Last Publish on 8/16/2007 11:37:43 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, August 15, 2007
7:28:20 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 - Paige V. Washington, Jr.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Kearney asked the City Attorney, Cynthia Hudson, to give a statement concerning the White Marsh development. The Council should not make any comment or have any discussion with respect to this issue since the matter is in litigation at this time.

The Mayor outlined the process which Council will use to fill the position created by Councilman Tignor's retirement which is effective on September 30, 2007. Letters of interest and resumes are to be filed with Katherine K. Glass, Clerk of Council, by noon on September 14, 2007. The information will be submitted to the members of Council on that date. Council will consider the replacement during their afternoon work session on September 26, 2007, and will appoint the successor during the evening session on September 26, 2007. Councilman Sapp clarified that Council will only consider those individuals who submit a letter and resume to the Clerk of Council.
CONSENT AGENDA
Consent Items - Second Reading
1.07-0388AN ORDINANCE TO AMEND THE CODE FOR THE CITY OF HAMPTON, VIRGINIA, BY ADDING THERETO A CHAPTER 13.1 ENTITLED "LAND DISTURBING OPERATIONS".
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
2.07-0389AN ORDINANCE TO REPEAL CHAPTER 13 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED EXCAVATING, FILLING AND SIMILAR OPERATIONS
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
3.07-0395AN ORDINANCE TO AMEND AND REENACT CHAPTER 12, SECTION 12-2 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “CENTRAL ABSENTEE VOTER PRECINCT”.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
4.07-0407ORDINANCE TO AMEND AND REENACT CHAPTER 24 ENTITLED "MISCELLANEOUS OFFENSES" BY ADDING THERETO A NEW SECTION 24-50 ENTITLED "AGGRESSIVE SOLICITING"
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
5.07-0408ORDINANCE TO AMEND AND REENACT CHAPTER 26, ENTITLED PARKS AND RECREATION SECTIONS 26-3, 26-4, 26-22, 26-28, 26-29, 26-30, 26-33, 26-37; AND TO REPEAL SECTION 26-25.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
6.07-0413AN ORDINANCE TO AMEND AND RE-ENACT NON-CODED ORDINANCE NUMBER 1038 SETTING THE TAX RATE ON REAL PROPERTIES IN THE CITY OF HAMPTON, VIRGINIA, FOR THE FISCAL YEAR BEGINNING JULY 1, 2007 AND ENDING JUNE 30, 2008.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
Consent Items - Other
7.07-0419Approval of Minutes from the Afternoon and Evening Council Meetings of July 18, 2007, and the Special Meeting of July 23, 2007.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
8.07-0436License Agreement between the City of Hampton and William Fuller, Jr., to grant permission to install Licensed Improvements in the Licensed Area located in the public lands adjacent to Bellwood Landing and commonly known as Newmarket Creek.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
9.07-0443Hampton Victim-Witness Assistance Program Grant
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
10.07-0444Hampton Adult Drug Treatment Court Grant
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
11.07-0450Homeless Intervention Program Grant
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
12.07-0446Resolution approving the City of Hampton, Virginia's acceptance and appropriation of the 2006 Citizen Corps Grant from the Department of Homeland Security, Office of Domestic Preparedness through the Virginia Department of Emergency Management.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
PRESENTATIONS, PROCLAMATIONS, AWARDS
13.07-0380Proclamation In Recognition of Peggy Mertz
ACTION: Presented by Councilwoman Leary to Peggy Mertz. Councilwoman Leary also presented a Commendation from the Virginia Senate. Frank Trevino of the Military Family Network also presented Mrs. Mertz with an award from President George Bush.
14.07-0440Proclaiming September 2007 as Childhood Cancer Awareness Month
ACTION: Presented by Councilman Paige V. Washington, Jr. to Anne Cherie Cannon, and the Cannon, Thorstad, Lawrence and Adkins families.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
15.07-0451Annual Report of the Hampton’s Youth Commission – FY 2007.
ACTION: Presented by Gregory Harrison, Anna Hogg, Michael Bock, and Brad Knight.
16.07-0447Back River Flooding and Shoaling Citizens Committee - Final Report
ACTION: Presented by Fred Whitley, City Engineer. The report was presented by Charlie Frazier on behalf of the committee.
PUBLIC HEARINGS
Rezonings - Second Reading
17.07-0401Zoning Ordinance Amendment to modify regulations as they relate to hotels, motels and apartment hotels.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
18.07-0435Rezoning Application #1245 by Mayer Sarfan to rezone one 6.20+/- acre parcel at the terminus of Benthall Road from One Family Residence District (R-13) to One Family Residence District (R-11) to allow up to twenty three (23) new single family homes. [LRSN: 11002678]
ACTION: Presented by Caroline Butler, Chief Planner. The applicant, Mayer Sarfan, also made a presentation.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Charles N. Sapp.
19.07-0437Rezoning Application #1253 by the City of Hampton to rezone six city-owned parcels at 1227, 1233, 1235, 1237, 1241 and 1245 Big Bethel Road from One Family Residence District (R-11) and Neighborhood Commercial (C-1) to Special Public Interest District- Public Land (SPI-PL) in order to align the zoning of the property with its intended use as an expansion of Sandy Bottom Nature Park. [LRSNs: 4004316, 4004315, 4004314, 4004313, 4004311, 4004312, respectively]
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
20.07-0439Zoning Ordinance Amendment by the City of Hampton to amend Chapter 14, Limited Manufacturing (M-1) District, to add schools as a permitted use, subject to securing a Use Permit.
ACTION: Held Public Hearing
ACTION: Approved on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Comprehensive Plan Amendment
21.07-0453Community Plan Amendment 013-2007 by the City of Hampton to amend the Hampton Community Plan (February 2006) by adopting the proposed Phoebus Master Plan.
ACTION: Presented by James Freas, Senior City Planner.
ACTION: Held Public Hearing
ACTION: Approved
General Items
Ordinances
22.07-0434ORDINANCE TO AMEND AND REENACT NON-CODED ORDINANCE #950, SECTION II AND SECTION III PERTAINING TO BAY DAYS, ADOPTED ON AUGUST 14, 2002.
ACTION: Moved to to waive second reading.

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Joseph H. Spencer, II.
ACTION: Adopted on First and Final Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
23.07-0438AN ORDINANCE TO AMEND AND RE-ENACT THE CODE OF THE CITY OF HAMPTON, CHAPTER 37 ENTITLED “TAXATION” IN ITS ENTIRETY, INCLUDING BUT NOT LIMITED TO, ADDING NEW SECTIONS 37-151.1, 37-155.01, 37-211, 37-278.1, 37-337.1 AND 37-344.1, RENUMBERING SECTION 37-212 AND REPEALING SECTIONS 37-149.1 AND 37-279.
ACTION: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
24.07-0445ORDINANCE AMENDING ORDINANCE NUMBER 1026 ENTITLED "ORDINANCE ESTABLISHING A SPECIAL ASSESSMENT FOR THE PENINSULA TOWN CENTER COMMUNITY DEVELOPMENT AUTHORITY AND AUTHORIZING A COLLECTION AGREEMENT WITH THE COMMUNITY DEVELOPMENT AUTHORITY'.
ACTION: Moved to waive second reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Charles N. Sapp.
25.07-0455AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, “ADMINISTRATION”, ARTICLE III, “OFFICERS AND EMPLOYEES GENERALLY”, SECTION 2-108 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED, “CRIMINAL HISTORY INVESTIGATIONS OF APPLICANTS FOR POSITION OF POLICEMAN AND FIREMAN”
ACTION: Deferred (9/12/2007)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
Resolutions
26.07-0452Resolution Authorizing the Transfer of $5,000,000 of General Improvement Bonds – Series 2005 Appropriations from Buckroe Property Acquisition-Schools to Buckroe Strategic Property Acquisition and Demolition.
ACTION: Deferred (9/12/2007)

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Angela Lee Leary.
27.07-0454Resolution Authorizing the Appropriation of $500,000 from Unappropriated Interest Earned on General Obligation Bonds in the City’s Capital Project Fund to Fund the Completion of the Streetscape and Other Improvements Along Coliseum Drive Between Pine Chapel and Mercury Boulevard – Coliseum Drive Streetscape Engineering Services Project No. 04-015.
ACTION: Adopted

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Appointments
28.07-0310to consider appointments to the Hampton Federal Area Development Authority.
ACTION: Deferred (9/12/2007)

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
29.07-0411to consider appointments to the Social Services Local Advisory Board.
ACTION: Reappointed Christopher G. Stuart and Jacqueline Tate to terms which will expire on August 31, 2011, and appointed Douglas F. Perry and Dr. Alvin Bryant to fulfill unexpired terms which will conclude on August 31, 2010.

MOVER: Councilmember Rhet Tignor.
30.07-0425to consider appointments to the Hampton Tourism Advisory Committee
ACTION: Appointed Councilman Spencer to succeed Councilman Tignor and appointed Councilman Washington as an alternate. These terms expire in August of 2010.

MOVER: Councilmember Rhet Tignor.
31.07-0426to consider appointments to the Golf Course Advisory Committee
ACTION: Reappointed Joe Sanzo, A. G. Womble and Julia Pace to terms expiring on August 31, 2010, and appointed Pat Minetti and Nellie Jo Yannarella to terms expiring on August 31, 2010.

MOVER: Councilmember Rhet Tignor.
32.07-0427to consider appointments to the Hampton Roads Regional Jail Authority
ACTION: Appointed Councilwoman Leary to replace Councilman Tignor and Councilman Spencer as the alternate. The terms will expire on August 31, 2010.

MOVER: Councilmember Rhet Tignor.
33.07-0429to consider an appointment to the Animal Control Advisory Board
ACTION: Appointed Meredith Hines as the SPCA representative to a term expiring on August 31, 2008.

MOVER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
  Several individuals spoke with respect to development in the White Marsh area of the city and wetlands preservation. Frank J. Ottofaro spoke about the taking of his property on Pine Chapel Road.
Miscellaneous New Business
  Councilwoman Leary asked the City Manager to look into possibly having a land conservancy in the White Marsh area. Vice Mayor Gilliland indicated that a Hampton Land Conservancy currently exists.

Councilman Washington spoke on behalf of Pete Vann and expressed his appreciation to Council for their kind thoughts.
Adjournment