Last Publish on 4/20/2012 10:46:29 AM
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, April 11, 2012
7:00 PM
Ross A. Kearney, II, Will Moffett, Joseph H. Spencer, II, 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
  The meeting was called to order at 7:12 p.m. Councilman Kearney was not present as he continues to recuperate from surgery.
INVOCATION - Will Moffett
  Councilman Moffett gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward expressed her gratitude that no lives were lost in the recent jet crash in Virginia Beach and she asked the City Manager to give a brief update on the clear zones related to Langley Air Force Base now known as Joint Base Langley Eustis in Hampton.

The Mayor recognized six journalism students from Old Dominion University who are doing a class assignment tonight by covering the Council meeting.

Mayor Ward thanked the Clerk of Council, her staff, and other City staff for their work today in holding Scout Youth in Government Day and shared that approximately 30 Girl Scouts and Boy Scouts spent the day at Fort Monroe participating in the planning process.

Councilman Stuart extended happy birthday wishes to his twin sons on the occasion of their fourth birthday.

CONSENT AGENDA
Consent Items
1.12-0112Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY 2013 Public Safety Answering Point Grant.
ACTION: Approved items 1 through 5 and 7 and 8 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
2.12-0119Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY 2011 Competitive Emergency Management Performance Grant Through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 5 and 7 and 8 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
3.12-0120Resolution, Correcting Resolution No. 12-0093, Approving the City of Hampton, Virginia's Participation and Appropriation of the 2012-2013 ACT Raising Safe Kids Program through the Hampton-Newport News Criminal Justice Agency from the American Psychological Association.
ACTION: Approved items 1 through 5 and 7 and 8 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
4.12-0123Resolution approving the City of Hampton, Virginia's participation and appropriation of the 2012 Assistance to Firefighters Grant submitted through the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS) to the Hampton Division of Fire & Rescue.
ACTION: Approved items 1 through 5 and 7 and 8 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
5.12-0124Resolution Authorizing Participation in a Study of Further Regionalization of Sanitary Sewer Service and Assets
ACTION: Approved items 1 through 5 and 7 and 8 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
6.12-0125Resolution Approving a Variable Width Water Main Easement to the City of Newport News, Totaling 690 Square Feet, More or Less, for the Exclusive, Perpetual Right and Privilege of Locating, Placing, Laying, and Maintaining Water Mains, Pipes, Laterals, and Appurtenances Through, Along, and Under the Little England Cultural Center Located on City Property at 3922 Kecoughtan Road (LRSN 2002874)
ACTION: Approved as amended to correct the resolution to read "City of Newport News" instead of "Newport News Waterworks"

MOVER: Councilmember Will Moffett.
SECONDER: Councilmember Joseph H. Spencer, II.
7.12-0133Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY 2011 Competitive Emergency Management Performance Grant through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 5 and 7 and 8 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
8.12-0134Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the FY 2011 Competitive Emergency Management Performance Grant through the Virginia Department of Emergency Management.
ACTION: Approved items 1 through 5 and 7 and 8 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
9.12-0126Ordinance (a) Vacating Surplus Unimproved City Right-of-Way Known as Center Street aka Glebe Street Located Between East Mercury Boulevard, Woodland Road and Old Buckroe Road, Abutting a Portion of City Lot LRSN:12002200, and City Lots LRSN: 12002206, LRSN:12002212, LRSN: 12002215, LRSN: 12002216, LRSN: 12002217, LRSN: 12002218, LRSN: 12002207, and LRSN: 12002221, Containing 10,580 Sq. Ft., to be Subsumed into Said City Lots; (b) Declaring Old Buckroe Road and Woodland Road Variable Width Public Rights-of-Way; and (c) Dedicating to the City of Hampton for Public Right-of-Way Portions of City Lots, Abutting Woodland Road, Containing 31,225 Sq. Ft. for the Widening of Woodland Road, State Highway Project #U00-0-114-116, RW-201, and Old Buckroe Road from Woodland Road to East Mercury Boulevard, Containing 23,789 Sq. Ft.
ACTION: Approved items 9 and 10 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
10.12-0132Approval of the Minutes from the afternoon session of February 22, 2012; the afternoon session of March 14, 2012, he public comment session of March 14, 2012; and the evening session of March 14, 2012.
ACTION: Approved items 9 and 10 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
11.12-0121Ordinance to amend and re-enact chapter 18 of the Zoning Ordinance of the City of Hampton, Virginia entitled “General Provisions” by deleting sections 18-3 through 18-9, section 18-11, section 18-14 through 18-16, sections 18-18 and 18-19, and sections 18-21 through 18-24 in their entirety.
ACTION: Held Public Hearing - there were no speakers on this matter and item 12-0121 and 12-0122 were heard together.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
12.12-0122Ordinance to amend and re-enact chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia entitled “Zones and General Provisions” by adding sections 1-8 through 1-24 previously found in chapter 18 of the zoning ordinance.
ACTION: Held Public Hearing - there were no speakers on this matter and item 12-0121 and 12-0122 were heard together.
ACTION: Approved

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Vice Mayor George E. Wallace.
Resolutions
13.12-0127Resolution to Authorize the Acquisition, by Negotiation or Condemnation, of Right of Way Fee Takes From Portions of Three Commercial Parcels - 221 W. Pembroke Avenue (LRSN 2000777), 223 W. Pembroke Avenue (LRSN 2000776), and 227 W. Pembroke Avenue (LRSN 2000775) - for the Pembroke/Armistead Intersection Improvements, VDOT Project No. 0351-114-S06, P101, RW201, M501 (UPC-81441), City Project No. 07-005
ACTION: Held Public Hearing - there were no speakers on this matter.
ACTION: Presented by Mary Bunting. This item was also discussed during the afternoon work session.

The City Attorney, Cynthia Hudson, also responded to questions by Councilman Tuck with respect to title issues and payment of any existing judgments and liens.

Ayanna Williams, Right of Way Agent for Public Works, also informed City Council that one of the four parcels in question has been resolved so the Resolution can be amended.
ACTION: Approved as amended - removing 200 W. Pembroke Avenue (LRSN 2000841).

MOVER: Councilmember Will Moffett.
SECONDER: Vice Mayor George E. Wallace.
General Items
Appointments
14.12-0108to consider appointments to the Citizens Unity Commission
ACTION: Appointed Nashid S. Madyun in the place of Mark Board on the Citizens Unity Commission with a term expiring on June 30, 2015, and Gerard Williams in the place of Hector Cruz-Lopez with a term expiring on June 30, 2013; and appointed Tammy Trietch and Anthy L. Hall to their first full term on the Citizens Unity Commission with terms expiring on June 30, 2016.


MOVER: Councilmember Joseph H. Spencer, II.
15.12-0118to consider appointments to the Hampton Clean City Commission
ACTION: Appointed Shenelle Jones in the place of MacGyver Dallas to serve until December 30, 2013, and Brittany Sherrod in the place of Jarrett Moore to serve until January 31, 2016.

MOVER: Councilmember Joseph H. Spencer, II.
16.12-0136to consider appointments to the Mayor's Committee for People with Disabilities
ACTION: Appointed Mary Fountain in the place of Renee Edwards, David Braunbeck in the place of Sharon Warren, Alicia Griffin the place of Chris Farrow, Stephanie C. Stacy in the place of Christine Felts, Jane Hobbs in the place of Sam Tollett, and Ernest Ferguson in the place of Richard Turner all until October 30, 2013, and reappoint Paula Ogiba, Sara Ruch, Warren Mills, Barbara Stewart, and Larry Townsend until October 30, 2013, and reappoint Polly B. Simmons as an associate member along with appointing Deanne Noel and Lynn Lesko as associate members, and appoint Dr. Lisa Powers in the place of Sharon Warren as a City of Hampton Liaison, and Deanne Noel representing the United States Navy and Ursula Santiago representing Joint Base Langley Eustis all for terms expiring on October 30, 2013.

MOVER: Councilmember Joseph H. Spencer, II.
17.12-0137to consider appointments to the Hampton Redevelopment and Housing Authority
ACTION: Appointed Councilman Will Moffett and Councilman Joseph H. Spencer, II to the interview committee for this vacancy.

MOVER: Councilmember Joseph H. Spencer, II.
18.12-0138to consider appointments to the Hampton Parking Authority
ACTION: Appointed Jim Turner to his second term on the Hampton Parking Authority to serve until June 30, 2016.

MOVER: Councilmember Joseph H. Spencer, II.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  The City Manager made statements in response to some assertions made earlier this evening during public comment.

She stated that the staff does endeavor to respond to requests from citizens whether in writing, by e-mail or by telephone if the requests are not political in nature.

Ms. Bunting also shared information that the School Board and City Council members have held buddy meetings since the last City Council meeting and the City Manager’s recommended budget will be released this Friday and she is optimistic that the Governor's budget may provide additional funding for the schools which would allow them to balance their budget without the requested real estate tax increase.

She also indicated that there are not millions of dollars sitting around for use, as was asserted by some during public comment, and explained the difference in recurring funds and non-recurring funds. The City is required to have a healthy fund balance to maintain the City's AA+ bond rating.

Ms. Bunting also stated that it is a fact that none of the trustees received funds from the sale of Harbor Square and 100% of the proceeds went to the VHDA.
Miscellaneous New Business
Adjournment
  The meeting adjourned at 7:42 p.m.