Last Publish on 10/21/2005 10:03:47 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, September 28, 2005
7:36:20 PM
Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Turner M. Spencer, Rhet Tignor, Ross A. Kearney, II, Mayor
Staff:
Jesse T. Wallace Jr., City Manager
A. Paul Burton, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Given by Councilman Charles N. Sapp
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Councilman Gilliland and Councilwoman Leary outlined some of the activities which are taking place locally in connection with relief for the victims of Hurricane Katrina with specific reference to artwork by David W. Fuller which is displayed in Council Chambers and also the website: www.hamptonhelps.com.
  The Mayor extended his best wishes to Councilwoman Leary on her 42nd wedding anniversary.
  Councilman Tignor spoke on a Survivor's Fair to take place on Saturday, October 1, where individuals can get information on resources available to victims of Hurricane Katrina and also available to those who are sheltering such victims.
CONSENT AGENDA
Consent Items - First Reading
1.05-0418Resolution appropriating an amount not to exceed $5800 from the Contingency Fund to perform an archaeological survey on Fort Wool, as outlined in the scope of services dated September 8, 2005, to the City Managers Office
ACTION: Approved - Removed item from Consent Agenda - Councilwoman Leary requested that in the future when scope of services are mentioned in items before Council, Council be provided with copies of the information with their agenda packets.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Joseph H. Spencer, II.
2.05-0472Proposed acquisition of property, known as 1511 N. Armistead Avenue, from Tina D. Benchic.
ACTION: Approved - Removed item from Consent Agenda - Councilwoman Leary will provide the Clerk with additional background information to be included in the master meeting file.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Rhet Tignor.
3.05-0481Acquisition of easement from Emrose Hampton, LC., (Bojangles) on property located at 1599 Briarfield Road.
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
4.05-0500Acquisition of eight (8) fee right-of-way parcels from various property owners on Joynes Road.
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
5.05-0610Proposed acquisition of two parcels of property, known as 1614 Pembroke Avenue W and 1554 Pembroke Avenue W also known as 1554-1556 Pembroke Avenue W, from John T. Doran.
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
6.05-0611Proposed acquisition of property, known as 601 Armistead Avenue N, from G.B.’S Towing & Auto Repair, Inc.
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
Consent Items - Other
7.05-0335COPS 2005 Technology Grant
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
8.05-0340Department of Homeland Security, Office of Domestic Preparedness, through the Virginia Department of Emergency Management, Fiscal Year 2005 Citizen Corps Grant
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
9.05-0342Bulletproof Vest Partnership Grant 2005
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
10.05-0513Acceptance of Donation from L. Nelson Farley
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
11.05-0549Holiday Schedule, Calendar Year 2006
ACTION: Approved Items 3 through 11 on the Consent Agenda

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
PRESENTATIONS, PROCLAMATIONS, AWARDS
12.05-0568In Recognition of the First Civil Engineer Squadron, Langley Air Force Base.
ACTION: Read and Presented by Councilman Sapp to Lt. Col. Gregory Perkinson, Chris Stutt and James A. Freeman.
13.05-0565Proclamation in Recognition of the St. George Brewing Company, Winner of the 2005 Virginia Beer Cup for Excellence.
ACTION: Read and Presented by Vice Mayor Spencer to Bill Spence and Conor Halfpenny.
14.05-0598Proclaiming October as Disability Awareness Month.
ACTION: Read and Presented by Councilmember Leary to Shaun Smith, Vice Chairman of the Mayor's Committee on the Disabled.
15.05-0427Plaque Presentation to the Northampton Cheerleaders and Fair Distributing for their 2nd Year Contribution of Services to City of Hampton Employee Appreciation Cookout
ACTION: Read and Presented by Councilmember Gilliland to Brian Fair of Fair Distributing, representing the Northampton Cheerleaders.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
16.05-0534Presentation regarding the 2005 United Way Campaign.
Councilman Tignor made a few brief remarks concering the importance of supporting the United Way campaign.
17.05-0345Public hearing to review Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program performance and to obtain the views of citizens on housing and community development needs in the City of Hampton.
ACTION: Presented by Angelique Lenoir, Neighborhood Office.
18.05-0413Annual Report of the Neighborhood Commission
ACTION: Presented by Dan Seachord, Chairman of the Neighborhood Commission and Will Moffett, also of the Neighborhood Commission.
PUBLIC HEARINGS
Rezonings - Second Reading
19.05-0567Rezoning Application No.1213 by Claude Lym to rezone 0.67+/- acres fronting 205 +/- along the east side of Big Bethel Road beginning 510’+/- north of its intersection with Todds Lane from Neighborhood Commercial (C-1) District to General Commercial (C-3) District with conditions for the expansion of an existing self storage facility
ACTION: Adopted on Second and Final Reading subject to six (6) conditions.

MOVER: Vice Mayor Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
20.05-0579Rezoning Application No.1210 by Thomas Chandler to rezone 7.0+/- acres at 2809 North Armistead Avenue from One Family Residence (R-11) District to General Commercial (C-3) District for self storage units.
ACTION: Adopted as Amended on Second and Final Reading subject to three (3) conditions.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Angela Lee Leary.
21.05-0580Rezoning Application No.1211 by Frank Cotrupi to rezone 3.7+/- acres at 1343 Big Bethel Road from One Family Residence (R-11) District to General Commercial (C-3) District for self storage units and 6.4+/- acres Residential Transition (R-T) for an office.
ACTION: Adopted as Amended on Second and Final Reading subject to four (4) conditions.

MOVER: Councilmember Rhet Tignor.
SECONDER: Vice Mayor Joseph H. Spencer, II.
Ordinances - Second Reading
22.05-0589An Ordinance to amend and reenact Chapter 2 of the City Code of the City of Hampton, Virginia by creating a New Article XVI, Titled “ The “H2O Community Development Authority”.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Randall A. Gilliland.
SECONDER: Vice Mayor Joseph H. Spencer, II.
General Items
Appointments
23.05-0554Appointment to Peninsula Disability Services Board.
ACTION: Appointed Sam Tollett for a term to begin immediately and to expire on March 31, 2008.
24.05-0564Appointments to the Golf Course Advisory Committee.
ACTION: Appointed Charles Burcher to a term expiring on August 31, 2008, and Michele Benson to a term expiring on August 27, 2007.
25.05-0581Appointment to the Hampton Employees' Retirement System (HERS) Board.
ACTION: Appointed Captain Randolph Lewis of the Hampton Police Division to a term expiring on June 30, 2007.
26.05-0582Appointments to the Hampton Arts Commission.
ACTION: Appointed Bonnie Kelly, Nancy Rhode, Nancy Bagley Adams, and Gerome Meminger to terms which expire on June 30, 2008, and JoAnn Johnson to an unexpired term which expires on June 30, 2007.

27.05-0593Appointment to the Federal Area Development Authority
ACTION: Appointed John Quarstein to fulfill an unexpired term which concludes on May 30, 2006.
28.05-0594Appointment to the Social Services Local Advisory Board
ACTION: Appointed Charlotte Dillow to an unexpired term which concludes on August 31, 2009.
29.05-0533Appointments to Hampton Senior Citizens' Advisory Committee
ACTION: Appointed Al Scherrer and Lillian Johnson to terms expiring on September 9, 2009.
30.05-0602Appointment to the Hampton Clean City Commission.
ACTION: Deferred (10/12/2005) Will be reconsidered at the next Council meeting on October 12, 2005.
31.05-0604Appointment to Peninsula Agency on Aging, Inc.
ACTION: Deferred (10/12/2005)

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Angela Lee Leary.
32.05-0325Appointment to the Industrial Development Authority.
ACTION: Appointed Anne Shuford Haggett (CHECK SPELLING) to fill an unexpired term concluding on April 1, 2008.

MOVER: Councilmember Rhet Tignor.
33.05-0343Appointments to the Neighborhood Commission
ACTION: Appointed Karen Duncan (District 1), Jack Hall (District 5), Robin Carpenter (District 7), Thomas Southall (District 9), and James "Pete" Peterson as the City's representative.

MOVER: Councilmember Rhet Tignor.
34.05-0570Appointment to Building Code Board of Appeals
ACTION: Appointed Sherman Crawley to fulfill an unexpired term which concludes on July 1, 2008.

MOVER: Councilmember Rhet Tignor.
Other Items
35.05-0512Appeal of Refusal of Taxi Driver Permit
ACTION: Withdrawn by appellant.
AGENDA SUPPLEMENT
36.05-0309Addition of Division 7 entitled, "Fuel Charge" to the current City Code Chapter relating to vehicles for hire.
ACTION: Adopted as Amended on Second and Final Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Turner M. Spencer.
Audiences Granted to the General Public
  Teresa Roundy, 511 Smiley Road, spoke concerning Barnes Cemetery and bodies being disinterred with a permit but without a court order. She was accompanied by Marcellus A. Alsop of 205 Ranalet Drive. Carmen Taylor, 19 Janet Drive, also spoke on this issue about there not being an undertaker present at the time.

Joan Charles, 101 Madrid Drive, spoke generally on cemeteries and their historical significance.

Frank J. Ottofarro, 63 Wheatland Drive, spoke about the taking of his property at 11 Pine Chapel Road.



Miscellaneous New Business
  Mayor Kearney announced the appointments of David Braunbeck, Bonnie Hulton, Karen Jefferson, Donald E. Miller, Robert Owens Routten, Shaun Smith, Sam Tollett, Larry Townsend and Ethel Wilson to the Mayor's Committee on the Disabled.

Councilwoman Leary apologized to Mr. Alsop for the desecration of his mother's grave.

Councilwoman Leary also acknowledged the artwork displayed in the lobby of City Hall. The art was created by students at the following elementary schools: Bassett, Lee, Cooper, Merrimack and Wythe.
Adjournment