Last Publish on 9/9/2010 4:45:45 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 08, 2010
7:01:10 PM
Ross A. Kearney, II, Angela Lee Leary, Will Moffett, 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
  Councilman Stuart had stepped out of the room at the calling of the roll. Councilwoman Leary was not present due to illness.
INVOCATION - Councilman Will Moffett
  The invocation was given by Councilman Moffett.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward asked the City Manager, Mary Bunting, to give an explanation of item #10 on the agenda. She explained that the citizen recognition portion of the meeting will begin at 5:30 p.m. with the public comment to follow immediately thereafter. Speakers cards will be available at 5 p.m.
CONSENT AGENDA
Consent Items
1.10-0378Approval of the minutes from the afternoon and public comment sessions of August 11, 2010.
ACTION: Approved items 1 through 5, 7, 9 and 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
2.10-0383Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Highway Safety Grant Program Through the Commonwealth of Virginia Department of Motor Vehicles.
ACTION: Approved items 1 through 5, 7, 9 and 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
3.10-0384Resolution Accepting and Appropriating Donation Funds from the Undesignated Fund Balance to the Hampton Fire & Rescue Budget for Donations Received by Hampton Fire & Rescue from October 26, 2009 to March 23, 2010.
ACTION: Approved items 1 through 5, 7, 9 and 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
4.10-0387Donation of one 1994 Quality 1500 Pumper Engine to the Clinchco Volunteer Fire Department of Dickenson County, Virginia.
ACTION: Approved items 1 through 5, 7, 9 and 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
5.10-0388Resolution authorizing the Chief of Police and City Manager’s Office to take all necessary steps to withdraw from membership in the Hampton Roads Criminal Justice Training Academy and to establish an independent training academy for police officers.
ACTION: Approved items 1 through 5, 7, 9 and 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
6.10-0390Resolution Approving the Terms of the Cooperation and Subrecipient Agreements Between the City of Hampton and VOICCE, Inc. and Authorizing the Execution Thereof
ACTION: Approved - this item was removed from the consent agenda at the request of Councilman Tuck and to give the City Manager an opportunity to provide additional information.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Vice Mayor George E. Wallace.
7.10-0391Resolution Approving the City of Hampton, Virginia's Participation and Appropriation in the 2010 Homeless Intervention Program Through the Hampton Department of Human Services from the Virginia Department of Housing and Community Development.
ACTION: Approved items 1 through 5, 7, 9 and 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
8.10-0393Resolution Appropriating Funds from Uncompleted Projects Funded with General Funds, Stormwater Funds, Economic Development Funds and IDA Funds.
ACTION: Approved - this item was removed from the consent agenda at the request of Councilman Tuck who had questions concerning property acquisition funds and to give the City Manager an opportunity to provide additional information.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
9.10-0394Resolution Appropriating $500,000 from General Fund Undesignated Fund Balance to the Capital Projects Fund for Design of the New EOC/911 Center.
ACTION: Approved items 1 through 5, 7, 9 and 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
10.10-0397An Ordinance To Amend And Re-Enact Chapter 2, “Administration”, Article II “City Council”, Division 2, “Meetings”, Sections 2-36 and 2-45.1 Of The Code Of The City Of Hampton, Virginia To Provide for a Regular Citizen Recognition Period, a Second Monthly Public Comment Period and for Related Clerical Changes
ACTION: Approved items 1 through 5, 7, 9 and 10 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
PRESENTATIONS, PROCLAMATIONS, AWARDS
11.10-0382Award of the Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2009.
ACTION: Presented by Vice Mayor Wallace to Sylvia Shanahan, Controller, who accepted on behalf of the Finance Department.
12.10-0385Recognition of Hampton's Designation as a Citizen-Engaged Community
ACTION: Presented by Councilman Moffett to John Eagle, Assistant City Manager, who recognized the many city departments whose efforts resulted in this award.
PUBLIC HEARINGS
Rezonings
13.10-0389Ordinance to amend and re-enact chapter 24 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Amendment of Ordinance” and increase the base fee for applications for change of zoning classification or change of zoning district boundaries from $650.00 to $750.00 as authorized by Va. Code § 15.2-2286.A.6
ACTION: Presented by Terry O'Neill, Director of Community Development.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
14.10-0392Rezoning Application No. 1291: by the City of Hampton to rezone an area of land at the intersection of Kecoughtan Road and Ivy Home Road for a park and community center from the Neighborhood Commercial (C-1), One Family Residence (R-13), and One Family Residence (R-9) Districts to the Special Public Interest – Public Lands (SPI-PL) District. The specific properties are identified by LRSNs 2002858, 2002861, 2002862, 2002869, 2002870, 2002871, 2002872, 2002874, 2002875, 2002876, and 2002877.
ACTION: Presented by Mike Hayes, Senior City Planner. Terry O'Neill, Director of Community Development, and Angelique Shenk, Senior Neighborhood Development Specialist, provided additional information.
ACTION: Held Public Hearing - Frank J. Ottofaro expressed his safety concerns and asked about the location of buildings on the site. Mr. Hayes responded that it will exceed required setbacks.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
Resolutions
15.10-0352Resolution authorizing the execution of a Use Agreement between the City of Hampton and Girls, Inc. to use 4051 sq. ft. of the Y. H. Thomas School Building located at 1300 Thomas Street.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Ross A. Kearney, II.
16.10-0354Resolution authorizing the execution of a Use Agreement between the City of Hampton and Inspiring Minds to use 2768 sq. ft. of the Y. H. Thomas School Building at 1300 Thomas Street.
ACTION: Held Public Hearing - there were no speakers on the item.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Ross A. Kearney, II.
17.10-0379Resolution authorizing the execution of a Lease Agreement between the City of Hampton and The Kenneth Wallace Community Development Corporation (CDC) Board to lease 2315 Victoria Boulevard and the building thereon known as the Kenneth Wallace Neighborhood Resource Center.
ACTION: Held Public Hearing - Andre McCloud spoke in support of this item and expressed appreciation to the Hampton Police Division for their partnership.
ACTION: Approved - the actual agreement will be a Use Agreement as opposed to a Lease Agreement.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Will Moffett.
General Items
Ordinances
18.10-0356Ordinance to amend and reenact Chapter 21 of the Code of the City of Hampton, “Motor Vehicles and Traffic”, Article VI “Pedestrians”, Section 21-188 “Distribution of handbills, solicitation of contributions and sales of goods or services on public roads and designated highways prohibited”.
ACTION: Adopted

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
19.10-0386Ordinance to amend and reenact Chapter 22 “Noise”, Article 1 “In General” of the Code of the City of Hampton by amending section 22-1 “Violation of Chapter” to provide for enhanced fines, by repealing sections 22-2 and 22-3 and sections 22-4 through 22-8 which are now included in section 22-9 and by adding thereto a new section 22-9 “Prohibited noises enumerated” and 22-10 “Exemptions” and Article 2 “Sound trucks” by repealing sections 22-1 through 22-41 the subject now being addressed in Article 1, section 22-9.
ACTION: Adopted

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Ross A. Kearney, II.
Appointments
20.10-0330to consider an appointment to the Board of Directors of the Virginia Air & Space Center
ACTION: Appointed Dr. Arthur D. Green to serve the unexpired portion of a term which will expire on June 30, 2012.

MOVER: Vice Mayor George E. Wallace.
21.10-0381to appoint an official delegate, delegate alternate, and staff assistant to the urban section of the Virginia Municipal League
ACTION: Appointed Vice Mayor George Wallace as Hampton's official delegate, Councilman Will Moffett as alternate, and Mary Bunting, City Manager, as staff assistant.

MOVER: Vice Mayor George E. Wallace.
22.10-0398to consider the appointment of Hampton's voting delegate and alternate to the National League of Cities (NLC) Annual Business Meeting
ACTION: Deferred (10/13/2010)

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Ross A. Kearney, II.
23.10-0399to consider a Council appointment to the Hampton Military History Foundation
ACTION: Appointed Councilman Will Moffett.

MOVER: Vice Mayor George E. Wallace.
24.10-0400to consider an appointment to the Planning Commission
ACTION: Appointed Carlton Campbell to serve his first full term to expire on September 30, 2014.

MOVER: Vice Mayor George E. Wallace.
25.10-0401to consider an appointment to the Finance Committee
ACTION: Appointed George E. Spade, II to serve his first full term to expire on September 30, 2012.

MOVER: Vice Mayor George E. Wallace.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Mary Bunting, City Manager, reported back on Chris Benda's request to move any city offices in leased space to the Harbor Center. Ms. Bunting explained that the Conventions and Visitors Bureau is located in Coliseum Central purposefully but that it is the intention to move the Voting Registrar's office back downtown in connection with the construction of the Circuit Courthouse.

She reported back on an item often brought forward by Hugh Bassette and indicated that work on Quash Street is proceeding.
Miscellaneous New Business
  Councilman Tuck indicated his desire to provide citizens speaking during the public comment period with more immediate responses rather than a report back at a later meeting.

Councilman Tuck expressed his desire for an education effort regarding proper care of grass clippings. He also expressed concern about the speed of HRT buses and would like increased police monitoring in an effort to get motorists to slow down in school zones.

Councilman Stuart shared that there is a charitable effort taking place to collect socks for veterans and he asked the citizens to support this effort.

Mayor Ward shared that we have Sister Cities delegations visiting. Vice Mayor Wallace shared that delegations from Vendome, France and Anyang, South Korea are visiting and sharing the celebration of Hampton's 400th anniversary and also Bay Days.
Adjournment
  The meeting adjourned at 8:18 p.m.