Last Publish on 10/26/2006 12:51:31 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, October 25, 2006
7:27:16 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 asked citizens to remember the family of Lee Chavis in their prayers. Lee, a graduate of Phoebus High School, recently lost his life while serving our country in Iraq.
CONSENT AGENDA
Consent Items - Second Reading
1.06-0569An Ordinance Providing for the Exoneration of Certain Taxes Assessed Against Monroe Apartment Corporation Located at Fort Monroe for the Fiscal Tax Year 2006/2007.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Consent Items - First Reading
2.06-0563Resolution authorizing the appropriation of $75,000 from the Economic Development Fund to the Industrial Development Authority of the City of Hampton, Virginia for professional service contracts.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
3.06-0602AN ORDINANCE TO AMEND CHAPTER 1 ENTITLED "GENERAL PROVISIONS," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
4.06-0603AN ORDINANCE TO AMEND CHAPTER 3 ENTITLED "ADVERTISING," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
5.06-0604AN ORDINANCE TO AMEND CHAPTER 4 ENTITLED "AMUSEMENTS," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
6.06-0605AN ORDINANCE TO AMEND CHAPTER 6 ENTITLED "BICYCLES," OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Adopted on First Reading - Councilman Tignor made an appeal to local parents to talk with their children about being safe while bicycling at night by wearing light clothing and preferably reflecting tape. Bicycles should also be equipped with lights and reflectors.

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
7.06-0608AN ORDINANCE TO AMEND CHAPTER 5 ENTITLED "ANIMALS," OF THE CITY OF HAMPTON, VIRGINIA.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
8.06-0624Resolution Appropriating Funds from the Equipment Replacement Fund Retained Earnings to the Equipment Replacement Fund Capital Outlay
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
9.06-0601Resolution approving FY07 First Quarter Budget Adjustments.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
10.06-0617Designation of Damuth Trane as the only source practically available for parts and service for Trane heating and air conditioning equipment in City facilities.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
11.06-0618Designation of Original Equipment Manufacturers or their designated vendors as the only source practically available for parts and service to various systems in the Steam Plant.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
12.06-0619Sole source request authorizing the City of Hampton Parks & Recreation Department to contract with the Cousteau Society, the Virginia Maritime Heritage Foundation, AMISTAD America, Inc., the Providence Maritime Heritage Foundation, and the Kalmar Nyckel Foundation for character vessels for the Explore Hampton 2007 Celebration.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
13.06-0625Approval of Minutes from the Afternoon and Evening Council Meetings of October 11, 2006.
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
14.06-0592Proposed acquisition of property, known as 206 Pine Chapel Road, from Bert Huggins, III and Jahi Huggins.
ACTION: Deferred (11/15/2006)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
15.06-0593Acquisition of sanitary sewer easement from Steve A. Bullock and Cheryl Lynne Wilt, on property located at 4 Winder Court
ACTION: Approved - items 1-5, 7-13, and 15 on the consent agenda.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
16.06-0613Proposed Acquisition of Surplus Land, known as 42 Barrack Street, from the Virginia Department of Transportation (VDOT).
ACTION: Deferred (11/15/2006)

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
PRESENTATIONS, PROCLAMATIONS, AWARDS
17.06-0560Proclamation in Recognition of Transitions Family Violence Services.
ACTION: Presented by Councilman Washington to Julia Campbell of Transitions Family Violence Services. Ms. Campbell made brief remarks thanking Council for the proclamation and Councilman Spencer shared some information he learned from his site visit earlier today.
18.06-0594Proclaiming the Month of October 2006 as Crime Prevention Month.
ACTION: Presented by Councilman Sapp to Lt. Kenneth Ferguson of the Hampton Police Division.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
19.06-0622Status Report of Explore Hampton 2007
ACTION: Presented by Judge Nelson Durden and Molly Durden, Honorary Co-Chairs of the Explore Hampton 2007 committee. Information was also provided by Joan Kennedy, Director of the Neighborhood Office and Facilitator for the committee.
20.06-0623Hampton Clean City Commission’s Yards Are Really Distinctive Places (YARDS) 2006 program report and presentation of Yard of the Year Award.
ACTION: Presented by Chris Barlett, Coordinator of the 2006 YARDS program, to Rita and Keith Bartlett, this year's winners. Councilman Tignor presented the framed award.
21.06-0626Annual Report from the Hampton Mayor's Committee for People with Disabilities
ACTION: Presented by Story Smith, Chair of the Mayor's Committee for People with Disabilities. The Mayor thanked Mr. Smith for his efforts with the committee.
22.06-0599Demonstration of On-Line Application Process for Boards, Commissions and Committees in Hampton.
ACTION: Presented by Katherine Glass, Clerk of Council, and Holly Nicely, Project Manager in Information Technology.
PUBLIC HEARINGS
General Items
Ordinances
23.06-0573Ordinance Establishing a Special Assessment for the Peninsula Town Center Community Development Authority and Authorizing a Collection Agreement with the Community Development Authority.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
24.06-0579An Ordinance to Amend and Re-Enact Chapter 14, Article I of the Code of the City of Hampton, Virginia, Entitled, ‘FIRE PREVENTION AND PROTECTION’, by Repealing Sections 14-6, 14-7, 14-8 and Adding Thereto New Sections 14-11 OPEN BURING PROHIBITED; EXCEPTIONS, 14-12 FIRES ON BEACHES PROHIBITED; EXCEPTIONS, 14-13 DAMAGING PROPERTY BY FIRE, 14-14 FIREWORKS AND PYROTECHNIC DISPLAYS PROHIBITED; EXCEPTIONS.
ACTION: Adopted on Second and Final Reading - Councilman Spencer's motion was to adopt this ordinance on second reading with the following amendment to Section 14-14:

1) Strike the word "sparkler" from paragraph (a), and;

2) Add the following as a second sentence to paragraph (b):

"The provisions of this section shall not apply to sparklers when used or ignited by an adult or a minor under the supervision of an adult."

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
Resolutions
25.06-0621Carousel Park Retail Development
ACTION: Presented by James Eason, Director of Economic Development, and Terry O'Neill, Planning Director.
26.06-0606Resolution to authorize the execution of a Declaration of Restrictive Covenants over a portion of Mill Point Park in exchange for a release of a deed restriction imposed over a portion of Carousel Park by the Virginia Department of Conservation and Recreation.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
Contracts and Agreements
27.06-0611Vacation and Relocation Agreement between the City of Hampton, Virginia, and Hampshire Glen, LLC., a Virginia Limited Liability Company.
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Joseph H. Spencer, II.
Appointments
28.06-0596to consider appointments to the Hampton Tourism Advisory Committee.
ACTION: Reappointed Todd Bridgford, Dr. Kanata Jackson and Rick Bagley to their second three-year terms which will expire on October 31, 2009.

MOVER: Councilmember Angela Lee Leary.
29.06-0600to consider appointments to the Coliseum Citizens Advisory Committee.
ACTION: Reappointed Lynne Hutton and Greg Lawson to a second three year term which will expire on November 30, 2009. Appointed James E. Hinton to his first three year term which will expire on November 30, 2009.

MOVER: Councilmember Paige V. Washington.
30.06-0612to consider reappointment of three members to Hampton's Community Policy and Management Team, and the appointment of one new member.
ACTION: Reappointed Mary Bunting, Chuck Hall, Mike Morton, Dr. William Berg, Walter Credle and Sharon Warren. This matter will be considered at the November 15, 2006, Council meeting concerning the appointment of additional members to two year terms.

MOVER: Councilmember Paige V. Washington.
31.06-0628to consider an appointment to the Hampton Senior Citizens Advisory Board.
ACTION: Appointed Jackie Tate and Clarice Jackson to four year terms which will expire on October 31, 2010.

MOVER: Councilmember Angela Lee Leary.
32.06-0635Motion to appoint Janice Gentry as a member emeritus of the Hampton-Newport News Community Services Board.
ACTION: Appointed Janice Gentry as a member emeritus of the Hampton-Newport News Community Services Board.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
33.06-0633Buckroe Master Plan - Parking
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Vice Mayor Randall A. Gilliland.
34.06-0595Proposed acquisition of property, known as 1701 Kecoughtan Road, from Joseph J. Stellute, Frederick C. Johnson and Lawrence J. Familant.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
35.06-0634Designation of David Mumford of the Mumford Company as the only source practically available for consultation services in connection with economic development decisions with respect to the Radisson Hotel - Hampton.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
Audiences Granted to the General Public
Miscellaneous New Business
  Councilwoman Leary indicated that she would like to see an engineering report on dredging. She also mentioned a dangerous condition she witnessed in Grandview where the operator of a golf cart had on dark clothing.
Adjournment