Last Publish on 11/16/2010 4:14:30 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 10, 2010
7:06 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
INVOCATION - Councilman Donnie R. Tuck
  The invocation was given by Councilman Stuart.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward asked Councilman Moffett to share information on the Stand Down for Veterans which is to take place on Saturday, November 13, 2010, 2010, from 9 a.m. until 5 p.m. The stand down will take place at Y. H. Thomas Community Center at 1300 Thomas Street.

Mayor Ward asked the City Manager and City Attorney to take the new information received tonight on dredging during the public comment period and to report back to Council on any creative solution to the problem.

The City Attorney shared information that the Commander Shepard item which was advertised will not be considered by Council during this meeting. It will be considered at a later date and will be re-advertised. Ms. Hudson also indicated that any motion to approve item 10-0469 should be made subject to the correction of a typographical error correcting 18.1-8(5) to read 18.1-8(3).
CONSENT AGENDA
Consent Items
1.10-0452Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the Bulletproof Vest Partnership Grant Program through the U.S. Department of Justice
ACTION: Approved items 1, 3, 5 and 8 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
2.10-0467Approval of the minutes from the evening session of September 8, 2010, afternoon session of October 13, 2010, and public comment session of October 13, 2010.
ACTION: Approved - Councilwoman Leary asked that this item be removed from the consent agenda and expressed her desire that the public comment portion of the minutes from September 8, 2010, reflect the verbatim comments of Eddie Deerfield and Joan Charles. She also requested that Charlotte Dillow's comments from the public comment section of November 10, 2010, be verbatim. Since neither the minutes from the September 8, 2010, public comment session or the minutes from the November 10, 2010, public comment session were included for consideration in this agenda item, approval was limited to those minutes placed on the agenda for approval by Council.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
3.10-0468Resolution Requesting the Virginia Department of Transportation to Program the Following Projects into the 6-Year Plan, and Authorizing the City Manager to Execute Agreements for these Projects.
ACTION: Approved items 1, 3, 5 and 8 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
4.10-0470Resolution Authorizing the Terms and Conditions of a Cooperation Agreement Between the City of Hampton and the Industrial Development Authority of the City of Hampton, and Authorizing the Execution and Delivery of Same for the Development of the Crossroads Parcel (11 Acres Parcel) in the Coliseum Central District .
ACTION: Approved - This item was removed from the consent agenda at the request of Councilman Tuck.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
5.10-0476Resolution Approving Fiscal Year 2011 1st Quarter Budget Adjustments
ACTION: Approved items 1, 3, 5 and 8 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
6.10-0479An Ordinance To Amend And Re-Enact Chapter 2, “Administration”, Article XIV, “Procurement Office”, Section 2-326 Of The Code Of The City Of Hampton, Virginia, Entitled “Competitive Bidding Requirements” To Address Cooperative Procurement and Local Procurement Efforts by Departmental Purchasers
ACTION: Approved - This item was removed from the consent agenda at the request of Councilman Tuck.

MOVER: Councilmember Donnie R. Tuck.
SECONDER: Vice Mayor George E. Wallace.
7.10-0480Resolution approving the terms of the Cooperation Agreement and its Appendices between the City of Hampton and the Hampton-Newport News Community Services Board and authorizing the execution thereof.
ACTION: Denied - This item was removed from the consent agenda at the request of Councilman Stuart. This motion was not successful.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Donnie R. Tuck.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
8.10-0487Resolution Transferring funds from Youth and Family Services and Employee Benefits to Communities in School Non-Profit
ACTION: Approved items 1, 3, 5 and 8 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
9.10-0469Ordinance to amend and re-enact chapter 18.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Signs” by amending sec. 18.1-8 pertaining to political signs.
ACTION: Held Public Hearing A joint public hearing was held on 10-0469, 10-0471, and 10-0472. There were no speakers on these items.
ACTION: Approved as amended - subject to correction of a typographical error from 18.1-8(5) to 18.1-8(3).

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
10.10-0471Ordinance to amend and re-enact chapter 20 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Use Permits” by amending sec. 20-3.1 pertaining to deferrals, sec. 20-3.2 pertaining to withdrawals, sec. 20-3.3 pertaining to review and recommendation by the planning commission and sec. 20-4 pertaining to the issuance of permits.
ACTION: Held Public Hearing A joint public hearing was held on 10-0469, 10-0471, and 10-0472. There were no speakers on these items.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
11.10-0472Ordinance to amend and re-enact chapter 20.1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Conditional Privileges” by amending sec. 20.1-4 pertaining to application requirements and sec. 20.1-16 pertaining to time limitations.
ACTION: Held Public Hearing A joint public hearing was held on 10-0469, 10-0471, and 10-0472. There were no speakers on these items.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
Use Permit
12.10-0473Use Permit Application No. 1069 by Sam’s Place Inc. to have outdoor dining at the Sonny’s II restaurant located at 1340 N. Mallory Street (LRSN 12005716).
ACTION: Presented by Michael Hayes, Senior City Planner.
ACTION: Held Public Hearing - There were no speakers.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Christopher G. Stuart.
Conditional Privilege
13.10-0474Conditional Privilege Application No. 111 by Homeland Security Solutions, Inc. to operate an Indoor Shooting Range at 3130B NASA Drive (LRSN 6000858).
ACTION: Presented by Jeffrey Conkle, City Planner.
ACTION: Held Public Hearing - Carole Garrison, 14 Shoreline Drive, spoke on the issue. She wsan't opposed but indicated that she is employed at NASA and had no knowledge of this issue until she saw the Council agenda.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Ross A. Kearney, II.
Resolutions
14.10-0484Resolution to authorize the acquisition, by negotiation or condemnation, of permanent drainage easements and temporary construction easements from portions of Parcel Nos. 005, 007, and 009 on Quash Street for the Quash Street Drainage Improvement Project, Phase I (Project No. 11-003).
ACTION: Held Public Hearing - Hugh Bassette spoke in favor of this item.
ACTION: Approved

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Angela Lee Leary.
General Items
Resolutions
15.10-0439Resolution Memorializing the Creation of The Hampton Finance Committee and Amending The Hampton Finance Committee Governing Rules
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
Appointments
16.10-0475to consider appointments to the Neighborhood Commission
ACTION: Appointed Lynn Allsbrook, the Acting Public Works Director, Tammy Flynn, of Marketing INC, and James Gray, Acting Assistant City Manager, as City Representatives and appointed Ann Bane as the Hampton City Schools representative.


MOVER: Councilmember Angela Lee Leary.
17.10-0481to consider appointments to the Hampton Federal Area Development Authority
ACTION: Appointed Mark J. Stephens and Kevin Van Sloten to serve four year terms until November 30, 2014, and reappointed William E. Lewis and Scott Seymour to their first full four year terms to expire on November 30, 2014.

MOVER: Councilmember Angela Lee Leary.
18.10-0482to consider the appointment of an alternate to the Wetlands Board
ACTION: Appointed Jeff Amick as an alternate.

MOVER: Councilmember Angela Lee Leary.
19.10-0483to consider appointments to the Mayor's Committee for People with Disabilities.
ACTION: Appointed Fred Thaggart and Ethel Wilson to two year terms and reappointed Patricia Brown, Ellen Shackelford, Story W. Smith, and Jeanne Smith to two year terms.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
  Councilwoman Leary made a motion that Ancillary 6 be put back into consideration in the Hampton River Dredging project. Councilman Stuart seconded the motion. During discussion on the motion, it was determined that once the City Manager is able to ascertain and share the anticipated cost with Council, if authorized by the polling of Council, the City Manager could move forward without awaiting a formal vote of Council. Based upon this information and the assurances of the City Manager that she will use her best efforts to expeditiously move forward, Councilwoman Leary withdrew her motion.

Councilwoman Leary shared that she will be attending the National League of Cities meeting and will be gone for several days. She is being recognized for things she has done with the Leadership and Training Institute. She will share information with Council on items which will be voted on to seek input on the way Council desires her to vote.

Councilman Kearney wished everyone a Happy Thanksgiving and Mayor Ward wished everyone a good Veterans' Day.

Adjournment
  The meeting was adjourned at 8:40 p.m.