Wallace, Jr., City Manager.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
21.06-0537Request to Address Council on the Topic of City Decals.
ACTION: Presented by Delegate Tom Gear.
22.06-0541Annual Report of the Neighborhood Commission
ACTION: Presented by Jack Hall, Regina Mays, Tammy Hopson, Sadie Brown , Phil Egert, Jo Obeck, Olive Johnston, Moses Meadows, Gloria Greene, Katherine Fox, Brandon Hull, Betty Bates, Dr. Warthell Brown-Iles, Sam Martin, Rick Routten, Lydia Arrington, Deanna Sheppard, Sandra Pugh, Fred McKenna, Starlyn Kelly, Kiara Corbin, Roosevelt Wilson, Shellae Blackwell, and Will Moffett.


23.06-0558Presentation on options for addressing Newmarket Creek flooding concerns
ACTION: Presented by Ted Henifin, Director of Public Works. James Gray, Fire Chief, also provided information.
PUBLIC HEARINGS
Rezonings - Second Reading
24.06-0511Rezoning Application No.1232 by Renee Riley and Nell Denby to rezone 4.6+/- acres roughly bounded by South 1st Street to the north, Seaboard Avenue to the east, Bay Shore Lane to the south, and Atlantic Avenue to the west from Multiple Residence (R-M) District and One-Family Residence (R-13) District to Multiple Dwelling (MD-2) District for multi-family residences.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
25.06-0510Rezoning Application No. 1233 by the City of Hampton to rezone ten parcels totaling 3.6+/- acres within the Park Place neighborhood from Light Manufacturing District (M-2) to One-Family Residence District (R-9).
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
26.06-0509Rezoning Application No.1223 by Platinum Homes, Corp. to rezone approximately 5 parcels totalling 2.81+/- acres at 701 Aberdeen Road from Neighborhood Commercial (C-1) District and Limited Commercial (C-2) District to Limited Commercial (C-2) District with conditions.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Angela Lee Leary.
27.06-0505Rezoning Application No.1224-C by the City of Hampton to rezone 15.92+/- acres (Part 1) in Buckroe from Multiple Residence (R-M) District to One Family Residence (R-9) District and 5.92+/- acres (Part 2) from R-M to Multiple Dwelling (MD-4) District.
ACTION: Held Public Hearing
ACTION: Moved to approve Rezoning application #1224-C with the exclusion of the properties which were covered in agenda number 23 (Rezoning application #1232) as follow: 186 and 190 Atlantic Avenue, 706 and 710 Bay Shore Lane, and LRSN numbers 12006640, 12006641, 12006642, 12006643, 12006644, 12006645, 12006646,
12006651, 12006652, 12006653, 12006654, 12006656, 12006657, and 12006659.


MOVER: Councilmember Charles N. Sapp.
SECONDER: Vice Mayor Randall A. Gilliland.
Resolutions - First Reading
28.06-0546Resolution Authorizing the Donation of Approximately 3.0395 Acres of Real Property at 8110 Orcutt Avenue to the Hampton Roads Chapter of the American National Red Cross and the Execution and Delivery of the Development Agreement between the City and the American National Red Cross.
ACTION: Held Public Hearing
ACTION: Deferred (10/11/2006)

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
29.06-0547Resolution Authorizing the Transfer of 3.7 Acres of Real Property at Armistead Pointe to the Industrial Development Authority, and the Execution of the Development Agreement, Ground Lease, Cooperation Agreement and Use Agreement for the Boo Williams Amateur Sports Facility on Armistead Pointe.
ACTION: Held Public Hearing
ACTION: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
30.06-0544Resolution to Authorize the Execution of a Temporary Easement Agreement Granting Two Temporary Easements to Sandler at Coliseum Central, LLC on a portion of Newmarket Creek at Air Power Park
ACTION: Held Public Hearing
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
31.06-0528Proposed VDOT Transportation Enhancement Project - Newmarket Creek Park and Trail/Pine Chapel road Segment, Engineering Services #07-029.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
32.06-0540Public Hearing to review Community Development Block Grant (CDBG) and HOME Program performance and to obtain the views of citizens on housing and community development needs in the City of Hampton
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
General Items
Ordinances
33.06-0495Ordinance 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 37-123. Amount of Exemption.
ACTION: Adopted on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
Appointments
34.06-0484consider an appointment to the Social Services Local Advisory Board.
ACTION: Appointed Woodrow Anthony Roeback to a term to expire on August 31, 2010.

MOVER: Councilmember Rhet Tignor.
35.06-0531consider appointments to the Neighborhood Commission.
ACTION: Appointed Alice Callahan to fill the remainder of Amy Hobb's term as District 6 Neighborhood Commissioner (10/01/2006 - 9/30/2007); Hirang Patel to a four year term as an Institutional Representative - Business(10/01/2006 - 9/30/2010); Edward Novi to a two year term as a City Representative (10/01/2006 - 9/30/2008); Crystal Harper to a two year term as a Youth Representative (10/01/2006 - 9/30/2008); and Kiara Joseph-Majors to a one year term as a City Representative (10/01/2006 - 9/30/2007).


MOVER: Councilmember Rhet Tignor.
36.06-0535consider an appointment to Hampton Parks and Recreation Advisory Board
ACTION: Appointed Michael Bock to fill a youth seat on the Board which was vacated by Tom Mitchell, Jr.



MOVER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
Miscellaneous New Business
  The Mayor indicated that the contract with the City Manager was renewed for one year and the Clerk's performance review was also completed. The Mayor also sent good wishes to Frank H. Ottofaro, Sr., who has been ill recently.
Adjournment