Last Publish on 4/15/2011 2:05:28 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, April 13, 2011
7:15 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 7:15 p.m.
INVOCATION - Councilman Ross A. Kearney, II
  Councilman Kearney gave the invocation.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward announced that a special session of City Council will take place on Tuesday, April 26, 2011, at 5:30 p.m. to discuss the topic of access to Grandview Beach.

Councilman Stuart thanked the Mayor for calling the special session in that he had asked for the subject to be brought up under New Business but acknowledged that handling the matter in that fashion would allow staff to present information but not give the public the opportunity to speak.

Councilwoman Leary read a motion on the topic she had earlier communicated to the other members of Council:

Following the logic that has been presented, with the City as a lot owner, I, as a member of the governing body, make a motion to pursue a judicial relocation of the now physically impaired right-of-way as the situation at present leaves some lot owners without clear legal access to a public street. I move that the right-of-way be no less than 20' wide (VDOT uses 10' per lane), with the ROW beginning at the public street (cul-de-sac) and run south to the Salt Ponds Channel Bulkhead. The ROW will exclude any dunes (a tree just inside the entrance to the beach at White Marsh has a large dune behind it which trucks have repeatedly run over and uprooted some of the sea grass which should be replaced). This will allow all legal property owners access to the beach area. Such action will not make this a “public beach” as the City will not open their lot for public gatherings and there will be no services provided by the City in that area other than normal approved shoreline maintenance.

Councilman Tuck seconded her motion. Following a brief discussion, Councilwoman Leary withdrew her motion.
CONSENT AGENDA
Consent Items
1.11-0069Approval of the minutes from the evening of January 12, 2011; the evening of February 9, 2011; the public comment period of March 9, 2011; the evening of March 9, 2011; the special meeting of March, 23, 2011; and the spotlight on citizens and public comment period of March 23, 2011.
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
2.11-0078Resolution Accepting and Appropriating Donation Funds from the Undesignated Fund Balance to the Hampton Fire & Rescue Budget for Donations Received by Hampton Fire & Rescue from May 5, 2010 through March 22, 2011.
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
3.11-0079Resolution Accepting and Appropriating Restitution Funds from the Undesignated Fund Balance to the Hampton Fire & Rescue Budget for Restitution Received by Hampton Fire & Rescue from March 10, 2006 to August 16, 2010.
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
4.11-0080Resolution Approving Participation and Appropriation by the City of Hampton, Virginia of the 2011-2012 Foster Grandparent Program Through the Corporation for National and Community Service.
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
5.11-0081Resolution approving utility easements to Virginia Electric and Power Company (“Dominion Virginia Power”) for a 10’ x 150’ easement (totaling 1,500 square feet, more or less) in the City right of way at the intersection of Bellgrade Drive and Proposed Commander Shepard Boulevard Extension, and a 10’ x 165’ easement (totaling 1,650 square feet, more or less) in the City right of way at the intersection of Middle Road and Proposed Commander Shepard Boulevard Extension for the transmission and distribution of electric power.
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
6.11-0082Resolution Requesting Appropriation of Additional Funds to Extend Project Limits of ARRA Mercury Resurfacing Project from Big Bethel Road to Power Plant Way (Stimulus Funding)
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
7.11-0083Resolution Approving the City of Hampton, Virginia's Implementation of a Trap-Neuter-Release Program for the Free-Roaming Cat Population
ACTION: Approved - This item was removed from the consent agenda at the request of Councilwoman Leary to allow time for additional explanation.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
8.11-0084Resolution approving a utility easement to Virginia Electric and Power Company ("Dominion Virginia Power") for a 50' x 30' easement (totaling 1,500 square feet, more or less) in the City’s right of way adjacent to 1002 W. Mercury Boulevard (LRSN 7001164) for the transmission and distribution of electric power within the Coliseum Business Improvement District
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
9.11-0089Council approval of request for payment of surplus proceeds to Grace J. Johnson pursuant to City Code Section 37-31.
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
10.11-0108An Ordinance to Amend the Code of the City of Hampton, Virginia, by amending Chapter 2, Article 4, Section 2-134 entitled "Council approval prerequisite to acceptance of certain gifts to City; inventory of gifts."
ACTION: Approved items 1 through 6 and 8 through 10 on the consent agenda.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Christopher G. Stuart.
PRESENTATIONS, PROCLAMATIONS, AWARDS
PUBLIC HEARINGS
Rezonings
11.11-0075Ordinance to amend and reenact the Zoning Ordinance of the City of Hampton, Virginia by amending and reenacting sections 3-5, 3.1-6, 3.2-6, 3.3-6, 3.4-6, 4-5, 5-5, 6-5, 7-5, 8-5, 9-5, 10-2, 10-8(3), 10-19(3), 10-30(3), 10.1-2, 10.1-5, 12-1,13-1,15-1(1), 17.3-24(5), 18-4, 18-7, 19-1, and 19-2 by deleting the term “churches” and replacing with the term “religious facilities” as set forth in chapter 2.2-144 of the zoning ordinance.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Donnie R. Tuck.
12.11-0076Rezoning Application No. 1293-2011: Proposal by Hampton Redevelopment and Housing Authority to rezone 723 Old Point Avenue, a 0.17± acre parcel (LRSN 13002684), from One Family Residence District (R-9) to Multiple Dwelling District (MD-2) to permit a clubhouse in association with the adjacent Old Point Townhomes.
ACTION: Presented by Mike Hayes, Senior City Planner. At the request of Councilman Kearney, Mr. Hayes read the fourteen conditions.
ACTION: Held Public Hearing - there were no speakers on this item.
ACTION: Approved subject to fourteen (14) conditions.

MOVER: Councilmember Christopher G. Stuart.
SECONDER: Councilmember Ross A. Kearney, II.
Conditional Privilege
13.11-0077Conditional Privilege Application No. 116-2011: Proposal by Hampton Terra, LLC d/b/a Terra Restaurant and Bar, to provide live entertainment within an existing restaurant at 2330 McMenamin Street (LRSN 13002022).
ACTION: Presented by David Stromberg, City Planner.
ACTION: Held Public Hearing - Frank J. Ottofaro spoke.
ACTION: Approved subect to eleven (11) conditions.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
General Items
Resolutions
14.11-0087Authorizing the issuance of Convention Center Refunding Revenue Bonds of the City of Hampton in the maximum principal amount not to exceed $103,000,000 to refund all or a portion of the City's Convention Center Revenue Bonds, Series 2002, and providing for the form, details, documentation and payment of such bonds.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
15.11-0110Resolution Authorizing The Transfer Of Unexpended Appropriations Of $2,240,000 And $1,260,000 From The Two School Construction Project Accounts To The Hampton City Schools Maintenance And Major Renovations Projects Account
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Vice Mayor George E. Wallace.
16.11-0111Resolution Authorizing An Advance Of $4,890,000 To the School Maintenance And Major Renovations Account From The City’s General Fund Undesignated Fund Balance To be Returned to General Fund Undesignated Fund Balance From The Proceeds Of The City’s 2011 General Obligation Bond Series When Issued
ACTION: Approved

MOVER: Vice Mayor George E. Wallace.
SECONDER: Councilmember Christopher G. Stuart.
Appointments
17.11-0072to consider appointments to the Industrial Development Authority.
ACTION: Reappointed James R. Joseph and appointed Leonard Sledge for four year terms expiring on March 31, 2015.

MOVER: Councilmember Angela Lee Leary.
18.11-0073to consider appointments to the Thomas Nelson Community College Board of Trustees.
ACTION: Deferred (5/11/2011)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
19.11-0093to consider appointments to the Board of Review of Real Estate Assessment
ACTION: Reappointed James E. Robinson and appointed Thomas J. Parham to four year terms expiring on June 30, 2015.

MOVER: Councilmember Angela Lee Leary.
20.11-0094to consider appointments to the Building Code Board of Appeals
ACTION: Reappointed Larry Nisley for a five year term expiring on June 30, 2016. He is in a General Contractor position.

MOVER: Councilmember Angela Lee Leary.
21.11-0096to consider appointments to the Finance Committee
ACTION: Reappointed Michael Graves to a two year term expiring on March 31, 2013.

MOVER: Councilmember Angela Lee Leary.
22.11-0097to consider appointments to the Greater Peninsula Workforce Development Consortium
ACTION: Reappointed Councilman Stuart with Councilman Moffett as the alternate until June 30, 2012.

MOVER: Councilmember Angela Lee Leary.
23.11-0098to consider appointments to the Hampton Arts Commission
ACTION: Deferred (6/8/2011)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
24.11-0099to consider appointments to the Hampton-Newport News Community Services Board
ACTION: Reappointed Steven Brown and appointed B. J. Roberts to terms which will expire on June 30, 2014.

MOVER: Councilmember Angela Lee Leary.
25.11-0100to consider appointments to the Hampton Parking Authority
ACTION: Deferred (5/11/2011)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
26.11-0101to consider appointments to the Hampton Redevelopment and Housing Authority
ACTION: Reappointed Steven Brown and Walt Credle for four year terms expiring on June 30, 2015. Mayor Ward and Councilman Moffett will conduct interviews for the vacancy created by Frederick Bushey's resignation.

MOVER: Councilmember Angela Lee Leary.
27.11-0103to consider appointments to the Purchasing and Procurement Oversight Committee
ACTION: Deferred (5/11/2011)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Ross A. Kearney, II.
28.11-0104to consider appointments to the Hampton Social Services Local Advisory Board
ACTION: Appointed Sabrina Golden-Williams to fill the unexpired portion of a term which will expire on November 30, 2012.

MOVER: Councilmember Angela Lee Leary.
29.11-0106to consider appointments to the Virginia Alcohol Safety Action Program
ACTION: Reappointed Brenda Vaccarelli to a term to expire on June 30, 2014.

MOVER: Councilmember Angela Lee Leary.
30.11-0107to consider appointments to the Virginia Peninsula Disability Services Board
ACTION: Reappointed Sam Tollett to a three year term expiring on March 31, 2014.

MOVER: Councilmember Angela Lee Leary.
31.11-0112to discuss appointments to the Peninsula Agency on Aging Board of Directors.

REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
Miscellaneous New Business
Adjournment