City of Hampton, VA 22 Lincoln Street Meeting Minutes Hampton, VA 23669 City Council

City of Hampton, VA 22 Lincoln Street Meeting Minutes Hampton, VA 23669 www.hampton.gov City Council

Randall A. Gilliland Joseph H. Spencer, II Ross A. Kearney, II George E. Wallace Angela Lee Leary Paige V. Washington, Jr. Molly Joseph Ward, Mayor

Staff: J. B. Oliver, Jr., Interim City Manager Cynthia Hudson, City Attorney Katherine K. Glass, Clerk of Council Brenda J. Vaccarelli, Deputy Clerk

Wednesday, December 9, 2009 6:52 PM Council Chambers, 8th Floor, City Hall

CALL TO ORDER/ROLL CALL Molly Joseph Ward presided Present: Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr.

INVOCATION - Councilwoman Angela Lee Leary

PLEDGE OF ALLEGIANCE TO FLAG

MAYOR'S COMMENTS

1. 09-0511 Motion to appoint Mary Bunting as City Manager.

Mayor Ward stated she would like to address two items under Mayor’s Comments. She said the two most important things a City Council does is enact a budget and select a City Manager and she is very pleased and proud to announce that they have selected Ms. Mary Bunting to be the next City Manager. Mayor Ward said she doesn’t need to say much else but they had a professional search, an interview process, Council deliberations and they are very grateful that they can select Ms. Bunting. She said Ms. Bunting is a gifted leader and a dedicated public servant. Mayor Ward said Ms. Bunting has a wonderful resume and for provided details for those who were not familiar with it. Mayor Ward stated that Ms. Bunting has a Bachelor of Arts from Johns Hopkins University, and a Masters in Public Administration from the Maxwell School of Citizenship and Public Affairs at Syracuse University, one of the best schools in the country. She graduated from the Executive Leadership Program at the University of Virginia and is a graduate of the Strategic Human Resources Management for Executives Course at Harvard, and she is also a graduate of the Federal Executive Institute. Mayor Ward added that Ms. Bunting has been an International City/County Management Association (ICMA) accredited manager since 2003, and received the G. Robert House Award for Outstanding Public Administrator in Hampton Roads when she was under 35. Mayor Ward noted that Ms. Bunting has been with the City of

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Hampton since 1990, but not before she spread her wings doing many internships including the City of Phoenix, Arizona, the United States Senate, the City of Norfolk, James City County and Baltimore, Maryland. Mayor Ward said that although Ms. Bunting is a graduate of our own Hampton City Public Schools, they are very grateful she decided to come home and serve her hometown. She said it is a real tribute to Hampton that Ms. Bunting decided to come home and serve Hampton so well.

Mayor Ward said the City will kick off its 400th birthday in 2010 and the City will face one of its most difficult budget cycles probably in the history of the City. She said Ms. Bunting will have an enormous task ahead of her and Council is grateful she is willing to take on the job. Mayor Ward thanked each one of her fellow Council members for their patience and for bringing this process to a conclusion. She especially thanked them for their insight, time and professionalism during the process. Mayor Ward also extended a very warm and grateful thanks to Mr. James B. Oliver, Jr., who has served as the City Manager for the last six months. She said he has been both a mentor and a colleague and a huge help to all of Council. She said he has taken them to new heights and to almost every corner of the City in a very short period of time. She said it has been a gift to Council, the citizens and staff to have Mr. Oliver with the City. Mayor Ward said Mr. Oliver will be missed.

Councilwoman Leary asked Mayor Ward if she was going to allow remarks from Council. In response, Mayor Ward said certainly.

Councilwoman Leary congratulated Ms. Bunting. Councilwoman Leary said she wanted the public to know that Council received a letter of support from the City Constitutional Officers: B. J. Roberts, Sheriff; Ms. Linda Curtis, Commonwealth’s Attorney; Mr. Ross Mugler, Commissioner of the Revenue; and Mr. Robert Williams, Treasurer, in favor of Ms. Bunting. Councilwoman Leary said in 50 years in public service she has never abstained from a vote, but if she votes no she sends the wrong message. She said if she abstains it was the Council process that she felt was lacking. Councilwoman Leary said Thomas Jefferson made the remark “an ounce of example is worth a pound of advice.” Therefore, she won’t give this City Manager any advice, but she will give her full support.

Councilman Wallace said he will also abstain. He said he has his own personal reasons for abstaining in this particular process. He said he mentioned to his peers that he was not going to make any comments relative to the situation, but based on what Mayor Ward was talking about, Ms. Bunting’s glowing records, etc. Councilman Wallace said he has had a history of working with Ms. Bunting and has mentored her on many occasions. He said he knows she is a very proficient and very capable young lady in terms of being able to manage this community. He said he, too, will support her if she is affirmed as the City Manager of this particular community, but for various and sundry reasons, including the process and other factors he will abstain. Councilman Wallace said he will not vote against her, but he will abstain from taking a vote in this action.

Councilman Washington said he had reservations about whether or not he wanted to cast a vote for Ms. Bunting and his reasoning was the fact that when the interviews came about, as an employee of Hampton University, they had the NCAA auditors on board at that time, and my attention and personal being needed to be there on campus as a department head to assist and to provide whatever necessary information was needed from his department. Councilman Washington said it was a tough decision for

City of Hampton, VA Page 2 of 44 Printed on 1/25/2010 City Council Meeting Minutes him to make, but he has come to the conclusion that he will support Ms. Bunting in her efforts because he has worked with her so many years and he knows the talent that she brings to the table and he looks forward to working with her as the City goes forward. He said at this point he will yes.

APPROVED Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Randall A. Gilliland Ayes: 5 - Randall A. Gilliland, Ross A. Kearney, II, Joseph H. Spencer, II, Paige V. Washington, Jr., Molly Joseph Ward Abstain: Angela Lee Leary, George E. Wallace Nays: 0

2. 09-0512 Motion authorizing the City Attorney to negotiate, and the Mayor to sign, a contract of employment with Mary Bunting as City Manager effective on January 1, 2010, on terms that include (1) salary and benefits that are generally comparable in nature and amounts to those of the two most recent Hampton city managers; and (2) a severance pay provision providing for enhanced severance in the event of termination without cause in the first two years of employment.

Mayor Ward asked for a motion regarding Ms. Bunting’s contract.

Councilman Kearney moved that Council authorize the City Attorney to negotiate, and the Mayor to sign a contract of employment with Ms. Bunting as City Manager effective January 1, 2010, on terms that include, salary and benefits that are generally comparable in nature and amounts to those of the two most recent Hampton City Managers; and a severance pay provision providing for enhanced severance in the event of termination without cause in the first two years of employment. Councilman Kearney said these details will be given to the public and to the press when they are ready.

Councilman Wallace said he would like to make one other comment. He said he is going to support the contract of Ms. Bunting as the City Manager. He said it is a little bit more liberal than the prevailing standard for the industry but on the basis of these particular circumstances he is going to support this and he votes aye.

APPROVED Motion made by: Councilmember Ross A. Kearney, II Seconded by: Councilmember Paige V. Washington, Jr. Ayes: 7 - Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward Nays: 0

CONSENT AGENDA

Consent Items

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3. 09-0491 Approval of Minutes from Special Meetings of the Hampton City Council held on November 12, 2009, November 20, 2009, and December 3, 2009, and from the Afternoon and Evening Meetings held on November 18, 2009.

APPROVED items 1 and 3 through 6 on the consent agenda. Motion made by: Councilmember Paige V. Washington, Jr. Seconded by: Councilmember Joseph H. Spencer, II Ayes: 7 - Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward Nays: 0

4. 09-0493 Resolution Approving Stafford Electric Heating and Air Conditioning to be the Only Source Practicably Available from which to Procure AirMation Diesel Exhaust Capture Systems and Authorizing the Negotiation and Execution of a Purchase Contract with Stafford Electric Heating and Air Conditioning as “Sole Source” for Installation of the Diesel Exhaust Capture System

WHEREAS, Hampton, Virginia City Council recognizes the public interest in providing the most efficient and cost-effective means reasonably available and affordable for the installation of AirMation Diesel Exhaust Capture Systems for the City’s fire stations; and

WHEREAS, the diesel exhaust removal system filters apparatus exhaust fumes in the engine bay by utilizing four filters and a blower motor in a ceiling-hung unit. This unit is necessary to ensure a healthy environment for fire personnel. Currently, the only way to dispose of these toxic fumes is by opening the engine bay doors, thus exposing the bay and its contents and personnel to the outside elements while losing heat or cool air conditioning through open bay doors causing higher utility bills; and

WHEREAS, Air Technology Solutions, Inc. is the manufacturer of AirMation Diesel Exhaust Capture Systems; and

WHEREAS, AirMation Diesel Exhaust Capture Systems are available on a Government Services Administration (GSA) contract through Air Technology Solutions, Inc.; and

WHEREAS, Stafford Electric Heating and Air Conditioning is the exclusive installer of AirMation Diesel Exhaust Capture Systems and Air Technology will only warranty work performed by Stafford Electric Heating and Air Conditioning; and

WHEREAS, the price of $50,037 for installation of the AirMation Diesel Exhaust Capture Systems and electrical panel upgrades at 8 of our 10 fire stations by Stafford Electric Heating and Air Conditioning has been determined to be fair and reasonable.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA as follows:

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1. That the contract for procuring the services described above may be negotiated and awarded to Stafford Electric Heating and Air Conditioning as a “sole source” for installation of the AirMation Diesel Exhaust Capture System manufactured by Air Technology Solutions, Inc. without competitive sealed bidding or competitive negotiation as set forth in Virginia Code Section 2.2-4303.E; and

2. That the City Manager or his authorized designee is hereby authorized to negotiate and execute a purchase contract with Stafford Electric Heating and Air Conditioning for installation of the AirMation Diesel Exhaust Capture Systems manufactured by Air Technology Solutions, Inc; and

3. That the notice awarding the installation contract to Stafford Electric Heating and Air Conditioning shall be posted in a public place pursuant to Virginia Code Section 2.2-4303.E.

Councilwoman Leary said the resolution is for approving Stafford Electric Heating and Air Conditioning to be the only source practicably available from which to procure an AirMation Diesel Exhaust Capture Systems and authorizing the negotiation and execution of a purchase contract with Stafford Electric Heating and Air Conditioning as sole source for installation of the Diesel Exhaust Capture System. She said one of the questions she had was the point has been argued that this particular contract is to capture the exhaust for the building and not necessarily the equipment itself. She said her research has led her to believe that the exhaust system was better if it was attached to the equipment and not necessarily the building itself. Councilwoman Leary said she believes that our new City Manager, Ms. Bunting, is going to respond to this.

Mr. James B. Oliver, Jr., City Manager, said Ms. Bunting doesn’t become City Manager until January 1, 2010, and requested that Councilwoman Leary use the term City Manager designate.

Councilwoman Leary asked the City Manager if he was going to designate Ms. Bunting to answer her question. In response, the City Manager asked Ms. Bunting, Assistant City Manager, to respond.

Ms. Bunting said there are two different approaches for diesel exhaust systems in the fire industry and each approach has its strong advocates. She said the City was purchasing this equipment through a Federal grant and they endeavored to resolve these issues locally through the local procurement process and they really were not able to do that and they are approaching the expiration of the Federal grant. Ms. Bunting said in lieu of that and not wanting to lose the Federal grant to get equipment to enhance the City’s firefighter safety, they opted to buy the system that was on the General Services Administration (GSA) contract and that is how they resolved the issue knowing that the GSA had gone through these issues themselves. She said one of the things they can do as a local government is buy off GSA or State for local procurement and they opted to buy through GSA. Ms Bunting said once they bought the system off of a GSA contract there was a provision for installation that warranty for the equipment would only be good if installed by an authorized installer and that is why the sole source is before Council tonight. She explained that this is an installation procurement and Council is being asked to authorize the only approved vendor that will maintain the warranty for the equipment that was bought off of the GSA contract so they could take

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Councilwoman Leary thanked Ms. Bunting and stated she provided the information that she wanted to have put to record, therefore, she approves item two of the agenda.

APPROVED - this item was removed from the consent agenda at the request of Councilwoman Leary. Assistant City Manager Mary Bunting provided additional information on the item. Motion made by: Councilmember Angela Lee Leary Seconded by: Councilmember Ross A. Kearney, II Ayes: 7 - Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward Nays: 0

5. 09-0499 Resolution to approve the vacation of (a) a portion of City right of way located at Mercury Boulevard and North Armistead Avenue which contains 0.021 acres, (b) a 10' setback, (c) a "Green Area" easement, and (d) a landscaping covenant easement for CVS 75549 VA, L.L.C., a Delaware limited liability company, and the execution of the Vacation Agreement.

WHEREAS, CVS 75549 VA, L.L.C., a Delaware limited liability company (CVS”), is the fee simple owner of parcels of land in Hampton, Virginia located at the intersection of North Armistead Avenue and Mercury Boulevard and described as RPC No. 7001171, RPC No. 7001170, and RPC No. 7001172 (the “CVS Property”);

WHEREAS, CVS has requested the vacation of a portion of the City’s right of way on North Armistead containing 0.021 acres abutting the CVS Property, and a 10’ setback and two easements (Green Area Easement and Landscape Covenant) which transect the CVS Property in order to finalize a site plan for construction for a CVS pharmacy;

WHEREAS, CVS has agreed to dedicate additional right of way to the City on North Armistead Avenue and Mercury Boulevard, as well as a landscape easement containing 0.168 acres; and

WHEREAS, City staff and local public utility companies have reviewed the request and recommend approval of the request.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA:

1. That the vacation of any interest the City may have in a portion of the existing right of way containing 0.021 acres and abutting the CVS Property is hereby approved; and 2. That the City Manager and Clerk of Council are hereby authorized to execute and attest the Vacation Agreement between the City of Hampton and CVS 75549 VA, L.L.C., as set forth in this Resolution.

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6. 09-0502 Resolution Approving the City of Hampton, Virginia's Participation and Appropriation of the 2008-2009 Triad Crime Prevention for Seniors Grant Program Through the Commonwealth of Virginia, Office of the Attorney General.

WHEREAS, the Commonwealth of Virginia, Office of the Attorney General has awarded TRIAD Crime Prevention for Seniors Grant Program funds to the City in the amount of $2,025 in state funds, with a local match in the amount of $225.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hampton accepts and appropriates the TRIAD Crime Prevention for Seniors Grant Program award in the amount of $2,250 and any related supplemental funding by the Commonwealth of Virginia, Office of the Attorney General in accordance with the grant agreement;

BE IF FURTHER RESOLVED, that the City Council authorizes the City Manager, or his designee, to take the necessary steps to implement this grant award.

7. 09-0509 Resolution of the Council of the City of Hampton, Virginia Confirming the Order Terminating Declaration of Local Emergency Declared by the Hampton Director of Emergency Management on November 12, 2009

WHEREAS, this council confirmed by resolution dated November 19, 2009 that it was necessary and proper for the Hampton, Virginia Director of Emergency Management (“Director”) to declare a local emergency in the city, without first obtaining the consent of the Hampton City Council (“the Council”); and

WHEREAS, based upon the representation of the Director that the emergency conditions supporting the local Declaration of Emergency no longer existed as of November 20, 2009 at 4:30 p.m. when the Director entered an Order Terminating the Emergency Declaration (attached).

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA that it hereby confirms the order terminating the November 12,

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2009 local emergency declared on November 12, 2009 by the Director with the understanding that all needed emergency actions have been taken, and that such emergency occasioned by the storm is declared terminated by this Council.

8. 09-0501 Resolution Designating Certain Areas of the City Of Hampton, Virginia as “Recovery Zones” Pursuant to The American Recovery And Reinvestment Act Of 2009

WHEREAS, the American Recovery and Reinvestment Act of 2009, Pub. L. No. 115-5, 123 Stat. 115 (2009) (the “Stimulus Act”) added sections 1400U-1 through 1400U-3 to the Internal Revenue Code of 1986, as amended (the “Code”), authorizing state and local governments, including cities such as the City of Hampton, Virginia (the “City”), to designate “recovery zones” for the purposes of issuing Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds (such bonds are referred to collectively as “Recovery Zone Bonds”); and

WHEREAS, pursuant to the Stimulus Act, the term “recovery zone” means (i) any area designated by the issuer as having significant poverty, unemployment, rate of home foreclosures, or general distress, (ii) any area designated by the issuer as economically distressed by reason of closure or realignment of a military installation pursuant to the Defense Base Closure and Realignment Act of 1990, and (iii) any area for which a designation as an empowerment zone or renewal community is in effect as of the effective date of the Stimulus Act, which effective date was February 17, 2009; and

WHEREAS, the Stimulus Act imposes a national bond volume limitation (the “volume cap”) for Recovery Zone Bonds and requires issuance of such bonds by January 1, 2011. In Internal Revenue Service Notice 2009-50 (the “IRS Notice”) issued pursuant to the Stimulus Act, the City has been allocated $1,523,000 of volume cap for Recovery Zone Economic Development Bonds, which are taxable governmental bonds that may be used to finance expenditures for certain “qualified economic development purposes, and $2,284,000 of volume cap for Recovery Zone Facility Bonds, which are tax-exempt private activity bonds that may be used to finance the acquisition, construction and/or renovation of certain “recovery zone property”; and

WHEREAS, the IRS Notice provides that any state, county or large municipality that receives a volume cap allocation for Recovery Zone Bonds may make the designations of recovery zones in any reasonable manner as it shall determine in good faith in its discretion; and

WHEREAS, by Executive Order Number 94 (2009), dated September 30, 2009, the Governor of the Commonwealth of Virginia established procedures to be followed by local governments to reserve Recovery Zone Bond volume cap allocated pursuant to

City of Hampton, VA Page 8 of 44 Printed on 1/25/2010 City Council Meeting Minutes the Stimulus Act, including, filing by November 2, 2009 of a notice of intent to issue Recovery Zone Bonds, filing by December 15, 2009 of a Project Verification Report, containing, among other things, documentation evidencing establishment of one or more recovery zones and approval of the projects to be undertaken, and issuance by March 15, 2010 of Recovery Zone Bonds; and

WHEREAS, the City Council of the City of Hampton, Virginia (the “Council”) desires to designate such recovery zones in order to permit the issuance of Recovery Zone Bonds pursuant to the Stimulus Act and to satisfy a requirement of the Governor’s Executive Order for reserving Recovery Zone Bond volume cap.

NOW THEREFORE, BE IT RESOLVED by the Council that:

Section 1. Findings; Designation of Recovery Zones. The Council hereby finds and determines, based upon certain economic data submitted to the Council through the Finance and Economic Development Departments that the areas of the City of Hampton shown on Exhibit A attached hereto and made a part hereof are experiencing general distress within the meaning of the relevant Stimulus Act provisions. Based on that finding, the Council hereby designates the areas shown on Exhibit A as “recovery zones” for the purpose of issuing Recovery Zone Bonds. The Recovery Zones so designated shall be identified as the “Coliseum Central Recovery Zone”, the “Downtown Recovery Zone”, the “North King Street Recovery Zone”, the “Buckroe Recovery Zone”, the “Phoebus Recovery Zone”, and the “Kecoughtan Recovery Zone” (collectively the “Hampton Master Plan Recovery Zones”).

Section 2. Authorizations. The Council authorizes the City Manager to make or effect any, election, selection, designation, approval, consent, filing or waiver regarding volume cap allocations, including re-allocations of such volume cap to City related- entities, as the City is permitted or required to make or give under the Stimulus Act or under procedures or policies adopted by the Commonwealth of Virginia pursuant to Executive Order Number 94 (2009) and any amendments thereto. The City Manager is further authorized to establish guidelines for the use of Recovery Zone Bonds and seek additional or supplemental Recovery Zone Bond volume cap from any re-allocation process established under such Executive Order and any amendments thereto. The authorization herein granted to the City Manager may be delegated by the City Manager in his discretion to one or more officers of the City.

Section 3. Other Actions. All actions of the officers, staff and agents of the City previously taken that are in conformity with the intent and purpose of this Resolution and in furtherance of the designation of the Recovery Zones are hereby ratified, approved and confirmed. The officers and staff of the City are authorized and directed to take all such further action as may be considered necessary or desirable in connection with the intent and purpose of this Resolution, including taking all necessary steps to identify projects for which the issuance of Recovery Zone Bonds would be appropriate.

Section 4. Effective Date. This Resolution shall take effect immediately upon its adoption.

APPROVED items 1 and 3 through 6 on the consent agenda.

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Motion made by: Councilmember Paige V. Washington, Jr. Seconded by: Councilmember Joseph H. Spencer, II Ayes: 7 - Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward Nays: 0

9. 09-0510 Resolution Approving Projects to be Financed with Recovery Zone Bonds Pursuant to The American Recovery And Reinvestment Act Of 2009

The American Recovery and Reinvestment Act of 2009, Pub. L. No. 115- 5, 123 Stat. 115 (2009) (the “Stimulus Act”) added sections 1400U-1 through 1400U-3 to the Internal Revenue Code of 1986, as amended (the “Code”), authorizing state and local governments, including cities such as the City of Hampton, Virginia (the “City”), to designate “recovery zones” for the purposes of issuing Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds (such bonds are referred to collectively as “Recovery Zone Bonds”).

The Stimulus Act imposes a national bond volume limitation (the “volume cap”) for Recovery Zone Bonds and requires issuance of such bonds by January 1, 2011. In Internal Revenue Service Notice 2009-50 (the “IRS Notice”) issued pursuant to the Stimulus Act, the City has been allocated $1,523,000 of volume cap for Recovery Zone Economic Development Bonds, which are taxable governmental bonds that may be used to finance expenditures for certain “qualified economic development purposes”, and $2,284,000 of volume cap for Recovery Zone Facility Bonds, which are tax-exempt private activity bonds that may be used to finance the acquisition, construction and/or renovation of certain “recovery zone property.”

By Executive Order Number 94 (2009), dated September 30, 2009, the Governor of the Commonwealth of Virginia established procedures to be followed by local governments to reserve Recovery Zone Bond volume cap allocated pursuant to the Stimulus Act, including, filing by November 2, 2009 of a notice of intent to issue Recovery Zone Bonds, filing by December 15, 2009 of a Project Verification Report, containing, among other things, documentation evidencing establishment of one or more recovery zones and approval of the projects to be undertaken, and issuance by March 15, 2010 of Recovery Zone Bonds.

The City Council of the City of Hampton (the “Council”) has designated such recovery zones by appropriate Resolution dated December 9, 2009, in order to permit the issuance of Recovery Zone Bonds pursuant to the Stimulus Act and to satisfy a requirement of the Governor’s Executive Order for reserving Recovery Zone Bond volume cap.

The Council now desires to approve the specific projects to be undertaken and financed utilizing the City’s Recovery Zone Economic Development Bond allocation in order to permit the issuance of such Bonds pursuant to the Stimulus Act and to satisfy a requirement of the Governor’s Executive Order for reserving Recovery Zone Bond volume cap.

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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HAMPTON, VIRGINIA:

1. Approval of Projects. That it hereby approves the following projects for financing utilizing the City of Hampton’s Recovery Zone Economic Development Bond volume cap of $1,523,000.00: (1) the project identified in the City’s 2009-2014 Capital Improvement Plan as the “Newmarket Creek Park and Trail System” to be established in the “Coliseum Central Recovery Zone” so designated by this Council on December 9, 2009; and (2) the project identified in the City’s 2009 Capital Improvement Plan as “Buckroe Park Improvements” to be made in the “Buckroe Recovery Zone” designated by this Council on December 9, 2009; and 2. Statement of Intent to Issue Bonds. The City has historically issued general obligation bonds on a competitive basis and awarded the sale of the bonds to the lowest bidder. The City Council hereby expresses its intent to issue the Recovery Zone Economic Development Bonds for the projects herein approved by way of competitive sale as a part of a proposed general obligation bond issue of the City or on a stand-alone basis. Such sale is expected to be completed on or before March 15, 2010

Councilwoman Leary said the City Manager will make the decision as to who comes before Council to speak to this issue but she talked with Mr. James A. “Pete” Peterson, Assistant City Manager, about it earlier. She explained that they talked about the resolution approving projects to be financed with Recovery Zone Bonds pursuant to the American Recovery and Reinvestment Act of 2009. She said her question to Mr. Peterson, that she was hoping he could answer publicly, would be could the $2.2 million funds they discussed as having in our basket, could that possibly be used for barrier coastline protection. In response, Mr. Peterson said he would assume that if it is for public improvement it could be used for that purpose. However, as he mentioned to Councilwoman Leary, the projects they selected were selected because they are already in an authorized Capital Project, and that was the purpose of how they selected it.

Ms. Cynthia E. Hudson, City Attorney, said the language of the Stimulus Act is very specific and it must be economic-development related projects and to the extent the Factory Point Restoration Project is very unlikely to fall into that category.

Mr. Peterson asked Councilwoman Leary if she was talking about Factory Point. In response, Councilwoman Leary stated she was not talking about $1.3 million she was talking about the $2.2 million. She said she knows that the $1.3 million is for economic development, but she was asking if the $2.2 million they were talking about this afternoon, could those recovery dollars be used for barrier coastline protection. She said she was not speaking specifically of Factory Point, she was speaking specifically of the barrier coastline protection.

The City Attorney said she really does believe they need an opinion of bond counsel. She said the way she reads the language also for that category of bonds is that it very well may not cover that type of expenditure. She told Mr. Peterson that she believes it needs to be researched.

Councilwoman Leary said that was fine. She moved for approval of Agenda Item #7, the resolution approving projects to be financed with Recovery Zone Bonds pursuant to the American Recovery and Reinvestment Act of 2009. She thanked Mr. Peterson for his assistance.

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APPROVED - this item was removed from the consent agenda. Assistant City Manager James A. "Pete" Peterson provided additional information on this agenda item. City Attorney Cynthia Hudson also provided information. Motion made by: Councilmember Angela Lee Leary Seconded by: Councilmember Joseph H. Spencer, II Ayes: 7 - Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward Nays: 0

PRESENTATIONS, PROCLAMATIONS, AWARDS

Recognition of Parks and Recreation

Mayor Ward said Council received a letter from Congressman Glenn Nye’s office regarding one of our City departments. She asked Mr. James B. Oliver, Jr., City Manager, to read the letter.

The City Manager said the letter was addressed to the City of Hampton Parks and Recreation Department.

“Dear friends, as a representative of Virginia’s Second Congressional District, it is with great pleasure and admiration that I recognize the City of Hampton’s Parks and Recreation Department and NASA Langley Research Center for their collaboration and effort to educate the public about scientific research and green energy conservation. EarthFest 2009 represents the future of clean energy technology and scientific and business development across Hampton Roads. As the first and largest event of its kind in the region, EarthFest 2009 was a celebration of incredible ingenuity, drive and spirit of the citizens of Hampton Roads. The future of our planet is at stake, and it is truly inspiring to know that we have such a capable group of individuals and organizations eager to meet future climate change and energy challenges. I would like to personally commend those of you whose dedicated service, enthusiasm and volunteerism have made this event possible. On behalf of all of the people of Virginia’s Second Congressional District, I thank you.” The City Manager said the letter is signed, Sincerely, Glenn Nye, Member of Congress.

The City Manager presented the letter to Mr. Jim Wilson, Director of Parks and Recreation.

Mr. Wilson thanked the City Manager for the letter. He said there have been several meetings with City officials, the Hampton School System, NASA and business people, and this was a great opportunity to start bringing our efforts between the City of Hampton, the Hampton School System and NASA people together for a very worthwhile cause. Mr. Wilson thanked Sandy Bottom Nature Park and the opportunity they had to host this event and make it successful. He said they look forward to many more events each and every year with NASA’s cooperation to help protect the environment.

Mayor Ward thanked Mr. Wilson.

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Coach Mike London

Vice Mayor Spencer said it is his pleasure to read the proclamation. He said it is significant that Council is honoring two products of the Hampton School System, Ms. Mary Bunting, is a Hampton High School graduate and Mike London, our new coach of the University of Virginia, formerly at the University of Richmond, and a graduate of the University of Richmond, the school that he led to a national championship last year. He said they wished he was going to be playing this Saturday night to carry it on, but he has moved on to bigger and greater things. Vice Mayor Spencer recognized the following individuals: Dr. Linda Shifflette, Superintendent of Schools, Dr. Patricia Johnson, Assistant Superintendent of Secondary Education, Coach Dennis Kozlowski, who is also a legend. Vice Mayor Spencer said Coach Kozlowski had the privilege of coaching three State Championship football teams as well as three State Championship track teams for Bethel High School, and he was coach for Mike London when he was a player at Bethel High School. Vice Mayor Spencer also recognized Mike London’s parents, Mr. and Mrs. Wilson London. Vice Mayor Spencer said it was earlier this year that Council presented a proclamation to Coach London for the University of Virginia winning the National championship. Vice Mayor Spencer said Mike’s brother Paul also played football at the University of Virginia and Mr. Wallace’s son, Jason, played football, at the University of Virginia and Mayor Ward is a graduate of the University of Virginia.

Vice Mayor Spencer said he was proud to read the proclamation and as a Richmond Spider he is grateful and has much gratitude for what Coach London brought to our university and hopefully he will be able to do the same for the University of Virginia.

Vice Mayor Spencer read the proclamation and presented it to Mr. and Mrs. Wilson London.

Mr. London said he wished his son was there. He said his son, Paul, played football at UVA and his granddaughter who just graduated from UVA is in Germany playing basketball there. Mr. London stated that Mike’s son graduated from the University of Massachusetts and played with the New York Giants, so he has a chance to win himself a Super Bowl ring. Mr. London thanked the City of Hampton for the proclamation and said he is sure that they will be receiving a thank you note from Mike.

Holiday Cards

Mayor Ward said the next item is the holiday cards. She said the students are not present tonight but Councilman Kearney will provide a little bit of history about the Christmas cards. She said Councilman Kearney initiated this award.

Councilman Kearney thanked Mayor Ward for the opportunity. He thanked her for carrying on the tradition. He said the school system needs to be congratulated. He said one thing this Council wanted to do a number of years ago was to highlight the activities and the wonderful things that happen in the City’s schools. He said that also involves the arts. He said they embarked upon the selection of an outstanding rendering of art dealing with the holiday season, be it the Christian Christmas, or whatever, and the students are given the broad band to use their imagination. The artwork for each card was on display in Council chambers during the Council meeting. Councilman Kearney said the students will be honored at a later time with interviews on Channel 47 and the presentation of a check that comes from Mayor Ward, out of her personal account, will

City of Hampton, VA Page 13 of 44 Printed on 1/25/2010 City Council Meeting Minutes be given to these students as a gift. Councilman Kearney said the cards were designed by Alaina Williams, a senior at Kecoughtan High School; Ketaya Marshall, a senior at Phoebus High School; Rose Padelia, a Junior at Hampton High School; and Leigh Taylor, a sophomore at Bethel High School. He said the winners were selected in working with the Fine Arts Department. Councilman Kearney thanked Dr. Shifflette for her involvement in the competition. He said there are normally 60 to 70 students across the City who are involved in the competition.

Councilman Kearney thanked Mayor Ward for allowing him to participate in the awards.

Mayor Ward stated that the art work will be made into Christmas cards.

Councilman Kearney asked Mayor Ward to explain.

Mayor Ward said the art work will be the Council Christmas cards that will be mailed to other jurisdictions and members of the City’s Boards and Commissions and other people on the Christmas card list. She said this is a great tradition that Councilman Kearney started.

Councilman Kearney said that his wife, Trudy, actually started the contest.

Mayor Ward extended her thanks and appreciation to Ms. Kearney.

PUBLIC HEARINGS

Rezonings

10. 09-0478 Rezoning Application No. 1281 by The Shores of the Chesapeake Bay, LLC, AH & H Corporation, and Abbott Associates, LLC to rezone several parcels generally bounded by Resort Boulevard to the east, Seaboard Avenue to the south, 2nd Street to the west, and Point Comfort Avenue to the north from Neighborhood Commercial District (C-1) and Limited Commercial District (C-2) to Limited Commercial District (C-2) and Special Public Interest – Buckroe Bayfront District (SPI-BBD) allowing for single-family, duplex, multi-family and commercial development.

Mayor Ward said Rezoning Application No. 1281 which is Item #8, 09-0478 under Public Hearings is being withdrawn so it will not be heard this evening.

11. 09-0505 Rezoning Application No. 1282 by the Hampton Redevelopment and Housing Authority to rezone 1016 N. King Street (LRSN 8001174), LRSN 8001173 and LRSN 8001171, totaling 2.84+ acres, from Neighborhood Commercial District (C-1) to Multiple Dwelling District (MD-3) for a multifamily development.

Mr. James B. Oliver, Jr., City Manager, stated that Mr. Michael Hayes, City Planner, will make a presentation.

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Mr. Hayes said Rezoning Application No. 1282 is a request to rezone property from a C- 1 District which is a commercial district to an MD-3 district which is a multifamily district. He said the site is located at the intersection of Mercury Boulevard and King Street.

Councilman Kearney asked if the site was next to the County Grill. In response, Mr. Hayes confirmed that the site is next to the County Grill. He said the North King Street Master Plan includes this property within the recommendations. Mr. Hayes provided Council with images from the Master Plan showing a way in which the principles of the Master Plan, including bringing in more diverse housing types, specifically looking at housing for seniors in this location, as well as making sure the buildings are designed, the site plan addresses the street to bring the neighborhood to King Street. Mr. Hayes explained that was one of the issues that has been seen up and down the corridors that sometimes the neighborhoods are cut off a little bit from the main thoroughfare. Mr. Hayes further explained that a u-shaped building is proposed and one of the key aspects that Urban Design Associates (UDA) helped work on was to ensure the scale stays appropriate. He said nothing larger than three stories is recommended as it is a point that is between a major road, with Mercury Boulevard and single-family homes behind it. Mr. Hayes said they found in the market studies there is a very large amount of commercial zoning but there is not quite the demands to fill those spaces. He said sometimes there are vacant commercial spaces as well as commercial land that has just not been developed. Mr. Hayes said the Hampton Redevelopment and Housing Authority (HRHA) is proposing an age-minimum of 50 years or older for residents of the proposed development. He said their proposal also keeps the u-shape that has been recommended. Mr. Hayes noted that HRHA held a community meeting fairly early on in the process in July 2009, and heard that some of the concerns were regarding the height of the building. He said they have agreed to ensure the building was designed to be two-and-one-half stories, that way there is not a full three stories and then a roof. He said the top story will be incorporated in the roofline so the building will not be much taller than a typical two-story building. Mr. Hayes said some of the other conditions include screening, mechanical equipment and screening around the parking lot for the single-family homes to the rear.

Mr. Hayes provided Council with a rendering of the proffered site plan which is similar to that is in the Master Plan. He said the building is on the street and the parking is to the rear. Mr. Hayes noted that materials have been proffered so all sides of the building would incorporate the same elements and same materials for a high-quality building.

Mr. Hayes noted that staff finds the proposal to be consistent with the land use recommendations, the specific site plan in the North King Street Master Plan, as well as incorporating the building design aspects of the recommendations within the Master Plan. He said staff recommends approval of Rezoning Application No. 1282 subject to the following 17 conditions:

1. The maximum number of unites shall not exceed forty-eight (48). 2. Property shall be developed as a senior housing campus as recommended by the North king Street Corridor Master Plan, adopted by City Council and dated June 20, 2007. 3. Site development shall be in substantial conformance with the conceptual site plan titled “North King Street Senior Apartments First Floor/Parking Plan” prepared by Q Design PLLC and dated July 10, 20009.

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4. All dumpsters and mechanical equipment, including but not limited to generators, shall be screened from view from all adjacent public rights-of-way and single family parcels. Screening shall occur by incorporating such equipment into the building and/or decorative fencing or masonry wall designed and making use of materials complementary to the main building in addition to evergreen vegetation. Dumpsters and mechanical equipment, including but not limited to generators, shall not be located between the building and a public right-of-way. 5. Alternative pavement materials and treatments shall be used to create a unified appearance to emphasize special site characteristics and/or designate various pedestrian/circulation routes and may include porous parking surfaces. Alternate paving types include but are not limited to modular pavers (brick, stone, concrete), colored concrete, patterned concrete, porous concrete, and geoblock. 6. Sidewalks shall be installed at a width of no less than four (4) feet along the access road of North king Street and Mercury Boulevard. A five foot verge containing street trees shall also be installed. 7. Pedestrian pathways independent of the vehicular drive aisle shall be established and maintained to directly connect the building sidewalks with the adjacent public rights-of-way. 8. Fully shielded fixtures shall be utilized for all exterior site lighting. The lighting fixtures shall be installed and directed to maintain the fully shielded characteristics in order to prevent glare and light trepass and reduce light pollution. 9. A landscaped buffer shall be established along the property line shared with single family homes to the rear of the main building as shown on the conceptual site plan titled “North King Street Senior Apartments First Floor/Parking Plan” prepared by Q Design PLC dated July 10, 2009. 10. The building elevation and building design on the Property shall be in accordance with architectural principles set forth in the North King Street Master Plan as follows, with such minor changes as requested by Grantor, and the Director of Planning determines does not change the basic concept and character of the development:

1. Building will be scaled to a maximum of three stores, with the third floor in the roof mass. 2. The building shall be in substantial conformance with the drawings titled “North King Street Senior Apartment/Bird’s Eye View” and “North King Street Proposed View/Scheme 1” prepared by Q Design PLC and dated July 10, 2009. 3. All windows, doors, dormers, and similar architectural features shall align vertically and horizontally, as shown in the submitted elevation “North King Street Proposed View/Scheme 1” prepared by Q Design PLC and dated July 10, 2009. 4. All sides of the building shall be complementary in design, scale, alignment, material, and color to the façade shown in the submitted elevation “North King Street Proposed View/Scheme 1” prepared by Q Design PLC and dated July 10, 2009. 5. All sides shall be a minimum of 30% brick or other masonry material, after accounting for doorways, opening, and fenestrations. As shown on the above referenced designs, the

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masonry elements shall be pulled up the building vertically. If vinyl siding is used, the siding is used, the siding shall be a beaded structure vinyl siding back with Styrofoam and have no visible lap joints.

11. Façade color shall be low reflectance, subtle, neutral, or earth tone colors. Any brighter accent colors must be approved by the Planning Director or designee. 12. The Project shall be landscaped generally in conformance with the conceptual plan prepared by Q Design , dated July 10, 2009, and submitted with this proffer statement 13. Roofing material shall consist of a minimum of a 30-year architectural grade shingle and may include painted standing seam metal accents. 14. It is understood that all phases of the proposed project shall comply with all ordinances of the City of Hampton. 15. Grantor acknowledges that further lawful conditions and restrictions may be required in accordance with the City Code, City Zoning ordinances and all applicable codes and regulations, by Grantee during detailed administrative site plan reviews. Grantor further acknowledges that the City Code and City Zoning ordinances shall control if more restrictive than the proffered conditions. 16. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Hampton, in force as of the date of the conditional rezoning amendment is approved by the Grantee. 17. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Hampton, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Hampton, Virginia to administer and enforce the foregoing conditions and restrictions specific in this Agreement, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; and (3) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that this Agreement shall be recorded in the Clerks Office of the Circuit Court of the City of Hampton, Virginia and indexed in the name of the Grantor and the Grantee.

Councilman Washington asked what consideration has been given regarding buffers between the single-family residential area and the proposed development. He also asked if the lights would be on the building or would they be detached and turned into the parking area to prevent the glare of the light on the residents in that area. In response, Mr. Hayes said in terms of screening, the majority of the screening comes from landscaping along the border. He noted that a landscape buffer is proposed in

City of Hampton, VA Page 17 of 44 Printed on 1/25/2010 City Council Meeting Minutes addition to some larger trees at key locations. He said a representative from HRHA is available for questions regarding the application.

Mr. Hayes said with regards to lighting, whether or not the lighting is actually on the building has not been determined but there is a proffer stating the lighting will be designed and placed in a way that it will not spill over to adjacent properties.

Councilwoman Leary said she has looked at the property and a lot of the adjacent property owners have 6-foot fences so she doesn’t believe it is going to be a big problem for them. She said one of the things she is concerned about is the landscaping, because it says “the applicant has proffered the shielding of site lighting” which he can do simply by simply pointing the lights, and “inclusion of a vegetative buffer to mitigate potential impact on neighboring properties.” She said if you look at that and what else is adjacent to it, the fact that there is any area of King Street that has access to that parking lot and you have the County Grill next to that. She asked if the CPTED principles have been included with what the builder is supposed to do; that Crime Prevention through Environmental Design. She said that aspect should take precedence because these are seniors and she doesn’t know how fast they can run. Councilwoman Leary said she doesn’t like that secluded area there and a lot of vegetation.

Mr. Hayes said CPTED is one of the reasons for going with the parking lot back in that area. He referred to the aerial photo provided to Council and stated it is a very awkward site and the back area where the parking lot is really cut off. He said the reason for going with the parking lot there is that it would not be appropriate to leave it as a green space because that would really be attractive. Mr. Hayes explained that by going with a parking lot, the light will be bright on the ground where the cars are but it will be done in a way so it is not spilling over to adjacent properties. He further explained that the alley is a service alley only and it follows the same basic concept of the Master Plan. Mr. Hayes also pointed out the service and fire lane alleys and stated that some sort of feature would be put out front so that fire or service vehicles only would be using the alley space.

Councilwoman Leary asked if the facility would have a security system similar to those that are privately managed. In response, Mr. Hayes stated that would be a question for the applicant because he is not aware of that.

Councilman Washington asked if any green technology or features have been incorporated within the structure of this building. In response, Mr. Hayes said none have been proffered.

Councilman Washington asked if someone could address the question. He said green technology is so advanced and so prevalent, and he was curious if that would be included. In response, Mr. Phillip Page, Development Manager with HRHA said they will have that in a previous development, actually one that is being built right now, Old Point. He said they certified it would be an EarthCraft development, which is the local/regional standard for green buildings. He said Council might be familiar with Leed and other methods, but EarthCraft is the standard that they subscribe to in accordance with the Virginia Housing Development Authority (VHDA). Mr. Page said this would be the same thing. He said they didn’t have those detailed conversations with the City so it wasn’t proffered, but it is the intention going forward.

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Councilman Washington asked if Mr. Page could ensure that is a possibility. In response, Mr. Page said absolutely and reiterated that they are doing that on the development that is breaking ground in the next several months.

Councilman Kearney asked why the applicant isn’t here asking the building to have this done. He asked why the HRHA isn’t requesting this change. In response, Mr. Page explained the HRHA is the owner of the property, and in effect they are the applicant. He said he would compare this project to Sinclair Commons which he believes everyone is familiar with, where the Authority, at one point, owned that property before it was conveyed to the developer. Mr. Page said the power of this is that they can proffer the 17 conditions and whether it is the HRHA or any other developer/builder that comes along afterwards, they know what has been proffered and attached to the land is in direct conformance with what is in the Master Plan. Mr. Page said they only became involved to ensure that the vision that was expressed in the Master Plan was realized, whether they build it, or someone else builds it.

Councilman Kearney requested that Mr. Page explain what the next steps would be should it pass. In response, Mr. Page said they used a preliminary design firm to work with the Planning Department and get them to this point. He explained that pending rezoning and pending the action that is before Council, they would go out on a Request for Proposal (RFP) to get a design firm to finish that out and that would be done publicly. He said they would also pursue, again similar to Sinclair Commons, tax credits which is where they designate the EarthCraft standard and other things that they would promise. Mr. Page explained once that was in place, they would go out again on an RFP for a builder who is going to build that property.

Councilman Kearney asked Mr. Page to explain how the public will get involved in either design or lighting or any other questions the public may have about entry onto the main roads. He asked if it would occur in public meetings that are conducted by the HRHA. He said the City went through this with Sinclair Commons and it was very positive. He said it was heated at times, but it was very positive. He also asked Mr. Page to explain informing the Queen Street neighborhood. In response, Mr. Page said going forward, there won’t be the public meetings, but he would defer to City staff as far as what the City would like to do. He said they have always had public meetings and they will continue to do that. Mr. Page said they are very aware that this is a highly visible area and something he believes is very important to the community and so they would have public meetings going forward to receive input. Mr. Page said they did hold the public meetings that were required. He said they also talked to the local neighborhood associations and they worked with both district commissioners to ensure they were involved and that they had input. Mr. Page said they have had input going forward and they will continue to have input and conversations with the residents and residents on Plaza Drive that had interaction with them at the public meeting.

Councilman Kearney said that is great and he appreciates that because the City went through this a few years ago when a person wanted to purchase the land from the Chambers family and in doing so, to put in a storage shed, and everybody was really upset with them. He said he is very excited to see this and how it will accommodate the 50-plus age group.

Vice Mayor Spencer said he believes the real significant point to be made is in the write- up provided to Council where it says “the applicant’s proposal follows the Master Plan

City of Hampton, VA Page 19 of 44 Printed on 1/25/2010 City Council Meeting Minutes recommendation very closely.” He said there have been others that didn’t follow the Master Plan recommendations on King Street and this site is laid out very similarly to the pictures in the Master Plan. Vice Mayor Spencer said for the neighborhoods, stakeholders and people who rolled up their sleeves and worked very hard for the corridor King Street area plan, this is a product of their work they are following very closely and he is happy to see that.

Councilwoman Leary told Mr. Page that she would be talking to him through the public process because she wants to ensure that there is something in line as far as 24/7 management of this place.

No one appeared before Council to speak to Rezoning Application No. 1282.

HELD PUBLIC HEARING

APPROVED Motion made by: Councilmember Ross A. Kearney, II Seconded by: Councilmember Paige V. Washington, Jr. Aye: 7 - Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward Nay: 0

Conditional Privilege

12. 09-0504 Conditional Privilege No. 102: by Brian Harmon to operate a pawn shop at 310 E. Mercury Boulevard (LRSN 12000781).

Mr. James B. Oliver, City Manager, stated Mr. Michael Hayes, City Planner, would brief Council on Conditional Privilege No. 102.

Mr. Hayes stated the address associated with Conditional Privilege No. 102 is 310 East Mercury Boulevard and the request is to operate a pawn shop. Mr. Hayes explained a conditional privilege is required within the C-3 Zoning District, that being the City’s most intense commercial district, in order to operate a pawn shop, which is why this application is for a very specific requirement for a specific use. He said it is one lot down from the intersection of Pembroke Avenue and Mercury Boulevard. He said Council is probably familiar with the 7-11 which is just south of the property.

Councilman Kearney asked if the property was between the apartments and the 7-11. In response, Mr. Hayes stated that Councilman Kearney was correct. Mr. Hayes noted that the Hampton Community Plan recommends commercial uses for this area and it also encourages the City to support small businesses. Mr. Hayes said he believes this is Mr. Harmon’s first venture into development and he is looking to open this building and a pawn shop is a particular use he would like to put in this commercial building. He said the Community Plan also encourages the City to work with applicants on higher quality design. Mr. Hayes noted that while this isn’t a rezoning, Mr. Harmon has been great to work with in terms of working toward higher quality materials and materials that you would see used in surrounding buildings such as brick and masonry materials on exterior buildings. Mr. Hayes said the zoning on this property is C-3, as are the adjacent

City of Hampton, VA Page 20 of 44 Printed on 1/25/2010 City Council Meeting Minutes properties and RM is the zoning on the apartments that Councilman Kearney referred to. Mr. Hayes said some of the conditions attached to this application include limiting the hours of operation from 9 a.m. to 8 p.m. He said sometimes there are concerns when people hear pawn shop and there is a concern that it may be open until 1 a.m. or 2 a.m. and who knows what is going on. He said the applicant has agreed to these hours of operation. Mr. Hayes said there are conditions that apply to signage as well as dealing with licensing and working with the police in terms of what has to be filed for keeping merchandise for a pawn shop. Mr. Hayes said a site plan has also been attached as a condition as well as building materials. He said after a year there will be a review to ensure that all conditions are being followed and that there aren’t any impacts on the adjoining properties.

Councilman Kearney said the building is designed where it is going to be divided into three commercial places and Mr. Harmon is a dear family friend and he taught him many years ago. Councilman Kearney said Mr. Harmon came to talk with him about this. He said Mr. Harmon wants to do the commercial property but in order to make it a go for him he has to be able to operate his place of business, which is the pawn shop and that is why we are going with the use permit. He asked Mr. Hayes if he was correct on that information. In response, Mr. Hayes said that is his understanding.

Councilman Kearney said he wanted everybody to know what he is doing. He said there are actually going to be three businesses that will be located there and one of those will be the pawn shop.

Councilman Washington asked if there has been a traffic study done for this particular project. He said he is asking because immediately coming across Pembroke Avenue there is difficulty with traffic backing up and turning into the 7-11 right now. He said he sees it every morning when he goes to work and he is curious as to whether or not a study has been done. In response, Mr. Hayes deferred to Public Works to reply to the question of conducting a general study. He said in this particular case, the property is already zoned for commercial so commercial uses could go on there by right beyond this. Mr. Hayes said they don’t see a pawn shop in particular, which is what this case is about, having any further impact than any of the other commercial uses that would be allowed, so they have not required a specific traffic study for this site.

Councilman Washington said he understands the commercial ramifications but he is just curious because he sees it every morning. He requested that Mr. Hayes provide him the answer as to whether or not an actual traffic study was performed, and if so, what kind of impact it is going to have there because it is a congested area, especially the first thing in the morning. In response, Mr. Hayes said they can do that.

Mayor Ward opened the public hearing.

Ms. Elizabeth Needer Bocka, 405 Old Point Avenue, said she doesn’t see where the issue of a pawn shop would have any bearing on the charm of her neighborhood, and she would like to ask that Council please consider the approval so that Mr. Harmon may have his pawn shop.

Mr. Dennis Herman, address, provided Council a little bit of history. He said he is the President of the East Hampton Neighborhood Association and he is speaking on behalf of the Association. He said they first learned of this effort several days prior to the

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November 5, 2009, public hearing before the Planning Commission. He said their initial reaction was that this can’t be happening. Pawn shops are bad. There is nothing good about a pawn shop. All of the bad people will come to town. There will be drugs and there will be weapons and they will need to hide out at night. Mr. Herman said he talked with Mr. Harmon and his position at that time before the Commission was that they didn’t know enough and hadn’t studied it and they didn’t have a position. He said between now and that time they were there on November 5, 2009, Mr. Harmon was invited to come before the Association and give a presentation. Mr. Herman said the presentation was very educational and very well done and it generated a lot of questions and interaction, with the net result of a dispelling of the myth that he mentioned earlier. Mr. Herman said a retired policeman, who is a member of the Association, spoke on behalf of pawn shops and that they are a good thing, and not a bad thing. Mr. Herman said there were a lot of very pointed questions and Mr. Harmon was put on the spot with some of them and he did a wonderful job of responding. Mr. Herman said the purpose of their Association is to preserve and improve the East Hampton Neighborhood. He said they had an interest in the matter and was this going to be consistent with their purpose of preserving and improving the neighborhood. He said they are still not sure but on the other hand, someone said it is on the outskirts of the neighborhood, and their response was that they don’t discriminate against citizens in our community who live on the outskirts of the Association, they want to take care of everybody. Mr. Herman thanked Mr. Harmon for his presentation and he thanked Mr. Chris Dyser, City Planner, who came to their meeting to handle any technical questions and issues, which he did very professionally. Mr. Herman said they have one concern that is tangentially related to the application at hand. He explained that in the Q and A’s at their meeting, it came to their attention that across the street behind or next to the Treasure Chest, is an adult video shop. He noted that Councilman Kearney mentioned this is a three or four unit building. Mr. Herman said they would go on record that the Association would object if there is a movement of the adult video shop across the street to fill one of those units. He said they are assured by both Mr. Harmon and members of the Planning Commission that it would not happen and that it can’t happen. Mr. Herman said the Association wishes Mr. Harmon the best of success in the endeavor with the pawn shop and other folks who fill the other shops. He said if it happens to be a Dunkin Donuts or Tropical Smoothie, they will be there and that is consistent with the thoughts of their neighborhood.

Reverend Alberta Shannon came before Council to speak on another topic and Mayor Ward informed her that the discussion was on Agenda Item #10 and that she would be able to speak during Audiences Granted to the General Public.

Councilman Kearney recognized Ms. Frances Butler, wife of former Vice Mayor Melvin Butler. He said Ms. Butler is an East Hampton resident.

HELD PUBLIC HEARING

APPROVED Motion made by: Councilmember Ross A. Kearney, II Seconded by: Councilmember Joseph H. Spencer, II Aye: 7 - Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward Nay: 0

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Ordinances

13. 09-0500 Ordinance to Amend and Reenact Chapter 10 entitled “Cemeteries”, Article I, Section 10-6 entitled “Area Requirements”, of the Code of the City of Hampton, Virginia to clarify area requirements for church cemeteries.

Mr. James B. Oliver, Jr., City Manager, said this item is basically a housekeeping item and Ms. Lesa Yeatts, Deputy City Attorney, and Mr. Steve Shapiro, Director of Codes and Compliance, are available for questions.

Councilwoman Leary asked how many of the cemeteries are affected by this that are less than 20 acres. In response, Ms. Yeatts said she doesn’t believe anything that is current is going to be affected. She said this would be prospective.

Mayor Ward said it is not retroactive to anything that currently exists.

Ms. Yeatts stated that was correct.

Councilman Wallace asked if this was for new cemeteries.

Councilwoman Leary said these are new cemeteries and they can’t be less than 20 acres. In response, Ms. Yeatts said they are related to churches, an accessory use to the church.

Councilman Wallace asked if the 20 acres was exclusive of the land mass as occupied by the physical structures. In response, Ms. Yeatts said they need to be between one and 75 acres. She said the parcel is going to be devoted to the cemetery, exclusive of other buildings, like a sanctuary or school or a parking lot.

Councilman Washington said this housekeeping item is not going to impact private cemeteries as well. In response, Ms. Yeatts said no, only those cemeteries related to churches that are to be built.

Councilwoman Leary said she wanted to make sure they weren’t making things worse because she would like to address the cemeteries somewhere down the road far as movement of graves and that type of thing. She said that Council has talked about it before. She said there are some cemeteries that are not being properly kept.

Councilman Wallace said these are cemeteries for new churches that opt to have a cemetery in the proximity of the church. He said a new church can be developed without a cemetery. In response, Ms. Yeatts stated that was correct.

ADOPTED Motion made by: Councilmember Randall A. Gilliland Seconded by: Councilmember Ross A. Kearney, II Ayes: 7 - Randall A. Gilliland, Ross A. Kearney, II, Angela Lee Leary, Joseph H. Spencer, II, George E. Wallace, Paige V. Washington, Jr., Molly Joseph Ward Nays: 0

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REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES

Councilwoman Leary said one of the most important things, in case she doesn’t get a chance to finish, is that at the November 18, 2009, Council meeting, she wasn’t there because she was in the Emergency Room getting x-rays for taking a spill in her driveway after the flood. She apologized for not being at the evening Council session. She said there was something that she spotted in the Hampton Roads Association Commercial Real Estate regarding storm water BMP compliance inspections and she believes that this is going to take effect on July 1, 2010, and she hasn’t heard anything about it. She stated that in reality, localities will be developing new maintenance agreements to meet DCR standards during the locality’s implementation or updating their storm water management ordinances. She said she would like to see the information on that sooner rather than later. Councilwoman Leary said in reviewing the Hampton Senior Citizen’s Advisory Committee minutes, she saw that they are discussing walking indoors and she would like to see what can be done to help them as far as the possibility of using Newmarket. She said she understands that Cornerstone Assembly of God and other churches have areas where walking can take place for seniors. She said probably the most important thing is the alternate sources for senior information. She said she would like to see that they ensure the seniors know that they can access computers at the library and if there are seniors that don’t know how to use them, maybe they can match up some of the teens in that regard.

Councilwoman Leary thanked staff, especially the City Manager, the Assistant City Managers, Public Works and Parks and Recreation for the work they did with the volunteers on the clean up on the recovery from the last Nor’easter and part of Hurricane Ida. She said she would specifically like to thank the young men and women of the USS Roosevelt and those that came from Langley Air Force Base (LAFB). She said she knows there were others, but those are the ones she worked with personally. Councilwoman Leary said they restored a lot of hope in the community and a sense of well-being because it is pretty tough when you have a trestle at North King Street Gate at LAFB and it breaks loose and you are getting that debris pounding in your home. She said it meant a great deal to the seniors in the community and she wanted to publicly thank them for that effort.

Councilwoman Leary said the person who wrote the report responding to the questions regarding the Industrial Development Authority’s (IDA) land transactions with Lang Builders, they did not sign it or date it and she would like to know who wrote it. She said she would be grateful to receive that information.

Audiences Granted to the General Public

Reverend Alberta Shannon, 1806 Victoria Boulevard, and 1222 LaGuard Drive, made the following statement before Council. “I come to you all in love and in the name of Jesus. I have been a resident of Hampton for 35 years. I have put a lot of interest in this City: time, money, taxes. And I know you all have targeted Hampton and Phoebus to work in grant money. But I come to say that I have been out of work now since (Hurricane) Isabel. (Hurricane) Isabel came in 2003, and my building has been non- functioning for seven years and I really need some help. I’ve come to ask you all would you be able to help me to get started back because I have helped a lot of people in this City. J. B. Roberts, Sheriff, could tell you that officers came to my restaurant and I fed

City of Hampton, VA Page 24 of 44 Printed on 1/25/2010 City Council Meeting Minutes many people and I cook home-cooked food and they come in to eat my food and I did a lot of counseling and helping people in the community that were going the wrong direction and I was there to help them in every area that’s possible. So I really need help. I’m a widow, 60 years old. I just need help in financing grants to do what I have to do for the community. It is a community setting and we need that in that area to help the people because it is a bad area. It is a crime area and I’m able to deal with the people. A lot of people have asked me to come back. Why don’t you come back? I said, well, I’m coming back, but I don’t know when, but I believe I am. Thank you for listening to me. God bless you. Have a Happy New Year.”

Mayor Ward thanked Reverend Shannon. She said she will ask the City Manager to look into this to see if there is anything available.

Mr. Kerry Hall, 2 Cannonball Circle, said he lives off of East Little Back River Road and he is before Council to reach out to the City for help in addressing an ongoing issue as a resident of Gosnolds Hope Community. He provided Council with photographs and a certified letter that he received from Pace Construction and Development that was sent to the City and a copy sent to him. Mr. Hall said he has been living at 2 Cannonball Circle for a little over two years, going on three years. He said it was pointed out to the community that there was some oversight done in the construction process of the townhome community and the houses there. He said the townhomes are allowing water penetration through the walls. He said the photographs show the water penetration that came through his walls and pretty much every time there is a rain storm, this is what happens to their community. Mr. Hall said he has tried to contact Pace Construction and every time he calls he gets the run around. He said a relative, who is a city official in the District of Columbia, advised him that he needed to address this issue with the City to see if the City could provide some assistance in resolving this matter. Mr. Hall said he contacted the City after the last Nor’easter and spoke with Mr. Messick who told him that there wasn’t anything the City could do to help. Mr. Hall said the certified letter states that it was an oversight on the City’s inspection department because they passed the inspection saying that the community was up to compliance, so they are not liable for anything and will not help them in the repair process. Mr. Hall said right now they are sitting in their community with mortgages on their backs. He said he is military and he is eventually going to move and when he leaves, he will have this mortgage because he will not be able to get rid of his home that is acquiring water damage. Mr. Hall noted that half the community is military and they are dealing with the same issue. He said they have yet to get any answers and haven’t seen any results. Mr. Hall said he was reaching out to Council as a member of this community looking for some help in this situation.

Mayor Ward thanked Mr. Hall.

Councilman Washington said several months ago these two gentlemen came before Council and he advised them at that time that he and Mr. Steve Shapiro, Director of Codes and Compliance, went out to that particular property. He said he would like to hear from Mr. Shapiro as to what his actions were relative to when they went out there and what kind of impact they could have been made or did make in dealing with the contractor. He said he believes Mr. Shapiro indicated that he was going to address that issue with the contractor. He asked Mr. Shapiro to inform Council as to where they are relative to this matter.

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Mr. Shapiro said they have been made aware that there are a couple of residences on Cannonball Court experiencing the problem. Mr. Shapiro stated that he and Councilman Wallace went to one of the residences and they have notified the builder, Pace Construction, of the violations. He said he believes there are four different units that they have sent violation notices to. He explained the dilemma on the City’s side, and he believes the City Attorney will support what he is about to state, is that the City has to operate under a statute of limitations and they have to find out about the violations within two years. He further explained that there is an additional year that they can prosecute the developer or the builder and several of these homes are outside of that statute of limitations and the time has already run out. Mr. Shapiro said they can send violation notices, which they did in each case, and he knows that Pace Construction worked on several of the units. He said he believes they worked on the unit that Councilman Washington went to and he believes they were working on it last week or the week before. Mr. Shapiro said they are trying to help the residents and they have sent notices of violation. He said several of the residents have filed complaints with DPOR, which is the State board for contractors or licenses for the builders and the City is cooperating with their investigation. Mr. Shapiro said as far as the City taking them to court, that can’t be done when it is outside of the statute of limitations. He said it would be illegal to do so. He said they continue to work with Pace Construction and they have cited them and the inspectors are making inspections.

Councilman Washington said he can appreciate that because the City’s Codes and Compliance personnel are going out and they are registering the different defects and they have notified the contractor accordingly. He said he doesn’t know what else they can do as a Council that will stimulate Pace Construction to do the right thing and correct the damage that is being done to the homes. He said it is unbelievable how the residents have to live under those conditions. He asked if they were relatively new structures. In response, Mr. Shapiro said they were built within the last three years.

Councilman Washington said he there were definite defects from the beginning. He said even the walls on the outside are buckling because of the damage the water has done. He said he doesn’t know if they can condemn them but the City needs to try and assist these individuals in any way they can in order to make restitution as far as Pace Construction coming to the table and doing the right thing.

Councilman Wallace said one of the things they discovered when they went to those particular properties, was there were some defects in terms of the methodology of construction in and around the bricks. He said he knows Mr. Shapiro knows what he is referring to. He said it is a defect that caused the water to seep through and penetrate through those particular walls and there were some issues that the City is going to need to deal with. Councilman Wallace said he didn’t want to say anything that will make the City liable in that particular process, but he is aware of that situation and the City needs to do as much as possible to rectify the situation. He said he feels frustrated by virtue of the fact that they are attempting to do something but they are not getting results for the City or for them, or the citizens that are undergoing this particular hardship. Councilman Wallace asked the existing City Manager, incoming City Manager, and the existing staff to see what else can be done because talking about it is not remedying the situation. He said the City ultimately is going to have to have some satisfactory remedy. He said if this company is going to continue to do construction in this community, they certainly want them to do construction in the context that it is going to be satisfactory to their customers and to our citizens. He said that hopefully they can have some meeting of

City of Hampton, VA Page 26 of 44 Printed on 1/25/2010 City Council Meeting Minutes the minds with those individuals and help them to come and see if they can accept some responsibility for what is happening voluntarily.

Councilwoman Leary said she believes she visited this property a couple of years ago.

Mr. Hall said nobody has visited his property. He said he is in a separate unit.

Councilwoman Leary said she visited the couple sitting next to Mr. Hall in Council Chambers. She said she didn’t go to the other properties because it was night and she didn’t know what she would be able to see anyway. She said at that time she thought that there were seven of the buildings that were having problems, but she believes she heard somebody say five.

Mr. Hall said it is the entire community.

Mayor Ward said it is inappropriate and out of order to be talking back and forth.

Councilwoman Leary said whatever the number is, and she is not a contractor, but she is going to have to make a legal inquiry here. She said she can’t see how the City would be out of the statute of limitations with this if they handle things in a timely manner. Councilwoman Leary said she doesn’t really know from just what has been said here, what actually happened but she feels for those people that are going through this because she knows what she saw two years ago and she knows what water does to insulation in walls. Councilwoman Leary said one of the questions she wants to ask is if it is within the Council’s means, as a governing body, to deny future building permits from this particular company in view of the fact that they have not repaired the ones that they were responsible for. She said this is something she would like to know.

Ms. Cynthia E. Hudson, City Attorney, stated that she would be glad to review further with Mr. Shapiro what the City is able to do and not able to do in this situation both in the permitting process as well as with respect to issuing notices of violation and prosecutions. The City Attorney suggested that these discussions should be made in closed sessions to the extent Council would be talking about positive legal liability in connection with these matters.

Councilwoman Leary thanked the City Attorney and stated that would be fine.

Councilman Washington said when those properties were constructed, under the contract, he would think they would have had performance bonds and material bonds along the lines as far as the contract is concerned. He said he is curious as to whether or not they would be attachable at this point and maybe that is a legal question. In response, the City Attorney said that should be added to the list of questions she should advise Council on.

Councilman Washington said he believes there has to be a remedy somewhere they just need to brainstorm that and ascertain what the resolution should be.

Mr. Eddie Deerfield, 1515 Garrow Circle, made the following statement before Council. “As we come to a close of a very controversial year, I wish to make a few statements that I believe should be noted. As you all know, Buckroe, I believe was at the top of the controversy, as again the citizens had to fight to prevent the development of the B lots.

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History was made as 8,000 plus registered voters stood up and made history by forcing the Council to repeal the rezoning of these lots so that the mansion-type condos and homes could not be built. This is the second time a petition had to be gotten to tell the Council, we want this land for public recreation, retail and parking. The rezoning was repealed but Council and the City Attorney now claim that the developer has vested rights to build rather than protect the citizens as they should have. You have decided to protect the developer. The sad thing here is we cannot get the Council to tell us what these vested rights are and how they apply. Don’t you think it is time? I believe another major issue this Council has is being in the real estate business. Something they have no business doing because you buy high and you sell low. Selling land to one entity for $700,000 and him selling it five months later for $1.8 million. Selling a lot in Buckroe for $430,000 when it was worth $1.8 million are just two examples. The City could do a lot better. There were several other controversies this year that bear mentioning; wasteful spending, one Council meeting a month, too many backroom decisions, the developer that offered one million dollars for the lot in Buckroe but was turned down, minorities and women-owned businesses still only getting about 4% of the procurement contracts, a Council member called a citizen a liar, when the facts do prove what the citizen claimed, no boat tax, reassessments and real estate taxes unfairly assessed, citizens repeatedly asking why the particular areas cannot be taken care of. The one example I have is Old Northhampton wanting curbs and gutters to help stop flooding. The developer being harassed by the Planning Department that wants to build on private land. I have never seen any developer treated this way the person has. She has the backing of the citizens to build this project, but Mr. O’Neill (Mr. Terry O’Neill, Director of Planning) is doing everything he can to stop it. Why? There are too many to mention, but I believe you know where I am coming from. I do believe we can do a lot better next year with the elections coming up and some new Council members being elected. Maybe the citizens’ voices will be heard and Council will do what is right for all of the people of Hampton not just a few. I hope everyone has a very blessed and Merry Christmas. Thank you.”

Mayor Ward thanked Mr. Deerfield and wished him a Merry Christmas as well.

Ms. Joan Charles, 101 Madrid Drive, made the following statement before Council. “Once again, I come before you to request Council go back to two meetings a month. Once again, I respectfully ask you to put it on the January agenda, so citizens might hear why you will or will not consider this request. I thank the two Council members for their personal reply to me last month. Now to another matter, as you all know, I’m an avid researcher on City concerns. Suddenly for the past year or so when researching sales and purchases of property by the City, I find that the consideration which is a technical term meaning price paid, does not appear even on the deed in the courthouse. It appears on all transactions before June 2008. it mysteriously disappeared with the advent of this current Council. A sort of weak explanation was given that the consideration is not listed because surrounding property owners may want the same deal. This gives the perception that the City does not have very good negotiators when purchasing property. It also gives the perception that there is a cover-up. Please note, I use the word perception, which, of course, in some people’s mind, is reality. In the future, when professional title researchers look at the records, they are going to be at a loss to know what was paid. In private transactions using legal indices outside the City Hall, the consideration plus the current assessment usually appears on the deed. If persistent, such as the last Daily Press reporter was, and I hope the current one will be too, one can go through the rigmarole of seeking the actual contract from City Hall. I

City of Hampton, VA Page 28 of 44 Printed on 1/25/2010 City Council Meeting Minutes respectfully request that all City transactions be done with full transparency so citizens can see where their tax dollars are going. And do have a Merry Christmas. Thank you.”

Mayor Ward thanked Ms. Charles and wished her a Merry Christmas as well.

Mr. Edwin Boone, 48 Snow Street, made the following statement before Council. “I’m here to represent the people. We always got to sign petitions so I’ve got a petition for the people to participate in. Insight. I stand in a glaring light. It stares at the truth. There are no shadows or obstacles that blind me. I am called insight. I see what others are blind to. I do not elude the pathway that leads me. I travel on a path that others dare to follow. I am not obscured by the shadows. I seek a friend called truth. The light shines so bright when truth is in sight. It is only he that knows the answer. Truth waits in the darkness. It is only he that sees the light. I have a web-site, e-mail address at [email protected], and I am appealing to the public to contact me so the public can get the blog together so we can communicate about the transactions here in the City of Hampton. I want the 7,000 vendors in the City of Hampton, 4,500 minority businesses here, and I’m the only one going through the Purchasing and Procurement Oversight Committee (PPOC) for the last six months. There has been one individual that has been included so there’s two of us now. The next Purchasing and Procurement Oversight Committee is December…December 16, 2009, at 12:30 p.m. at the IDA Conference Room, sixth floor at the Rupert Sargent Building. Again, my e-mail address is [email protected]. I need the public, someone out there to help me get this blog together, because I’m feeling by the time we get from the Christmas vacation, this is the time of urgency. The ground will be broken at Buckroe. I want you all to go to Buckroe and look at the B-lot and see that there is some activity there right now against the petition that we the people submitted, 8,000, when only it required was 4,000. Thank you.”

Mr. Hugh Bassett, 117 Rip Rap Road, made the following statement before Council. “I’m speaking as a private citizen. I’m here to support a friend of mine who feels that the City, a few years back, discriminated against him in the purchase of some property for a commercial project that the City constructed. His property was taken by eminent domain. Now black people in this City, we know about eminent domain. My Uncle Johnnie used to live on property right over there, and you took his house by eminent domain. My grandparents had a farm on Quash Street, which was then King Street. When (Interstate) 64 came through here, you took his farm. He wound up on Stewart Street on a piece of property that wasn’t as big as this room. Eminent domain is nothing but legalized theft, okay, when the government comes along, takes your property and gives you what you think its worth. My friend took the City to court, but when you go to court, you are going to the wolf, telling him that the fox is after me, why don’t you do something about it. It is the same people. When I sued the City over reassessments, I went before a judge. The judge was temporary trying for a permanent seat. Do you actually think that a judge is going to vote and rule in favor of a citizen who is suing the City and then expect politicians…all of you all are friends…and going to support a citizen over the City and then expect to be appointed. That is not going to happen, okay. I think that by now you might have figured out who my friend is, but it is Mr. Ottofaro back there. I don’t know the facts. I have never seen the numbers, but he feels that he wasn’t treated right. And when the response I have heard from the City, from the two lawyers up there, Ms. Ward and Ms. Hudson, was that this case has been through court. And the court has made a decision in favor of the City. So what. That doesn’t mean just because it went through court and the court favored the City, which is usually how the

City of Hampton, VA Page 29 of 44 Printed on 1/25/2010 City Council Meeting Minutes courts rule, that the decision was a fair decision. Why can’t you just sit down and go back and look and see what did people get paid for the property that was taken for that Power Plant production. Was Mr. Ottofaro’s payment equal to what the other people got on that project. He says that he has been discriminated against. Reverse discrimination, I guess you call it. We are going to make him an honorary black person. Because now you know what has been happening to black people for years when they…when you did this around there, this urban renewal back in the 60s, they should have called it urban renewal negro removal because that is exactly what happened, okay. So why can’t you just sit down… I mean, it’s Christmas. Mr. Kearney, you have got your Christmas hat on. Just sit down… it is possible somebody made a mistake, that somebody didn’t get treated right. That Mr. Ottofaro didn’t get treated right. If he didn’t get treated right, make it right. What is wrong with that? If you can hire a historian for $600,000, then I know you can find the money to make things right. And if he was treated right, then put some numbers on the table, explain it to the public saying that this is what happened, we think we are right. Show it to us, and then maybe Mr. Ottofaro will stop…I doubt it, but maybe he will stop coming down here. But the response you keep giving is that the court has made a ruling. Come on now, you all are lawyers, you know that don’t make a difference. No court is going to tell you that we made this ruling but you can’t go back and make things right. Merry Christmas and thank you and those decorations are really beautiful.”

Ms. Deborah Pearson, 627 Decatur Street, Newport News, made the following statement before Council. “I am a member of the Coalition of Justice for Civil Rights. On September 3, 2009, two black men were stopped by four policemen. They told them to get out of the car and began to question them. They asked them, “what size shoes do you wear? What school do you attend? Do you have any weapons? Do you have any drugs? Do you have any bazookas? The officers began to search the vehicle. They made the young men take off their shoes and search inside their pants for drugs. They were harassed for over 60 minutes. They were asked questions by over four police officers. In searching the car, they tore out the lining and damaged the car severely. They even ripped out the back seat. There were no summons issued to anyone. Racial profiling is against the law but not in Hampton. To stop black young men for no reason is disgraceful and this City should be ashamed of itself. God bless us all.”

Ms. Madena Cooper, 1127 Garden Drive, made the following statement before Council. “I’m a member of the Coalition of Justice for Civil Rights. On August 15, 2009, a black lady was stopped by three police officers and a K9. They were asked to get out of the car and the car was searched. The lady had her 16 year old daughter and her 15 year old niece with her. The police told her daughter to get out of the car and they searched her. They told her niece to put her hands on the car and they searched her. The dog was vicious and almost bit the lady. The dog searched the car and found nothing. The officer searched the lady and her daughter and her niece and put their hands in inappropriate places. They then went through the lady’s personal belongings and tore them up. While that was going on, police searched and tore the inside of the car. After this humiliation the police officer did not give the lady a summons. The lady was detained for over two hours. What a shame on the City of Hampton. How can it be that Hampton can do what it pleases to black people and nobody cares, not Senator Locke, not Delegate Ward, not Senator Miller, not Bobby Scott and not Dr. Mary Christian. Must Rudy Langford continue to fight this battle alone? Thank you for listening.”

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Mayor Ward said she believes that some of these matters are ongoing complaints and maybe the City Attorney can respond.

Ms. Cynthia E. Hudson, City Attorney, said they are indeed. The City Attorney made the following statement before Council. “The two incidents or the two sets of allegations that were just described by representatives of the Coalition for Justice were the subject of written complaints submitted by that organization and to which the City has responded within the time requested by the organization. In fact, perhaps just about seven, eight days ago, a response went out stating the findings of a Police Department internal investigation of the alleged incidents. There is video evidence with respect to both of the incidents that were discussed here tonight that belie the allegations that are made. That has been communicated to the organization. The City stands by those investigations, at this time has no reason to believe that they have merit and have completed the investigations that were requested, which we will continue to do whenever such incidents are brought to our attention. It is a very significant public responsibility that we have to put police officers on the streets to enforce the law, and we take that responsibility very seriously in making sure that those responsibilities are carried out consistent with the Constitutional rights of Hampton citizens. So to the extent there are complaints of that nature, we will continue to take them. We will continue to investigate them. But to date, we have not been able to substantiate that rights have been violated.”

Mayor Ward thanked the City Attorney.

Mr. Rudy Langford, P. O. Box 282, Hampton, made the following statement before Council. “The Coalition supported Pete Peterson for City Manager, however Mary (Bunting) will do just fine in that position. In March 2009, Mr. Kirby Johnson and his family filed a complaint with the Coalition for Justice for Civil Rights. Mr. Johnson is a member of our organization and when he was interviewed by our judiciary committee, Mr. Johnson said he was stopped by police officers in Hampton; that he was searched, his shoes taken off, K-9 dogs was on the scene and the dogs did a search. In about ten minutes, over ten police officers were on the scene. Mr. Johnson said a police officer asked the other police officers should he do it. The police officers said yes and the police officer stuck an object in Mr. Johnson’s rectum or cavity. And the other police officers laughed while this took place. The police officer told Mr. Johnson he could leave without giving him a ticket or a citation. They also told Mr. Johnson they would get him. Mayor Ward, here is a young man who was a college student at St. Paul University and the City Attorney, my friend, Cynthia Hudson, and Ms. Mary Bunting say this never happened. That he made this story up, that there was no merit, no grounds. Well, the Coalition believes that he told us the truth, that there is ground to believe Mr. Johnson. What was his motive? Why did he sit home one night and think up a story such as this? No human being could make up a story such as this. What was Mr. Johnson’s motive? Mayor Ward, for this City not to accept some responsibility for this heinous act is unforgiving. The Coalition has filed nine complaints alleging racial profiling in stopping young blacks without probable cause. We have five more complaints to file, two for litigation, means lawsuits, and three with Cynthia Hudson tomorrow and with the FBI (Federal Bureau of Investigation). Mr. Wallace sued the City for violating his civil rights. Why can’t Mr. Johnson do the same? Why won’t you, Mr. Wallace, speak out and support Mr. Johnson as the Coalition for Justice supported you in your trying days in February when you were terminated by this City for violating your civil rights. And Mr. Washington, you too need to stand up and speak out for justice. This cannot

City of Hampton, VA Page 31 of 44 Printed on 1/25/2010 City Council Meeting Minutes continue to happen. You cannot continue to stop young black men for no reason, search them, don’t give them a citation and violate their private body.”

Mayor Ward asked the City Attorney to tell them about the Kirby Johnson case.

The City Attorney made the following statement before Council. “Certainly, Mayor, members of Council, general public, the Johnson matter that Mr. Langford has just referred to, I wish very much I could speak more specifically to the merit or lack of merit, I should say, of that complaint; however, it is the subject of a Federal civil lawsuit at this time which constrains me from speaking any more specifically about the facts. But I would certainly put it in the same category as the other complaints we have investigated. We have not been able to substantiate there is any evidence to support the allegation of misconduct that was made in that case.”

Mayor Ward thanked the City Attorney.

Mr. Frank Ottofaro, 63 Wheatland Drive, made the following statement before Council. “I’m here tonight to address the Council on taking my property at 11 Pine Chapel Road for the Power Plant. I have been before this Council many times asking this City Council, in good faith, to correct the injustice that has been done to me and my family. I had a dream last night that Santa Claus flew over the City Hall and passed you a check for me. I hope that it is true. I think that Ross Kearney got the check for me. The Former CEO, City Manager, Mr. George Wallace, said that no homes or land would be taken for use of eminent domain by the City of Hampton for a $12 million road for the project. Ms. Mayor, I repeat again tonight, please feel free to let me know how we can resolve this problem with our City government. I was discriminated against. My Constitutional rights were violated. I hold the City of Hampton responsible for the way I was treated. My case should not have been heard in the City or the State courts. I feel that a conflict of interest took place in both courts. I request that all seven members do your duty, correct the injustice that has been done to me as a citizen and taxpayer of Hampton on taking of my property for the Power Plant. But, discrimination in various forms is evil and it kills the human spirit. Mr. Wallace, I would like to ask him a question, directly to the whole Council. If you were a commanding officer of the submarine USS Hampton, who would be responsible for anything that goes wrong? The commanding officer, CEO would be responsible for it. I was lied to. You gave the other property owners $3.4 million to buy the other 15 homes that City Council approved the money. We weren’t obligated to the City of Hampton to put the property on us to pay the $3.4 million. You gave Cordish $30 million. You stole my property. You didn’t treat me right and I want to be corrected. Please do that for me. Please. Okay. Please. I’m your safety consultant for the City of Hampton…no charge. You have got some bad roads in this City. Saunders Road out Big Bethel…Saunders Road is one of the worse roads we have got. Little Back River Road is a bad road. You are getting ready to spend $5 million at Pear Avenue and Kecoughtan Road. Going to cut off two lanes, four-lane highway down to two lanes, put trees down there, light fixtures, rezone everything residential. What are you trying to do, put a wall around it like the Wall of China? You can’t do that. Spend the money down on the other roads. You have got sidewalks that need to be placed on Cunningham Drive. People in wheelchairs can’t go down there. No sidewalks at all. Eden School, go down there and take a look at the stuff. Stoplights you are putting. $200,000 stoplights you are putting up. Thank you. Merry Christmas, Happy New Year. Please take care of me.”

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Mayor Ward wished Mr. Ottofaro a Merry Christmas.

Mr. Maurice Kleinman, 26 Rileys Way, made the following statement before Council. “If I look familiar to you, I was here six years ago complaining about flooding and here we are again. During (Hurricane) Isabel in September 2003, my house took 18 inches of water. Most of that water was from Chesapeake Bay, although I live right on Long Creek which is about a hundred yards from my house. I didn’t get any water from Long Creek. Most of the water back then was from Chesapeake Bay. Sometime in 2005, I think there was an informal citizens’ committee that was organized to talk about flooding and flooding issues, and for some reason, I don’t know exactly why, that committee was not successful in getting any changes made. In spring of 2007, there was an official citizen’s’ committee that was put together to look at the reasons for the flooding and what could be done about it. There were about 18 citizens. I was one of those that were part of this committee, and I guess we got organized in April of 2007, and we met once or twice a week for three months. We gave up our time to meet about the flooding and what we felt should be done about the flooding. At the end of the summer of 2007, we came up with roughly 12 recommendations. The biggest one being fixing Factory Point, there’s also some breakwater issues, some storm water drainage issues, but the major point was fixing Factory Point. So here we are, summer of 2007, and I know there were a lot of negotiations, there were a lot of permitting issues, there were a lot of behind-the- scenes work that had to be done, but finally you all approved it. I think the project was about $3.5 million, and we finally started in September of 2009, six years after (Hurricane) Isabel. Unfortunately, we had the storm in October, and there really hadn’t been enough time for them to do any work in Factory Point, and whatever they did, what little they did, was wiped out. I know there are some opinions as to, you know, is Factory Point the answer or isn’t it the answer? The committee felt it was the answer. You all voted on it and you felt it’s the answer. The reason I’m here tonight is that since this storm, the tides have been higher in Long Creek. By the way, this time I got flooded by Long Creek not Chesapeake Bay. The tides have been higher in Long Creek, both low tide and high tide. I just want to make sure that we revisit Factory Point. I don’t know if the barges have been pulled yet, but we need to fix up Factory Point now before the next hurricane season. Otherwise, I think there will just be more devastation. And fortunately nobody lost their lives during Isabel, nobody lost their lives during this storm, but that could happen. Thank you very much.”

Mayor Ward asked Mr. James A. “Pete” Peterson to provide Council with a status update on Factory Point.

Mr. Peterson said they have issued a contract for the rebuild of Factory Point as well as some of the dredging around Dandy Point Marina and those areas up in there and that is underway and the sand is being dredged. He said the storm paused that and as they all know, a barge broke loose and they had to wait for the right time to move that. Mr. Peterson said he was not sure if that is finally moved yet but he will get an update to Council on that. He said there were some issues around the barge that the regulatory agency said you need a permit to go in and disturb the wetlands that the barge was inside of, so he is not sure they resolved all of those. Mr. Peterson said the way the construction contract is written is that the Factory Point has to be built to a certain height. So if anything was lost during the storm, the contractor still has to come back in and build it to that height. Mr. Peterson explained that they are still dedicated to the project and a contract is issued for it. He said he will provide Council with more information in the Friday memo so they will know exactly where they are.

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Vice Mayor Spencer asked Mr. Peterson what the anticipated completion date is. In response, Mr. Peterson said they only have six months that they will let them do the actual dredging because of other things related to the wildlife and the habitat on Factory Point. He explained that the period is from September 15 to about March 15. He further explained that they are hoping that they would have all of the rebuilding done by then but the storm has set that back. He said they are not sure, but they have to stop again in March 2010 and wait for the season to start again which will be in September 2010. Mr. Peterson said that is what the regulatory agencies require. He said they are hoping to have it rebuilt by March 2010 but the storm may have set that back.

Dr. James Rudisill, said he represents the homeless folks in the community. He said he is a pastor for the homeless folks and at the last Council meeting he requested that the City consider opening up the Armory…

Mayor Ward asked Dr. Rudisill to give his address.

Dr. Rudisill said his last address was on Pembroke Avenue at the Messiah Center and before that he lived on Aberdeen Road at Grace Fellowship. He said his request is that the Armory be opened up and be allowed to use for the homeless folks. He said that any morning about 7:00 a.m. there are 20, 30, 40 people standing out in the weather, whether it be rain, and they are cold and they get soaking wet. He said they have to wander around town all day long with no place to get out of the rain. Dr. Rudisill said occasionally they go to the bus station and the 7-11 store but some have been arrested and put in jail for trespassing. He said that on Veteran’s Day the library was closed, so the veterans had to stay out in the rain during that cold weather period. Dr. Rudisill stated that as he requested of the Council, he had some very favorable responses that he appreciated, and there was an article in the newspaper about the Armory being used to shelter the homeless. He said there was a resounding yes from the community with only 21% of the people that responded to that poll said don’t do it and over three-to-one of the community said it should be open to the public. Dr. Rudisill said they have a 501C3 organization that is willing to pay for the operation of that shelter. He said they would like to have the cooperation from the City in getting access to evaluate what they need to do to make it a place that could be used. He said he would like Council to ask the City Manager to help us evaluate it. Dr. Rudisill said Economic Development has tried to market the building on several occasions and has been unsuccessful, but there are a lot of studies and knowledge about that building so they would like access to that so they can quickly open it up and get people out of the rain because it is going to be so cold, some people will die this winter from exposure if there is not a place they can use. He asked Council to direct the City Manager by vote to expedite his request. He said no one could find the keys to get into the building and he is sure there are keys somewhere. He asked if it was possible to make such a request.

Mayor Ward thanked Dr. Rudisill and said that they could not have a discussion back and forth but she would be happy to address his concerns after the Council meeting. She said they can ask the City Manager to look into it.

Mayor Ward said her own personal observation, having been in the Armory building, is that it is not safe for habitation at this point in time. She said they will have the City Manager look into the homeless issue and the people Dr. Rudisill is concerned about and whether or not they can find some way to ensure they are safe through the winter months. She said she is not sure the Armory is the answer. She said she is not going to

City of Hampton, VA Page 34 of 44 Printed on 1/25/2010 City Council Meeting Minutes direct the City Manager to let you in the Armory but she will ask that he look into the issue.

Councilman Wallace said he believes the objective here is to try to find a site where the homeless can be inside and someplace that is habitable. He said it doesn’t necessarily have to be the Armory. Councilman Wallace said if the objective is to get the people out of the cold, then he believes the more specific or the more germane objective is to direct the City Manager is to see if he can’t develop a shelter, a temporary shelter facility someplace in the community that can accommodate the homeless.

Mayor Ward told Councilman Wallace that she believes it is a little more complicated than that, with all due respect. She said she believes there are some community groups involved in finding shelters for the homeless. She asked the City Manager to look into the issue in general.

Councilman Wallace said he contemplates all of that as being part of the process, but the objective from his perspective is the homeless need someplace to go. He said however it is defined or presented or described, he doesn’t have any objections to that as long as they can address the issue.

Mayor Ward thanked Councilman Wallace.

Councilwoman Leary said this question was asked of her last night (December 8, 2009) at the Military Affairs Committee (MAC) meeting. She said her response was with a report that she read, a consultant’s report that the citizens paid for this Council to do, clearly states that the Armory is in no condition to be occupied at this time. And unless somebody has got a million dollars setting around, there isn’t the money to take care of the asbestos and the other things that would be required as far as abatement is concerned. Councilwoman Leary said that she added to that information that Hampton Ecumenical Lodgings and Provisions (HELP) and LINK also work with the City of Hampton to provide housing in the evenings at different churches. She said they all know that they work to provide a night’s welcome for the City’s homeless. She said in addition, she believes that what was being about, the inquiry, and she hasn’t had time to read that particular article because she has been working on other issues. She said if she is correct in this, what Dr. Rudisill is looking for is a place for people to go in the daytime. She said if that is true, the City doesn’t have any buildings, but there are other places that have buildings and she is thinking of Riverdale that might be willing to open. She said there are other buildings that the City could temporarily use or put some money towards for this type of thing. Councilwoman Leary said fixing a daytime facility for people that will provide the things they need, in addition to a warm, safe place, there could be other liabilities involved that since the City is self-insured, she is not willing, as a member of Council, to vote for getting involved in something like that. She said there are many, many entities within our cities that are tax exempt that she expects to give something back in return for not having to pay taxes and this is probably one of them. She said she doesn’t have a problem with staff looking into finding a facility or a business that might not be used right now to provide some type of daytime activity or warmth or whatever. She said the churches are doing a great deal right now and she is just not in a position with the $20 million plus shortfall, to get involved with an additional effort. Councilwoman Leary said she felt it was only fair to say that upfront, but she does believe the City Manager can work something out with our businesses.

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The City Manager said the City of Hampton, like cities around Hampton Roads, has been trying to address the homeless issue for a lot of years and Hampton has a very progressive record with that. He explained that in the policy context the City has chosen to follow, and that he believes makes a lot of sense, is to try and center its homeless strategies through the HELP and LINK programs. He said all of their efforts would be to look at it in that context. The City Manager said it is his understanding that Dr. Rudisill has resisted that part of the equation and he doesn’t want it to be a public misunderstanding. He said a lot of things get said at the dais that the City works very hard with the community agencies, and to their knowledge, the homeless are being served very well. He said they will be more than happy and, in fact, he believes that one Councilman at least and he believes the current Assistant City Manager has had conversation and they will follow up with that and get more information. The City Manager said he would hate for the public to think that there is something missing right now because it is being done in the context of HELP and LINK.

Dr. Rudisill said you read the newspapers. They have names and photos…

Mayor Ward told Dr. Rudisill that his comments were not appropriate.

Ms. Peggy Blake, 1662 Old Buckroe Road, said she knows that Council hears a lot of complaints, receives a lot of problems and receives some criticism, but she is before Council to tell them and remind Council that there are a lot of people out there in the silent majority who agree with many of the decisions that you make and are very proud of the courageous decisions that you come forth with. Ms. Blake said she is sure this year has been a very difficult year for Council and they have had a lot of difficult decisions to make. She said she was delighted to commend Council for making the courageous decisions they have made, especially trying to follow the Master Plan in Buckroe. She said they were delighted to see a little bit of encouragement in Buckroe recently. Ms. Blake thanked Council for serving and for a job well done.

Mayor Ward thanked Ms. Blake.

Ms. Sherry Powell, 25 Raymond Drive, said she wanted to speak about the flooding issue that Mr. Kleinman spoke about earlier. She said he spoke about Factory Point. Ms. Powell said she didn’t have any statistics or any dates but she knows that ever since (Hurricane) Isabel she had two feet (of water) in her house. She said there is a tidal inlet behind her house. Ms. Powell said people have been talking about dredging and doing things to be able to prevent the flooding and nothing has been done yet. She said that they suggested that it is going to be done and that they are going to do this or do that and they flooded again. She said they had 9 inches of water in her home. She said nobody seems to do anything about it, they just talk. Ms. Powell said all of her neighbors are down again to where they were at (Hurricane) Isabel and it is just as bad. She said they have people that are building on the wetlands and she believes that is a big problem because where else is the water going to go when they are building on it, that is where the water should go. She said there is a tidal inlet throughout her neighborhood and no one is dredging that and the silt is building up. Where does it go? It goes in her house. Ms. Powell said she wanted to bring this up, other than Factory Point, because it is affecting a lot of people. She said she is sure that the insurance company is tired of paying out to everybody for the different damages. Ms. Powell said her first damage was nothing like a lot of people, but she had $16,000 in damages and this time it is $12,000 in damage. She said she is tired of rebuilding and she wanted to

City of Hampton, VA Page 36 of 44 Printed on 1/25/2010 City Council Meeting Minutes go on record saying that somebody needs to stop talking about it and actually do something about it.

Mayor Ward thanked Ms. Powell.

Mr. George Baisley, 17 Michelle Drive, said he has been a citizen in Hampton for 39 years. He wished everyone Happy New Year, Merry Christmas, God Bless you, Happy Hanukkah, if that is your persuasion. He said he knows it is not tax season yet or it is not budget season. He said the one thing he would like for Council to do is during the budget season, raise the limits that senior citizens can have in earnings to get a break on their tax for their real estate. He said most of the time Council does a fine job and he doesn’t want to have their job. He said he was in Farm Fresh one day and the former police chief tapped him on the shoulder and asked him if he was going to run for City Council. Mr. Baisley said he told him that no way in God’s world does he want to be blamed for anything they do. Mr. Baisley extended God’s blessings, a Merry Christmas and a Happy New Year to Council. He encouraged them to be peaceful and to pray for the nation and to pray for our soldiers who are stationed in Iraq and Iran and who are protecting us from an unseen enemy or an enemy that we have.

Mayor Ward thanked Mr. Baisley.

Mr. Andrew Shannon, P. O. Box 120002, Newport News, made the following statement before Council. “Greetings. Good evening. I greet you on behalf of the Southern Christian Leadership Conference (SCLC), founded by Dr. Martin Luther King, Jr. On behalf of the SCLC I would like to convey my sincere appreciation to you individually and collectively for your efforts to honor Dr. Martin Luther King, Jr. in the City of Hampton. We began this process several years ago with Mayor Kearney, also known as Santa tonight, who we thank Mayor Kearney for first serving as the host to Dr. Joseph Lowery, when he came to the City of Hampton, as well as Martin Luther King, III. Mayor Ward, we certainly thank you for your service of hosting Dr. King’s niece this year, Dr. Alveda C. King and I want to announce here publicly, you all will be the first to know that we are going to bring Dr. King’s daughter here to the Hampton Roads area next year, Reverend Bernice King. She is the president elect for the SCLC, so she will be here next year. Also I wanted to take this opportunity to thank Councilwoman Leary for serving as a host for some of our forums and also our step show, and let you know that our hearts and prayers are with you and your family as well as the other families who have been affected by the Nor’easter. We pray that God sees all of you through this difficult time. And, of course, I would be remiss not to thank Councilman George Wallace for his service. He served as a celebrity server for us as we fed over 2,575 people during our Feeding 2000 program, so we want to thank you and commend you for your service. We just thought that it was important to take time out to thank the members of Council individually and collectively for your help. I do want to say in closing that we are planning more feeding programs in the City of Hampton. I had a meeting with Mr. Boo Williams last week. We served 2,500 a couple of weeks ago and we are going to feed 5,000 in Hampton next year. We are working on doing some other programs and services. So I’m here on behalf of the organization, representing the Peninsula District, which includes Hampton, Newport News, Williamsburg, James City County, Poquoson, and also the State unit and our national organization. Merry Christmas to you all, Happy Hanukkah and a Happy Kwanzaa and may God bless you all.

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Mayor Ward thanked Mr. Shannon.

Mr. James Quigley, 2733 North Armistead Avenue, said he represents the Peninsula Libertarian Party. He said he was before Council to talk a little bit about a situation with one of the contractors that withdrew their consideration for the Chesapeake Bay rezoning. He said one of the things that contractor wanted to do was to go ahead and build on the properties where the Sans Souci Motel and Gordon’s Trailer Park are. He said the Libertarian Party is a little bit split on this. He said on one hand, the people that live in the Trailer Park have inexpensive housing, which is very important. On the other hand, you have a contractor who seemed to want to go ahead and develop there and she felt that she had a legal right to do so on some of the property there. Mr. Quigley said the contractor was a contractor that opposed the City’s plan when it came to Buckroe Beach and we all know how emotional an issue that was. He said it seems with some of the other contractor issues they have been hearing tonight and they have heard before there are some contractors that basically get along with City Council. Mr. Quigley said they seem to get what they want and get special, or should I say get more legal representation or more legal leverage than others, while other contractors, City Council and the legal representation seems to go out of the way not to help or find ways, reasons for not helping. He said from the perception of a citizen sitting outside your process, it almost seems like either a pay to play or patronage system because there is, of course, some campaign donations and whatnot going on. Mr. Quigley said the only thing he is asking for at this point is if City Council could try to make some kind of official statement to the Daily Press to address that maybe something that could get published because there is that perception.

Mr. Quigley said the second thing he wanted to bring up is the City is excessively into the real estate business which causes the recreation of new buildings in the hopes that all of a sudden they will have new business come in but that is not the case. He said when you create new buildings and businesses get displaced, and then you have all of this wasteful space such as near the Post Office at Mercury Boulevard. Mr. Quigley said if the City has a bunch of homeless people in the City and they need a place for them and the City has a bunch of dead pigeons and roof pieces and everything else inside these buildings, can’t the City make some sort of contract where they go and help clean up that building and they have a place to stay and a roof over their head until the City figures out what they want to do with the property. Mr. Quigley said there is so much to bring up tonight. He said the issue with the young men and women being pulled over by the police. He said you might have a nice process for that but the question is not the procedure, the question is why they were pulled over in the first place.

Ms. Harriett Arrington, 109 Charlton Drive, said her neighbor spoke and that is why she felt the need to speak. She said obviously they know there has been flooding and Council knows quite well of the flooding issues. She said it is impossible for them not to know. Ms. Arrington said she has been in Riverdale for 18 months in a ranch house and she had 11inches of water that saturated her entire house. She noted that according to the water mark the garage was 16 inches and according to the adjusters, the outside was 22 inches. Ms. Arrington said the tidal water brought waves and she hopes none of the Council members have to experience this, but it broke her garage door…the waves of the water in Riverdale in Hampton. Ms. Arrington said she had a question and she would appreciate someone from Council answering it. Who does she talk to and what is her next step as a new resident of Riverdale and what does she do to formally make this

City of Hampton, VA Page 38 of 44 Printed on 1/25/2010 City Council Meeting Minutes a formal issue for someone to look into. She said she doesn’t know the procedures and she would like to know what she should do.

Mayor Ward told Ms. Arrington that the City Manager will ask someone to get in contact with her and explain how everything works.

Councilwoman Leary said she wanted to let the public know that the other night she spent about an hour and 45 minutes in Home Depot that she didn’t intend to spend there, but when people have questions and issues she will try to address them anywhere. She said that many people, or the majority of people, talked about flooding and she is not talking about nuisance flooding which is in the streets and in the driveway, she is talking about in the house, the garage and losing possessions and not being able to sleep in your house. That is what she is talking about. Councilwoman Leary said some of the people were from Poquoson so she agreed to go to Poquoson and talk to them about what she believes to be a certainty as far as Poquoson is concerned and the City’s role in all of this. She said she hopes her peers don’t have any objection, but she was going to ask the City Manager if she could use Council Chambers to call a meeting of the public, especially those in Riverdale, King Street, Fox Hill and Grandview, to talk about flooding and maybe even give out some additional information as far as where to go and who to see. She referred to information that was provided by staff already. Councilwoman Leary said she knows the gentleman across the street that Mayor Ward met, Mr. Joseph Wynn, was able to get the Small Business Association (SBA) to give him a 2.5% loan, which really helped him since he had no insurance. She said Mr. Wynn wanted to be at the Council meeting to thank Mayor Ward for coming out to view the neighborhood. Councilwoman Leary said she believes that there is a lot of information that people may not have and she wants to see if she can help expedite that information. She said she believes there are questions to which the people deserve answers and she wants to see what she can do to help move that along.

Councilwoman Leary wished everyone, all of the citizens, those in Hampton and those far beyond that see our meetings in Iraq and Afghanistan, a very special Merry Christmas, whether you are able to celebrate that at home or somebody else’s home. She said she will be celebrating it with Ms. Joan Charles, who is kind enough to let us live with her for a while. She also wished everyone a Happy Hanukkah and a Happy Kwanzaa. Councilwoman Leary thanked everyone for attending the meeting.

Councilman Wallace said he wants to speak to some of the issues he has heard tonight and to also reflect a little bit on some of the comments Councilwoman Leary made. He said he just mentioned to Councilman Gilliland that Council has a management expectation issue that they have to deal with or a citizen expectation issue that they need to deal with in the context of what they realistically can and cannot do. He said last week Council had a presentation from the Fire Department and he forgets what the exact connotation was, but it was in reference to the areas of our community that have repetitive flooding and they identified at least 16 acres that have repetitive flooding time after time. He said there are some situations where there are going to be some occurrences related to weather that the City is not going to be able to mitigate, fix or change just by virtue of the City’s topography in terms of being one, two or three feet above sea level. He said if the City gets a Nor’easter with the rain saturation and the tide just sits there for two or three days the rain has no place to go. He said it is very difficult for the City to be able to deal with that without some homes being flooded. Councilman Wallace said in his judgment, the City needs to create some mechanism so

City of Hampton, VA Page 39 of 44 Printed on 1/25/2010 City Council Meeting Minutes people will understand that and know where they are living and where these issues are in terms of what they can expect to happen when these certain kinds of conditions take place. He explained that way there are no surprises to them and no unrealistic expectations of the City to mitigate and fix those kinds of situations. Councilman Wallace said he believes there needs to be some kind of communication mechanism where a reality test actually takes place and everyone will understand what the issues and risks are associated with where we live. He said then they can speak in terms of what are realistic expectations of the City to fix and mitigate. Councilman Wallace said he would like to see staff help develop that kind of mechanism so they can have the community meetings and educational process so everybody is hearing and digesting this information simultaneously, with everyone walking out of the room or leaving the room with the full realistic expectation of what is real.

Mayor Ward thanked Councilman Wallace.

Councilman Gilliland said it has been an exciting year, to say the least. He said Council has had a lot on its plate and he appreciates the citizens who have called and e-mailed, and as Councilwoman Leary mentioned, stopped them in the Home Depot. Councilman Gilliland said the Council members volunteer for that task when they run for office so they don’t do it begrudgingly at all. He said he actually enjoys the conversations regardless of how pleasant they may or may not seem at the moment. He said we are coming into the season where they can all take a deep breath, spend a little bit of time with our family and our friends, enjoy each other’s company, put the battles aside for at least just a few day and come together as a community to celebrate the holidays however they may choose to. Councilman Gilliland wished all of his fellow citizens and his fellow members of Council a very Merry Christmas and he hopes everyone has a wonderful holiday.

Councilman Washington agreed with Councilman Gilliland that it has truly been an interesting year on a lot of fronts. He said he would think that the participation of the citizens in the process of making government work is the most appreciated aspect as far as this past year has been because without the citizens’ voices, they tend to go along and not make those critical decisions that they need to make. Councilman Washington said Council appreciates anything and everything that the citizens bring to them, whether it is in Home Depot or Wal Mart, or K-Mart or whatever. He said he has had many a meeting in those locations with citizens so they can voice their concerns or positions relative to a given issue. Councilman Washington said it has been interesting for him that it has been challenging as far as his health is concerned and he gives all praise to his Father in Heaven, Almighty God, that he is where he is today, and he has no reservations about where his strength comes from. Councilman Washington said he looks forward to the coming year because he believes there are some challenging things that they are going to face as they go forward and the budget process is going to leave a lot of blood on the floor. He said it is tragic it has to happen this way but they have to be realistic also. Councilman Washington said with the State indicating they are going to dry up the well as far as dollars are concerned and the economy is going south, there are a lot of things that they have to deal with. He said it is going to be a challenging budget process as well as other issues that will follow but he is looking forward to the challenge. Councilman Washington wished everyone, whether in the audience or at home, that however they celebrate the season, don’t forget what the season is about and Who it is about because that is the important thing. He said when you get with your

City of Hampton, VA Page 40 of 44 Printed on 1/25/2010 City Council Meeting Minutes families and friends, whether here or out of the area, keep that thought in mind about what this is all about, Christ-mas.

Councilman Kearney said being the official greeter tonight for the community, he wished everybody a very happy and a very Merry Christmas. He referred to earlier comments regarding the great City of Hampton. He said they have a community that comes together, a community that participates and you don’t find that everywhere. He said when people start lining up and comparing Hampton to other cities, he doesn’t think the other cities compare to Hampton. He noted that Mr. James B. Oliver, Jr., who stepped in to be the City’s interim City Manager, gets in his car and drives through the Hampton Roads Bridge Tunnel (HRBT), if it is moving, and goes to Norfolk where he lives. He said Mr. Oliver will say publicly and privately to all of the citizens how great a community Hampton is. He said they cherish things, they protect things and they are very inclusive. Councilman Kearney said he believes that the growth of the population and diversity reflects the fact that Hampton is a place that people want to live. He said they are very proud of that and he hopes that continues. Councilman Kearney said it has been a real honor for him to have served on Council and to work at trying to make it better. Councilman Kearney shared a story that he was talking about during the celebration of Jamestown, for those who were flooded during this past storm. He said he was talking to the Chief of the Tribe and he was taking part in the celebration of Jamestown and he was there as Mayor. Councilman Kearney said he wondered how the Indians handled the flooding issues back in their day. And the Chief of the Tribe looked at him and said they came down and fished. He said they didn’t live here, they lived in Williamsburg. Councilman Kearney said that made him think, there were no teepees in Phoebus, they went up to higher ground. Councilman Kearney said he has watched the community grow from a number of 60,000 in the late 1950’s into a community of maybe 160,000 including the military and as Ms. Powell stated living in what we call wetland zones. He said he never thought people would live where they are as such. He said the same thing is happening in Carrollton, where people live now, Pagan River, back in those swamp areas and creating the problems. Councilman Kearney said they create their own problems but he believes they have a wonderful community that comes together so often and does the right thing. He said he believes every member of this Council in his years in dealing with them and some of them he has known many years and are just sincere, hardworking people and it is a real pleasure to be affiliated with them and with a staff that tries to bring it all together. Councilman Kearney wished everyone a very Merry Christmas, particularly his fellow members of Council and the management team.

Vice Mayor Spencer said he would like to echo all the comments his fellow Council members have made to the citizens about what an honor and privilege it is to serve in this capacity. He said they appreciate the input and they listen to the criticism and they do their best to resolve the issues that come before Council. He said they take each position and each circumstance to heart and try to find some resolution. Vice Mayor Spencer said this is a very special community and next year the City will be celebrating 400 years. He noted that Jamestown celebrated in 2007, but they didn’t stay in Jamestown. He said the ground wasn’t’ high enough and he guesses the mosquitoes got them and they got out of there. He said people have been in Hampton for 400 years and that is quite a significant achievement. Vice Mayor Spencer noted that with the season there will be a parade in Downtown Hampton on Saturday, December 12, 2009, at 7 p.m. He encouraged those in the audience and those watching at home to come Downtown. He said he hopes the weather doesn’t bring rain because he doesn’t want it to rain on the parade, and he wants the kids and the families to come out and enjoy it.

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He said it is a special time of the year to be with loved ones and to really enjoy the season. Vice Mayor Spencer said at this time of year they really need to think about those brave men and women in our armed forces who are serving this country away from home and our hearts and prayers are with those brave men and women, wherever they are, serving this country and to their families whose hearts ache for them to be with them at this very special time of year. Vice Mayor Spencer said they are so blessed and fortunate and they certainly want to keep those who serve in harm’s way in our prayers. Vice Mayor Spencer wished everyone a very Merry Christmas.

Mayor Ward wished everyone a happy holiday and a Happy New Year. She said it is exciting that we will be entering the City’s 400th year and she encourages all citizens to participate in the New Year’s Eve festivities when the City kick’s off its 400th birthday. Mayor Ward also thanked everyone for the opportunity to serve as Mayor.

Miscellaneous New Business

Councilman Wallace said he wanted to make a comment before Mayor Ward closed the meeting.

Mayor Ward said she promised the City Manager that he would be able to have the last word.

Councilman Wallace said that Councilwoman Leary wanted to say something again and he also had a comment.

Mayor Ward asked that they be brief.

Councilwoman Leary said they love the opportunity to serve with Mayor Ward and that is what she wanted to add. She said she also wanted to say something in response to what Councilman Wallace said about staff working on some issues to present to the public. She said when she made her statement about the public meeting she wants to hold, she would like to do that on her own without asking staff to hustle to do some additional work. She asked Councilman Wallace to allow her to make her presentation first and if he wanted to counter with that, it would be fine with her. She said she really wants this civic engagement piece to work well so she will defer to Councilman Wallace.

Councilman Wallace said he didn’t get a chance to give his Christmas message and that is what he wanted to close with. He said he believes the Christmas story is called the Christmas Carol and the young man that was in the story was called Tiny Tim and Tiny Tim’s words were “Merry Christmas to all and to all a good night.” He said he would like to add to that and many blessings to all through the New Year.

Mayor Ward thanked everyone for their comments.

Mr. Oliver made the following statement before Council. “I got a phone call, surprise phone call. They asked me if I would be interested in coming over here and being the City Manager. And I guess the fact that it was Good Friday, I often miss the Lord’s calls. It seemed to be a very different kind of call, and I have to say that I have actually thought about it that way in being with you. It has been a great privilege to work with the Council, with the public and with the employees. Fairly quickly, you know, I think life is

City of Hampton, VA Page 42 of 44 Printed on 1/25/2010 City Council Meeting Minutes full of paradox and irony, and I think that is biblical as well as kind of real. And Hampton is to me a great paradox. I can think of no city, including my hometown of Norfolk, that has got a better sense of place. There are so many wonderful places in Hampton that you can go and the sense of community and sense of water, the sense of nature, the sense of industry and progress and history. It is just such a powerful combination, and yet the paradox for me has always been maybe are you are too biblical because I can’t find any pride easily. There is plenty of pride. There is plenty of bluster. There’s plenty of arrogance, plenty of my neighborhood is better than your neighborhood or my neighborhood is worse than your neighborhood so I ought to get a better street or something. It is an interesting paradox because I think there’s so much special. Just the little celebrations we had there tonight, a Hamptonian becoming a Wahoo coach and, you know, just the way Hampton rolls its sleeves up. I would like for you to know that there was also a Nor’easter in Norfolk. I mean, Hampton did not get the only Nor’easter those couple of days. And we always think it is so special when it happens to us, but there’s actually pretty good data that says what happens when you have a storm, whether it is Isabel or Ida, or, you know, whatever we had this past weekend, is the first thing that happens is a lot of goodness, a whole lot of goodness. People do incredible things. And then that is followed by anger. Everybody gets mad that they got flooded or they got inconvenienced or the City didn’t do enough or somebody didn’t do enough, and that is fairly typical. I mean, we could talk about 911 in those terms, unfortunately. So, you know, we experience that a lot. And everybody has already talked about 2010 is a very special time that is coming up for the City of Hampton. Four hundred years. It is remarkable. I mean, it is so special not just to Hampton, but to the country, to the Commonwealth, to the Indians, to the African-Americans. The things that have gone on in Hampton are just absolutely remarkable. I mean, they are so, so special. And as you go toward the end of this month and you get ready for that birthday, I would really hope you see the special opportunities and possibilities that are out there for Hampton. I think you have got a wonderful new opportunity with your City Manager. I happen to think this is a very special City Council. You don’t agree on anything and that’s okay. I mean, that is absolutely okay. If anybody out there, to include on television, thinks this group could cook a conspiracy, think about it. Just look at them, their faces, and who they are and what they say day in and day out and you couldn’t get a conspiracy out of this group. They would rat on each other. They would do worse than that. So that’s a blessing to this community, and I have seen these people respond. I don’t think Buckroe is a bad thing. I blame Jesse Wallace for the whole thing. Jesse briefed me about everything in the world about financial condition, you know, about what the Capital Improvement Program looked like. He didn’t say a word about Buckroe. And I hadn’t been here a week and, you know, the tsunami comes in. You all talk about the Nor’easter, what about the tsunami that came in, I guess it was in late May. But what did it turn out to be? Six of these Councilmen ended up getting pretty close. They didn’t like it. I mean, they couldn’t figure out why they were in the same boat, but that was a real building exercise. And then there was months of people showing up down here. There were still a couple down here tonight still talking about it and there was not a lot of agreement, but there was a lot of engagement and I think it has been a turning point for how the community and the City Council and the City Manager and the staff can start to have those conversations. I think our whole country is in kind of a new conversation. I mean, we are trying to figure out, what is citizenship today? What is the role of government? We have got a Libertarian Party. I always have to get past what does the Libertarian Party stand for? They don’t want a lot of government. That is the whole purpose of some of their message. And there is a lot of conversation about what is… it is a reinvention, if you will, of democracy. I mean, what is our new form of democracy going to be going

City of Hampton, VA Page 43 of 44 Printed on 1/25/2010 City Council Meeting Minutes forward. It is an exciting time. But, you know, we quote from Thomas Jefferson a lot, we quote Ann Kilgore. We quote a lot of people. But the times change and our system is kind of big and it changes too. We are in a ton of change right now, to include, you know, what is the role of citizens in the future? What is the role of the City Council in the future? What is the role of the City Manager in the future? Those conversations are influx, and I think they can be really rich. They also can be very, you know, negative. There is a human spirit out here. You know, your employees are phenomenal. They are absolutely phenomenal. Hampton has got a great core of City employees. You saw them performing during the Nor’easter. But I have managed four different organizations now that are pretty big and complicated. You can hurt the human spirit. You cannot keep criticizing City employees or citizens or City Council people and expect the spirit of excellence to occur. People, what I’m after as a City Manager for City employees is I want the discretionary effort that they bring to work every day. That is where you get excellence. All of us know how to work to the minimum. All of us know how to just get by. And if that’s what people demand, you know that is what they will get and that will be really sad. And the same thing, you have got on uncommon group of citizens. And to the extent you can kind of agree on where you are trying to go, you have got enormous energy to be harnessed. So I just think that 2010 ought to be a really special year. I don’t know exactly what it ought to be. Certainly there ought to be a few fireworks and a couple of parades and some of the history that you are going to talk about, but it ought to also be reaching into the dead center of your character and really, really taking the opportunities you have. You all have paid some wonderful prices to get ready for the future, whether it is the Town Center, whether it is Buckroe ready to kind of come forward, there is just so much rich opportunity and I hope each of you really feel it in a special way. And I want to thank you for the opportunity to be over here and I don’t know if I want to say I’m going to read the newspaper trying to keep up with you or not, but I will try to keep up. And I really bless each one of you, you are a wonderful group of people and I thank you for the opportunity.

Adjournment

______Molly Joseph Ward Mayor

______Katherine K. Glass, CMC Clerk of Council

Date approved by Council ______

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