Last Publish on 7/20/2007 2:53:03 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, July 18, 2007
7:30:12 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 - Rhet Tignor
PLEDGE OF ALLEGIANCE TO FLAG -
MAYOR'S COMMENTS
  Mayor Kearney thanked Vice Mayor Gilliland for conducing the afternoon session of Council while the Mayor was attending the first meeting of the Hampton Roads Transportation Authority.

The Mayor also thanked the City Manager and staff along with Col. Jason Evans for their efforts in connection with the Founder's Day celebration and the raising of the flag at Fort Wool. He also complimented Jim Wilson on the festivities held at Buckroe Beach in celebration of the City's birthday.

Councilman Tignor read excerpts from a letter he gave the Mayor with respect to his decision to resign as a member of the Hampton City Council effective on September 30, 2007. Councilman Tignor thanked the citizens for the opportunity to serve.
CONSENT AGENDA
Consent Items - First Reading
1.07-0383Correction of an Appointment to the Citizens' Unity Commission.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
2.07-0384Request for Refunds of Erroneous Tax Assessments
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
3.07-0386Resolution Appropriating Donations from the Undesignated Fund Balance to the Hampton Division of Fire and Rescue for Donations Received by the Division During FY 06-07.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
Consent Items - Other
4.07-0375Resolution Appropriating $748,593 from the Capital Projects - Miscellaneous Revenue Account for Improvements to Mercury Boulevard in Front of the Peninsula Towne Center Development - Engineering Services Project No. 07-001
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
5.07-0376Resolution Designating Extra News Inc. as the Only Source Practically Available for the Purchase and Delivery of Daily News Publications for the Hampton Public Library System, including the Main Library and Three Branches.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
6.07-0387Resolution Determining Christopher Baker, M.D. to be the Only Source Practicably Available from Which to Procure Services as the Operational Medical Director for the Hampton Division of Fire and Rescue and Authorizing the Negotiation and Execution of a Purchase Contract with Christopher Baker, M.D.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
7.07-0390Approval of Minutes from the Afternoon and Evening Council Meetings of June 13, 2007 and June 20, 2007.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
8.07-0391Resolution accepting and appropriating funds for the FY2008 Comprehensive Services Act Pools Funds
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
9.07-0392 A Resolution approving the City of Hampton, Virgina's participation and appropriation of the Public Safety Answering Points (PSAP) Grant Program through the Commonwealth of Virginia, Virginia Wireless E-911 Services Board.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
10.07-0393A Resolution approving the City of Hampton, Virgininia's participation and appropriation ofthe Highway Safety Grants Program through the Commonwealth of Virginia, Division of Motor Vehicles.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
11.07-0394 A Resolution approving the City of Hampton, Virginia’s participation and appropriation of the Byrne/Justice Assistance Grant-Crime Analysis through the Federal Government, Department of Criminal Justice Services.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
12.07-0402Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Law Enforcement Terrorism Prevention Program Grant Through the Department of Criminal Justice Services.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
13.07-0404Resolution Rescinding Previous Resolution of May 23, 2007 Appropriating $125,000 from Storm Water Fund Balance to Assess Flooding and Shoaling Problems in Back River (Engineering Services Project No. 07-046) and Instead Appropriating $125,000 from Fund Balance for this Project.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
14.07-0406Resolution Approving the Terms of a Cooperation Agreement Between the City Of Hampton and the Hampton Military History Foundation and Authorizing the Execution of the Agreement
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
15.07-0409Resolution Approving the Location and Major Design Features of the the Big Bethel Road/Old Big Bethel Road Intersection Improvements Project and Granting Authority to the City Manager to Execute a City/State Agreement with the Virginia Department of Transportation for the Project - Engineering Services Project No. 01-003
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
16.07-0410Authorization to Submit the FY-2007-2008 Hampton Newport News Community Services Board Performance Contract to the State.
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
17.07-0416Resolution Authorizing the Advance of Up to $1,400,000 from the City’s General Fund to the City’s Capital Project Fund to Fund Strategic Property Acquisition in the Phoebus Area of the City and Declaration of Official Intent to Reimburse the General Fund from Future General Obligation Bond Proceeds
ACTION: Approved

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Paige V. Washington.
18.07-0417A Resolution Authorizing the Execution and Delivery of an Equipment Lease/Purchase Agreement and Related Instruments, and Determining Other Matters in Connection Therewith (to Finance the Lease Purchase of Golf Carts)
ACTION: Adopted on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
PRESENTATIONS, PROCLAMATIONS, AWARDS
19.07-0379Presentation of the Government Finance Officers Association Award for Excellence in Financial Reporting in Recognition of the City of Hampton's Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2006.
ACTION: Presented by Vice Mayor Gilliland to Karl Daughtrey, Director of Finance.
REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES
20.07-0418Report on Dredging Project Research
ACTION: Presented by Jesse T. Wallace, Jr., City Manager and Cynthia Hudson, City Attorney. Mayor Kearney allowed Jesse Wilkins to speak to the issue.
PUBLIC HEARINGS
Rezonings - Second Reading
21.07-0353Rezoning Application No. 1249 by Beverly Longino to rezone .125 +/- acres at 508 Beach Road (LRSN: 10000323) from Neighborhood Commercial District (C-1) to One-Family Residence District (R-9) for the use of an existing single family home.
ACTION: Held Public Hearing
ACTION: Approved

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
Rezonings - First Readings
22.07-0401Zoning Ordinance Amendment to modify regulations as they relate to hotels, motels and apartment hotels.
ACTION: Held Public Hearing
ACTION: Presented by Stephanie Mertig, Senior City Planner.
ACTION: Approved on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
Use Permit
23.07-0385Use Permit Application No. 1027 by Glen Hampton on Behalf of Cingular Wireless, Inc. to Permit a New 135’ Monopole Tower and Associated Compound at 3400 Victoria Boulevard. [LRSN: 1006580]
ACTION: Held Public Hearing
ACTION: Presented by Elizabeth Marotta, City Planner.
ACTION: Approved

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Angela Lee Leary.
24.07-0396Use Permit Application No. 1025: by Cingular Wireless to install a 180’ commercial communications tower at the Briarfield Fire Station on 1590 Briarfield Road. The property is zoned One-Family Residence District (R-11) and Heavy Manufacturing District (M-3) which permits a commercial communications tower with an approved Use Permit. [LRSN # 1000275]
ACTION: Held Public Hearing
ACTION: Presented by Remington Ham, City Planner.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Charles N. Sapp.
Comprehensive Plan Amendment
25.07-0400Community Plan Amendment 013-2007 by the City of Hampton to amend the Hampton Community Plan (February, 2006) by adopting the proposed Phoebus Master Plan (2007).
ACTION: Held Public Hearing - Dr. Fairfield A. Ward spoke concerning the relocation of the fire house.
ACTION: Presented by James Freas, Senior City Planner.
Ordinances - First Readings
26.07-0388AN ORDINANCE TO AMEND THE CODE FOR THE CITY OF HAMPTON, VIRGINIA, BY ADDING THERETO A CHAPTER 13.1 ENTITLED "LAND DISTURBING OPERATIONS".
ACTION: Held Public Hearing - Robert Duckett, Public Affairs Director of the Peninsula Home Builders Association expressed his appreciation to City staff for working with his group.
ACTION: Presented by Chuck Fleming, Senior Civil Engineer.
ACTION: Approved on First Reading

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Joseph H. Spencer, II.
Property Dispositions
27.07-0349PUBLIC HEARING regarding the granting of a temporary right of entry to a portion of a City-owned site located at 2315 Victoria Boulevard, known as the “Kenneth Wallace Neighborhood Resource Center” to the Kenneth Wallace Community Development Corporation (CDC) Board pursuant to the authority set forth in §§15.2-1800 and 15.2-2100 of the Code of Virginia of 1950, as amended.
ACTION: Held Public Hearing
ACTION: Presented by Lesa Yeatts, Assistant City Attorney.
ACTION: Approved

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
General Items
Ordinances
28.07-0335AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 37, ARTICLE III, DIVISION 2 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED "PERSONAL PROPERTY TAXES" BY RENAMING DIVISION 2 AND ESTABLISHING A NEW PART B TO BE KNOWN AS "MOTOR VEHICLES OWNED AND REGULARLY USED BY DISABLED VETERANS.
ACTION: Adopted on Second and Final Reading

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Paige V. Washington.
29.07-0336AN ORDINANCE OF THE CITY OF HAMPTON, VIRGINIA, TO SET THE TAX RATE ON TANGIBLE PERSONAL PROPERTY, VEHICLES WITHOUT MOTIVE POWER USED OR DESIGNED TO BE USED AS MANUFACTURED HOMES, MOTOR VEHICLES SPECIALLY EQUIPPED TO PROVIDE TRANSPORTATION FOR PHYSICALLY HANDICAPPED INDIVIDUALS, MACHINERY AND TOOLS, PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY, PRIVATELY OWNED CAMPING TRAILERS AND MOTOR HOMES AS DEFINED IN SECTION 46.2-100 OF THE CODE OF VIRGINIA, IN THE CITY OF HAMPTON, VIRGINIA, AND MOTOR VEHICLES OWNED AND REGULARLY USED BY DISABLED VETERANS FOR THE CALENDAR YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008
ACTION: Moved to amend an ordinance to set the tax rate on personal properties in the City of Hampton, Virginia for the calendar year beginning January 1, 2008 and ending December 31, 2008, adopted on first reading as follows:

Correct a clerical error changing the word "excluding" to "including"

Move to a separate category for taxation "vehicles without motive power used or designed to be used as manufactured homes"

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
ACTION: Moved to adopt an ordinance to set the tax rate on personal properties in the City of Hampton, Virginia for the calendar year beginning January 1, 2008 and ending December 31, 2008, on second and final reading as amended.


MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
30.07-0389AN ORDINANCE TO REPEAL CHAPTER 13 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED EXCAVATING, FILLING AND SIMILAR OPERATIONS
ACTION: Adopted on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Councilmember Angela Lee Leary.
31.07-0395AN 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: Adopted on First Reading

MOVER: Councilmember Paige V. Washington.
SECONDER: Vice Mayor Randall A. Gilliland.
32.07-0405ORDINANCE TO AMEND AND REENACT CHAPTER 7, ENTITLED BOATS, BEACHES AND WATERWAYS, BY AMENDING AND REENACTING SECTION 7-47, REPEALING SECTION 7-48, AND BY ADDING THERETO A NEW SECTION 7-53, ENTITLED PUBLIC BEACH HOURS
ACTION: Moved to waive second reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Vice Mayor Randall A. Gilliland.
ACTION: Moved to approve on first and final reading.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
33.07-0408ORDINANCE 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: Adopted on First Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Paige V. Washington.
34.07-0407ORDINANCE TO AMEND AND REENACT CHAPTER 24 ENTITLED "MISCELLANEOUS OFFENSES" BY ADDING THERETO A NEW SECTION 24-50 ENTITLED "AGGRESSIVE SOLICITING"
ACTION: Adopted on First Reading

MOVER: Vice Mayor Randall A. Gilliland.
SECONDER: Councilmember Rhet Tignor.
35.07-0413AN 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: Adopted on First Reading

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Paige V. Washington.
Appointments
36.07-0399to consider appointments to the Animal Control Advisory Board.
ACTION: Appointed Calvin Poole for one year, Gary Hicks for two years, Livingston (Liv) Whiting for three years, David Brinker, DVM, for one year, Mary Bunting for two years, and Brian Gooding, DVM for three years.
Other Items
37.07-0374Appeal of Denial of Application for Taxi Driver Permit by Albert D. Wilson, Jr.
ACTION: Presented by the appellant, Albert D. Wilson, Jr., and Lt. Kevin Banks of the Hampton Police Department.
ACTION: Moved to overturn the denial and grant the permit to Albert D. Wilson, Jr.

MOVER: Councilmember Joseph H. Spencer, II.
SECONDER: Councilmember Rhet Tignor.
  ACTION: Moved to authorize the Manager to proceed with the advertising process as he works out the details of how a future citizens budget review group, as discussed in the afternoon session, might work.

MOVER: Councilmember Charles N. Sapp.
SECONDER: Councilmember Angela Lee Leary.
Audiences Granted to the General Public
  Adrienne Withrow, a Mary Peake student, presented a petition expressing concern about wetlands destruction.

Several individuals expressed their concern about possible development in the White Marsh area of the city. A petition was also presented by Maurice Kleinman.

Steve Morales presented a petition requesting the Council approve the installation of pedestrian walkways or sidewalks along a portion of E. Little Back River Road.

Josh Clark spoke about the need for four-way stop signs at several intersections in the Foxbridge area.

Frank J. Ottofaro spoke concerning his property on Pine Chapel Road.

Shonda Sidney expressed her concern about crime in the Sweetbriar and Brittany Apartments. She also presented a petition.
Miscellaneous New Business
  Councilwoman Leary reminded citizens of several upcoming events and public meetings. She also reported on a recent meeting she attended with respect to changes to the Comprehensive Services Act and asked Council to support the completion of archiving the items from the King Street dig.
38.07-0420ORDINANCE TO REPEAL NON-CODED ORDINANCE #469 ADOPTED ON JANUARY 8, 1986, PROVIDING FOR PERSONNEL POLICIES, PROCEDURES, AND PROGRAMS IN THE CITY GOVERNMENT, AS AMENDED AND NON-CODED ORDINANCE #873 ADOPTED ON JULY 15, 1998, PROVIDING FOR PERSONNEL POLICIES, PROCEDURES AND PROGRAMS IN THE CITY OF HAMPTON (COMPLETE PERSONNEL MANUAL), AS AMENDED.
ACTION: Adopted on First and Final Reading

MOVER: Councilmember Rhet Tignor.
SECONDER: Councilmember Charles N. Sapp.
ACTION: Moved to wavie second reading.

MOVER: Councilmember Angela Lee Leary.
SECONDER: Councilmember Paige V. Washington.
Adjournment