Last Publish on 3/11/2010 4:44:25 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, March 10, 2010
7:01:26 PM
Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward, Mayor
Staff:
Mary Bunting, City Manager
Cynthia Hudson, City Attorney
Katherine K. Glass, Clerk of Council

CALL TO ORDER/ROLL CALL
INVOCATION - Councilman Paige V. Washington, Jr.
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Ward announced that items 11, 12, and 13 were being withdrawn by staff.

She announced that Dr. William Harvey, the President of Hampton University, was present and invited him to address Council. Dr. Harvey shared that President Obama will be visiting Hampton University for commencement on May 9, 2010, and he will ask that President Obama acknowledge Hampton's 400th anniversary. He continued to talk about the power of partnerships between universities and cities being economic drivers. Dr. Harvey shared information on the University's Proton Center and its potential as an economic driver.

Councilman Gilliland thanked Dr. Harvey for his commitment and stressed that the linkage between research and economic development is critical. Vice Mayor Spencer thanked Dr. Harvey for his leadership, vision and partnership with the City. Councilman Washington shared his experience from a recent Town and Gown meeting where it was stated that our Proton Center will be the largest so far. Councilman Wallace shared that on March 27th at the Downing Gross Center in Newport News will be an informational session on prostrate cancer. Councilwoman Leary thanked Dr. Harvey for his help with many projects over the years. Councilman Kearney thanked Dr. Harvey for raising the degree of athletic competition at Hampton University over the years. He stated that it helps our community pride.
CONSENT AGENDA
Consent Items
1.10-0092Approval of Minutes from the Work Session, Public Comment Period and Evening Meetings of the Hampton City Council held on February 10, 2010, and from the Work Sessions held on February 24, 2010.
ACTION: Appointed - items 1 and 2 and 4 through 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
2.10-0088Resolution Approving Participation and Appropriation by the City of Hampton, Virginia of the 2010-2011 Foster Grandparent Program Through the Corporation for National and Community Service
ACTION: Appointed - items 1 and 2 and 4 through 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
3.10-0093Resolution Approving FY10 Second Quarter Budget Adjustments
ACTION: Approved - At the request of Councilwoman Leary, Ms. Bunting provided additional detail on this item.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
4.10-0094Resolution of the City Council of the City of Hampton, Virginia, Approving the Creation of HRHA-Patterson Crossing, LLC and Hampton-Patterson Crossing, LLC.
ACTION: Appointed - items 1 and 2 and 4 through 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
5.10-0096Ordinance to amend and reenact Chapter 14 of the Code of the City of Hampton, Virginia, entitled “Fire Prevention and Protection”, Article V entitled “Hazardous Materials”, Section 14-86 entitled “Establishment of revolving account” to update a state code reference.
ACTION: Appointed - items 1 and 2 and 4 through 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
6.10-0097Resolution Determining Play & Park Structures to be the Only Source Practicably Available from which to Procure Replacement Parts for Playground Equipment and Authorizing the Negotiation and Execution of a Purchase Contract with Play & Park Structures c/o Southern Playground as “Sole Source.”
ACTION: Appointed - items 1 and 2 and 4 through 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
7.10-0100Resolution Determining Sparks@Play c/o Landscape Structures to be the Only Source Practicably Available from which to Procure Replacement Parts for Playground Equipment and Authorizing the Negotiation and Execution of a Purchase Contract with Site Concepts as “Sole Source”
ACTION: Appointed - items 1 and 2 and 4 through 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
8.10-0101Resolution Determining Site Concepts c/o Miracle Recreation Equipment Company to be the Only Source Practicably Available from which to Procure Replacement Parts for Playground Equipment and Authorizing the Negotiation and Execution of a Purchase Contract with Site Concepts as “Sole Source”
ACTION: Appointed - items 1 and 2 and 4 through 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
9.10-0102Resolution of the Council of the City of Hampton, Virginia Confirming the Termination of Local Emergency Necessitated by the "2010-01 January Snow Storm" Declared by the Hampton Emergency Management Director on January 29, 2010
ACTION: Appointed - items 1 and 2 and 4 through 9 on the consent agenda.

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Randall A. Gilliland.
PRESENTATIONS, PROCLAMATIONS, AWARDS
10.10-0103Girl Scout Week Proclamation
ACTION: Presented by Councilman Kearney to Rose Miner, Girl Scout Ambassador, and Melissa Burroughs, Board Member of the Girl Scout Council of the Colonial Coast. Miss Miner and Ms. Burroughs made brief remarks.
PUBLIC HEARINGS
Rezonings
11.10-0056Zoning Ordinance Amendment, Chapter 10.2, MU-CO: Mixed Use: Commercial Overlay District.
ACTION: Withdrawn
12.10-0057Zoning Ordinance Amendment, Chapter 10, MD-4: Mixed Dwelling District.
ACTION: Withdrawn
13.10-0058Zoning Ordinance Amendment: Chapter 7.1, R-4 District - One Family Residence District.
ACTION: Withdrawn
Resolutions
14.10-0075Resolution authorizing the execution of a lease for an 85' x 90' parcel of City owned land and the grant of (a) a 36,174.80 sq. ft. ingress/egress easement and (b) a 10,404.4 sq. ft. utility easement, over City owned property located at 901 E. Little Back River Road to ALLTEL Communications, LLC d/b/a Verizon Wireless, for a power equipment compound and cell tower.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - Frank J. Ottofaro questioned the amount of the lease payments and the length of the lease.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Ross A. Kearney, II.
15.10-0095Resolution approving the conveyance of three city parcels of land described as: 900 Queen St., LRSN 2000257 containing approximately 0.3444 ± acres, 912 Queen St., LRSN 2000256, containing approximately 0.2000 ± acres, and LRSN 2001170, Shields Little England L32D.PCD on Settlers Landing Rd. to the Hampton Redevelopment and Housing Authority and authorizing the City Manager to execute the Agreement of Sale.
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Held Public Hearing - there were no speakers on this item. Councilwoman Leary inquired as to the assessed values of the three properties which were reported by Vanessa Valldejuli, Senior Deputy City Attorney, as $51,000.00; $34,900.00; and $68,000.00.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
General Items
Resolutions
16.10-0083Resolution Appropriating $1,000,000 from Designated Fund Balance and Transferring $294,625 into the IDA Fund for a Contribution to Hampton University for Research and Economic Development Initiatives.
ACTION: Presented by Mary Bunting, City Manager, and James A. "Pete" Peterson, Assistant City Manager. This item was considered by Council out of order during Mayor's Comments.
ACTION: Approved

MOVER: Councilmember Ross A. Kearney, II.
SECONDER: Councilmember Joseph H. Spencer, II.
17.10-0105Resolution Authorizing the City Manager to Offer a Retirement Incentive Program and Appropriating an Amount Not to Exceed Three Million Dollars ($3,000,000.00)
ACTION: Presented by Mary Bunting, City Manager.
ACTION: Approved as amended - the City Attorney indicated that a change of date needs to occur in the resolution from June 30, 2010, to August 1, 2010.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember George E. Wallace.
Appointments
18.10-0086to consider appointments to the Hampton-Newport News Community Services Board
ACTION: Reappointed Leroy Branch to his second term which will expire on June 30, 2013, and Sarah (Sallie) Marchello to her third term, which will also expire on June 30, 2013.

MOVER: Councilmember Angela Lee Leary.
19.10-0089to consider appointments to the Industrial Development Authority
ACTION: Reappointed Perry Pilgrim to his second term which will expire on March 31, 2014, and appointed Ben Williams to his first term which will expire on March 31, 2014.

MOVER: Councilmember Angela Lee Leary.
20.10-0106to consider appointments to the Parks and Recreation Advisory Board.
ACTION: Reappointed William E. “Willie” Brown and Ted Parr to their second full terms which will expire on March 31, 2014, and that we appoint Robert Shuford to his first full term which will expire on March 31, 2014, and that we appoint L’Allegro Smith as a youth member of the board with his term expiring upon his graduation from high school;

MOVER: Councilmember Angela Lee Leary.
21.10-0108to consider appointments to the Debt Set-Off Review Panel
ACTION: Reappointed John P. Vann and Cynthia Hudson to their second terms and appointed James A. “Pete” Peterson to a first term, all of which will expire on March 31, 2013.

MOVER: Councilmember Angela Lee Leary.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
  Ms. Bunting reported that she will be forming a committee to work on both honoring Dr. Martin Luther King, Jr. and also various Hampton heroes. She announced her appointees to this committee as follow: Martha Ailor, Greg Bane, Steve Brown, Billy Hobbs, Lillie Johnson, Li Mae Jones, Gaylene Kanoyton, Ruthann Kellum, Moses Meadows, Jimmy Phillips, John Quarstein, Dr. Turner Spencer, Dr. Martha Tennille, William Tucker, Dr. Richard Wills, Dr. Charles Wooding, and Charlie Wornom. Councilman Washington will be the Council liaison and staff support will come from John Eagle, Assistant City Manager; John Johnson, Director of the Citizens Unity Commission; and John Quarstein, Historian.

Ms. Bunting also reported that she followed up with Mr. Peters about flooding in Riverdale and she reported that the property which was to be occupied by Value Place is now owned by and in control of the City so no development will take place.

In response to an inquiry from Joan Charles, Ms. Bunting also explained the new public comment period and the fact that citizens who cannot be heard during the 6 p.m. session will be heard at the 7 p.m. session.

Pat Wray is compiling information on drainage maintenance and Ms. Bunting will plan a meeting with Riverdale residents to address their concerns.

Ms. Bunting also reported meeting with Andy Bigelow and the consultant on the FEMA issues which was very positive.

Ms. Bunting also shared that there are two Council meetings each month except for during the summer months and months with major holidays.

Ms. Bunting met with Martha Bauer and others on the dredging of the Hampton River. There have been inquiries about extending the deadline from March 16th but she is unable to do so due to the timeline required for her to present Council with a proposed budget. One accommodation was made for engineering work since that is financed entirely by the citizens so the deadline for that can be extended to mid-April.

Ms. Bunting asked Cynthia Hudson, City Attorney, to address the lawsuit with respect to the Parade of Homes. Ms. Hudson explained why the development is allowed to proceed and explained the vested rights doctrine. Ms. Bunting also clarified that the property being developed is not on the beach but rather several blocks back and a portion of it was formerly occupied by Todd's Cottages and was specifically acquired by the City for redevelopment.

Ms. Bunting shared that, in connection with the proposed Circuit Courthouse, the Virginia Court guidelines have been complied with and there is an executive summary or the entire report available for Council to review.
Miscellaneous New Business
  Councilman Kearney spoke on the reports previously provided by Councilwoman Leary with respect to form-based Codes. He had several questions for Councilwoman Leary for the record and provided her with his questions.

Councilman Gilliland shared his thoughts that there is no such thing as a perfect citizen engagement process and that there are infinite variables. He suggested that Council engage some of the experts on these new ideas.

Councilwoman Leary stated that she will be attending the National League of Cities Congress of Cities and shared information on the organization. She has been assigned to the Human Development Steering Committee.
Adjournment