Last Publish on 6/21/2007 2:19:35 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, June 20, 2007
7:29:44 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Joseph H. Spencer, II
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  The Mayor deferred his comments and asked Councilman Tignor to introduce his new wife, Catherine Tignor.
CONSENT AGENDA
Consent Items - Other
1.07-0315Resolution Designating BBC Audio Books America, as the Only Source Practically Available for the Purchase of Certain Books on Compact Disc for the Hampton Public Library
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
2.07-0329Resolution Determining Federal Engineering, Inc. to be the Only Source Practicably Available to Render Certain Advisory Services and Authorizing the Negotiation and Execution of a Services Contract with Federal Engineering, Inc.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
3.07-0330Designation of Cipher, an Information Technology Consulting Service Company Specializing in Strategic Research and Analysis, as the Only Source Practically Available for Implementation of SAP Strategy Management (formerly Pilot Works), a Performance Indicator Tracking Software Selected to Complement City’s Enterprise Architecture and Performance Tracking Efforts.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
4.07-0357Resolution Determining Ocean Systems to be the Only Source Practicably Available From Which to Procure for the Hampton Police Division a Forensic Video Analysis System and Authorizing the Negotiation and Execution of a Purchase Contract with Ocean Systems.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
5.07-0358Resolution Determining Kustom Signals to be the Only Source Practicably Available from Which to Procure Police Division In-Car Video System Upgrades and Authorizing the Negotiation and Execution of a Purchase Contract with Kustom Signals.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
6.07-0324Resolution Accepting and Appropriating the Smart Beginnings Blitz Grant.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
7.07-0332Resolution Accepting and Appropriating the Early Intervention Services for Infants and Toddlers with Disabilities and Their Families Contract Amendment and Any Related Supplemental Funding.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
8.07-0333A Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the 2007-2008 Comprehensive Community Corrections Act and Pretrial Services Act Grant Funding Program Through the Hampton-Newport News Criminal Justice Agency from the Virginia Department of Criminal Justice Services.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
9.07-0351Resolution Accepting and Approving Funds for the Hampton Clean City Commission from the Department of Environmental Quality, the Solid Waste Fund, the Stormwater Fund, and the General Fund.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
10.07-0366A Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Filtering Grant for the Hampton Public Library through the Library of Virginia.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
11.07-0337Resolution Approving Regional Sanitary Sewer Package consisting of 1) State Water Control Board Enforcement Action:  Special Order by Consent Issued to Hampton Roads Communities and HRSD, 2) Memorandum of Agreement for Regional Sanitary Sewer System Operation, Maintenance and Enhancement; and 3) Regional Technical Standards.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
12.07-0343Resolution Approving the Terms of a Cooperation Agreement Between the City of Hampton and the Fort Monroe Federal Area Development Authority and Authorizing the Execution Thereof.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
13.07-0328Resolution Setting a Stipend for the Members of the Board of Commissioners of the Hampton Redevelopment and Housing Authority and Increasing the Stipend for the Members of the Planning Commission.
ACTION: Moved to amend the motion to also include that the stipend for the members of the Planning Commission be increased from $100 to $150 each month.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
ACTION: Approved as amended

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
14.07-0359Resolution of the City Council of the City of Hampton, Virginia, Pursuant to Virginia Code Section 37.2-504.A.11 Authorizing the Hampton-Newport News Community Services Board to Incur Certain Borrowing Obligations.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
15.07-0338Amendment to the City Channel (Cox Channel 47) Station Operating Policy to Provide Greater Flexibility for Programming.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
16.07-0341Approval of the Minutes from the Special Afternoon and Evening Budget Meetings of May 2, 2007, the Afternoon and Evening Regular Meetings of May 9, 2007, and the Afternoon and Evening Regular Meetings of May 23, 2007.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
17.07-0344Request to Vacate Alley off of Magnolia Place by William R. Jennings and Jeanne G. Jennings.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
18.07-0331Resolution Authorizing the City Manager to Execute Agreements with the Virginia Department of Transportation - Big Bethel Road/Roberta Drive Intersection Improvements (Engineering Services Project No. 04-001) and Big Bethel Road/Joynes Road Intersection Improvements (Engineering Services Project No. 05-007)
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
19.07-0342Resolution Appropriating Funds in the Amount of $1,070,772 to the City's Capital Projects Fund for the Acquisition of 31 Freeman Drive, also known as the "Prince Property."
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
20.07-0348Resolution Increasing the Capital Projects Fund Estimated for FY07 and Establishing Estimated Revenues and Appropriations for the River Street Park.
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
21.07-0350Resolution Appropriating $21,054.96 from the VDOT Urban Construction Account – for Chesapeake Avenue Speed Humps - VDOT Revenue Sharing Reimbursement (Engineering Services Project No. 06-011)
ACTION: Approved consent agenda items 1 through 8, 10, 14 through 17, 20 and 21.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
22.07-0318In Recognition of Rufus B. Easter, Jr.
ACTION: Presented by Councilman Washington to Rufus B. Easter, Jr. Mr. Easter was accompanied by his wife, Evelyn.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
PUBLIC HEARINGS
Rezonings - Second Reading
23.07-0292Rezoning Application No.1224-D by the City of Hampton to rezone 5.69+/- acres from Special Public Interest - Buckroe (SPI-B) District to Special Public Interest – Public Land (SPI-PL) District to expand Buckroe Park.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
24.07-0293Zoning Ordinance Amendment to amend the boundaries of the Special Public Interest – Buckroe District (SPI-B) for the expansion of Buckroe Park.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
25.07-0304Rezoning Application No. 1240 is a request by the City of Hampton to rezone 84.01± acres at 100 Grundland Drive from One Family Residence (R-33) District to Special Public-Interest Public Land (SPI-PL) District. [LRSN: 10000604]
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
26.07-0305Rezoning Application No.1248 is a request by Marlyn Development and the Catholic Diocese of Richmond to amend the proffered conditions on 4.92+/- acres of property zoned Multiple Dwelling (MD-4) District at 211 Marcella Road. [LRSN 7001537]
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
27.07-0306Rezoning Application No. 1247 by L. M. Sandler and Sons, Inc. to rezone 11.5+/- acres from Limited Commercial District (C-2), Multiple Residence District (R-M), Multi-Dwelling District (MD-4), and One Family Residence District (R-11) to Multi-Dwelling District (MD-4) with nine (9) conditions to allow the development of up to 103 townhouse and stacked townhouse units within the H20 mixed, multi-family residential project in Coliseum Central.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
28.07-0353Rezoning Application No. 1249 by Beverly Longino to rezone .125 +/- acres at 508 Beach Road (LRSN: 10000323) from Neighborhood Commercial District (C-1) to One-Family Residence District (R-9) for the use of an existing single family home.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Vice Mayor Randall A. Gilliland.
Use Permit
29.07-0352Use Permit No. 1028 by Jessica Wright of Verizon Wireless to bring an existing 122' communications tower at 24 Skyland Drive into conformance and to allow co-locators. [LRSN 12004092]
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
30.07-0355Use Permit No. 1224: by the Hampton City Schools to construct a Pre-Kindergarten through Eighth Grade Public School at 3120 Victoria Boulevard (LRSN # 1006804).
ACTION: Presented by Terry O'Neill, Director of Planning, and Adanna Davis, City Planner. Jack Hastings of Moseley Architects and G. Victor Hellman, Jr., Chief Operations Officer of Hampton City Schools, also were present with information.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
Comprehensive Plan Amendment
31.07-0354Plan Amendment No. 012-2007 Kecoughtan Road Corridor Master Plan: Administrative issue to amend the Hampton Community Plan, adopted February 2006, by approving the proposed corrections to the 2006 Kecoughtan Road Corridor Master Plan.
ACTION: Presented by Constance Mason, City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
32.07-0356Community Plan Amendment No. 011-2007: North King Street Corridor Master Plan.
ACTION: Presented by Terry O'Neill, Director of Planning, and Constance Mason, City Planner.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
Other Public Hearings
33.07-0299Public hearing regarding the sale of approximately 1,625 sq. ft. of real property located at 100 Kings Way, Old Hampton, Block 6, being a portion of RPC 2002992, to Ambika Condo, L.L.C. pursuant to the authority set forth in §15.2-1800 of the Code of Virginia of 1950, as amended.
ACTION: Held Public Hearing
34.07-0345Resolution to Approve the Sale of Approximately 1625 sq. ft. of Real Property at 100 Kings Way Block 6, Being a Portion of RPC 2002992, to AMBIKA Condo L.L.C. and Authorizing the Execution of the Agreement of Purchase and Sale.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
35.07-0364Public Hearing Regarding the Withdrawal Of The City Of Newport News, Virginia From The Peninsula Stadium Authority.
ACTION: Held Public Hearing
36.07-0340Resolution Endorsing The Withdrawal Of The City Of Newport News, Virginia From The Peninsula Stadium Authority Effective July 1, 2007 With The Authority Continuing To Operate Thereafter Pursuant To The Public Recreational Facilities Authorities Act With The City Of Hampton, Virginia As Its Sole Member
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
General Items
Ordinances
37.07-0335AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 37, ARTICLE III, DIVISION 2 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED "PERSONAL PROPERTY TAXES" BY RENAMING DIVISION 2 AND ESTABLISHING A NEW PART B TO BE KNOWN AS "MOTOR VEHICLES OWNED AND REGULARLY USED BY DISABLED VETERANS.
ACTION: Adopted on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
38.07-0336AN ORDINANCE OF THE CITY OF HAMPTON, VIRGINIA, TO SET THE TAX RATE ON TANGIBLE PERSONAL PROPERTY, MOTOR VEHICLES SPECIALLY EQUIPPED TO PROVIDE TRANSPORTATION FOR PHYSICALLY HANDICAPPED INDIVIDUALS, MACHINERY AND TOOLS, PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY, PRIVATELY OWNED CAMPING TRAILERS AND MOTOR HOMES AS DEFINED IN SECTION 46.2-100 OF THE CODE OF VIRGINIA, IN THE CITY OF HAMPTON, VIRGINIA, AND MOTOR VEHICLES OWNED AND REGULARLY USED BY DISABLED VETERANS FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
39.07-0367Ordinance to Amend the Code of the City of Hampton, Chapter 37, Article II, Division 6, entitled “EXEMPTION OR DEFERRAL FOR ELDERLY AND DISABLED PERSONS” by Amending and Re-enacting Section 37-119 entitled “GENERAL PREREQUISITES TO GRANT; EFFECT OF TRANSFER OF DWELLING AS RESULT OF EMINENT DOMAIN AND OF RESIDENCY IN HOSPITAL, NURSING HOME, ETC.”
ACTION: Moved to waive second reading.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Adopted on First and Final Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
40.07-0368Ordinance to Amend the Code of the City of Hampton, Chapter 37, Article II, Division 6, entitled “EXEMPTION OR DEFERRAL FOR ELDERLY AND DISABLED PERSONS” by Amending and Re-enacting Section 37-123 entitled “AMOUNT OF EXEMPTION.”
ACTION: Moved to waive second reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Resolutions
41.07-0339Resolution Creating an Animal Control Advisory Committee.
ACTION: Adopted

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
42.07-0361Resolution Authorizing the Appropriation of $527,440.69 from the Economic Development Fund Balance to the Hampton Redevelopment and Housing Authority for the Draw Against the Line of Credit Extended to Olde Hampton Hotel Associates.
ACTION: Adopted

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
Appointments
43.07-0321to consider appointments to the Wetlands Board.
ACTION: Appointed Selvin "Rick" Walker to fulfill the unexpired term of Dr. James C. Haug until its expiration on December 13, 2010, and appointed David Bruckheimer to serve as an alternate to the board until December 13, 2009.

MOVER: Councilmember Rhet Tignor.
44.07-0334to consider appointments to the Citizens' Unity Commission.
ACTION: Reappointed Paula L. Bazemore, Terry Anita Gilliam, Sheri Reese, Genie Robinson, Harold Dehaven, Burley Gardner, Joseph Drewry, and Patricia Lay for terms commencing July 1, 2007, and concluding on June 30, 2011.

MOVER: Councilmember Rhet Tignor.
45.07-0360to consider appointments to the Hampton Arts Commission.
ACTION: Reappointed Erin K. Lazar and JoAnn Johnson for terms beginning July 1, 2007, and ending on June 30, 2010, and appointed Jim Stanley to a term beginning July 1, 2007, and ending on June 30, 2010.

MOVER: Councilmember Rhet Tignor.
46.07-0369to consider appointments to the Board of Review of Real Estate Assessments.
ACTION: Reappointed Duane Boone and appointed James E. Robinson, III to terms beginning July 1, 2007, and concluding on June 30, 2011.

MOVER: Councilmember Rhet Tignor.
47.07-0370to consider an appointment to the Building Code Board of Appeals.
ACTION: Reappointed Charlie Richardson to a term beginning on July 2, 2007, and ending on June 30, 2012.

MOVER: Councilmember Rhet Tignor.
48.07-0371to consider an appointment to the Cultural Alliance of Hampton Roads.
ACTION: Appointed Councilwoman Angela Lee Leary for a term commencing July 1, 2007, and ending on June 30, 2008.

MOVER: Councilmember Rhet Tignor.
49.07-0372to consider appointments to the Hampton Employee Retirement System Board (HERS).
ACTION: Reappointed James F. Cross and Capt. Rudolph Lewis to terms beginning July 1, 2007, and ending on June 30, 2009.

MOVER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
  Frank J. Ottofaro spoke about the taking of his property on Pine Chapel Road.

Mr. Albert Simpson requested curb and gutter on Heffelfinger Street.
Miscellaneous New Business
  Councilwoman Leary spoke about a drainage ditch which needs attention.
Adjournment