Last Publish on 2/13/2009 12:17:37 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, February 11, 2009
6:57:19 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Molly Joseph Ward, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Vice Mayor Joseph H. Spencer, II
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward announced that the Tidemill Machen Community Association is having a Valentine fundraiser selling gift baskets. The money will be helping all community residents and specifically helping the fire victims of the Magruder complex. Donations can be made at Old Point National Bank or at Machen Elementary School.

Mayor shared that during the afternoon work session on February 11, 2008, Council discussed the proposals received from the developers in Buckroe. She indicated that Council directed staff to meet with each of the developers and discuss guidelines the Council has outlined. They expect to have an open discussion in the afternoon meeting on March 11, 2008.
CONSENT AGENDA
Consent Items
1.09-0033Approval of Minutes from Special Meeting of Council on January 7, 2009; Afternoon and Evening Sessions of Council on January 14, 2009; and Afternoon Session of Council on January 28, 2009.
ACTION: Approved - Councilwoman Leary and Vice Mayor Spencer abstained since they were not in attendance on January 28, 2009.

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
2.09-0034Resolution Approving the City of Hampton, Virginia's participation and Appropriation of the Byrne/Jag - Criminal Justice System Improvement Grant Program Through the Virginia Department of Criminal Justice Services.
ACTION: Approved items 2-4, 6-8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
3.09-0035Resolution Approving Participation and Appropriation by the City of Hampton, Virginia of the 2009-2010 Foster Grandparent Program through the Corporation for National and Community Service.
ACTION: Approved items 2-4, 6-8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
4.09-0036Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009-2010 Crisis Intervention Team Grant Funding Program through the Hampton-Newport News Criminal Justice Agency from the Virginia Department of Criminal Justice Services.
ACTION: Approved items 2-4, 6-8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
5.09-0037Resolution Supporting the Application of DNK Trucking, Inc. for $300,000 in Industrial Access Railroad Track Funds from the Commonwealth of Virginia Department of Rail and Public Transportation for the Installation of an Industrial Rail Access at 905 G Street in Hampton, Virginia
ACTION: Approved - City Attorney Cynthia Hudson addressed a citizen's concern about dust.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
6.09-0038Resolution Determining TurboSonics, Inc. to be the Only Source Practicably Available from which to Procure Parts for TurboSonics Spray Adsorber Nozzles and Ceramic Inserts and Authorizing the Negotiation and Execution of a Purchase Contract with TurboSonics, Inc. as a “Sole Source”.
ACTION: Approved items 2-4, 6-8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
7.09-0041Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009 Hampton Domestic Violence Community Unified Response Effort (CURE) V-Stop Grant Funding program through the Hampton Commonwealth's Attorney's Office from the Virginia Department of Criminal Justice Services.
ACTION: Approved items 2-4, 6-8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
8.09-0043Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2009 V-STOP Domestic Violence Community Unified Response Effort (CURE) Grant to the Hampton Police Division from the Virginia Department of Criminal Justice Services.
ACTION: Approved items 2-4, 6-8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
9.09-0051Resolution of the City Council of the City of Hampton, Virginia, determining that nonhousing buildings in a revitalization area located at 1212 North King Street, Wilsondale Apartments, are necessary and appropriate for the revitalization area.
ACTION: Approved - Councilwoman Leary put this to record for the benefit of the public and shared that the the Wilson family fulfilled their commitment regarding relocation assistance.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Randall A. Gilliland.
10.09-0052Resolution to Execute Two Deeds of Easement for Sewer Force Main on Property Owned by the City of Hampton located at 100 North Park Lane to Hampton Roads Sanitation District.
ACTION: Approved items 2-4, 6-8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
11.09-0056Resolution appropriating $543,155 of designated fund balance from EMS fees for various EMS and Fire Capital Needs
ACTION: Approved items 2-4, 6-8, 10 and 11 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
12.09-0042Proclamation In Recognition Of Coach Mike London
ACTION: Presented by Vice Mayor Joseph H. Spencer, II. Councilman Wallace and Councilman Gilliland also made comments. Coach London was accompanied by his family members.
13.09-0062Presentation of the Government Finance Officers Association of the United States and Canada Distinguished Budget Presentation Award.
ACTION: Presented by Councilman George Wallace to representatives of the Office of Budget and Management Analysis.
14.09-0047Presentation by Coalition for Justice Blue Ribbon Commission re Council Election System
ACTION: Presented by Dr. Mary T. Christian and Rudy Langford of the Coalition for Justice Blue Ribbon Commission. Mr. Langford introduced Carmen Taylor, Rev. Harris, Tony Caspariello, and Hugh Bassette.

Prior to the presentation, City Attorney Cynthia Hudson made clarifying comments with respect to the article which appeared in today's Daily Press.
PUBLIC HEARINGS
Use Permit
15.09-0055Use Permit Application No. 1046 by Hampton University to construct a three-story building to be used as a dormitory and alumni center office on the southwest intersection of W. Tyler Street and Frissell Avenue zoned One Family Residence (R-13) District.
ACTION: Presented by Adanna Davis, City Planner.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
Conditional Privilege
16.09-0053Conditional Privilege Application No. 97 by Phillip and Dana Epstein to allow live entertainment in the form of karaoke and scripted plays on a 0.1561± acre lot at 101-A W. Queens Way (LRSN# 2002909).
ACTION: Presented by Chris Dyser, 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.
Ordinances
17.09-0045Zoning Ordinance Amendment by the City of Hampton to amend Chapter 12, C-2 Limited Commercial District, Sec. 12-1, Uses Permitted; to allow mixed-use structures as a permitted use subject to securing a Use Permit and Chapter 13, C-3 General Commercial District, Sec. 13-1, Uses Permitted; to add mixed-use structures to the list of restricted uses within C-3.
ACTION: Presented by Michael Hayes, City Planner.
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.
18.09-0049Zoning Ordinance Amendment by the City of Hampton to amend Chapter 2, Definitions, Sec. 2-54.2; Chapter 12, C-2 Limited Commercial District, Sec. 12-1, Uses Permitted; Chapter 13, C-3 General Commercial District, Sec. 13-1, Uses Permitted; and Chapter 17.3, Special Public Interest District, Article XV, Special Public Interest-Coliseum Central District, Sec. 17.3-116, Limitations on Permitted Uses to define tattoo parlors, allow tattoo parlors with an approved Use Permit in the C-2 and C-3 Districts, and prohibit tattoo parlors in the SPI-CC District.
ACTION: Presented by Michael Hayes, City Planner.
ACTION: Held Public Hearing - Dr. Theodore Reiff questioned the role of the health department in approval of tattoo parlors.
ACTION: Deferred (3/11/2009)

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
General Items
Ordinances
19.09-0046Ordinance to amend and reenact Chapter 38 “Vehicles for Hire” of the Code of the City of Hampton, Division 3 “Taxicab Driver’s Permit”, Section 38-85 “Term” to change the renewal period from “calendar year” to “twelve months”.
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Joseph H. Spencer, II.
20.09-0048Ordinance to amend and reenact Chapter 37 “Taxation”, Division 6 “Exemption or deferral for elderly and disabled persons”, Sections 37-118, 37-119 and 37-125 to permit inclusion of income of nonrelatives to applications for real estate tax relief for the elderly and totally disabled, to allow applicants to qualify for real estate tax relief based on current year’s income due to “unforeseen circumstances” and to correct a typographical error in section.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
21.09-0050Ordinance to amend and reenact Chapter 37 “Taxation”, Article I “General” by adding thereto a new section 37-2 entitled “Refunds” enabling the city staff to make refunds of $2500 or less.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
Resolutions
22.08-0515Resolution Authorizing the Execution and Delivery of an Equipment Lease/Purchase Agreement, and Related Instruments, and Determining Other Matters in Connection Therewith to Finance an Emergency Communications System.
ACTION: Approved - Assistant City Manager Mary Bunting provided information on the benefits of the new public radio system.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
23.09-0058Resolution Appropriating $350,000 from the General Fund Undesignated Fund Balance to the Capital Project Fund to Dredge the Salt Ponds Channel
ACTION: Approved

MOVER: Councilmember George E. Wallace.
SECONDER: Councilmember Angela Lee Leary.
24.09-0060Resolution Transferring Funds with the Capital Budget and Appropriating Revenues in the Economic Development Fund.
ACTION: Deferred (3/11/2009)

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember George E. Wallace.
Appointments
25.08-0474to consider appointments to the City of Hampton Sesquicentennial Committee.
ACTION: Appointed Katie Arrendondo, Julie Clevenger, Veronica Davis, Joshua Head, Gerri Hollins, Conover Hunt, Dr. Patrick Lewis of Hampton University, The Honorable Mamie Locke, Paul Morando, Dr. Betty Peters, Bernard Peters, John Quarstein, Amy Ritchie, Dr. Tom Sale, Robert Shuford, Jr., Geoff Tennille, Dr. Martha Tennille, Tommy Thompson, Jim Tormey, and Robert Watson.

These individuals’ terms will expire on December 31, 2015.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Audiences Granted to the General Public
  Linda Counts spoke in opposition to a ward system of voting.

Johnnie Hargrove spoke about the poor condition of Matoka Road.

Edward Deerfield expressed his dissatisfaction with the Council work session of January 28, 2009, and the revised meeting schedule.

Frank J. Ottofaro spoke about the taking of his property on Pine Chapel Road.

Beverly Crandle spoke on her dissatisfaction with the location of the Council work session of January 28, 2009.

Robert W. Nuckles spoke on the lack of religion in schools.

Ceceile Trevathan asked Council to proceed with caution with respect to development in Buckroe.

Theodore Reiff concurred with earlier speakers' concerns about citizens only being able to address Council once each month and requested that handicapped individuals be permitted to address Council during meetings by telephone.
Miscellaneous New Business
  Councilman Kearney expressed his concern with the possibility of layoffs in schools and closing of schools when the school system has put out a request for bids for turf in Darling Stadium.

Councilwoman Leary asked the City Attorney to send a letter in response to Mr. Ottofaro's tax question.

Councilman Gilliland is the Hampton City Council's representative to the Hampton Roads Metropolitan Planning Organization and he attended a full day meeting today where a great deal of progress was made toward reform. Councilman Kearney praised Councilman Gilliland for the time he has spent in this effort.

Vice Mayor Spencer shared that while he was vacationinng in South Africa, he visited Hampton's sister city, Pietermaritzburg. They are looking forward to our City's 400th anniversary and he expects a delegation from Pietermaritzburg to attend.
Adjournment