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 Angela Lee Leary Charles N. Sapp Joseph H. Spencer, II Rhet Tignor Paige V. Washington, Jr. Ross A. Kearney, II , Mayor

Staff: Jesse T. Wallace Jr., City Manager Cynthia Hudson, City Attorney Katherine K. Glass, Clerk of Council Brenda J. Vaccarelli, Deputy Clerk

Wednesday, September 12, 2007 7:24 PM Council Chambers, 8th Floor, City Hall

CALL TO ORDER/ROLL CALL Ross A. Kearney, II presided Present: Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington

INVOCATION - Randall A. Gilliland

PLEDGE OF ALLEGIANCE TO FLAG

MAYOR'S COMMENTS

Mayor Kearney stated that there are a large number of people in attendance regarding White Marsh. He said that he hopes that many of the citizens attending the Council meeting have had the opportunity to see the “do’s and don’ts” that the City Attorney has put together regarding the roles the City of Hampton has dealing with the White Marsh issue and what roles belong to the Commonwealth of Virginia. He stated that the information was compiled in order to help the citizens understand the process.

Mayor Kearney recognized the following Kecoughtan High School students attending the Council meeting. Audrey Hollingsworth, Mollie Reddy, Brooklyn Hildebrandt, Jennifer Coiner, Ammie McCullouch, Forrest Hollingsworth, Kyle Turner, Katie Bodie, Brenda Ondra, Kelly Hinnant, Celina Pierrotte, Georgia Spence, Sally Thomas, Brittney Fiocca, Mallory Middleton, and Eddie Ledford.

Mayor Kearney asked the students to sign in and he would make sure that Mr. Arnie Baker, the Principal, receives the names of the students attending so they can receive credit.

City of Hampton, VA Page 1 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Mayor Kearney stated that he appreciated the students attending the meeting and they are welcome at any time.

Mayor Kearney welcomed back the Hampton University students to Hampton for the fall semester. He said that Hampton University is truly a gem in the community and it is dedicated to the promotion of learning, building of character and preparation of students for positions of leadership and service. He said that this semester there are 6,300 students coming in to the City and they are coming from 49 states and 35 territories and nations. He said that the Hampton University Faculty and students play a dynamic role in the community and in the administration and it is an honor to have them back in the City.

Mr. Fred Brewer, Chairman of the Hampton City School Board, stated that he appreciated the opportunity to speak to Council on behalf of the School Board. He stated that several years ago the School Board was able to acquire a piece of property off of Victoria Boulevard that was vacated by Sentara Hospital. He explained that during the last several years, the School Board, the City Council and the School Investment Panel, which is a cross-section of citizens of Hampton and the Greater Wythe Community, have had a lot of input into what the school system should do with the property.

Mr. Brewer stated that he was happy to announce that on Wednesday, September 19, 2007, they will break ground for the very first Pre-K through Eighth Grade School in the City of Hampton and the first new school in the City in over 30 years.

Mr. Brewer extended a personal invitation to Council and to all citizens of Hampton to join in that historic event which will take place at 5 pm on the property. Mr. Brewer stated that he hopes that this school will be followed by a second Pre-K through 8 School which will be located behind Bethel High School. He explained that the School Board requested a special Use Permit for the property and it was approved last week by the Planning Commission. He further explained that once the Use Permit comes to Council for approval, he hopes that they will break ground on a second school in October or November 2007. He said that it is the School Board’s intent to have both schools up and running as children go back to school in the Fall of 2009.

Mr. Brewer thanked Council for their participation, hard work, and cooperation into making this a reality. He said that he hopes this will be the first of several projects over the next several years.

Mayor Kearney stated that the City is hoping to build eight schools.

Vice Mayor Gilliland stated that the third Pre-K- through Eighth Grade is planned for Buckroe and he hopes that it will be funded in the next fiscal year.

City of Hampton, VA Page 2 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Mayor Kearney stated that the City may have waited 33 years, but the City has to move forward.

Mr. Brewer thanked Councilman Tignor for his many years of service to the Hampton community and his years on City Council since 2000. He said that the School Board appreciates his continuing interest in public education.

CONSENT AGENDA

Consent Items - Second Reading

1. 07-0438 AN ORDINANCE TO AMEND AND RE-ENACT THE CODE OF THE CITY OF HAMPTON, CHAPTER 37 ENTITLED “TAXATION” IN ITS ENTIRETY, INCLUDING BUT NOT LIMITED TO, ADDING NEW SECTIONS 37-151.1, 37-155.01, 37-211, 37-278.1, 37-337.1 AND 37- 344.1, RENUMBERING SECTION 37-212 AND REPEALING SECTIONS 37-149.1 AND 37-279.

APPROVED items 1 through 9 on the consent agenda. Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Paige V. Washington Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

Consent Items - First Reading

2. 07-0466 Resolution authorizing a Capital Budget Transfer in the Amount of $1,600,000 from the FY 2005 Buckroe School Design & Acquisition Project to FY 2008 Northampton School Design Project.

WHEREAS, the City Council of the City of Hampton approved the allocation of a total of $6,600,000 from FY 2005 bond proceeds for the Buckroe School Design and Acquisition with $1.6 million allocated for design and $5.0 million allocated for acquisition/demolition; and

WHEREAS, since that time, the City Council and School Investment Panel agreed to move the Buckroe School project back and the Northampton project up in sequence due to overcrowding issues in the Northampton area of the City; and

WHEREAS, the $1.6 million of the FY 2005 bond proceeds that was borrowed for Buckroe School design will need to be transferred to the Northampton School design.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA that the Council approves a capital budget transfer of $1,600,000 in FY 2005 bond funds from the Buckroe School Design & Acquisition Project to the Northampton School Design Project.

City of Hampton, VA Page 3 of 40 Printed on 9/27/2007 City Council Meeting Minutes

3. 07-0474 A Resolution Appropriating Funds from Uncompleted Capital Projects funded with General Funds, Stormwater Funds and Economic Development Funds.

Be it resolved by the Council of the City of Hampton, Virginia that $7,418,142.64 from the Designated General Fund Balance, $181,765.40 from Stormwater Fund Balance and $431,419.16 from the Economic Development Fund Balance be appropriated to the Capital Projects Fund to complete the following projects for fiscal year 2007:

Project Name Amount Fleet Management Construction 321,031.24 Reengineering Technology 208,709.73 Strategic Property Acquisition 160,462.16 Safety Baffles-Firing Range 40,000.00 Shopping Center Revitalization 500,000.00 Contingent Reserve 62,301.85 Police Firing Range 40,250.00 Arterial Road Resurfacing 509,346.27 Mercury Central Inf. Maintenance 26,810.93 VDOT-Matching Funds 80,274.89 Mercury Blvd. Pedestrian Signal 73,117.26 Dredging Gosnold’s Hope 240,400.00 Fort Wool Flagpole Installation 105,952.00 Boo Williams Sports Complex 426,470.55 Building Maintenance 405,860.66 Harbour Center CMU Repair 266,838.64 Circuit Court Elevator 81,504.00 Carousel Building 268,550.00 TV-47 Studio Construction 214,313.09 Kecoughtan Roof Repairs 543,407.93 Woodlands Golf Course Renovation 84,225.00 Soccer Fields at Dixon 141,471.22 Parks & Recreation Maintenance 47,918.09 Hampton’s Club House 370,190.53 Downtown Parking Garage 1,000,000.00 Neighborhood Improvement Program 617,786.98 Blighted Property Acquisition 480,949.62

City of Hampton, VA Page 4 of 40 Printed on 9/27/2007 City Council Meeting Minutes

River Street Park 100,000.00 Total General Fund Projects $7,418,142.64

Stormwater Improvements 114,792.16 Storm Drain Outfalls-Pembroke Ave 35,753.24 Northhampton Drainage 31,220.00 Total Stormwater Fund $181,765.40

HRC South Access to HRC Parkway 84,912.60 E Street 203,227.13 Blighted Property Acquisition 143,279.43 Total Economic Development Fund $431,419.16

Total to be Re-Appropriated $8,031,327.20

4. 07-0481 Resolution Approving the City of Hampton, Virginia’s Participation and Appropriation of the Office of Emergency Medical Services Consolidated Grant Submitted by the Fire Division through the Office of Emergency Medical Services, Virginia Department of Health - OEMS Consolidated Grant Resolution

WHEREAS, the Virginia Department of Health, Office of Emergency Medical Services has awarded the OEMS Consolidated Grant to the City of Hampton in the amount of $81,000 in state funds and $81,000 in cash match, for a total award of $162,000; and

WHEREAS, the grand award covers the period of July 1, 2007 through June 30, 2008;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton, Virginia accepts and appropriates the OEMS Consolidated Grant in the amount of $81,000 in accordance with the grant agreement and authorizes matching funds in the amount of $81,000 from the Fire Division budget in accordance with the grant agreement;

City of Hampton, VA Page 5 of 40 Printed on 9/27/2007 City Council Meeting Minutes

BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take the necessary steps to implement this grant award.

5. 07-0482 Resolution to Appropriate Donations from the Undesignated Fund Balance to the Hampton Division of Fire and Rescue Up to $5,000 Received by the Division During FY 06-07

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA that donations up to the amount of $5,000 be appropriated to the Hampton Division of Fire and Rescue from the undesignated fund balance for fire station needs, supplies and equipment, and that donations received in the amount of $4,100.00 be approved from the undesignated fund balance since our last resolution.

6. 07-0485 Resolution Appropriating $455,000.00 of Information Services Fund Retained Earnings for Payment of Debt on the City Hall Campus Telephone System and Purchase of New Telephone System for Public Works Operations Campus.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA that $455,000.00 be appropriated from the Information Services Fund Retained Earnings to Information Services Telecommunications Fund to pay debt services for the City Hall Campus Telephone System and to purchase a new Telephone System for the Public Works Operations Campus.

City of Hampton, VA Page 6 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Consent Items - Other

7. 07-0465 Resolution Accepting the Donation of an Accelerant K-9 from the Virginia State Police to the Hampton Division of Fire and Rescue.

WHEREAS, the Virginia State Police of the Commonwealth of Virginia, Department of Public Safety, have dissolved their K-9 Accelerant Program and it is their desire to donate the last remaining K-9 to the Hampton Division of Fire and Rescue to aid in the investigation of suspected arson related fires, and

WHEREAS, Arson Dogs can be instrumental in the conduct of an effective fire investigation and a properly trained dog can give fire investigators a significantly greater chance of locating samples of ignitable liquids that will be confirmed by chemical analysis, as well as detect traces on the clothing of suspects and bystanders, and

WHEREAS, the Hampton Division of Fire and Rescue welcomes the opportunity to accept this important tool which will assist our fire personnel on the scene of a fire investigation.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hampton, Virginia that the Arson K-9 be accepted for use by the Hampton Division of Fire and Rescue.

8. 07-0468 Resolution Changing the Date of the November Hampton City Council Meeting from November 14, 2007, to November 7, 2007, and Approving the Hampton City Council Meeting Schedule for 2008.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia that the date of its November afternoon and evening meetings be changed from November 14, 2007, to November 7, 2007;

BE IT FURTHER RESOLVED THAT the regular afternoon work sessions and regular evening meetings be scheduled on the following dates in 2008:

January 9, 2008 January 23, 2008 February 13, 2008 February 27, 2008 March 12, 2008 March 26, 2008 April 9, 2008 April 30, 2008 – 1st public hearing on budget

City of Hampton, VA Page 7 of 40 Printed on 9/27/2007 City Council Meeting Minutes

May 14, 2008 – 2nd reading of budget, final approval of budget May 28, 2008 June 18, 2008 July 16, 2008 August 20, 2008 September 10, 2008 September 24, 2008 October 8, 2008 October 22, 2008 November 19, 2008, and December 17, 2008.

BE IT FURTHER RESOLVED THAT a special meeting be scheduled for May 7, 2008, for the first reading of the budget and the second public hearing on the budget and also on July 1, 2008, to administer the oath of office to incoming members of Council.

9. 07-0479 A Resolution Reconstituting the Peninsula Stadium Authority with the City of Hampton as the Sole Continuing Municipal Member Following the Withdrawal of the City of Newport News

WHEREAS, The Peninsula Stadium Authority (“Authority”) was created in 1962 by the joint action of the Council of the City of Newport News, Virginia, and the Council of the City of Hampton, Virginia, and has operated continuously since that time pursuant to Chapter 393 of the 1962 Acts of the General Assembly of Virginia, known as the Public Recreational Facilities Authorities Act (“Act”);

WHEREAS, by resolution adopted by the City Council of Newport News on Jun12, 2007, the City of Newport News withdrew from the Authority effective that date, and that withdrawal was endorsed and recognized by the City of Hampton by resolution of the Hampton City Council adopted June 21, 2007 and was consented to by the Authority at a meeting held on May 8, 2007;

WHEREAS, the City of Hampton further stated its desire and intent to continue the Authority acting as its sole municipal member and, to that end, must amend the Authority’s articles of incorporation to re-constitute the Authority Board and to make related organizational changes necessitated by Newport News’ withdrawal from the Authority.

WHEREAS, notice of a public hearing on the reconstitution of the Authority by amendment of the articles of incorporation has been advertised in a local newspaper of general circulation in the City of Hampton and a public hearing has been held this date..

City of Hampton, VA Page 8 of 40 Printed on 9/27/2007 City Council Meeting Minutes

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia: That the Authority is hereby reconstituted by the City of Hampton pursuant to the authority set forth in the Act with the composition, government, powers, duties and other matters pertaining thereto as set forth in the Act;

1. The Articles of Incorporation of said Authority are amended and restated as follows:

a. The name of the Authority shall continue as the “Peninsula Stadium Authority”, and the principal office of the Authority shall be 22 Lincoln Street, Hampton, Virginia; b. The sole participating political subdivision is the City of Hampton; c. The Authority shall be governed by a Board of Directors of seven (7) members who shall be appointed by the City Council of the City of Hampton. Three of the members so appointed shall serve terms of 3 years; four members shall be appointed to terms of 4 years. d. The members of the Authority Board shall annually elect one of their members chairperson and shall annually elect a Secretary and Treasurer who need not be board members. The offices of Secretary and Treasurer may be combined by majority vote of Board. e. The purpose of the Authority is to maintain and operate a certain facility known as the Peninsula War Memorial Stadium with the power to operate a stadium, as such term is generally used, and parking facilities in connection therewith, including all buildings, structures, and other facilities and the appurtenances thereto which the Authority may deem necessary and desirable for the operation of said stadium, provided, however, that should the City of Hampton determine by resolution that the purpose for which this Authority has been created has or should be terminated, this Authority shall then have no purpose and shall be terminated. All assets of the Authority upon termination shall be distributed to the City of Hampton, subject to prior liquidation of such Authority assets as may be necessary to pay Authority debts and other liabilities.

2. The provisions of this resolution are severable and if any of its provisions shall be held unconstitutional or otherwise unlawful by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the other provisions of this resolution.

City of Hampton, VA Page 9 of 40 Printed on 9/27/2007 City Council Meeting Minutes

PRESENTATIONS, PROCLAMATIONS, AWARDS

10. 07-0428 Presentation of National and State Awards to two City Department Heads

Councilman Tignor read a release from the American Public Human Services Association (AMPHSA) recognizing Walt Credle as the winner of the AMPHSA Outstanding Member Award. Councilman Tignor explained that Mr. Credle received this national award at the Annual Fall Conference in Arlington, Virginia.

Councilman Tignor noted that Mr. Credle has been the Director of Hampton Social Services for 17 years, and served as Director in Hopewell and Assistant Director in Virginia Beach. Councilman Tignor stated that Mr. Credle rose through the ranks starting his career as a Case Worker in Portsmouth.

Mr. Credle stated that the City has been fortunate to do a number of things that are innovative and groundbreaking in Hampton and the AMPHSA has recognized those efforts through this award. He said that none of the things the City has accomplished would have been possible without the support of the City Manager’s Office and City Council. He thanked Council for the opportunity of being part of it.

Mayor Kearney stated that the City Manager is fortunate to have such talented people working on his staff.

11. 07-0492 A Resolution Approving the Display of a Poem Honoring Ruppert Leon Sargent in the Ruppert Leon Sargent Buiding.

WHEREAS, the City Council has acknowledged the contribution of the late Leon Ruppert Sargent to this community and to the nation at large by naming its public building at One Franklin Street in Hampton the Ruppert Leon Sargent Building;

WHEREAS, Sharon A. Bowman-Griffin, cousin of Ruppert Leon Sargent, has authored a poem honoring his memory and has not only consented to the City’s use of the poem in the Ruppert Leon Sargent Building but has also requested that the poem be displayed in the building in a fashion befitting the honoring of his memory; and

WHEREAS, Council believes it is fit and appropriate to so honor Ruppert Leon Sargent and desires to do so.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia that the City Manager shall and is hereby authorized to take such steps and to make such expenditures as are reasonable and necessary to cause to be displayed in an appropriate medium, location and manner in the Ruppert Leon Sargent Building the poem honoring Ruppert Leon Sargent and authored by his cousin, Sharon A. Bowman- Griffin.

City of Hampton, VA Page 10 of 40 Printed on 9/27/2007 City Council Meeting Minutes

ADOPTED Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Paige V. Washington Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

12. 07-0495 Proclaiming September 17 - 23, 2007, as Constitution Week in the City of Hampton

Vice Mayor Gilliland read and presented a proclamation proclaiming September 17 – 23, 2007, as Constitution Week in the City of Hampton to the following Officers of the Hampton Chapter of the Daughters of American Revolution. Regent, Lois Taylor, First Vice Regent, Carolyn Knight; Second Vice Regent, June Williamson; Chaplain, Linda Glover; Corresponding Secretary, Nancy Browning; Treasurer, LaRose Richardson; Registrar, Ellen Womack; Librarian, Karen Johnston; and other Chapter members.

Ms. Taylor recognized Ms. Anna Schuler and Ms. Debra Hamilton. She thanked Council for the proclamation. She explained that public officials all over the country are signing proclamations.

REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES

13. 07-0486 Update on Hampton Roads Economic Development Alliance's Activities.

Mayor Kearney stated that 16 counties and cities in the region gather on numerous issues and try to pool their resources and authority as a unit to try to accomplish things. He explained that one of those efforts is the newly formed Hampton Roads Economic Development Council.

Mr. Jerry Clark, Chairman, stated that the Alliance is the formation of the former Peninsula Alliance for Economic Development and the Southside Alliance. He thanked Council for the opportunity to update Council on the activities of the Alliance. Mr. Clark introduced Mr. Jones Hooks, President of the Hampton Roads Economic Development Alliance, and Mr. Rick Bagley, Executive Committee member.

Mr. Hooks stated that it used to be that states were the economic driver whenever different companies looked at expanding and relocating. He said that over the past few years there has been a change in economic development. He explained that one of those changes is the importance of regions in economic development. He said that workforce members come from all throughout a region to a particular company. No city has a monopoly on all the workers that may be needed for a particular company.

City of Hampton, VA Page 11 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Mr. Hooks provided Council with a study showing how economic impact occurs within the Hampton Roads Region. He explained that the study was prepared by Dr. Cook, former President of Old Dominion University (ODU). Mr. Hooks further explained that the study shows how the distribution of how jobs, residents and money are distributed within the Hampton Roads area.

Mr. Hooks stated that for every dollar of payroll that is generated, 49 cents stays in Hampton. He noted that this is a challenge for the City to increase the amount of that dollar as far as vendors and suppliers. He said that in the City of Newport News 48 cents out of a dollar stays in Newport News, but 18 cents of that same dollar will come to the residents of Hampton. He said that while the challenge for Hampton may be to increase the 49 cents share of the dollar, Hampton is doing better than sister cities in the area.

Mr. Hooks said that the main purpose of the Hampton Roads Economic Development Alliance is to promote Hampton Roads and new business attraction. He said that since the Peninsula Alliance merged with Southside they promised that the cost level of participation by the City of Hampton would decrease. He explained that in 2006 the City was paying $1.74 per capita and in 2007, the City was paying $1.40 per capita, and in FY2008, the City is paying $1.00 per capita, as is every other jurisdiction in Hampton Roads.

Mr. Bagley stated that he was a member of the Executive Committee. He explained that the public sector money dominated the Peninsula Alliance for Economic Development and the private sector contributions were meager compared to what the cities contributed. He said that in the current organization the revenue stream is almost 50/50 between cities and the private companies.

Mr. Hooks stated that the Alliance has an annual budget of $1.3M to promote Hampton Roads including Hampton. He said that 150 companies through Hampton Roads contribute to the overall activities of the Alliance. He explained that they try and leverage limited resources and work with each of the local Economic Development Departments within the cities and counties that the Alliance represents to insure that they are not duplicating efforts that the cities are engaging in.

Mayor Kearney stated that the Alliance is doing a great job in tapping into new sources and he thanked the Alliance for that.

Mr. Hooks said that the Virginia Economic Development Partnership has decreased over time because of some emphasis in the State that is not on Hampton Roads.

Mr. Hooks stated that 6% of the projects are coming from the internet website which means that projects are looking at the website and expressing their interest or disqualifying them before they know about it.

City of Hampton, VA Page 12 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Mayor Kearney asked about the 1% research. In response, Mr. Hooks stated that the Alliance has a research component and they are constantly preparing data for consultants and other groups that they work with trying to generate leads internally.

Mr. Hooks stated that the Alliance does a lot of advertising with the Wall Street Journal which highlights NASA. He explained that because Hampton is part of the overall Alliance, all of the ads include a template that includes all of the jurisdictions.

Mr. Jones stated that a number of companies have visited Hampton including a British company and a high-tech telecommunications company from India. He said that the Alliance is expecting a return visit from the company in India as a result of the Alliance’s activities. He said that they are excited about the Gateway facility and stated that Hampton’s Economic Development Department did an outstanding job in filling that facility.

Mr. Hooks explained that the Alliance has hired a consultant group to look at Hampton Roads to tell them what is right and wrong with Hampton Roads as a region. He said that the consultants were also asked to look at the disadvantages of the region and some of the key points in the studies were no surprise. He stated that some of those are beyond the scope of Council or the Alliance.

Mr. Hooks said that the Alliance appreciates the support they have received from the City of Hampton.

Mr. Bagley stated that the Alliance’s contribution and Council’s support is critical and they appreciate it.

Mayor Kearney thanked Mr. Jones, Mr. Clark and Mr. Bagley for the presentation.

PUBLIC HEARINGS

Rezonings - Second Reading

14. 07-0435 Rezoning Application #1245 by Mayer Sarfan to rezone one 6.20+/- acre parcel at the terminus of Benthall Road from One Family Residence District (R-13) to One Family Residence District (R-11) to allow up to twenty three (23) new single family homes. [LRSN: 11002678]

Mr. Jim Pauls, 58 Chowning Drive, stated that his property would be adjacent to the proposed acreage that is going to be developed. He said that he recently returned to Hampton after being absent for 20 years. Mr. Pauls said that there is a BMP developed and a collection pond at the end of the property which will come directly behind his house. He said that the purpose of the pond is to treat the quality of the storm water leaving the site. He said that he believes that this will be nothing more

City of Hampton, VA Page 13 of 40 Printed on 9/27/2007 City Council Meeting Minutes

than a mosquito breeding area because the drainage is not that good. Mr. Pauls said that he understands that the developer is allowed to build 18 homes and the collection pond will have to be there for those 18 homes. He said that he doesn’t understand why there is a necessity for acerbating the situation by increasing the housing load to five. He said that he doesn’t believe that the developer is in concurrence with the City’s plan which is to keep in mind the impact on the citizens in the area. He said that he believes the only person to benefit from the increase in housing is Mayer Sarfan. Mr. Pauls requested that Council restrict Mayer Sarfan from building more than 18 houses on his land.

Mayor Kearney requested that the City Manager respond to this matter.

Ms. Caroline Butler, City Planner, stated that at the August 15, 2007, Council meeting she made a presentation in which staff recommended denial of this rezoning application. She said that there is a proposed BMP on the property and there would have to be whether there are 18 house or 23 houses. She explained that it has not been fully engineered and that comes at a later stage of development.

Mayor Kearney asked if there is a public hearing scheduled. In response, Ms. Butler stated that there is not and it goes to a subdivision process and that is done administratively.

Mayor Kearney requested that Mr. Pauls be contacted when the plans are going to be looked at in order for him to participate in the process.

Mayor Kearney asked Ms. Butler to explain the increase in houses. He said that the Planning Commission was opposed but Council agreed with the developer for additional houses because the quality is exceeds the requirements for the property.

Ms. Butler stated that Mayor Kearney was correct and the Planning Commission and Planning staff recommended denial based on the increase in density. She said that Mr. Sarfan is proposing a larger house size than would be required by the zoning that currently governs the property. Ms. Butler noted that it was Council’s opinion that it offset the increase in the density by giving a larger and perhaps more expensive house on the property.

Mayor Kearney stated that the opposition Council had two years ago was based on the waterfront lots. In response, Ms. Butler explained that in the original proposal several years ago there were three additional waterfront lots that are not part of the current application.

Mayor Kearney stated that Ms. Butler was correct and the lots were wetlands.

In response to Councilman Sapp, Ms. Butler stated that the Planning Commission vote was split and there was no recommendation from the Planning Commission before coming to Council.

City of Hampton, VA Page 14 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Councilman Sapp said that the staff’s recommendation for disapproval was based on precedence as Council previously denied this application because of a different set of issues which are no longer pertinent. He said that the developer, by right, can build a certain number of homes and he is asking for a few more and they cannot see any difference in the impact between the two.

Councilwoman Leary asked Ms. Butler what were the reasons for the Planning staff recommending denial. In response, Ms. Butler stated that their similar application was presented several years ago in which the Planning Staff recommended approval of the increase in the number of lots. She explained that it went through Planning Commission and Council recommended denial. She further explained that because this happened only several years ago, staff felt that in making that decision Council was setting a policy for the land use on this particular piece of property. Ms. Butler stated that staff felt that they needed to follow Council’s guidance.

Ms. Butler stated the other reason for recommending denial is because this is an opportunity to take another look at the same piece of property with a slightly different proposal. She said that it is a one-way in and one- way out street that is prone to heavy flooding in times of environmental events. She said that staff felt that it may only be a small increase in the number of houses, but it probably enough that they did not want to exacerbate the situation by recommending approval of additional houses.

Ms. Butler stated that Councilman Sapp was correct that the Planning Commission had a tie vote on this application.

Councilwoman Leary stated that having had to evacuate before and being unable to evacuate, she can understand why the Planning staff would take that position. She said that she realizes that the statement has been made that it would add to the value of the housing, but she doesn’t see where any value has been added to the quality of life. She said that she will be voting against this application.

HELD PUBLIC HEARING

APPROVED ON SECOND AND FINAL READING Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Charles N. Sapp Aye: 6 - Randall A. Gilliland, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 1 - Angela Lee Leary

15. 07-0437 Rezoning Application #1253 by the City of Hampton to rezone six city- owned parcels at 1227, 1233, 1235, 1237, 1241 and 1245 Big Bethel Road from One Family Residence District (R-11) and Neighborhood Commercial (C-1) to Special Public Interest District- Public Land (SPI-PL)

City of Hampton, VA Page 15 of 40 Printed on 9/27/2007 City Council Meeting Minutes

in order to align the zoning of the property with its intended use as an expansion of Sandy Bottom Nature Park. [LRSNs: 4004316, 4004315, 4004314, 4004313, 4004311, 4004312, respectively]

Mr. Jesse T. Wallace, Jr., City Manager, stated that the properties included in this request have all been acquired by the City of Hampton for the purpose of expanding the boundaries of Sandy Bottom Nature Park.

HELD PUBLIC HEARING

APPROVED SECOND AND FINAL READING Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Paige V. Washington Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

16. 07-0439 Zoning Ordinance Amendment by the City of Hampton to amend Chapter 14, Limited Manufacturing (M-1) District, to add schools as a permitted use, subject to securing a Use Permit.

Mr. Jesse T. Wallace, Jr., City Manager stated that this proposal is to amend the zoning ordinance to allow schools as a permitting use in the M-1 District.

HELD PUBLIC HEARING

APPROVED ON SECOND AND FINAL READING Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Paige V. Washington Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

Rezonings - First Readings

17. 07-0464 Rezoning Application No. 1260 by XL Development Group to amend conditions from Rezoning Application No. 1148 to include residential. The applicant is proposing to construct a live performance theater, full service hotel, retail, office space, town homes and structured parking. LRSN # 13001171

Mr. Jesse T. Wallace, Jr., City Manager, stated that this rezoning proposal will amend the original condition which was approved with rezoning Application #1148 in November 2002. He said that the condition of the original Rezoning prohibited residential and the amended proposal will include residential. He said that Planning Staff recommends approval

City of Hampton, VA Page 16 of 40 Printed on 9/27/2007 City Council Meeting Minutes

of this Rezoning Application subject to the following seven (7) proffered conditions:

1. The property shall be designed as a “mixed-use” development defined as follows: • “three or more significant revenue-producing uses (such as retail/entertainment, office, residential, hotel, and/or civic/cultural/recreation) that in well-planned projects are mutually supporting; • significant physical and functional integration of project components (and thus a relatively close-knit and intensive use of land), including uninterrupted pedestrian connections; and • developed in conformance with a coherent plan (that stipulates the type and scale of uses, permitted densities, and related items).” 2. The land area encompassed by this rezoning shall generally conform to the conceptual development plan entitled “Hampton Place at Coliseum Central” prepared by Designstream LLC and LandMark Design Group dated July 20, 2007. The conceptual development plan proffered is intended to guide the general location of major buildings, parking structures, public plazas and open space, as well as public and private roadways. The sidewalks and pedestrian plazas will link the individual buildings and open spaces.

3. The buildings shall be designed predominantly from sustainable and durable materials and shall conform to the recommendations of the Coliseum Central Master Plan, Coliseum Central Design Guidelines (SPI- CC criteria), the Crossroads Design Guidelines, and Development Agreement, as amended. All building elevations, site design and landscaping plans shall be submitted to the Planning Director of the City for review and approval prior to issuance of building permits. 4. The general retail character shall be consistent to a mixed use development including but not limited to small gourmet and specialty grocery stores; small localized service print shops germane to supporting adjacent business use; dry-cleaning drop-off and pick-up (no on-site dry cleaning equipment) or dry cleaning directly associated with a hotel use; coffee shops; pastry shops; small deli/eatery establishments; restaurants and entertainment establishments; wine and beverage stores; ice cream stores; jewelry boutiques; specialty clothing stores; specialized sports apparel and equipment stores; specialty luggage; tobacco; leather; and other accoutrement stores as approved by the local governmental authorities. 5. The following Limited Commercial District (C-2) uses shall not be permitted: appliance stores; free-standing banks, drug stores, and other similar free-standing buildings with drive-thrus; business and private schools and schools of dance, operated as a business enterprise; dental clinics; gasoline supply stations; suburban supermarkets or big box retail (small specialty markets and gourmet supermarkets shall be permitted); launderettes and/or hand laundries; marine supplies, including pleasure craft sales; medical clinics; taxicab offices; telegraph offices; U.S. Post

City of Hampton, VA Page 17 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Offices; Virginia ABC package stores; cleaning and pressing establishments using closed type cleaning or pressing equipment where non-flammable liquid is used for cleaning solvents as a primary use; boarding houses; hospitals, sanitariums, convalescent or nursing homes; mobile/manufactured home parks and subdivisions; motels; private clubs and lodges; rooming houses; commercial communication towers; adult care residences 1, 2 and 3; detention facilities; group homes 1 and 2; halfway houses; juvenile residences 1, 2 and 3; orphanages; shelters; tourist homes/bed & breakfasts; sales of new automobile passenger cars, new trucks or new truck trailers; funeral homes or mortuaries; job printing shops not exceeding three thousand (3,000) square feet of floor space; thrift stores; sign painting shops; tattoo parlors; tire sales and repair shops; upholstery shops for furniture only; automobile laundries or car wash facilities; motorcycle sales and services; animal or veterinary hospitals; pawnshops; and vehicle storage areas. 6. The project shall generally conform to the recommendations of the “Hampton Crossroads Project Design Guidelines” developed by HOK and dated July 25, 2002 (or as amended), requirements of the Development Agreement as amended. For site development, signage, and architectural design and materials, and other recommendations as determined to be applicable by the Planning Director. These Guidelines shall serve as a guiding document and shall not replace or surpass any other conditions noted herein. 7. The project shall generally conform to the policies and recommendations of the Coliseum Central Master Plan adopted September 2004, as amended, and the recommendations of the Newmarket Creek Park and Trail System Plan, dated February 2007, prepared by VHB for the City of Hampton except as specifically noted herein.

Ms. Adanna Davis, City Planner, stated that Rezoning Application #1260 is for Hampton Place at Coliseum Central, the 19 acre site. She explained that the proposal is to amend the current proffered conditions. The original proffer prohibited residential mainly because they did not want an applicant to build a single family subdivision in this area. She further explained that the character of the area is clearly defined, they found that it is appropriate to include residential in this mixed-use development.

Ms. Davis stated that the applicant is proposing a live performance theatre, condominiums, town homes, a full-service hotel, restaurants and retail. She stated that the Hampton Community Plan recommends mixed- use development and it encourages development of two or more compatible land uses and densities as primary uses within one parcel, building structure or the same block.

Ms. Davis said that the Hampton Community Plan explains that the real estate market indicates a trend and a growing demand for development that is well-designed. She said that some of the specifics of Hampton policies are to include mixed-use projects as a means of increasing the housing supply while promoting diversity and revitalization of neighborhoods and districts.

City of Hampton, VA Page 18 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Ms. Davis stated that the proposal is consistent with the adopted policies included in the Hampton Community Plan, the Coliseum Central Master Plan and the proffers insure that it will be a quality and high-value project that will provide diverse uses.

Ms. Davis stated that the Planning Commission and Planning Staff recommends approval of Rezoning Application #1260 as being in conformance with adopted public policy.

Councilwoman Leary stated that because the project will be eliminating 1,300 parking spaces it is imperative that parking for the Hampton coliseum is available. She asked about the future parking off of Barrack Street solely for the Hampton Coliseum and secondary parking located within the 19 acres project which will be a parking structure. She said that it seems like a long distance for people to be walking. She stated that she believes that people will be using a shuttle if parking will be located on Barrack Street.

Councilwoman Leary asked about ILP. In response, Mr. Vince Falleroni, Chairman of the Board of XL Development, stated that it meant Limited Partnership #1. He said that they currently have three projects underway in Virginia.

Councilwoman Leary asked if all the projects were with the same limited partnership. In response, Mr. Falleroni stated that there is Limited Partnership 1, 2 and 3.

In response to Councilwoman Leary, Mr. Falleroni stated that Limited Partnership #1 would be strictly for the 19 acre parcel.

Councilwoman Leary stated that she is concerned about the loss of parking and the increase in density of the housing. She asked what level of rent the housing would be. She also asked if it would be for the people who work in this mixed-used complex. In response, Mr. Falleroni stated that this development is designed for work-where-you-live and it is also designed for people who work outside of the area. He explained that it is a unique urban lifestyle center. He said that the level of rents would conform with what was presented to XL Development from the City’s ERA market study.

Mr. Falleroni stated that there would be approximately 3,280 parking spaces which will more than compensate for the spaces the City will lose and it will also satisfy retail and housing.

Mr. Falleroni said that there would be a specialty production theatre, Class A office buildings in conjunction with condominiums, lofts, apartments, and town homes, as described in their definitive development agreement. He explained that the hotel will have a health club facility as well as a restaurant and this will be supplemented with restaurants throughout the development. He said that there would also be small retail boutique shops and in no way would this be anything like the Peninsula

City of Hampton, VA Page 19 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Town Center. He explained that the retail would be much like you would see in an airport situation. He further explained that it supports the people that live there and it will entice them. Mr. Falleroni noted that all the facilities will be available to everyone that lives and works in the development and everything will support one another. Mr. Falleroni said that this has been very successful, not just in high profile markets, but middle and smaller markets. He said that there is a very successful project of this type in Pittsburgh, called Southside Works and it is doing very well.

Mr. Falleroni said that the parking garage will be about 2,800 spaces and will be fronted with retail so that it will not look like a parking garage. He said that the condominium office building will have three levels of parking from the ground level up so it will accommodate all of the tenants in that building without affecting the public parking. He said the hotel will have three levels of parking underneath it and it will accommodate all of the guests, workers and people within the hotel. He said that the theatre will also have parking underneath it and it will accommodate between two and three hundred parking spaces. Mr. Falleroni noted that with the flat parking there would be over 4,000 parking spaces.

Councilwoman Leary asked if the increase in these buildings will cause the City to have to put in any additional funding. In response, Mr. Falleroni stated that there would be nothing additional on site.

Councilwoman Leary asked if there would be additional funding required for offsite. In response, Mr. Falleroni stated that the pump station was deemed to be inadequate based on the study provided based on plans at that time and prior to the inclusion of residential. He explained that the upgrade on the pump station would be adequate.

Councilwoman Leary asked if the design information showed that.

Mayor Kearney asked the City Manager if that information was correct. In response, the City Manager stated that it was his understanding that at the beginning of the project, the pump station was adequate to serve the project, but the scope of the project has been changed which increased the density which then brought the pump station into in an inadequate status. The City Manager stated that the pump station that would be required will serve more than just Mr. Falleroni’s project. He said that if the City ever intends in building out that area, the pump station would be required. He said that it would be a mistake to say that the entire pump station was caused by Mr. Falleroni’s project, but it is a contributor to the need for an improved pump station.

Councilwoman Leary asked if the 11 acres would be a benefit from the pump station. In response, the City Manager stated that he believes that it is correct, but he is not certain.

Councilwoman Leary asked if the reason one of the members of the Planning Commission voted against this was that it would block the view

City of Hampton, VA Page 20 of 40 Printed on 9/27/2007 City Council Meeting Minutes

of the Convention Center. In response, Mr. Falleroni stated that it would not. He explained that there would be a v-shaped vista towards the Hampton Roads Convention Center (HRCC) and it would not impede the view. He said that the archway is on a six-story level that would frame a viewpoint of the front of the HRCC as well.

Councilwoman Leary asked if this was going to increase the storm water runoff. In response, Mr. Falleroni stated that everything will drain into the lake.

Councilman Spencer requested that Mr. Falleroni explain the performing arts theatre which is the centerpiece of the project.

Mr. Falleroni explained that the performing arts theatre will be nothing you have seen from Williamsburg to Virginia Beach. He said that it will be designed exclusively for this development by Gaylord Entertainment, their Corporate Magic Division. He noted that it would be a live performance that encompasses live performers, video and audio. He said that there would be a lot of interaction between the people and the performance and the theatre will utilize a state-of-the-art platform system which is only utilized in Los Angeles and New York. Mr. Falleroni stated that it is a constant moving presentation. He noted that along with the live moving presentation which will be the first ever on the Eastern Seaboard, north of Myrtle Beach it will be a drawing card for the area. Mr. Falleroni said that the projections are far understated based on what Corporate Magic has said. He explained that no one will be able to go anywhere else and see this type of particular performance and because of legal negotiations he cannot relay the exact venue that it is going to take.

Councilman Spencer stated that the theatre will be a destination for people to come from miles away. In response, Mr. Falleroni stated that it will make this a destination from as far away as New York City and as far south as Atlanta. He said that this is expected to have a drawing range from three to five hundred miles. Mr. Falleroni explained that Corporate Magic produces the Half-Time shows for the Super Bowl and a lot of national shows for the big development companies.

Mr. Falleroni said that a national study was released last year from the Convention and Visitor’s Bureau which stated that every convention facility should have some kind of theatre that is a supportive arm to the convention center itself. He said that this theatre will be that supportive arm.

Councilman Spencer asked if this would enhance the HRCC in booking events. In response, Mr. Falleroni stated that was correct.

Ms. Elizabeth McCoury, Executive Director of Coliseum Central Business Improvement District, and explained that Mr. Billy Hobbs, President of Coliseum Central Business Improvement District was delayed at another meeting and she would be speaking on his behalf. Ms. McCoury read a prepared statement in support of the rezoning.

City of Hampton, VA Page 21 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Mayor Kearney asked the City Manager if this rezoning required two votes. In response, the City Manager stated that tonight is the first reading.

Mayor Kearney stated that he would be voting no. He explained that this has come to him at the eleventh hour. He said that as Mayor he believes that he should have been briefed more about what was going to be done. He said that he doesn’t like the idea that it has gone from 30 to 130 units and he has no idea of the quality of the units that will be presented. Mayor Kearney said that he has no reason to question him, but he needs more information as to how it is going to look from Interstate 64.

Mayor Kearney said that he is not opposed to this and he is very excited about this, but this was something new and he is not satisfied to vote for it. Mayor Kearney said that if Mr. Falleroni can present that information with artist concepts, drawings, etc. where he can sit down and ask questions he would be glad to change his vote on the final reading. He said that he would not lobby against this unless he doesn’t see that information. He said that he cannot personally support it at this time.

Mr. Falleroni said that the loft apartments are going to be rented and the base rent would be about $950 and will go up to about $1,450 a month. He said that the condominium will start at $375,000 and the town homes that are interspersed, much like a Georgetown walk-up, a three to four- story walk-up with parking, will start at $395,000. He said that they are not going to compete with or impede the sale of existing or to-be-built products in that immediate area. He said that because of the visibility issues, their architects are working on vantage points from Interstate 64.

Vice Mayor Gilliland stated that the City Council Finance Committee met and reviewed the changes in the project from an economic perspective and the expansion of the project and the additions that are being made, are a positive effect even given the addition of the sewer pump station. He said that there actually is an improvement in the net present value projected for the project.

HELD PUBLIC HEARING

APPROVED ON FIRST READING Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Charles N. Sapp Aye: 5 - Randall A. Gilliland, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington Nay: 2 - Angela Lee Leary, Ross A. Kearney, II

18. 07-0467 Rezoning Application No. 1257 by Ronyag, Ltd. to rezone 1 +/- acre at 675, 677, 681 and 691 Greenbriar Avenue from General Commercial District (C-3) to Multiple Dwelling District (MD-4) to legitimize the zoning

City of Hampton, VA Page 22 of 40 Printed on 9/27/2007 City Council Meeting Minutes

of two existing apartment buildings and to construct one new apartment building. LRSN #1003823, #1003824, #1003835 and #1003833.

Mr. Jesse T. Wallace, Jr., City Manager, stated that although it is zoned C-3, the applicant’s existing apartment buildings were built to the multiple residence zoning standard and multi-family dwellings are no longer permitted in the C-3 district. He said that they are legal non-conforming uses. The City Manager stated that the proposed new apartment building cannot be built in this district. He said that at the City’s request, the applicant agreed to submit a rezoning application to bring all four properties under the MD-4 zoning. He said that the Planning Staff suggests approval of Rezoning Application #1257.

Mayor Kearney asked if this was Mr. Gaynor’s property.

Ms. Caroline Butler, City Planner, stated that this is an application by George Gaynor’s company to rezone existing and one new proposed apartment building from general commercial district to multiple residence district. She explained that his existing apartments were built in the early 1980’s at a time when it was permitted to build apartments in the C-3 zone. She further explained that it is no longer allowed and they are legal non-conforming uses. Ms. Butler said that this is adjacent to Mr. Gaynor’s construction office and his real estate office. She said that there are several vacant lots and several single-family houses and it is a real mix of uses and zoning there. She explained that most of the zoning is heavy commercial and industrial. Ms. Butler stated that the Community Plan recommends low-density residential for this area even though many of the properties are already developed as either commercial or industrial uses.

Ms. Butler stated that staff and the Planning Commission recommend approval of this Rezoning application. She said that this would eliminate the possibility of any further heavy commercial development on these properties and it would make his existing apartments conforming uses. She also said that it provides some predictability to the neighborhood and they can expect that the uses that will be interspersed in their area will be residential and not have the ability to be heavy commercial uses in the future.

Councilman Tignor said that he is concerned that the Community Plan says to have low density residential housing and the City is going to build another apartment building. He said that he is not sure that it speaks to whether or not this is a good outcome, but it certainly speaks to the fact that it is either a good outcome or the Community Plan has a hole in it. He said that either Council believes in the Community Plan or they don’t. Councilman Tignor said that going from low-density to an apartment building it is difficult to describe that as low density. He asked what the point was of writing it in the Plan if the City doesn’t intend to use it.

Ms. Butler stated that in a perfect world, zoning and the Community Plan would be in sync. She explained that because Hampton is an older

City of Hampton, VA Page 23 of 40 Printed on 9/27/2007 City Council Meeting Minutes

developed city so many of the properties have already been developed. She explained that the property is currently zoned commercial and it is already developed for multi-family and the proposal is to insert one new 10-unit apartment building into the center of the property. She said that it is already surrounded by his existing multi-family zoning.

Ms. Butler stated that at the Planning Commission meeting, Commissioner Andre McCloud, who serves on the Greater Wythe Planning team had a similar comment. She said that by approving this Council can assure that there will not be any future commercial development on this property.

Councilman Tignor asked Ms. Butler if this is better than having the property be zoned as industrial. He said that he agreed that this was an obvious outcome of the zoning changes but it doesn’t match with the Community Plan.

Mayor Kearney stated that he visited the site. He said that it is a hodgepodge on Pembroke Avenue and the City is bringing it all together. He said that the residents on Greenbriar had an opportunity to speak regarding the drainage because the flooding was coming from the commercial property on Pembroke. He said that the City was successful with the swales that were put in. He said that this is not in line with the Community Plan.

HELD PUBLIC HEARING

APPROVED ON FIRST READING Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Paige V. Washington Aye: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0

19. 07-0472 Rezoning Application No. 1258 by David Tilghman to rezone .50 + acre at 618 Beach Road from Neighborhood Commercial District (C-1) to One- Family Residence District (R-11) to legitimize the zoning of an existing single family home.LRSN #10000312

Mr. Jesse T. Wallace, Jr., City Manager, stated that due to the C-1 zoning designation of this property the residence is a legal non-conforming use. He explained that although the property may continue to be used as a residence the property owner may be unable to obtain a home loan or refinancing because zoning does not permit this use. He stated that Planning staff suggests approval of Rezoning Application #1258.

Councilman Tignor asked if this was another commercial property on Beach Road that is all residential. In response, the City Manager stated that Councilman Tignor was correct.

City of Hampton, VA Page 24 of 40 Printed on 9/27/2007 City Council Meeting Minutes

HELD PUBLIC HEARING

Use Permit

20. 07-0473 USE PERMIT NO. 1031: by the Hampton City Schools to use an existing vacant building as an Alternative School for secondary education students at 3217 Commander Shepard Boulevard (LRSN # 6000976), which is in Langley Research and Development Park.

Mr. Jesse T. Wallace, Jr., City Manager, stated that the subject property is a 4.6 acre parcel located at 13217 Commander Shepherd Boulevard. He stated that Hampton City Schools is proposing to lease the existing building as an alternative school for secondary education students. He said that Planning Staff suggest approval of Use Permit #1031.

Ms. Adanna Davis, City Planner, stated that Council and the School Board approved the design to approve a program to serve secondary students who are out of school on long term suspension. She said that the new school is funded for the 2007-2008 adopted budget. Ms. Davis stated that the building is currently vacant and the applicant is proposing to renovate the building to serve approximately 250 students.

Ms. Davis stated that the goal for the program is to improve student behavior and reduce discipline infractions. She explained that the school will offer standard credit courses for a standard diploma and GED preparation courses. Ms. Davis stated that the school will also include a career center, a full-time job coach and a job therapy and visual arts program.

Ms. Davis stated that the Planning Commission reviewed the case and recommended approval. She said that the Hampton Community Plan recommends business industrial which is consistent with the adjacent properties.

Ms. Davis noted that a community meeting was held on June 11, 2007, and some of the land owners and business owners had questions regarding security measures. She said that after City staff explained the security measures and the conditions that will be in place, the owners were satisfied with the proposal.

Ms. Davis stated that staff and the Planning Commission recommend approval of Use Permit # 1031 with the following six (6) conditions:

City of Hampton, VA Page 25 of 40 Printed on 9/27/2007 City Council Meeting Minutes

1. Traffic: All students shall be dropped off and picked up from school. No student parking shall be permitted on the premises.

2. Fence: A non-opaque fence shall be provided around the south, west, and east side of the property for security purposes.

3. Hours of Operation: The school hours of operation will be Monday- Friday 9am-4pm, however the building shall be made available outside of operating hours, by appointment, to community groups wishing to use as a meeting space.

4. CPTED: To the greatest extent possible, Hampton City Schools shall follow and employ Crime Prevention Through Environmental Design (CPTED) principles. This shall include, but need not be limited to lighting, landscaping, and security cameras.

5. One Year Review: This school facility shall be reviewed in one year for compliance with Use Permit conditions.

6. Crime Monitoring: Should crime in the area increase, and the increase in crime can be directly linked to this school facility, this Use Permit may be revoked.

Note:

Ms. Davis verbally indicated that there were eight (8) conditions. The staff evaluation indicates that there were only six (6) conditions. Ms. Davis verified that there were only six (6) conditions.

HELD PUBLIC HEARING

APPROVED ON FIRST READING Motion made by: Councilmember Paige V. Washington Seconded by: Councilmember Charles N. Sapp Aye: 6 - Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nay: 0 Absent for the vote: Randall A. Gilliland

General Items

Ordinances

21. 07-0455 AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, “ADMINISTRATION”, ARTICLE III, “OFFICERS AND EMPLOYEES GENERALLY”, SECTION 2-108 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED, “CRIMINAL HISTORY

City of Hampton, VA Page 26 of 40 Printed on 9/27/2007 City Council Meeting Minutes

INVESTIGATIONS OF APPLICANTS FOR POSITION OF POLICEMAN AND FIREMAN”

Mr. Jesse T. Wallace, Jr., City Manager, stated that presently the City Code authorizes background checks for applicants for police officers and firefighters. He explained that this ordinance creates specific classes of security sensitive positions for which a background check is required. The City Manager stated that this item was deferred from the August 15, 2007, Council meeting.

Mayor Kearney stated that before the City had a policy and now it has to be a written law regarding background checks. In response, Ms. Cynthia E. Hudson, City Attorney, stated that in order for the City to obtain a criminal background check the State requires an ordinance rather than a policy.

ADOPTED ON FIRST READING Motion made by: Councilmember Paige V. Washington Seconded by: Councilmember Angela Lee Leary Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

22. 07-0477 AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2, “ADMINISTRATION” BY ADDING THERETO ARTICLE XIII, “OFFICE OF COMMUNITY AND INTERNATIONAL RELATIONS”

Mr. Jesse T. Wallace, City Manager, stated that this has to do with the formation of a new City department called Community Relations. He said that he is grouping four functions under this business grouping. He explained that they are the Sister City Program, the Partnership with Hampton University, the Media Relations, specifically Channel 47 and the Citizen’s Unity Commission. He said that each of these functions will be enhanced and managed in cooperation with each other. He explained that the Sister City Program is a program that Council wants to enhance and to elevate to an area where the City begins to receive cultural and technological and economic exchanges from this.

The City Manager stated that the City has made an investment in Channel 47 and the studio to increase production and programming for citizens. He noted that the City’s partnership with Hampton University will increase in alignment with the University’s research activities with the Economic Development activities.

The City Manager explained that the grouping of these will allow the City to manage them more effectively. He stated that he is requesting that Council pass this ordinance on first and final reading so they can begin to assemble the operation. Councilman Tignor stated that he is fine with the ordinance but is concerned that too often Council waives the second reading. He said that

City of Hampton, VA Page 27 of 40 Printed on 9/27/2007 City Council Meeting Minutes

he doesn’t understand why they are going to waive the second reading and why it has to be done now rather than later. He said that he believes that waiving the second reading should not be used unless it is needed.

The City Manager stated that original reasoning for waiving second reading was to try to have a cut over date of October 1, 2007. He explained that they first began to talk about this in August 2007 and he didn’t realize that they had to have Council approval for the establishment of this department. The City Manager stated that he was trying to expedite things on first and final reading. He said that if it is not Council’s desire to adopt the ordinance on first and final, he has no objection to adoption on two readings.

Councilman Tignor stated that he hates to deny the City Manager, but he believes that Council establishes a precedent of waiving second readings and he doesn’t believe that Council should do that.

Councilwoman Leary stated that Council does property transfers on first and final reading. She asked what the difference was.

Ms. Cynthia E. Hudson, City Attorney, stated that a resolution doesn’t require more than one reading, only ordinances.

Vice Mayor Gilliland asked if this meets the City Manager’s needs. In response, the City Manager stated that he can live with this.

ADOPTED ON FIRST READING Motion made by: Councilmember Rhet Tignor Seconded by: Councilmember Paige V. Washington Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

23. 07-0478 AN ORDINANCE TO AMEND AND RE-ENACT CHAPTER 2 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, "ADMINISTRATION", BY ADDING THERETO ARTICLE V, ENTITLED "DEPARTMENT OF INTERNAL AUDIT"

Mr. Jesse T. Wallace, City Manager, stated that the current City’s budget for this fiscal year is $345M and the City currently has no internal comprehensive internal audit program in place. He said that with the multitude of money handling and procurement transactions that occur in this organization annually, he believes that the City needs this type of program in order to do business properly and for him to assure the public of the stewardship responsibilities for public dollars.

The City Manager stated that the primary objective of the Internal Audit Department is to develop, implement and audit internal controls and also test for compliance with procurement rules and regulations. He said that

City of Hampton, VA Page 28 of 40 Printed on 9/27/2007 City Council Meeting Minutes

he is also requesting that Council approve this on first and final reading. He said that he would like to waive that request and he would like for Council to amend the ordinance. He explained that since he brought this forward he had requested that the Department be responsible to the City Manager. He said that in order to truly give an internal audit function the independence that it really needs, it needs to answer to the governing body. He requested that Council amend the ordinance to make the reporting responsibility for the Internal Audit Department to the Council, but leave the supervisory responsibility of the auditor and other personnel to the City Manager. He said that with the activities that are going on he suggested that the cut over date be January 1, 2008 to insure that everything is considered. He said that he will waive the one reading request and two readings would be fine with this also.

Councilman Tignor stated that he is concerned about this ordinance and the function of having an auditor over and above what the City has. He said that he went through the Finance Committee meetings and he can’t find anywhere where the City of Hampto’n s internal audit is inadequate. He said that he looked at three CAFRs and each one indicated that the City’s internal accounting controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions. He said that the last time this was printed it cost the City $120,000 to have them say that what the City is doing is adequate.

Councilman Tignor said that he believes the City Manager should come back to Council with what the costs will be and what he hopes to get out of this so Council can have more information. He said that in addition to the CAFR statement there is also an attachment to each of the three CAFRs which is a national recognition of the City’s accounting. He said that he would like to know why the City needs to do this and he doesn’t see why the City would spend another couple of thousand dollars. He said that he would like to see more justification.

Mayor Kearney requested that the City Manager prepare a written explanation to Council.

Councilman Spencer stated that he spoke with the City Manager regarding this issue because he has some concerns. He said that the City Manager has answered some of his questions, but he would like an opportunity to meet with the City Manager to discuss his concerns. He said that one of his concerns is that it is off budget cycle and it did not make the cut list that last two or three budget cycles. He said that he would vote no on first reading.

Vice Mayor Gilliland stated that the Finance Committee doesn’t have any role with the internal audit so none of those issues have come before the Finance Committee. He said that he believes the City Manager’s proposal brings the City in line with proper business practices. He said that in large organizations and private enterprises, the internal audit function, whether it is a person or a department reports to the governing body and typically the audit committee of the governing body. He said

City of Hampton, VA Page 29 of 40 Printed on 9/27/2007 City Council Meeting Minutes

that he works for a large financial institution and he took the time to meet with their internal auditor to ask him how this worked in the real world. Vice Mayor Gilliland stated that the internal auditor reports to the governing body or the audit committee of the governing body and simultaneously communicates whatever they communicate to the governing body to the City Manager or the CEO.

Vice Mayor Gilliland stated that one of the things that is critical to a properly functioning internal audit committee is independence and autonomy and the only way to achieve that is to report directly to the final decision makers for that organization, which is in this instance, the City Council. He said that it is important that it have the stature, the power, the authority, the independence and the autonomy to never be subject to question as being honest brokers of information in the organization. He said that he believes that this recommendation is something that the City should have been doing for a long time and he appreciates the City Manager bringing it to Council’s attention and recommending the change.

Vice Mayor Gilliland stated that he believes it is sound financial policy and proper financial stewardship of public dollars and something that he hopes everyone on Council will support.

Councilwoman Leary stated that she appreciates the City Manager being willing to go with one reading on this issue because she believes it is a vital department that is needed and she would pass it on first and final reading.

Councilwoman Leary said the first item she brought to Council in 2004 was a $150,000 request for an archaeological dig. She explained that after Council approved the $150,000 she requested an opportunity to review and track the progress of the archaeological company that would be doing the work. She said that when she was given the information, it wasn’t $150,000 it was listed as $125,000 and the resolution that Council passed had been changed by $25,000. She further explained that if she had not looked deeper than what prior Council’s have done, she would have never known this. Councilwoman Leary said that would have been caught by a department of internal audit, but the City doesn’t have one and that is why she supports this.

Councilwoman Leary stated that the second time was on an item regarding the City of Hampton competing with private companies regarding paving. She said that the City had to pay for an audit which said that the City lost $40,000 on the driveways that were paved on private property, plus the issues of private liability down the road.

Councilwoman Leary said that she sees an extreme need for the Internal Audit Department. She said that she doesn’t want a study to determine if this is the right thing to do because she knows that the department is needed.

City of Hampton, VA Page 30 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Councilman Sapp stated that he appreciates Councilman Tignor calling the history of the City’s previous review audits. He said that he takes audits with a grain of salt sometimes. He said that he believes the City needs to look at them and take them and understand the limits that go along with the audits that are conducted, regardless of how much they cost. He said that there are many examples where this needs to be done and an activity this size, irregardless whether we are talking about the people’s money or a private activity’s money, the City needs to do this. He said that it is an excellent thing to do and the City needs to move forward with great haste.

Mayor Kearney stated that this is the first reading of two readings for the adoption of the creation of an Internal Auditor who will report to the City Council.

The City Manager stated that the auditor would report to the City Council but the supervision of the personnel will be under the City Manager.

Councilman Tignor stated that the City already has an internal auditor so Council is not creating an Internal Auditor, we are moving where the internal auditor reports to and works for.

The City Manager stated that the internal auditor under the City Manager’s proposed revision would report to the City Manager and the City Manager’s responsibilities would rest with the City Manager. He explained that the department would only be reporting the results of its findings to the City Council and the City Manager.

Mayor Kearney asked if the City had an Internal Auditor. In response, the City Manager stated that the City has someone in the position of Internal Auditor which is embedded in the Finance Department, but that is not an internal audit person.

Mayor Kearney asked the City Attorney if she would rewrite the revisions as discussed for the September 26, 2007, Council meeting. In response, the City Attorney stated that she would make the revisions including Council’s comments.

Councilwoman Leary stated that while she would like to amend for first and final reading, since the exact wording is not available, she will go along with the second reading.

ADOPTED AS AMENDED ON FIRST READING Motion made by: Councilmember Paige V. Washington Seconded by: Councilmember Charles N. Sapp Ayes: 6 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 1 - Joseph H. Spencer, II

City of Hampton, VA Page 31 of 40 Printed on 9/27/2007 City Council Meeting Minutes

24. 07-0483 AN ORDINANCE TO AMEND AND REENACT CHAPTER 21, ARTICLE II OF THE CODE OF THE CITY OF HAMPTON ENTITLED "LOCAL VEHICLE LICENSE" IN ITS ENTIRETY.

Mr. Jesse T. Wallace, Jr., City Manager, stated that the proposed amendment eliminates the requirement of a City decal and provides for the imposition and collection of the license tax in its absence.

ADOPTED ON FIRST READING Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Paige V. Washington Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

Resolutions

25. 07-0452 Resolution Authorizing the Transfer of $5,000,000 of General Improvement Bonds – Series 2005 Appropriations from Buckroe Property Acquisition-Schools to Buckroe Strategic Property Acquisition and Demolition.

BE IT RESOLVED by the City Council of the City of Hampton that $5,000,000.00 (Five Million Dollars and no cents) be transferred from “General Improvement Bonds – Series 2005 Appropriations, Buckroe Property Acquisitions – School” to “General Improvement Bonds – Series 2005 Appropriations, Buckroe Strategic Property Acquisition and Demolition.”

BE IT FURTHER RESOLVED that, subject to the advice and opinion of bond counsel, the City Manager is authorized to negotiate and execute all documents necessary to acquire the subject properties.

Mr. Jesse T. Wallace, Jr., City Manager, stated that these funds were originally earmarked for land acquisition associated with the new Buckroe School. He said that the school construction has been postponed until FY2012 and Council has had an opportunity to address another strategic initiative within the Buckroe area. He said that this item was deferred from the August 15, 2007, Council meeting.

The City Manager explained that since the August 15, 2007, Council meeting staff has been investigating alternative funding sources and at this time he is requesting that this item be deleted from the agenda.

Ms. Virginia Lyeth, 126 Wilderness Road, stated that she appreciates the fact that the City has found another route.

Vice Mayor Gilliland stated that this preserves the money for the Buckroe School.

City of Hampton, VA Page 32 of 40 Printed on 9/27/2007 City Council Meeting Minutes

REMOVED Motion made by: Councilmember Paige V. Washington Seconded by: Councilmember Charles N. Sapp Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

Appointments

26. 07-0463 to consider an appointment to the Social Services Local Advisory Board.

APPOINTED Phillip R. Trana to complete the term of Christopher G. Stuart. The term is to begin immediately and will end on August 31, 2011.

Motion made by: Councilmember Paige V. Washington Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

27. 07-0487 to consider appointments to the Peninsula Stadium Authority.

Councilman Washington requested that this item be deferred to the September 26, 2007, Council meeting.

DEFERRED (9/26/2007) Motion made by: Councilmember Paige V. Washington Seconded by: Councilmember Angela Lee Leary Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

28. 07-0310 to consider appointments to the Hampton Federal Area Development Authority.

Councilman Sapp stated that the mission of the Hampton Federal Area Development Authority (FADA) is closely tied to the federal activities not just Fort Monroe. He said that included Langley Air Force Base (LAFB), Langley Research Center, Veteran’s Administration Hospital, Post Office and any other federal activities that are actually located within the confines of the City limits. He said that there are a number of those in particular, NASA Langley, and LAFB whose long range strategic future is in flux right now. He said that it very much impacts the mission of FADA. Councilman Sapp stated that he is proposing that the City put this aside until such time as the needs clarify themselves so that Council may come back and appropriately appoint members that are in consonance with

City of Hampton, VA Page 33 of 40 Printed on 9/27/2007 City Council Meeting Minutes

what the City needs with these various activities as the City moves forward.

Councilman Sapp recommended that the item be tabled.

Mayor Kearney stated that he will write a letter to the 14 people who signed up to be on the committee. He said that they will still be considered when it is brought back to Council. He said that the committee’s role has to be defined because it is still changing. Mayor Kearney stated that the City still has Base Realignment and Closure (BRAC) to fight with Langley Field. He said that the Air Combat Command (ACC) was targeted during the last BRAC as a possibility of Langley being affected. He said that the City wants to make sure that they are on board and doing the right thing.

MOVED TO table the issue. The current appointments will remain in effect until successors are appointed. Motion made by: Councilmember Charles N. Sapp Seconded by: Councilmember Angela Lee Leary Ayes: 7 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Joseph H. Spencer, II, Rhet Tignor, Paige V. Washington, Ross A. Kearney, II Nays: 0

Audiences Granted to the General Public

Mr. Arne Hasselquist, 100 State Park Drive, requested that Council put an end to the madness and protect what few wetlands that are left in Hampton. He said that saving the White Marsh area through proper zoning will not only help prevent future flooding, but will also help save the Chesapeake Bay’s critical eco-system and allow for public access.

Mr. Charles Hurst, 34 Riley’s Way, requested that Council fully protect White Marsh wetlands by initiating eminent domain to acquire the land to protect the existing wetlands and the existing homes in the surrounding area. He said that this is a fragile area and modification will hasten their demise and jeopardize Hall and Beach Roads, Long Creek, Fox Hill and Grandview.

Ms. Anne Johnson, 21 Riley’s Way, stated that she doesn’t believe that the leadership of the City of Hampton would take any action that would endanger the properties at White Marsh.

Mr. Thomas McKee, 6 Aspenwood Drive spoke to Council regarding a nuisance cat destroying his property. He explained that he has contacted Animal Control and has not received any satisfaction. Mr. McKee provided Council with documentation regarding the matter. Mr. McKee stated that he has been to Court and to the Magistrate’s Office and he has purchased a $100 trap. He said that he doesn’t understand why the ordinances are not being upheld.

City of Hampton, VA Page 34 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Mayor Kearney thanked Mr. McKee and requested that the City Manager look into the matter. He said that all it takes is one neighbor to be disruptive and ruin the lives of others. Mayor Kearney requested that Mr. McKee leave his documentation with Ms. Cynthia E. Hudson, City Attorney, and he would contact Mr. McKee.

Mr. McKee thanked Mayor Kearney for the opportunity to speak to Council.

Ms. Jennifer Amick, 1732 Beach Road, stated that one of the basic principles of this country is that all of the people’s voices are heard. She said that leaders are elected to represent the citizens and their best interest. She said that she doesn’t believe that her voice and those trying to protect White Marsh are not as loud as a few “deep pockets.” She said that she doesn’t believe that “deep pockets” and the “good ole’ boys” are what really matter.

Lt. General (Retired) US Army, Joseph Yackovac, 206 Lighthouse Drive, stated that no action should be taken to allow further development in White Marsh until a study is completed of the overall impact of the Chesapeake Bay and the Back River, and the homes in that area.

Mr. Bill Kunz, 30 Riley’s Way, stated that he and his wife moved from Virginia Beach four years ago. He said that the beauty of the island and the tranquility of the area is what attracted them to the area. Mr. Kunz said that leaders are people who do the right thing, not people who do things right. He said that as the White Marsh development process unwinds, he requested that Council step in and do what is right for the environment and the City of Hampton and make decisions for other government agencies and stop the development of White Marsh.

Mr. Joe Osso, 16 Knodishall Way, stated that he thought government officials were elected to protect the citizens and insure their safety and to make decisions based on what is good for the many and not what is good for the few or the one. Mr. Osso stated that the citizens depend and trust that Council will make the right decisions.

Mr. Osso said that there are those that say half the homes in White Marsh shouldn’t have been built and the residents should remain quiet because they are being hypocritical, even though they, as home owners, did not make the decision to develop that area. He said that they are probably right and a lot of those homes shouldn’t have been built. He said that humans make mistakes, but what separates them from others is the ability to learn from past mistakes and apply common sense and reason to decisions.

Mr. Osso requested Council not to hide behind the Dillon Rule and to stand up and be counted as someone who cared about the residents and this City. He asked Council to give the residents of Fox Hill and Grandview a chance.

City of Hampton, VA Page 35 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Ms. Melody Avery, 117 Bonita Drive, stated that she is not a member of Riley’s Way and she doesn’t know Mr. Sebastian Plucinski. She said that she believes there are much larger issues involved that are critical to maintaining the quality of life for all the residents of the Back River watershed. She said that the issues are sustainability of the wetlands eco-system and accountability of the local officials for land use decisions. Ms. Avery said that permits and zoning variances are necessary for new development in the wetlands. She requested that Council stand up and be accountable.

Ms. Brenda Varee, 106 Bonita Drive, stated that Council members know, in their hearts, that the residents of White Marsh are right.

Mr. Peter O’Shaughnessy, 15, Bonita Drive, stated that he signed up and didn’t realize that he was signing up to speak because this was his first City Council meeting. He said that he grew up in New York City and joined the Air Force at 17 years of age. Mr. O’ Shaughnessy stated that he retired in 2004 and moved to Hampton in 2005.

Mr. O’Shaughnessy said that his concern was accessibility on Beach Road which was impassible during a flood. He said that if White Marsh is destroyed and built up, the flooding on Beach Road will become worse. He requested that Council educate him regarding how the process works.

Mayor Kearney stated that this matter is in legal litigation. He explained that as soon as that ends and if it goes in favor of the builder, that person would be coming to get his permits and that is when the process would start on the local level. He said that Virginia is a property rights State and if you really want to understand what that means, look at the Virginia Constitution. He explained that it states that every person has the right to life, liberty and the property. Mayor Kearney said that a few years ago the lady that owned the building across from the Post Office in Buckroe was made to paint and repair the building and she painted it purple. He said that Council knows that they are going to take the heat and the hits for what is taking place. He said that as this moves forward the people will be kept informed.

Lt. Commander Charles E. Morris, stated that he and his wife, Lt. Commander Lisa Morris, reside at 17 Bonita Drive. He said that on the second day he lived on Bonita Drive it flooded and his neighbor, Mr. O’Shaughnessy helped him get his garage dried out. He said that is community. He said that the opinion from the City Attorney indicated that this isn’t the City’s fight and that he should talk to the State delegate.

In response, Mayor Kearney stated that he was just trying to say that State law could be adapted to make the change that is needed.

Lt. Commander Morris said that although the legal opinion that has been issued is probably defensible, morally, each member of Council knows that it is wrong to destroy the wetland in which they live.

City of Hampton, VA Page 36 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Dr. Carl O. Helvie, 9 Riley’s Way, stated that he was opposed to any building in the White Marsh area because of the potential for severe flooding on Grandview, Beach Road and Fox Hill. He said that at age 75, flooding in White Marsh because of additional building would be too much for him to clean up and he would be forced to leave his home. Dr. Helvie requested that Council take the necessary action to protect White Marsh from any building.

Ms. Joyce Robertson, stated that her family has lived at 106 Lighthouse Drive since 1985. She asked if this was going on in a Council member’s neighborhood if they would want to have a group like this backing you.

Mayor Kearney stated that community is what it is all about.

Mr. Frank Ottofaro, 63 Wheatland Road, spoke to Council regarding the City taking his property at 11 Pine Chapel Road. He said that he came before Council on August 15, 2007, at which time he made a request and had been expecting a reply. Mr. Ottofaro requested that the City Manager meet with him to work out a fair settlement under the Golden Rule that will meet with the approval of Council.

Mr. Howard Brown, 1102 Eastern Avenue, stated that he is proud that he grew up in Hampton and has returned. He said that it doesn’t feel like home because he has had to fight the kids and the people in that area. He explained that he just bought a new home and his property is being destroyed. Mr. Brown stated that said that he would like to have a fence extended 21 feet so he will not have a path going through his property.

Mr. Brown stated that he has talked to Mr. Frank Lofurno, Director of Hampton Redevelopment and Housing Authority (HRHA) and he believes that Mr. Lofurno cares more about the people walking through the project than walking on his property. Mr. Brown said that he has been turning on his water because they will not walk through the water because they do not want to get their Nike’s and Reebok’s wet. Mr. Brown asked who was going to pay for his water bill.

Mr. Brown stated that he has called 911 many times and by the time the police arrive, they are gone. He said that on September 7, 2007, an ATV ran across his property and he called 911 again. Mr. Brown said that the only thing that he has left that has not been taken away from him is his good name and the right to vote.

Mayor Kearney stated that he doesn’t know what the details are regarding the property or the fence but Mr. Brown’s rights need to be protected also.

Mayor Kearney requested that the City Manager look into the matter. He said that it is not an uncommon practice. He said that it is more the parents of the children that need some correction.

Councilwoman Leary stated that she has known about Mr. Brown’s problems for the past few weeks. She said that she called a reputable

City of Hampton, VA Page 37 of 40 Printed on 9/27/2007 City Council Meeting Minutes

fencing company in the City of Hampton whose name she will provide to the City Manager. She said that she provided this company the number of feet, the height and the gauge of the chain link and the guesstimate price she received was $425 to install the fence.

Councilwoman Leary stated that she would appreciate the City Manager taking care of that.

Councilman Washington said that Mr. Lofurno is trying to get the 21 foot 7 inch fence to block off that area to prevent the youth from crossing over his property. He explained that in order to do that, the fence has to be attached to the fence that is on the property of Langley Square.

Councilwoman Leary stated that the fence would not have to be attached, just drive another pole.

Councilman Washington said that another pole can be driven and brought across to the guardrail. He said that it is a simple remedy.

Mayor Kearney stated that he is sure that the City Manager will do something to take care of the problem.

Councilman Spencer stated that he went by and inspected the property.

Mr. Brown said that he has been dealing with this since May 2007 and he has called the Council Office three times and left messages for Mr. Hardy Cash and Councilman Spencer was the only person to do anything.

Mr. Ed Miller, 14 Garrett Drive, spoke to Council regarding the engineering of the intersection of Armistead and Pine Chapel Road. He said that he talked to the engineer in charge of that project and he couldn’t give him any satisfaction and he talked to Mr. Fred Whitley, City Engineer, about the problem and was told that the engineering and concept had been approved by Council for the way the intersection was going to be reengineered.

Mr. Miller said that whenever he wants to go out Mercury Boulevard to Langley Square he always goes down Pine Chapel Road and turns left on Armistead Avenue to Mercury Boulevard. He said that when the improvements to that intersection were started a number of months ago the ability to turn left at Pine Chapel Road on to Armistead Avenue was eliminated.

Mr. Miller said that after talking with the project engineer and Mr. Whitley they indicated that there would be no left hand turn availability at that intersection. He said that they explained that they are trying to turn Pine Chapel Road into what they call a secondary road. Mr. Miller said that Mr. Whitley indicated that there would be no traffic control at that intersection.

City of Hampton, VA Page 38 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Mr. Miller said that the notice in the newspaper indicated that there is going to be three right-hand turn lanes from Armistead Avenue on to Pine Chapel Road in order to funnel traffic to the Hampton Roads Convention Center (HRCC) parking lots. He said that the notice also indicated that there would be three turn lanes from Armistead Avenue heading away from Home Depot, and three left-hand turn lanes onto Pine Chapel Road.

Mr. Miller asked if Pine Chapel is going to be turned into a secondary road, why are there three right-hand turn lanes and three left-hand turn lanes.

Mayor Kearney stated that Council voted on Mr. Whitley’s recommendation. He said that he understood that the road was going to be changed. He requested that the City Manager look into that matter.

The City Manager stated that he will have Mr. Whitley brief Council on the matter.

Mayor Kearney stated that when Council receives the report they will keep Mr. Miller informed.

Mr. Miller asked if this was a topic at a Council meeting. In response, Mayor Kearney stated that it may have been on the Consent agenda but the explanation would have been done televised in an afternoon session.

Mr. Miller said that the statement was made that there would not be a traffic light at that intersection where Pine Chapel Road goes into Armistead Avenue.

Mr. Rudy Langford, 232 W. Gilbert Street, spoke to Council on behalf of the Coalition for Justice for Civil Rights. He expressed the Coalition’s thanks to Councilman Tignor for his contributions to the City of Hampton.

Councilman Tignor thanked Mr. Langford for his comments.

Delegate Tom Gear, 43 Mohawk Road, stated that if staff and Council will provide him with what they want he will be more than happy to get it introduced to do what is needed to protect White Marsh.

Mayor Kearney asked Delegate Gear if he could get a member of the Legislative Committee to work with them. In response, Delegate Gear said that he absolutely would.

Ms. Cynthia E. Hudson, City Attorney, stated that she would contact Delegate Gear.

Delegate Gear stated that he would let Council know when it comes before the committee so they can come and testify.

Mr. John Krullis, 3631 Chesapeake Avenue, read a letter that he wrote to the Daily Press regarding the budget and real estate assessments.

City of Hampton, VA Page 39 of 40 Printed on 9/27/2007 City Council Meeting Minutes

Miscellaneous New Business

Councilwoman Leary thanked Mayor Kearney for his participation in the Day of Remembrance and Hope. She said that Mayor Kearney and Delegate Gear came to the first event on December 11, 2001 and she is very appreciative of that. Councilwoman Leary stated that on September 11, 2007, was probably one of the most moving experiences she had ever seen to see a General kneel in front of a mother and grandmother that had lost a son and grandson. She said that she appreciates their efforts on behalf of the event and she appreciates Council looking to the future and taking this event as a City event.

Councilwoman Leary said that one of the things that she would like to see is the multi-task and a dual track. She said that while they look at what Delegate Gear has brought to Council’s attention about the possibility of submitting some legislation regarding White Marsh. She would also like to look at the possibility of putting this into a land conservancy. She said that because she doesn’t want the developer to come up with additional money for his development costs.

Mayor Kearney stated that there are a lot of things being discussed now that cannot be discussed in public because the value of things change if it is discussed in public. He said that it is one of those things that the people have to trust Council or throw them out.

In response to Mr. Krulis, Mayor Kearney said that Council handlings budget business at least one if not both of the weeks that Council meets. He said that it is a constant thing when you work with a $400M budget and that is one reason why Council voted in a six to one to get an Internal Auditor for the City. He said that when he came on Council in 1992, the budget was $175M a year and it has doubled in 14 years.

Adjournment

______Ross A. Kearney, Ii Mayor

______Katherine K. Glass Clerk of Council

Date approved by Council______

City of Hampton, VA Page 40 of 40 Printed on 9/27/2007