Last Publish on 11/10/2011 2:52:07 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 09, 2011
7:05:45 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 - Councilman Ross A. Kearney II
  Councilman Kearney read a selection, You Can't Tell a Vet Just By Looking (author unknown), and lead the Pledge of Allegiance.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward indicated that Councilman Moffett is not at the meeting as he is attending the National League of Cities Conference in Phoenix, Arizona.

Mayor Ward thanked the following legislators for their work and support in successfully having Fort Monroe designated as a National Monument: Hampton City Council, Senator Webb, Senator Warner, Congressman Rigell, Congressman Scott, Congressman Forbes and Congressman Wittman.
CONSENT AGENDA
Consent Items
1.11-0294Resolution Setting Forth the Policy for the Use of the City Seal on Electronic and Other Correspondence
ACTION: Deferred Generally - the motion failed.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Ross A. Kearney, II.
ACTION: Deferred (12/14/2011) - Mayor Ward asked that Councilman Stuart work with Vice Mayor Wallace to see if the resolution can be modified to something agreeable to the entire Council.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Ross A. Kearney, II.
2.11-0350Approval of the minutes from the afternoon session of April 27, 2011, the afternoon session of September 14, 2011, the evening session of September 14, 2011, and the public comment session from October 12, 2011.
ACTION: Approved items 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
3.11-0352Resolution Requesting VDOT to Add the Attached List of New Streets to the State "Principal/Minor Arterial and Collector/Local" Street List on Fort Monroe
ACTION: Approved items 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
4.11-0353Approve Resolution Determining Kaeser Kompressoren, GmbH to be the Only Source Practically Available from which to Procure Parts for Kaeser Drier TE 141 Air Compressors and that the Contract for Procuring Goods and Services Negotiated and Awarded to Kaeser Kompressoren, GmbH as a “Sole Source” Without Competitive Sealed Bidding.
ACTION: Approved items 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.11-0354Resolution Approving FY12 1st Quarterly Budget Adjustments
ACTION: Approved items 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
6.11-0355Resolution Appropriating $1,036,815.00 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 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
7.11-0366Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Award of the Bulletproof Vest Partnership Grant Program through the U.S. Department of Justice
ACTION: Approved items 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
8.11-0367Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2011 Residential Substance Abuse Treatment Grant (RSAT)
ACTION: Approved items 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
9.11-0370Resolution Appropriating Funds from the Hampton History Museum Undesignated Fund Balance for Special Projects and Equipment
ACTION: Approved items 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
10.11-0379Resolution Adopting The Peninsula Multi-Jurisdictional Natural Hazards Mitigation Plan By Adopting The Peninsula Hazard Mitigation 2011 Update As Amended (Community Plan Amendment 018-2011)
ACTION: Approved items 2 - 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
11.11-0371Presentation of Certificate of Excellence in Assessment Administration (CEAA)
ACTION: Presented by Mayor Ward to Brian Gordineer, City Assessor.
PUBLIC HEARINGS
Other Public Hearings
12.11-0368Proposed amendments to the FY09 and FY12 Consolidated Housing and Community Development Action Plan Community Development Block Grant (CDBG) Budgets.
ACTION: Presented by Terry P. O'Neill, Director of Community Development.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
13.11-0363Proposal To Amend And Re-Enact Section 12-91 Of The Code Of The City Of Hampton, “Voting Districts For School Board Members”, To Move The Syms Precinct From The Hampton Roads Voting District To The Chesapeake Bay Voting District Due To Changes In Population Indicated By The 2010 Census And, Therefore, Necessary For Compliance With Applicable Law.
ACTION: Presented by Theresa R. Kyle, Voting Registrar.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Joseph H. Spencer, II.
14.11-0377Waterways Steering Committee Report
ACTION: Presented by Terry P. O'Neill, Director of Community Development. Citizen members of the committee also presented as follows:

Tidal Flooding - Andy Bigelow
Stormwater - Christine Woods
Shoreline Protection - Carole Garrison
Waterway Maintenance & Management - Tom Pantelides

This item is a public hearing item only with no Council action expected at this meeting.
ACTION: Held Public Hearing - Don Redinius spoke about the opportunity the waterways present as an economic driver.
Community Plan Amendment
15.11-0362Hampton Community Plan Update 2011
ACTION: Presented by Terry P. O'Neill, Director of Community Development.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
Rezonings
16.11-0356Ordinance to amend and re-enact chapter 10 of the Zoning Ordinance of the City of Hampton, Virginia entitled “MD Districts—Multiple Dwelling Districts” by amending article IV sections 10-35 through 10-44 pertaining to the MD-4 district.
ACTION: Presented by Jeff Conkle, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
17.11-0357Ordinance to amend and re-enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled “General Provisions” by amending section 18-16 – projections allowed in yards and courts in order to define permissible encroachments of mechanical equipment, such as heating, ventilation, and air conditioning units.
ACTION: Presented by Michael Hayes, City Planner. Council heard items 19, 20 and 21 before resuming the normal order of the agenda with this item.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
18.11-0358Ordinance to amend and re-enact chapter 7 of the Zoning Ordinance of the City of Hampton, Virginia entitled “R-9 District – One family Residence District” by adding a new Chapter 7.1 entitled “R-4 District – One family Residence District”.
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
19.11-0359Rezoning Application No. 1297-2011 by KLS Development, LLC. to rezone a 0.75+ acre on the eastern corner of the intersection of County Street and Mallory Street (LRSN 12001988) from Limited Commercial (C-2) District and Two Family Residence (R-8) District to C-2 with conditions for a commercial building.
ACTION: Presented by Michael Hayes, City Planner. This item was taken out of order just after item #16.
ACTION: Held Public Hearing - Warren Sachs of KLS Development made a presentation. The property owner, Michael T. Haas, also spoke. W. Keith Woodard, the contractor, was available to answer questions about the building facade, windows and doors.

Michael T. Haas, the property owner, spoke during the public hearing.

Darryl Otero spoke in opposition to this rezoning.

Faith Jones spoke on behalf of the Phoebus Improvement League in opposition to this rezoning.

W. R. Deskins, Jr. of Mallory Street Commons spoke about the need for consistent treatment of applicants

Bucky Cope CK NAME stated that Phoebus needs something and shared information he had on hardy board.

Frank J. Ottofaro spoke in favor of the rezoning.
ACTION: Deferred (1/11/2012)

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Councilmember Joseph H. Spencer, II.
20.11-0360Rezoning Application No. 1298-2011 by Lee Hall Plaza, Inc. to rezone 2.45+ acres on the eastern corner of the intersection of E. Mercury Boulevard and Woodland Road (LRSNs 12002647 and a portion of 12002671) from Limited Commercial (C-2) District and C-2 with conditions to C-2 with new conditions for a drug store.
ACTION: Presented by Michael Hayes. This item was taken out of order for the convenience of those signed up to speak.
ACTION: Held Public Hearing - Jason Chinnis was available to respond to questions of Council.
ACTION: Approved - with conditions.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Use Permit
21.11-0361Use Permit Application No. 1074-2011 by Cellco Partnership d/b/a Verizon Wireless to colocate additional antennas on an existing 267’ self supporting communications tower located at 111 Eaton Street (LRSN 2003052).
ACTION: Presented by David Stromberg, City Planner. This item was taken out of order for the convenience of those signed up to speak.
ACTION: Held Public Hearing - Pamela Faber, the attorney representing the applicant, was available for questions of Council.
ACTION: Approved - subject to seven (7) conditions.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
General Items
Appointments
22.11-0323to consider appointments to the Hampton Neighborhood Commission
ACTION: Appointed Nancy Belew, Tina Banks-Gray, Sadie Boone, Alice Callahan, Catherine Winston, Judy Hart, Deborah Roundree-Jones, Dr. Joseph Johnson, Antonio Davis, and Henry Mills to a one year term expiring on September 30, 2012.

MOVER: Councilmember Ross A. Kearney, II.
23.11-0364to consider appointments to the Coliseum Advisory Committee
ACTION: Reappointed Lewis J. Bellinger, Robert A. Boester, and Pamela Lawson for three year terms expiring on November 30, 2014.

MOVER: Councilmember Ross A. Kearney, II.
24.11-0365to consider the Council liaison appointments formerly held by Angela Lee Leary.
ACTION: Appointed Joseph H. Spencer, II to the FEMA Emergency Food and Shelter Program, the Hampton Military Affairs Committee, the Hampton Roads Regional Jail Authority, the Hampton Tourism Advisory Committee, the Office of Human Affairs, and as an alternate to the Peninsula Public Sports Facility Authority. Will Moffett was appointed to the Hampton Clean City Commission and Molly Joseph Ward was appointed as an alternate to the Town and Gown Committee. Christine Woods will continue to be the citizen representative for Councilman Spencer with respect to the Office of Human Affairs.

MOVER: Councilmember Ross A. Kearney, II.
25.11-0372to discuss appointments to the Hampton Federal Area Development Authority
ACTION: Reappointed Wallace C. Arnold and Winfield S. Arnott to four year terms expiring on November 30, 2015.

MOVER: Councilmember Ross A. Kearney, II.
26.11-0373to consider an appointment to the Wetlands Board.
ACTION: Reappointed Leigh Morgan Chapman to a five year term expiring on December 30, 2016.

MOVER: Councilmember Ross A. Kearney, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
Adjournment
  The meeting adjourned at 9:57 p.m.