Last Publish on 6/13/2014 12:53:03 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, June 11, 2014
7:02:30 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
Vanessa T. Valldejuli, City Attorney
Katherine K. Glass, CMC, Clerk of Council
not set, not set

CALL TO ORDER/ROLL CALL
  Mayor Wallace called the meeting to order at 7:04 p.m. All members of City Council were present.
INVOCATION - Vice Mayor Curtis
  The invocation and Pledge of Allegiance was given by Vice Mayor Curtis.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Wallace deviated from the agenda to read Resolution #14-0276 - a Resolution in Recognition of Councilman Christopher G. Stuart on the occasion of his last meeting as a member of the Hampton City Council.

Councilman Stuart gave brief remarks following the presentation of the resolution.

Mayor Wallace also shared that there was a presentation in the afternoon work session on the reasons for various economic development initiatives that bears repeating, in an abbreviated fashion, for the evening meeting. James A. "Pete" Peterson, Assistant City Manager, and Leonard Sledge, Director of Economic Development, gave the presentation.
CONSENT AGENDA
Consent Items
1.14-0224Approval of the minutes from the Hampton City Council public comment period of April 9, 2014, the special meeting (evening) of May 7, 2014,
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
2.14-0247Ordinance to Amend and Reenact Chapter 13.1 of the City Code of the City of Hampton, Virginia Entitled “Land Disturbing Operations,” by Amending Section 13.1-6, Permit Application and Fee, to Comply with Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management Ordinance”
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
3.14-0248Ordinance to Amend and Reenact Chapter 33.2 of the City Code of the City of Hampton, Virginia Entitled “Stormwater Management Ordinance,” by Amending Section 33.2-4, Definitions; Section 33.2-8, Exemptions; and Section 33.2-13, Technical Criteria for Regulated Land-Disturbing Activities
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
4.14-0265Resolution Authorizing the Amendment to Article III Of The Articles of Incorporation of the Peninsula Town Center Community Development Authority Entitled, “Members,” To Permit Subsequent Staggered Terms
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
5.14-0245Resolution Authorizing The Execution Of A License Agreement Between Sharon Bowman- Griffin And The City Of Hampton, Giving The City The Right And License To Reproduce And Display The Poem Honoring Rupert L. Sargent, “A Hero’s Song” In The Ruppert Sargent Building At 1 Franklin Street.
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
6.14-0225Resolution Authorizing an advance of $2,462,500 to School Maintenance and Improvement Projects from the City's General Fund Unassigned Fund Balance to be returned to the General Fund Unassigned Fund Balance from the proceeds of the City's 2015 General Obligation Bond Series when issued.
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
7.14-0235Resolution Concerning City of Hampton Concurrence with School Division electing to pay the Virginia Retirement System Board-Certified Rate (in accordance with the 2014 Appropriation Act Item 468(H))
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
8.14-0232Resolution Concerning Virginia Retirement System Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordance with the 2014 Appropriation Act Item 468(H))
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
9.14-0270Resolution Authorizing the Transfer of $250,000 from Capital Project-Short term Capital Initiatives Funds to Capital Projects Non-Departmental-Transfers to Hampton Redevelopment Authority Higher Valued Housing Incentive Grants Program to fund one of the city’s high-valued housing strategic initiatives.
ACTION: Adopted - this item was removed from the consent agenda at the request of Councilman Tuck.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
10.14-0271Resolution Authorizing the Transfer of $200,000 from Capital Projects Fund Short-Term Capital Initiative to Capital Projects Aquatics Facility for the Conceptual Design and Costs Estimate of the Facility.
ACTION: Adopted - this item was removed from the consent agenda at the request of Councilman Tuck.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Will Moffett.
11.14-0267Resolution Authorizing the Transfer of $200,000 From General Fund Non-Departmental to Capital Projects Fund to Construct Associated Docks and Piers, and to Purchase Boats in Support of the Development of a Community Sailing Center At Fort Monroe
ACTION: Adopted - this item was removed from the consent agenda at the request of Councilman Tuck.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
12.14-0262Resolution Authorizing A $500,000.00 Appropriation From The City’s “General Fund Committed Fund Balance-Budget Savings Program” To The Capital Projects Fund “Time Accounting System Project”
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
13.14-0249Resolution Approving the Transfer of Funds from Old Buckroe Road Improvement that is Funded with VDOT Revenue Sharing Funds to North King Street Phase I
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
14.14-0227Resolution Accepting and Appropriating Donation Funds from the Undesignated Fund Balance to the Hampton Division of Fire & Rescue FY14 Budget for Donations Received from October 2012 to May 2014.
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
15.14-0250Resolution Accepting and Appropriating Funds for the Hampton Clean City Commission from the Department of Environmental Quality, Solid Waste Fund, Stormwater Fund and the General Fund.
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
16.14-0251Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of Funds for the 2012 Tobacco Use Prevention for Children received from the Virginia Foundation of Healthy Youth.
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
17.14-0252Resolution Approving Participation and Appropriation by the City of Hampton, Virginia of the 2014-2015 Foster Grandparent Program through the Corporation for National and Community Service
ACTION: Approved - items 1 through 8 and 12 through 17 on the consent agenda.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Use Permit
18.14-0253Use Permit Application No. 14-00007: Proposal by Felita Thomas, to operate a Day Care 3 for approximately 40 children at 915 N. King Street [LRSN 8000721].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved with 10 conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
19.14-0254Use Permit Application No. 14-00009: by Larry Curtis for live entertainment inside and outside Grandview Island Grill restaurant at 155 State Park Drive [LRSN 10000738].
ACTION: Presented by Alison Alexander, City Planner.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved subject to 12 conditions.

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Christopher G. Stuart.
Other Public Hearings
20.14-0258Public Hearing and Vote on Recommended Fiscal Year 2015-2019 Capital Improvement Plan (CIP)
ACTION: Held Public Hearing - Hugh Bassette spoke on this item.
ACTION: Approved as amended

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
Ordinances
21.14-0234Ordinance Approving the Vacation of a Portion of Right of Way Known as Martin Lane, Which is Located Between E. Pembroke Avenue and Old Point Lane, Comprising 3,472 Square Feet (0.080 Acre), More or Less
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Adopted

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
22.14-0256Ordinance Vacating a Surplus 60’ Public Access and Utility Easement Containing 79,426± Square Feet or 1.83± Acres Located on Property Owned by the Economic Development Authority of the City of Hampton Near the Intersection of Floyd Thompson Boulevard and Research Drive and Designated as LRSNs 13003975 and 13003976.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Adopted

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
23.14-0257Ordinance Vacating a Surplus Variable Width Utility Easement Containing 14,239± Square Feet or 0.327± Acres Located on Property Owned by the Economic Development Authority of the City of Hampton Near the Intersection of Floyd Thompson Boulevard and Research Drive and Designated as LRSN 13003975.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Adopted

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Linda Curtis.
Resolutions
24.14-0255Resolution Authorizing Amendments to a Certain Perpetual, Non-exclusive Landscape Maintenance Easement Granted by the City Council Over Various Centerline Islands Located at Hampton Roads Center Central and South Campuses to the Hampton Roads Center Owners Association, Inc., in Order to Grant Additional Easements to Cover the Property Surrounding Four Monument Signs to Be Installed in City-Owned Right-of-Way.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Linda Curtis.
25.14-0266Resolution to Authorize the Acquisition, by Negotiation or Condemnation, Pursuant to Section 25.1-100, Et Seq. of the Code of Virginia of 1950, As Amended, of an Easement From Parcel No. 040, Further Identified as 160 Saunders Road (LRSN 5001130) for the Saunders Road Widening Project
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember W. H. "Billy" Hobbs, Jr..
General Items
Appointments
26.14-0240to consider appointments to the Grievance Board
ACTION: Appointed Butch Heath and Paul Burton to the Grievance Board for terms to expire on June 30, 2018.

MOVER: Councilmember Linda Curtis.
27.14-0241to consider appointments to the 1619 Commission
ACTION: Deferred (8/13/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
28.14-0243to consider appointment to the Athletic Hall of Fame of the Lower Virginia Peninsula
ACTION: Reappointed Lynn Burke and Pat Minetti to the Athletic Hall of Fame of the Lower Virginia Peninsula Committee and Appointed Woube Gebre to a first term on the committee, all to serve for three induction cycles.

MOVER: Councilmember Linda Curtis.
29.14-0244to consider appointment to the Hampton Clean City Commission
ACTION: Appointed Kinesha Allen in the place of John Moyer, Clovis Calloway in the place of Shenelle Jones, Christopher Conyers in the place of Alan Rogers, and Wendy Iles in the place of Theresa Sellers, and also appointed Luretta Ray as an alternate.

MOVER: Councilmember Linda Curtis.
30.14-0261to consider an appointment to the Board of Review of Real Estate Assessments
ACTION: Appointed James Hunsecker to a first term on the Board of Review of Real Estate Assessment to expire on June 30, 2018

MOVER: Councilmember Linda Curtis.
31.14-0273to consider an appointment to the Hampton Roads Regional Jail Authority
ACTION: Deferred (7/9/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
32.14-0274to consider an appointment to the Hampton Redevelopment and Housing Authority (HRHA)
ACTION: Deferred (9/10/2014)

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Chris Snead.
AGENDA SUPPLEMENT
33.14-0276Resolution in Recognition of Christopher G. Stuart
ACTION: Adopted

MOVER: Councilmember Linda Curtis.
SECONDER: Councilmember Will Moffett.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Mary Bunting, City Manager, provided additional information on the rental inspection ordinance and specifically stated that Hampton's ordinance directly mirrors language used by the Commonwealth of Virginia. It also specifically prohibits it being done city-wide and specifies that districts must be named.

She also addressed the tax exemption. The property mentioned during the public comment period with a very low tax bill apparently is agricultural property which is taxed at a lower rate.

Ms. Bunting indicated that staff is addressing the issues at Briarfield Park and with grass issues on Hall Road. Staff has previously stated positions on the matters raised by Mr. Ottofaro and Mr. Dietrich.

Councilwoman Snead acknowledged Gloria Washington, the Budget Director, who is soon retiring as this is her last Council meeting.

Ms. Bunting indicated that Hampton is listed among the top 10 cities with Southern Hospitality in the United States and is the only Virginia city recognized.

Councilman Moffett wanted to once more acknowledge Councilman Stuart and to call him, "The Great Gatsby" and wished him well.
Miscellaneous New Business
Adjournment
  The meeting adjourned at 8:49 p.m.