Last Publish on 10/14/2010 2:07:59 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, October 13, 2010
7:00 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
  Mayor Ward called the meeting to order at 7:25 p.m. Councilman Stuart, while in attendance, was not present at the time of roll call.
INVOCATION - Councilman Chris Stuart
  Councilman Tuck gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor recognized the City Manager, Mary Bunting, who spoke on the status of the Hampton River Dredging project and explained the discussion and the staff's position as discussed by Council on September 22, 2010. City Attorney, Cynthia Hudson, also provided information.

Mayor Ward expressed the Council's appreciation to Assistant City Manager John Eagle who will be departing his current position to assume the position of Director of Information Technology for Hampton City Schools.

Councilman Stuart expressed his appreciation to the volunteers in connection with the recent Chili Cookoff.
1.10-0432Resolution Endorsing the Hampton-Langley Air Force Base Joint Land Use Study (JLUS).
ACTION: Presented by Keith Cannady, Planning Services Director, and Bruce Sturk, Director of Federal Facilities. Also present were Lt. Colonel Marc Vandeveer, Commander, 633rd Air Base Wing, Civil Engineering Squadron and Lt. Colonel Mike King, Deputy Commander, 1st Fighter Wing, Operations Group. Lt. Colonel Vandeveer gave brief remarks.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
2.10-0449Our Regional "Water Problem" - A Brief Look
ACTION: Presented by Dr. James V. Koch, Board of Visitors, Professor of Economics and President Emeritus of Old Dominion University.
ACTION: Presented by Dr. James V. Koch, Board of Visitors, Professor of Economics and President Emeritus of Old Dominion University.

CONSENT AGENDA
Consent Items
3.10-0262Ordinance vacating surplus, unimproved City right of way known as Old Celey Road, located between West Queen Street and Settlers Landing Road, abutting (i) HRHA lot known as 911-913 West Queen Street (LRSN 2000405) to the northwest, (ii) HRHA lot 16C, known as 827 West Queen Street (LRSN 2001134) to the northeast, (iii) City lot 32D in the 90 block of Settlers Landing Road (LRSN 2001170) to the southeast, (iv) a private lot owned by Queens Plaza, LLC, known as 900-922 LaSalle Avenue (LRSN 2000406) to the southwest, and (v) a private vacant lot owned by Frank J. Robert, et al. on LaSalle Avenue (LRSN 2000407) to the southwest, to be absorbed into the City lot and HRHA lots for the redevelopment of an apartment complex known as Patterson Crossing.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
4.10-0413Approval of the minutes from the evening session of August 11, 2010; the special meeting of August 25, 2010; the afternoon and public comment sessions of September 8, 2010, and the public comment session of September 22, 2010.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
5.10-0416Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY2010 Edward Byrne Memorial Justice Assistance Grant Through the United States Department of Justice.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
6.10-0417Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2010-2011 Hampton Adult Drug Treatment Court Grant Program Funding Program Through the Hampton-Newport News Community Services Board from the Supreme Court of Virginia.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
7.10-0418Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Department of Justice, Office of Community Oriented Policing Services Technology Grant.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
8.10-0425Approval of Hampton City Council 2011 Meeting Schedule
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
9.10-0427Resolution Accepting and Appropriating Funds for the FY2011 Comprehensive Services Act Pools Fund.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
10.10-0430Ordinance To Amend And Reenact Chapter 28 “Pensions And Retirement”, Article II “Hampton Employee’s Retirement System”, Division 2 “Financing And Administration”, Section 28-41 “City’s Contributions” of the Code of the City of Hampton, Virginia To Include Another Contribution Method.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
11.10-0431Resolution Approving FY10 Year End Budget Adjustments.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
12.10-0433Ordinance to Repeal Non-Coded Ordinance #1081 Suspending Payment of Certain Fees Associated with Permits Required to Repair or Replace Property Damage Occasioned by the 2009 "November Nor'Easter".
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
13.10-0440Resolution appropriating $572,126.30 in Bond Interest and Transferring of funds totaling $596,873.70 from various closed bond projects to fund additional costs associated with the construction of Fire Station #11 (Northampton) Project.
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
14.10-0442Resolution Authorizing the Transfer of Appropriation of $820,000 from the Hampton River Dredging and Factory Point Restoration Projects to the Salt Ponds Dredging and the Shoreline Management Study Projects
ACTION: Approved items 3 through 14 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
PRESENTATIONS, PROCLAMATIONS, AWARDS
15.10-0428Proclamation in Recognition of Sheriff B. J. Roberts
ACTION: Presented by Councilman Ross A. Kearney, II. Sheriff Roberts accepted the proclamation and gave brief remarks.
16.10-0437Recognition of Awards for the City of Hampton's Communications and Civic Engagement Efforts
ACTION: Presented by City Manager, Mary Bunting, who recognized the city employees instrumental in the work performed resulting in the recognitions. The awards, from three different organizations, were the Governor’s Innovation in Local Government Award, Silver Circle Award and Savvy Award from the City-County Communications and Marketing Association (or 3CMA), and the Communications Award received from the Virginia Municipal League.
PUBLIC HEARINGS
Rezonings
17.10-0435Zoning Ordinance Amendment by the City of Hampton to amend and re-enact the following chapters of the Zoning Ordinance of the City of Hampton, Virginia, pertaining to the regulation of live entertainment and dancing venues: Chapter 11, entitled “C-1 District—Neighborhood Commercial District” by amending Section 11-1; Chapter 12, entitled “C-2 District—Limited Commercial District” by amending Section 12-1; Chapter 13, entitled “C-3 District—General Commercial District” by amending Section 13-1; Chapter 15 entitled “M-2 District—Light Manufacturing District” by amending Section 15-1; and Chapter 16 entitled “M-3 District—Heavy Manufacturing District” by amending Section 16-1.
ACTION: Presented by David Stromberg, City Planner.
ACTION: Held Public Hearing - there were two speakers. Elizabeth McCoury of the Coliseum Central Business Improvement District spoke in support of this matter. Leon Kerry, the Commissioner of the CIAA, stated that this is the right step for the city for bringing tourists to the city.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
Conditional Privilege
18.10-0434Conditional Privilege Application No. 112: Proposal by Queens Way Soul Café, LLC to provide live entertainment within an existing restaurant at 1144 Big Bethel Road (LRSN 4002763).
ACTION: Presented by Jeff Conkle, City Planner.
ACTION: Held Public Hearing - Leon Kerry, spoke in favor of the application.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
Ordinances
19.10-0443Ordinance to impose a business improvement tax in the amount of $.20 (TWENTY CENTS) per $100.00 (ONE HUNDRED DOLLARS) of assessed value on commercial properties, subject to real estate taxation, within the boundaries of the Downtown Hampton Business Improvement District, which tax shall be in addition to all other taxes and fees as may be imposed by law.
ACTION: Held Public Hearing - Johnnie Carroll spoke about the cost of the new court house and other possible options. Mayor Ward explained that this public hearing specifically relates to renewal of the business improvement district and the tax rate, not the downtown Hampton area in general.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
20.10-0444Ordinance to impose a business improvement tax in the amount of $.07 (SEVEN CENTS) per $100.00 (ONE HUNDRED DOLLARS) of assessed value on commercial properties, subject to real estate taxation, within the boundaries of the Coliseum Central Business Improvement District, which tax shall be in addition to all other taxes and fees as may be imposed by law.
ACTION: Held Public Hearing - There were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Angela Lee Leary.
Resolutions
21.10-0424Resolution approving a Lease for 21, 635 square feet of City owned land at 732 N. King St. to Adams Outdoor Advertising, L.P., a Virginia limited partnership, for two existing billboards together with a Public Service Agreement and authorizing execution of same.
ACTION: Held Public Hearing Frank Ottofaro questioned the financial piece of this. Ms. Bunting responded that the city will receive $60,000.00 in each of the first three years with a 3% escalation in years four and five plus an in-kind value of $26,000 in advertising.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Donnie R. Tuck.
General Items
Appointments
22.10-0331to consider an appointment to the Purchasing and Procurement Oversight Committee
ACTION: Appointed William E. Brown to serve a two year term which will expire on September 30, 2012.

MOVER: Councilmember Angela Lee Leary.
23.10-0398to consider the appointment of Hampton's voting delegate and alternate to the National League of Cities (NLC) Annual Business Meeting
ACTION: Appointed Councilwoman Angela Leary as Hampton’s official voting delegate and Councilman Ross Kearney as the alternate to the National League of Cities’ annual business meeting on Saturday, December 4, 2010, in Denver, Colorado.

MOVER: Councilmember Angela Lee Leary.
24.10-0412to consider an appointment to the Hampton Clean City Commission
ACTION: Appointed MacGyver A. Dallas to fulfill the unexpired portion of Christiana Bett’s term until December 30, 2013.

MOVER: Councilmember Angela Lee Leary.
25.10-0419to consider appointments to the Coliseum Advisory Committee
ACTION: Reappointed Nellie Jo Yannarella to her first full three year term to expire on December 31, 2013 and jack Pope and Gregory Williams to their second terms which will expire on December 31, 2013, and appointed Pamela Lawson to fulfill the unexpired portion of Christiana Bett’s term expiring on December 31, 2011.

MOVER: Councilmember Angela Lee Leary.
26.10-0420to consider appointments to the Golf Course Advisory Committee
ACTION: Reappointed Pat Minetti and Julia Pace to three year terms expiring on September 30, 2013, and appointed Calvin Pearson, Leon Alligood and Steve Laxton to three year terms which will expire on September 30, 2013.

MOVER: Councilmember Angela Lee Leary.
27.10-0421to consider citizen appointments to the Senior Citizens Advisory Committee.
ACTION: Appointed Freddie Simons, representing the Community Services Board, and Mary Williams, representing the Health Department, and Michael Parsons, William John Tyrell, Bob Tyson, Gustave Decoursey, and Carol Perinzin. These terms will be until September 30, 2014.

MOVER: Councilmember Angela Lee Leary.
28.10-0422to consider the appointment of an alternate to the Cultural Alliance of Hampton Roads.
ACTION: Appointed Dianne Foster to serve as Councilman Stuart’s alternate until June 30, 2012.

MOVER: Councilmember Angela Lee Leary.
29.10-0429to consider appointments to the Citizens' Unity Commission
ACTION: Appointed Ms. Milagros Abad to fulfill the unexpired portion of Kimberlee Humphrey’s term until June 30, 2013, and reappointed Patricia W. Leary to her first regular term which will expire on June 30, 2014, and removed Stephano Patton as a youth member. The youth position will remain vacant.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
30.10-0441Briefing: Cemetery Maintenance Regulation
ACTION: Presented by Lesa Yeatts, Senior Deputy City Attorney. Steve Shapiro, Deputy Director of the Community Development Department was available for questions.
Miscellaneous New Business
  Mayor Ward acknowledged Bob Martin and the contributions of many others who assisted with pressure washing local cemetery headstones.

Councilman Moffett mentioned that on Memorial Day weekend when cleaning up the Bassett cemetery, it was discovered that homeless were living in the area.

Councilman Kearney thanked the City Manager and city staff for the assistance with the Phoebus Days parade this year particularly with respect to the fire parade.
Adjournment
  The meeting adjourned at 9:24 p.m.