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 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 27, 2006 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 - Angela Lee Leary

PLEDGE OF ALLEGIANCE TO FLAG

MAYOR'S COMMENTS

Mayor Kearney reminded the citizens of Hampton that they are invited to join in the Buckroe Beach Bayfront Initiative Design sessions that are scheduled for.

Mayor Kearney stated that the results of the sessions will provide guidance and direction for amending the existing Buckroe Master Plan Bayfront Initiative. He said the sessions will take place on October 3, 4, and 5, 2006 at the Rupert Sargent Building on Franklin Street from 6:00 p.m. – 9:00 p.m. He encouraged everyone to attend. He said that the Bayfront Initiative is our public beach and Council wants to insure that it is developed in a way which is fitting for all the residents of the City of Hampton.

CONSENT AGENDA

Consent Items - First Reading

1. 06-0548 Resolution approving and appropriating donations made to the Hampton Division of Fire and Rescue during FY 05-06.

City of Hampton, VA Page 1 of 35 Printed on 10/14/2006 City Council Meeting Minutes

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 fund balance for donations received for fire station needs, supplies and equipment.

APPROVED items 1 through 13 on the consent agenda. 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

2. 06-0553 A Resolution Appropriating Funds for 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 $5,822,261.09 from the Designated General Fund Balance, $153,447.92 from Stormwater Fund Balance and $811,942.05 from the Economic Development Fund Balance be appropriated to the Capital Projects Fund to complete the following projects for fiscal year 2006:

Project Name Amount General Projects Fleet Management $ 358,075.97 Reengineering Technology 108,709.73 Strategic Property Acquisition 992,500.00 Shopping Center Revitalization 534,823.93 Contingent Reserve 135,376.85 Arterial Road Resurfacing 34,253.36 Mercury Central Inf. Maintenance 563,892.73 Mercury Blvd. Pedestrian Signal 73,117.26 Downtown Master Plan 2004 418,562,51 Building Maintenance 191,467.98 Settlers Landing Rd Parking Deck 7,614.01 Harbour Center CMU Repair 280,053.64 Circuit Court Elevator 70,719.00 Woodlands Golf Course Renovation 84,225.00 Soccer Fields at Dixon 147,751.22 Parks & Recreation Maintenance 237,140.27 Hampton’s Club House 195,190.53 HRC South Excess 750,000.00 Neighborhood Improvement Program 373,924.18 Blighted Property Acquisition 214,862.92 River Street Park 50,000.00 Total General Fund Projects $5,822,261.09

City of Hampton, VA Page 2 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Stormwater Fund Stormwater Improvements $117,694.68 Storm Drain Outfalls-Pembroke Ave 35,753.24 Total Stormwater Fund $153,447.92

Economic Development Fund Copeland Ind. Park – Inf. Improvement $ 27,836.05 HRC South Access to HRC Parkway 750,000.00 Blighted Property Acquisition (UDAG) 34,106.00 Total Economic Development Fund $811,942.05

Total to be Re-Appropriated $ 6,787,651.06

3. 06-0549 Resolution Accepting a Donation to Hampton Clean City Commission's 'Keep Hampton Green Fund.’

WHEREAS, Dr. Martha Tennille has generously donated the amount of $2,500 to the Hampton Clean City Commission to support their efforts in connection with the ‘Keep Hampton Green Fund’; and

WHEREAS, the ‘Keep Hampton Green’ fund is used for the purchase of trees and shrubbery for major public areas and these funds will be used for that purpose;

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton accepts and appropriates the donation from Dr. Martha Tenille in the amount of $2,500 to the ‘Keep Hampton Green’ fund of the Hampton Clean City Commission.

4. 06-0559 Resolution Adopting the Proposed Peninsula Multi-Jurisdictional Natural Hazards Mitigation Plan as it applies to the City of Hampton.

WHEREAS, the Hampton City Council voted to amend the Hampton Community Plan by adopting the Peninsula Multi-Jurisdictional Natural Hazards Mitigation Plan as it applies to the City of Hampton (Community Plan Amendment No. 004-2006); and

City of Hampton, VA Page 3 of 35 Printed on 10/14/2006 City Council Meeting Minutes

WHEREAS, the Disaster Mitigation Act of 2000, which reinforces the importance of pre-disaster infrastructure mitigation planning to reduce disaster losses, requires all local jurisdictions to adopt a Hazards Mitigation Plan; and

WHEREAS, the Peninsula jurisdictions of Newport News, Hampton, Williamsburg, James City County, and York County have worked under a regional grant from the Virginia Department of Emergency Management to complete a regional Hazards Mitigation Plan; and

WHEREAS, the Hampton Community Plan recognizes that the regional Hazards Mitigation Plan was under review, and recommended that the Hazard Mitigation Plan be incorporated by reference; and

WHEREAS, the Hazards Mitigation Plan addresses changes to building regulations, education to the public on hazards, protecting City facilities from hazard damage, and other measures that will reduce the City’s hazard vulnerability; and

WHEREAS, by adopting this Plan, Hampton will be better prepared to integrate mitigation actions into other community programs by building public support for mitigation activities, developing effective public education policies regarding mitigation, and obtaining disaster-related grants in the aftermath of a disaster.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia who recommends approval of the Community Plan Amendment 004- 2006 and do hereby adopt the Peninsula Multi-Jurisdictional Natural Hazards Mitigation Plan as it applies to the City of Hampton.

5. 06-0526 Sole source request authorizing the Commonwealth's Attorney to contract professional services from Donald W. David, M.D., of Expert Digital Solutions, Inc.

WHEREAS, the jury trial of Commonwealth vs. William Shanklin is scheduled for October 2, 2006, in the Circuit Court for the City of Hampton, and the victim in this case, four-year old Davion Mutts sustained complex and fatal injuries, and

WHEREAS, Daniel W. Davis, M.D., Forensic Pathologist and CEO of Expert Digital Solutions, Inc., is the only expert consultant who can provide a 3D animated model of the deceased victim’s injuries; and

City of Hampton, VA Page 4 of 35 Printed on 10/14/2006 City Council Meeting Minutes

WHEREAS, the services and evidence provided by Daniel W. Davis, M.D., will enable the forensic experts to present clear and comprehensible evidence to the jury demonstrating the deceased victim’s injuries, and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton approves that Daniel W. Davis, M.D., Forensic Pathologist and CEO of Expert Digital Solutions, Inc., be designated as the only source available for the creation of the demonstrative evidence and animated presentation required for the trial of Commonwealth vs. William Shanklin.

6. 06-0538 Approval of Council Meeting Schedule for November and December, 2006 and for 2007.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hampton, Virginia that regular afternoon work sessions and regular evening meetings be scheduled on the following dates:

November 15, 2006 December 13, 2006 January 10 and 24, 2007 February 14 and 28, 2007 March 14 and 28, 2007 April 11 and 25, 2007 May 2, 9, and 23, 2007 June 20, 2007 July 18, 2007 August 15, 2007 September 12 and 26, 2007 October 10 and 24, 2007 November 14, 2007 December 19, 2007

City of Hampton, VA Page 5 of 35 Printed on 10/14/2006 City Council Meeting Minutes

7. 06-0542 Approval of a Vacation Agreement Between the City of Hampton, Virginia and Sandler at Coliseum Central, L.L.C.

8. 06-0550 License Agreement between the City of Hampton, Sentara Hospitals d/b/a Sentara Careplex Hospitals and OPACC I, LLC.

9. 06-0551 Contract agreement between the City of Hampton and the Hampton Redevelopment and Housing Authority

10. 06-0552 Contract agreement between the City of Hampton and the Phoebus Improvement League.

11. 06-0554 Resolution designating ADT Security Services Inc. as the only source practically available for maintenance, monitoring, and inspection of the burglar system provided by ADT at the Charles H. Taylor Arts Center.

WHEREAS, the burglar alarm system at the Charles H. Taylor Arts Center requires maintenance and monitoring; and

City of Hampton, VA Page 6 of 35 Printed on 10/14/2006 City Council Meeting Minutes

WHEREAS, ADT Security Services Inc. installed the equipment and is the only company authorized to monitor and maintain said alarm system;

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA, that ADT Security Services, Inc. be designated as the only source for maintenance, monitoring and repair for the burglar alarm system at the Charles H. Taylor Arts Center and the Hampton Arts Commission Director is authorized to execute purchase contracts directly with ADT Security Services, Inc. as needed.

12. 06-0555 Approval of minutes from afternoon and evening session of Council on Wednesday, September 13, 2006.

13. 06-0543 Resolution to Authorize the Execution of a Declaration of Restriction Covenants Over a Portion of Newmarket Creek at Air Power Park to Protect and Preserve a Wetlands Mitigation Site

WHEREAS, the HRHA subsequently entered into a Development Agreement dated February 25, 2005 with Sandler for the development of the H2O Residential Project; and

WHEREAS, in order to effectively utilize the H2O Residential Project site, Sandler, requested permission from the appropriate governmental authorities to fill a drainage ditch that bisects the H2O property and, accordingly, filed a Joint Permit Application (“JPA”) with the Virginia Marine Resource Commission (“VMRC”), the Army Corp of Engineers (“USACE”), and the Hampton Wetlands Board (“Wetlands Board”) for the fill of the drainage ditch; and

City of Hampton, VA Page 7 of 35 Printed on 10/14/2006 City Council Meeting Minutes

WHEREAS, a portion of an 11.185 acres City-owned parcel of land along the water’s edge at Newmarket Creek at the rear of Air Power Park (the “Property”) was selected as the most suitable site for wetlands mitigation; and WHEREAS, as a condition of the JPA approval, the USACE requires the owner of the Property (the City) wherein the mitigation site is located to impose deed restrictions upon the mitigation area to protect it from future negative impacts and to preserve its character as a wetlands site; and WHEREAS, the attached Declaration of Restriction Covenants solely restricts future development of the 30,673.873 square foot wetlands mitigation site with the exception of passive recreational development activities and, accordingly, will not impose any negative impact to future development proposals at Air Power Park or to the proposed improvements included as part of the draft Newmarket Creek Park Plan; and WHEREAS, the City finds the terms and conditions of the Declaration of Restriction Covenants to be acceptable;

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, that it approves the terms of the Deed of Restriction Covenants attached hereto and, accordingly, the City Manager or his Authorized Designee is hereby authorized to execute the Deed of Restriction Covenants in substantially the form attached hereto and deliver same to the City Attorney for recordation in the Office of the Clerk of the Circuit Court for the City of Hampton, Virginia.

PRESENTATIONS, PROCLAMATIONS, AWARDS

14. 06-0476 In Recognition of James "Rudy" Carter

Councilman Washington stated that we all know individuals who make contributions through the City and churches, never looking for recognition or seeking notoriety. The individual that Council is recognizing does not seek recognition, but goes about doing what he can for others.

Councilman Washington read and presented the proclamation to Mr. James “Rudy” Carter.

Mr. Carter thanked Council for the proclamation and stated that he has always done what he thought was right to be a good citizens and American.

City of Hampton, VA Page 8 of 35 Printed on 10/14/2006 City Council Meeting Minutes

15. 06-0481 Proclaiming October 14, 2006 as Tuskegee Airmen Day in the City of Hampton in Recognition of the Tidewater Chapter of Tuskegee Airmen, Inc. Legacy Airmen.

Councilman Sapp stated that in 1939 an aviation course was established at the Tuskegee Army Air Field as a result of a crusade to include blacks in the nation’s military. He explained that by the end of World War II almost 1,000 African-Americans had won their wings at Tuskegee Army Air Field. He stated that the Legacy Airmen of the Tidewater Chapter of the Tuskegee Airmen, Inc. have brought great distinction to the City of Hampton through the countless hours they have devoted to the preservation of Tuskegee history.

Councilman Sapp read and presented the proclamation to the following members of the Tuskegee Airmen: Lt. Col. Francis Horne, Retired; CMSgt Grant Williams, Sr. Retired; SMSgt Emmit Hayes, Retired; MSgt Ezra Hill, Retired; Mr. Utha Knox, and Mr. Harry Quinton.

Mr. Howard Manly, President of the local Chapter of Tuskegee Airmen thanked Council for the proclamation and thanked the City of Hampton for allowing the Tuskegee Airmen to hold their meetings at the Rupert Sargent Building. He stated that the Tuskegee Airmen have the only record of escorting bomber pilots without during the time of war in Italy to Berlin and back and not losing a single bomber in all those missions. He said it is an achievement that has never been achieved before.

Mr. Manly presented a commemorative plate to the City of Hampton, on behalf of the local Chapter of the Tuskegee Airmen. Mayor Kearney thanked Mr. Manly and the Tuskegee Airmen.

Councilman Washington stated that in November, 2006, the Tuskegee Airmen will be recognized at the White House in Washington, D.C. He commended them for their fine and outstanding service to the country.

16. 06-0485 Proclaiming October 12, 2006 as Lights on After School Day.

Councilwoman Leary stated that Hampton Community CHROME 4H- Enrichment Outreach Program has provided significant leadership in the area of community involvement in the education and well-being of youth, grounded in the principle that quality after-school programs are key to helping children become successful adults. She stated that on October 12, 2006, Lights on After School, a national celebration of after-school programs will promote the critical importance of quality after-school programs in the lives of children, their families and their communities.

Councilwoman Leary read and presented the proclamation to Ms. Gwyndolyn Lee-Lomax.

Ms. Lomax thanked Council for the proclamation and for supporting the Community CHROME Program. She stated that the Community CHROME program is a non-profit organization that is not funded in

City of Hampton, VA Page 9 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Hampton, but the City and all of the community people have contributed and supported the program.

Ms. Lomax invited everyone to the rally at the West Hampton Community Center on October 12, 2006, from 6:30 p.m. to 8:00 p.m.

17. 06-0534 Proclamation Proclaiming September 2006 as Alcohol and Drug Addiction Recovery Month.

Vice Mayor Gilliland read and presented the proclamation to Dr. Douglas Mueller Professor at Hampton University.

Dr. Douglas Mueller thanked Council for the proclamation on behalf of the Graduate Counciling Department of Hampton University.

18. 06-0536 Fire Prevention Week Proclamation for 2006

Councilman Spencer read and presented the proclamation proclaiming October 8 – 14, 2006 as Fire Prevention Week in the City of Hampton to Chief James Gray and Battalion Chief Ann Marie Loughran, Hampton Division of Fire and Rescue, and “Sparky” the Fire Dog.

Battalion Chief Loughran thanked Council for the proclamation and stated that Fire Prevention Week is the foremost time to educate citizens about fire safety. She encouraged everyone to visit ww.firepreventionweek.org to learn more about fire prevention and safety. She said that during Fire Prevent Week, the Division will be located at many businesses throughout the City distributing educational materials.

Mayor Kearney asked Chief Gray to explain to the public how they can get smoke detectors. In response, Chief Gray stated that smoke detectors are free for all citizens in Hampton by calling 727-6580. He said that the fire fighters will install the monitors. He explained that a working smoke detector is the number one tool in protecting lives against fire. He said that the smoke detectors are offered free of charge from a grant through the Virginia Department of Fire Programs.

Mayor Kearney thanked Chief Gray, Battalion Chief Loughran and “Sparky” the fire dog.

19. 06-0539 Joint Proclamation Proclaiming October 18, 2006 as Senior Awareness Day on the Virginia Peninsula.

Councilman Tignor read and presented the proclamation to the Hampton Sheriffs Department.

Councilman Tignor stated that this proclamation is not just a Hampton proclamation, but it is a proclamation from Hampton, Newport News,

City of Hampton, VA Page 10 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Poquoson, Williamsburg, James City County and York County. He explained that all the mayors and chairs of these cities and counties have signed the proclamation because of its importance.

Councilman Tignor stated that he attended a senior citizen summit that he found to be extremely helpful. He encouraged all senior citizens to attend the summit.

20. 06-0571 Proclamation Proclaiming October 2-6, 2006, as Customer Service Week in the City of Hampton, Virginia.

PRESENTED by Mayor Ross A. Kearney, II, to Jesse T. Wallace, Jr., City Manager.

REPORTS BY CITY MANAGER, CITY COUNCIL, STAFF, COMMITTEES

21. 06-0537 Request to Address Council on the Topic of City Decals.

Delegate Tom Gear, 43 Mohawk Road, stated that he is the Representative for the 91st District serving parts of Hampton, Poquoson, and parts of York County.

Delegate Gear stated that a year ago his daughter’s house was burned down. He commended the arson investigators for the City of Hampton. He stated that he appreciated their hard work and dedication.

Delegate Gear asked if the City was still requiring the purchase of a City decal for inoperable vehicles. In response, the City Manager stated that at this time, the decals are required.

Delegate Gear stated that this issue came to his attention from a couple of citizens. He stated that at first he didn’t agree with them and after looking into to it, he agreed that the City cannot require City decals on inoperable vehicles.

Delegate Gear spoke to staff members at the Attorney General’s Office and he was told that the City cannot make this requirement. He said that the Attorney General’s Office sent a letter to the Commissioner of the Revenue in 2002 explaining the reasons. He said that he wrote a letter to the Attorney General

Delegate Gear read the letter he sent to the Attorney General’s Office. He stated that they indicated that the issue had been addressed several times and most recently, December 20, 2002, which provides that the local motor vehicle fee is imposed on the privilege of operating a motor vehicle and it is not a property tax. He stated that the letter indicated that the Attorney General’s Office has concluded that it is not the failure to purchase a license decal, but the operation of the vehicle on a public

City of Hampton, VA Page 11 of 35 Printed on 10/14/2006 City Council Meeting Minutes

highway that is prohibited. He further stated that the letter indicated that a person can own a motor vehicle and keep it garaged without being subject to the local motor vehicle fee.

Mayor Kearney requested the City Attorney to respond to this issue.

The City Attorney stated that as was previously discussed, the issue that Delegate Gear is raising, with respect to the validity of the ordinance has been debated publicly before, as recently as the September 13, 2006, Council meeting. She said that the Commissioner of the Revenue, who is charged with tax assessment and the Treasurer who is charged with collecting the tax and fees that are assessed are both State Officers charged with those responsibilities and are given very broad discretion under State law. She further stated that the Virginia Code Section 46.2- 752 gives the authority to impose the fees and the personal property taxes and says that they shall be imposed in whatever manner, on what basis, for such periods, as the appropriate local authorities should determine. She stated that the City has historically deferred to the local responsibility authorities, i.e., the Treasurer and the Commissioner in setting the ordinance and establishing what is going to be assessed and how it is going to be collected. The City Attorney stated that this is being done under very clear authority established by the Virginia General Assemble in this statute, which essentially says that garaged, stored, or parked is the standard for how the City is to determine the manner in which the fee will be assessed and collected.

Mayor Kearney stated that not knowing what was going to occur tonight, he requested that the City Attorney tocheck into this matter and to research this information and provide a report to Council before the holidays. He asked that the report explain the position that is taken by the City Attorney as a recommendation to the Council, through the City Manager.

The City Attorney stated that she would be glad to do that in consultation with the City Treasurer and the Commissioner of the Revenue.

Mayor Kearney requested Delegate Gear provide copies of the letters to the City Attorney to help her with her involvement in this matter.

Delegate Gear stated that Mr. Mugler has copies.

Mayor Kearney stated that Delegate Gear brought this matter to Council and asked him to provide copies of the letters that he referred to.

Delegate Gear stated that the City Attorney knows what section he is talking about. He stated that he is not referring to personal property taxes.

The City Attorney stated that the City is attaching the fee in connection with enforcement and collection of personal property. She said they go

City of Hampton, VA Page 12 of 35 Printed on 10/14/2006 City Council Meeting Minutes

hand-in-hand to some degree and they cannot look at one without looking at the other.

The City Attorney stated that when this matter came up at the September 13, 2006, meeting, it was discussed that it would be addressed at the State level with some legislative requests. In response, Mayor Kearney stated that he is not in a position to discuss it and requested that the City Attorney research the matter.

Delegate Gear assured Council that it would be addressed in the General Assembly in January and the problem would be corrected. He said that all these people have been charged and their money should be returned to them.

Mayor Kearney asked what other city he referred to. In response, Delegate Gear stated that he believes it was Ashland.

The City Attorney stated that the case Delegate Gear is referring to was decided under prior law before the State Statute was changed as it reads today. She explained that currently the State poses no requirement of operation on the streets in the City’s discretion to impose a vehicle license fee, which is why Council thinks it might be addressed at the State level. She said that she is going to follow Mayor Kearney’s directive and review the matter more closely for local action.

Delegate Gear stated that there is no question that it can be addressed at the State level. He said that people are looking for a refund on their money and that is what the problem is. They should not have been charged in the first place.

Mayor Kearney stated that he wants a report so Council can take some action on the matter.

22. 06-0541 Annual Report of the Neighborhood Commission

Mr. Jack Hall, Chairman, Neighborhood Commission began with a quote from Mayor Kearney. “The success of the community is measured by the participation of our citizens in making Hampton a great place to live.” Mr. Hall said that he is in complete agreement with the statement.

Ms. Regina Mays, stated that she is helping her neighborhood look great by using the Hampton Housing Venture Incentives to rehabilitate her house, which is something she would not be able to do on her own.

Ms. Tammy Hopson, 311 Call Center, stated that she is a good neighbor because she has used the “Sold on Hampton Center” and has attended all of the Curb Appeal Workshops to gain information to make her home the best it can be.

City of Hampton, VA Page 13 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Ms. Sadie Brown stated that she is a member of the Old Hampton Neighborhood Association and she is a good neighbor because she has partnered with the City of Hampton to insure that her community continues to be a great neighborhood.

Mr. Phil Egert, President of the Pasture Point Neighborhood Association, stated that Pasture Point is a great neighborhood and thanked the City for the Neighborhood Improvement Grant.

Ms. Jill Obeck, Elizabeth Lakes Estates, stated that because of the welcome committee, beautification projects and stewardship, Elizabeth Lakes Estates won Virginia’s Statewide Neighborhood of the Year.

Ms. Olive Johnson, Elizabeth Lakes Estates, stated that it is a great neighborhood because they took advantage of a swimming pool grant which keeps the neighborhoods from drowning in debt.

Mr. Moses Meadows, a resident of Farmington, stated that Farmington is a beautiful community of diverse people who are considerate about keeping neighborhood great. He stated that with the support of the Neighborhood Commission, a dedicated City staff and a Neighborhood Grant Program, they will continue to be a great neighborhood with such projects as the neighborhood picnic, youth block party, youth scholarship program, website and newsletter. Mr. Meadows stated that the youth won the Statewide Neighborhood Conference Youth Activity of the Year award in 2005.

Ms. Gloria Green, Wythe/Phoenix Improvement Association, stated that they are a great neighborhood because residents care about the community and are willing to work with the City of Hampton, to influence neighborhood improvements.

Ms. Katherine Fox, the Curriculum Coordinator for after-school programs in the City of Hampton, stated that she is a good neighbor because she helps serve over 1,500 students in the City. She stated that of those students 95% of the parents surveyed love the service and approximately 85% of the students have been successful on their SOLs.

Mr. Randy Holme, a student at Bethel High School, utilizes the services at the Career Café at Coliseum Mall. He stated that he learned about college applications and how to apply for financial aid.

Ms. Betty Bates stated that she is a good citizen because she participates in the District 7 Crime and Grime team. She said that she provides a citizen’s perspective as they observe code violations, look for safety concerns and also discuss ways to improve the neighborhood in the District.

Dr. Warthell Brown-Iles of the Tidemill-Machen Community Association stated that she is a good neighbor because she uses what she has

City of Hampton, VA Page 14 of 35 Printed on 10/14/2006 City Council Meeting Minutes

learned from the Neighborhood College to help reorganize her neighborhood.

Mr. Sam Martin, from Buckroe Beach, stated that his community has been a registered neighborhood since 2002, partnering with the Neighborhood Commission and the Neighborhood Office.

Mr. Rick Routten, from Fox Hill, stated that his neighborhood is great because of the funding of a matching grant from the Neighborhood Commission, his community was successful in implementing a neighborhood fair.

Ms. Lydia Arrington, Department of Social Services, stated that she is a good neighbor because she uses the Kenny Wallace Neighborhood Resource Center to help more than 1,600 senior and/or permanently and totally handicapped citizens receive real estate tax relief.

Ms. Deanna Sheppard from the Park Place Community Awareness Association stated that she is good neighbor because she attended the Virginia Statewide Conference and learned that the community can be diverse and up-scale with different incomes and lifestyles.

Ms. Sandra Pugh stated that she is helping to make neighborhoods great by becoming a preferred realtor by educating potential homeowners why Hampton is a smart investment.

Mr. Fred McKenna stated that he is a great neighbor because he chose to buy a new home in Hampton.

Ms. Starlyn Kelly stated that she is the housing relocation referral specialist at Langley Air Force Base. She stated that she is a good neighbor because she participated in the Sold on Hampton program.

Ms. Kiara Corbin stated that she is good neighbor because she wrote an essay about her neighborhood and she became one of the Neighborhood Month Essay winners.

Mr. Roosevelt Wilson, President of the Aberdeen Garden Historic and Civic Association, stated that he is proud to represent the community, District 10. He stated that Aberdeen Garden was recently featured in Parade Magazine and was awarded a $50,000 Restore America Grant by Home and Gardens Television.

Ms. Shellae Blackwell, from the Neighborhood Office, stated that the City is made up of great neighborhoods represented by a Neighborhood Commission of outstanding citizens. She stated that the City competed against four major cities and won the 2008 bid to host the National Neighborhoods USA Conference in the City of Hampton.

Mr. Will Moffett stated that he is a good neighbor. He said that Hampton is a leader across the Nation. He thanked the residents who shared with

City of Hampton, VA Page 15 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Council and Mr. Jack Hall, the outgoing chair of the Neighborhood Commission.

Mayor Kearney thanked the Neighborhood Commission for their report.

23.06-0558 Presentation on options for addressing Newmarket Creek flooding concerns

Mr. Ted Henifin made the following presentation to Council:

Flood Assistance Program Background

• Repetitive flooding of low lying properties has become an issue over the past 8 years in Hampton • Prior to Hurricane Floyd in 1999, last record of significant structural flooding was in 1972. • Recent changes in weather patterns have increased the frequency of structural flooding o Some properties have flooded 3 times in last 8 years

Mr. Henifin stated that Ernesto was predicted to have very little impact on Hampton and the Hampton Roads area. He stated that is was the 4th largest rainfall to be recorded since 1946. He said that it was the highest recorded in the City of Norfolk.

Flood Assistance Strategies – Short Term

• Newmarket Creek: Clear and snag debris from flow line and remove all debris and cut undergrowth within the floodway area where possible o Work has begun between Big Bethel Road and the City line • Check system to ensure no blockages

Flood Assistance Program Strategies – Near Term

• Develop program to provide assistance to homeowners for elevating structures above the base flood elevation or to purchase properties at fair market value (details to follow in this presentation) • Hire consultant to study Newmarket Creek and develop flood management alternatives • Form Citizen Committee to work with staff and consultant on Newmarket Creek Flood Assistance Program Strategies – Long Term

• Implement structural flood management improvements as identified by consultant and recommended by Citizen Committee.

City of Hampton, VA Page 16 of 35 Printed on 10/14/2006 City Council Meeting Minutes

• Continue maintenance efforts with regular “snagging and clearing” of creek. • Develop public education effort regarding personal responsibilities for natural disaster preparation and response.

Flood Assistance Program - Definitions

• Structural Flooding: Flooding of actual living space within a home. • Nuisance Flooding: Flooding of streets, yards, sheds and garages. o Creates inconveniences and damages personal belongings including vehicles o Does not impact ability to occupy home • Elevate: Raise a home such that the lowest structural member is above the base flood elevation • Market Value: Value of property as determined by an independent professional property appraiser.

Flood Assistance Program Basic Elements

• Voluntary Program: Only offered to willing participants, limited to owner occupied residential properties. • Application Process: Simple single page application required from interested property owners. o Applications due once each year during 60 day period advertised by City • Options: Applicants can apply for City to purchase property or for City to provide funding assistance for elevation of property above flood elevation.

Flood Assistance Program Criteria for Selection

• Home must have been constructed prior to 1975 • Home must be located within the 100 year floodplain • Finished floor elevation must be below 100 year base flood elevation. • Documentation of previous flood damage claims will be required.

Flood Assistance Program Selection Process

• Applications meeting the stated criteria will be evaluated by City staff and selection will be based on location of the property and the magnitude and frequency of structural flooding history. • Applications will be prioritized based on the flooding history, sorted by requested service (purchase or elevation) and selected in priority order as funding permits.

City of Hampton, VA Page 17 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Flood Assistance Program Disposition of Property

• Properties acquired by the City through this program may be: o Managed as HRHA housing with appropriate insurance requirements and notifications to renters o Elevated and resold o Demolished and redeveloped at appropriate finished floor elevations o Demolished and added to flood plain as additional wetlands/green space/flood way

Flood Assistance Program Staff Recommendation

• Move forward with initial application period advertised as November 1, 2006 through December 31, 2006. • Applications reviewed in January 2007 • FY 2008 funding level established during budget cycle based on preliminary review of applications. • Initial applicants notified in July 2007 based on approved budget and completion of application review and selection process.

Flood Assistance Program Required Actions

• Council will need to direct City Manager to move forward with locally funded program for Flood Assistance as outlined here. • Council will need to fund program as part of FY 2008 budget • Council will be asked at next meeting to appropriate funds for consultant study ($110 K)

Mayor Kearney asked the City Manager to discuss the outcome of the meeting with Joe Frank, Mayor of the City of Newport News and Randy Hildebrandt, City Manager of Newport News.

The City Manager stated that he and Mayor Kearney and the City Manager met with the City Manager and Mayor of Newport News regarding the flooding at Newmarket Creek. He said that they discussed the cleaning of the creek by the Hampton Public Works crew which was underway at that time. The City Manager asked if the City of Newport News would agree to clean the creek. He explained that a program has been set up where Newport News and Hampton Public Works Departments are communicating and coordinating their efforts to clean Newmarket Creek. The City Manager stated that the communication between the cities will be maintained in order to carry the program forward into the future.

Mayor Kearney stated that the cities would be working arm and arm to benefit each other.

City of Hampton, VA Page 18 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Councilman Washington asked what the time frame was regarding a committee working with the engineer. In response, Mr. Henifin stated that work would begin within the next 30 days to solicit people who are interested in serving on the committee. He stated that he hopes to have the committee up and running by the end of October.

Councilman Washington asked if the residents who were impacted by the flooding can apply for assistance. In response, Mr. Henifin stated that it is the near term solution. He said that the study will result in long term solutions. He explained that residents who have been flooded repetitively are looking for answers and they are trying to provide that through this option.

Councilman Washington asked if there was a remedy to prevent the tidal water coming back into the Creek. In response, Mr. Henifin stated that it is a difficult solution. He believes that a flood control structure can be built along the west Queen Street Corridor.

Councilman Spencer asked Mr. Henifin to explain the feasibility of widening Newmarket Creek. In response, Mr. Henifin stated that many requests are received to dig deeper and make Newmarket Creek wider. He explained that request would not solve the problem.

Councilman Spencer stated that he heard from some of the neighbors that the street is flooded and cars have to be moved into the yards. He said that the City is looking to increase the diameter of the pipe that carries the water off of the street into the Creek.

Councilman Washington asked if installing berms would be effective. In response, Mr. Henifin stated that it would be difficult from an engineering perspective to try and protect the entire length of Newmarket Creek with a levee that runs parallel to the Creek.

In response to Mayor Kearney, Mr. Henifin stated that other areas of the City are being addressed.

Councilman Spencer asked Chief Gray, Hampton Division of Fire and Rescue, to address the issue, especially the 911 calls that were sent to the Newport News facility. He asked if there was a protocol established to prevent this happening again. In response, Chief Gray stated that Hampton has been in contact with the 911 call center in Newport News. He explained that guidelines are in place for the dispatchers to handle those types of situations.

Chief Gray stated that on September 1, 2006, the 911 center was swamped with calls coming into both Hampton and Newport News. He said that there may have been some calls that were set aside, given the type of call the dispatcher was trying to handle at the time.

City of Hampton, VA Page 19 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Chief Gray said that the City has Reverse 911, but there are limitations in the capability of the City to notify all citizens in a very rapid period of time. He said that he would follow up on that and report back to Council.

Councilwoman Leary requested Mr. Henifin to come back to Council with a map showing the different elevations. In response, Mr. Henifin stated that the may does not display very well but he will provide Council with a hard copy.

Mayor Kearney thanked Mr. Henifin for the presentation.

Mr. R. C. Mallory stated that the ditches in Michael’s Woods and Farmington haven’t been cleaned since he can remember. He stated that he never had any problem with flooding until those areas were developed.

Mayor Kearney requested that the City Manager look into that matter.

Mayor Kearney stated that there is going to be a committee of engineers who will be hired by the City and neighbors who want to participate in the committee. He explained that he has received several names of people who would like to serve on the committee.

Mr. Roger Winston asked if Council was going to leave it up to the Committee to decide what to do. He asked what methods are being put in place to minimize the amount of water that comes into their area.

Mayor Kearney stated that it is a top priority with Council and the committee will be a group of citizens that will look at the results of the engineering firm. He said that the City of Hampton and the City of Newport News are working together to clean Newmarket Creek.

Mayor Kearney stated that everything that can be done is being done to assist the victims of the flooding at City Line.

PUBLIC HEARINGS

Rezonings - Second Reading

24. 06-0511 Rezoning Application No.1232 by Renee Riley and Nell Denby to rezone 4.6+/- acres roughly bounded by South 1st Street to the north, Seaboard Avenue to the east, Bay Shore Lane to the south, and Atlantic Avenue to the west from Multiple Residence (R-M) District and One-Family Residence (R-13) District to Multiple Dwelling (MD-2) District for multi- family residences.

HELD PUBLIC HEARING

APPROVED Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Vice Mayor Randall A. Gilliland

City of Hampton, VA Page 20 of 35 Printed on 10/14/2006 City Council Meeting Minutes

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

25. 06-0510 Rezoning Application No. 1233 by the City of Hampton to rezone ten parcels totaling 3.6+/- acres within the Park Place neighborhood from Light Manufacturing District (M-2) to One-Family Residence District (R-9).

The City Manager stated that this proposed action would bring the zoning of the Park Place neighborhood into conformance with the Greater Wythe Area Plan Phase II. He stated that the Planning staff recommend approval of Rezoning Application No. 1233, on second reading.

HELD PUBLIC HEARING

APPROVED Motion made by: Councilmember Angela Lee Leary Seconded by: Vice Mayor Randall A. Gilliland 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

26. 06-0509 Rezoning Application No.1223 by Platinum Homes, Corp. to rezone approximately 5 parcels totalling 2.81+/- acres at 701 Aberdeen Road from Neighborhood Commercial (C-1) District and Limited Commercial (C-2) District to Limited Commercial (C-2) District with conditions.

The City Manager stated that the applicant proposes using the site for townhouse style condominium units and the units will be for sale. He stated that the Planning Commission and Planning staff recommend approval of Rezoning Application No. 1223, with the following three proffered conditions:

1. The development of this property shall substantially conform with the following drawings: 1) Conceptual Site Plan prepared by Applicant and dated June 12, 2006; 2) Elevations prepared by Applicant and dated June 12, 2006; 3) Entry Landscaping and Fencing Plan prepared by Applicant and dated June 12, 2006. 2. Two color schemes shall be utilized with alternating schemes starting from Aberdeen Road toward the rear of the property. They shall feature earth tones and shall each be complimentary. 3. The only permitted uses shall be townhouses and multi-family dwellings.

City of Hampton, VA Page 21 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Mr. R. C. Mallory stated that he is concerned about the trash dumpsters on the property. He said that he has a major problem with the lack of available parking space. Mr. Mallory stated that he would like to see this item deferred to the next Council meeting.

Vice Mayor Gilliland stated that the applicant can build 51 units on the property and he is building 40 units.

Mr. Terry O'Neill, Director of Planning, stated that the units can be a mix of sizes as well as rental units.

Vice Mayor Gilliland asked what the City Code is regarding 51 units. In response, Mr. O'Neill stated that the applicant would have to provide one parking space for each one-bedroom unit and two parking spaces for each two-bedroom, or larger, unit. He stated it would be the required City Ordinance that, if the plan was submitted by right, the City would review the plan based on that requirement.

Vice Mayor Gilliland stated that the City has been in this position before where an applicant, by right, can develop something that is of lesser quality or density level and that is less desirable and would not have to come to Council for approval.

Mr. O'Neill stated that it the situation that the City is in concerning this property.

Vice Mayor Gilliland stated that the number of parking spaces was approximately 3.5 per unit. In response, Mr. Mike Hayes, City Planner stated that when parking spaces are figured by the zoning ordinance, the City does not count spaces within the garage. He explained that the applicant included the garage spaces. Mr. Hayes stated that the design meets the requirements of the zoning ordinance without including the garage spaces.

Vice Mayor Gilliland believes Mr. Mallory's concerns are concerns that should be raised. He said that also in consideration of the matter, relative to what could be done, which is higher density, less parking and more cars, he is hard pressed to let the applicant go and develop by right.

Mr. O'Neill stated that from staff’s perspective, that is clearly the foundation of their recommendation to approve the rezoning. He stated that given the alternative, this is better for the neighborhood and city. He stated that typically, relative to parking situations, ownership projects tend to have far less parking problems than rental projects. He believes this is because people have invested their money in those units and a homeowners association addresses problems.

HELD PUBLIC HEARING

APPROVED Motion made by: Councilmember Charles N. Sapp

City of Hampton, VA Page 22 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Seconded by: Councilmember Angela Lee Leary Aye: 4 - Randall A. Gilliland, Angela Lee Leary, Charles N. Sapp, Rhet Tignor Nay: 3 - Joseph H. Spencer, II, Paige V. Washington, Ross A. Kearney, II

27. 06-0505 Rezoning Application No.1224-C by the City of Hampton to rezone 15.92+/- acres (Part 1) in Buckroe from Multiple Residence (R-M) District to One Family Residence (R-9) District and 5.92+/- acres (Part 2) from R- M to Multiple Dwelling (MD-4) District.

Ms. Virginia Lyeth, 126 Wilderness Road, stated that she is also a property owner in the Buckroe area of Hampton. She stated that she is concerned about the down zoning of Herbert Avenue and adjacent properties. She stated that she was surprised at the time frame and speed at which the proposal had taken place. She stated that this came to the property owners in June, followed by planning sessions during the summer. She stated that she was unable to attend the sessions, she stated that she emailed and telephoned her comments expressing her displeasure. She stated that other people attended the meetings and voiced their disagreements however she doesn’t believe that these voices were made public at the Council meetings.

Ms. Lyeth stated that she was surprised that a Council that has seemed to hear the voice of the people would vote for a measure which only deprives the current property owners of their just profits. She said that the proposed zoning requires lot frontage of 60 feet. She stated that from 202 Herbert Avenue to 232 Herbert Avenue there are only 2 properties having more than 40 feet of road frontage. She stated that the remainder are 35 to 40 feet each. She stated that the two exceptions were one being 15 feet and one being 33 feet. She stated that most investors and legal resources will agree that down zoning is considered a form of eminent domain, especially when the city has been purchasing adjacent properties on the same street.

Ms. Lyeth stated that the proposals for the surrounding parcels are for mutli-family condo, townhomes, and/or condos and attached single family. She stated that the proposal zoning map includes existing condos and apartments. She stated that this down zoning has caused potential investors and developers to shy away from the area because the down zoning does not fit the requirements that would work for the development as proposed by the Buckroe Master Plan. She stated that she was told by city employees that if a developer was interested in the area, they would work with them on increasing the density. She suggested that the City leave well enough alone if the current zoning is already sufficient.

Ms. Lyeth asked how many tax dollars have been wasted on a proposal that isn’t necessary unless the City is moving forward to purchase the properties at a reduced rate, based on the new proposed zoning. She stated that if the City intends to move forward with the purchase of the properties in this corridor, the down zoning is nothing short of stealing

City of Hampton, VA Page 23 of 35 Printed on 10/14/2006 City Council Meeting Minutes

from the citizens who own the properties. Ms. Lyeth stated that she was assured by the City that Council does not intend to exercise any form of eminent domain in the Buckroe Master Plan. She said that a vote for this measure is the same thing. She stated that she believes that there have been legal ramifications that have been overlooked. She asked when it will end and who will be next. She stated that many people have supported Council and the Buckroe revitalization efforts for many years. She said they are excited about the Buckroe Master Plan and frustrated that it is being thwarted by a select few who do not seem to be able to tap into the vision. Ms. Lyeth stated that she looks forward to the plan moving forward, but she doesn’t believe that down zoning was a measure that was listed in the initial plan. She said it is negatively impacting those who have stayed and invested in the area in the hope of it coming to fruition. Ms. Lyeth respectfully requested that Council vote against this form of eminent domain and down zoning.

Mayor Kearney stated that his email was down and he apologized for not responding to Ms. Lyeth’s email.

Mr. Michael Hayes, City Planner, stated that this rezoning is not eminent domain by any means. He stated that the RM district is being eliminated which is what facilitated this rezoning.

Mayor Kearney asked Mr. Hayes to explain what RM means. In response, Mr. Hayes explained that RM is a multi-residence district. He said it is primarily a zoning district for multi-family housing, apartments. He said that there were very few qualitative aspects to the zoning district. Mr. Hayes said that the Buckroe Master Plan involves the quality of a project which includes the way in which something is developed.

Mr. Hayes explained that with this zoning in place, there is no control for the type of development. He said that if the zoning district was to remain, it would not help accomplish what is laid out in the Buckroe Master Plan.

Mr. Hayes stated that the area is mostly a single-family district and the lost are typical old town lots. He said that the R-9 district is currently the smallest lot size district in the City.

Mayor Kearney asked Mr. Hayes about the lady who owns the property on Herbert Street. He asked if someone owned the house and wanted to repair or remodel it, he asked if there would be limitations with the new zoning. In response, Mr. Hayes stated that this zoning district would allow repairs. He said that it is designed for single-family homes. Councilwoman Leary stated that Ms. Lyeth has something in writing that is different. In response, Ms. Lyeth stated that she disagrees with the eminent domain and down zoning because there are many articles indicating that they are “sisters” to eminent domain. She said that the City has purchased property in that block.

Mayor Kearney stated that he wanted to discuss Ms. Lyeth’s property. He asked Ms. Lyeth if she believed that the City was down zoning her

City of Hampton, VA Page 24 of 35 Printed on 10/14/2006 City Council Meeting Minutes

property. In response, Ms. Lyeth said that was exactly right. She said that most of the properties are only 30 to 40 feet wide. She stated that it is her understanding that these properties have to meet certain guidelines under R-9 which grossly limits them. She said that a person selling their lot to investors who are going to invest in the Buckroe area, can essentially buy into that area and those people would receive premium values for their properties even though they are 30 feet wide. She explained that because it is part of an RM zoning, it leaves a much higher profitability. She said that if the properties are destroyed, they have to meet new guidelines.

Mayor Kearney stated that it is important and asked for clarification.

Mr. Terry O’Neill, Director of Planning, stated that in a scenario where any of the single-family homes that are existing on the narrower lots were destroyed, essentially they are in better shape if they are zoned R-9 because single-family homes are legal permitted uses in that zoning. He explained that under RM, single-family is not a permitted use in those zones and they are non-conforming single-family homes. He further explained that this zoning actually allows them to replace what they have now. He said the way the mechanism works, is because the lots are pre- existing lots, their dimensions are grandfathered and they are allowed to build their homes to whatever size standards they wish as long as they meet normal set back from the neighbors. He said that the narrow lots exist all over the city and a home can be rebuilt or expand as long as the city standards are met in terms of building codes and set backs, etc.

Mayor Kearney asked Ms. Lyeth if Mr. O’Neill answered her questions. In response, Ms. Lyeth stated that the issue that is being avoided is the fact that she cannot sell her lot as a multi-family lot. She said that all these families can only sell as R-9 and anyone in the open market would know that something that is zoned multi-family is worth more than something that is zoned residential. She said that there is an entire block that is zoned RM and many who invested in that area.

Mayor Kearney stated that some have invested in the area and have done a very nice job, like you, and other have come in an invested and have created a bee-hive of crime and grime.

Ms. Lyeth agreed with Mayor Kearney. She stated that if the zoning remains as multi-family then the investors will come much faster.

Mr. O’Neill stated that he did not disagree with the discussion concerning potential value of property. He said that the question before the City, which is a result of discussions that have come out of the neighborhood planning process, the bulk of the land is currently zoned RM which is a zoning classification that essentially allows a lot of things in an uncontrolled way. He said that it doesn’t limit anything in terms of renter ownership. He said the sentiment of the community is to put the property into a zoning classification which reflects the current use of the property. He said that anyone wanting to make a case for a different kind of zoning

City of Hampton, VA Page 25 of 35 Printed on 10/14/2006 City Council Meeting Minutes

has to come before Council to determine if it is consistent with the community’s vision for developing the property.

Mr. O’Neill stated that this is the typical confrontation between an individual’s desire to want to maximize the value in their property versus the overall public vision and good as represented in adopted plans.

Councilman Tignor stated that he believes Ms. Lyeth makes a point. He said that if the City needs the land to be R-9, then the City needs to purchase it. He is not saying the City is going to purchase it, but he said that he is not willing to devalue her property just as if he did it through eminent domain. He said that through eminent domain the owner would get to go before a circuit court judge to determine the value. He said that without giving the owner the opportunity to determine how much value is being lost, and compensating her, the City is going to devalue her land. He stated that Ms. Lyeth purchased the land before the community had a plan and she made an investment. He asked Mr. O’Neill to explain it to him. In response, Mr. O’Neill stated that there are two critical points that he believes Council will consider. First, there is no implied guarantee of value in land that it purchased as an individual in perpetuity. He said that there is an inherent risk in purchasing land because there is no guarantee that the value, whether it is reflected in zoning or anything else, is perpetually guaranteed.

Councilman Tignor stated that one of the functions of zoning, is so an owner may reasonably buy a piece of property and expect that current zoning and the zoning in its immediate area will reflect the value of the property. He said that is why property is zoned, so that it will have a stated value. He said that zoning was put into place to provide some reliability to citizens.

Mr. O’Neill stated that he agreed with Councilman Tignor. He stated that zoning also has multiple reasons. He said that zoning is also a tool granted to localities to implement community plans and those decisions regarding the broad vision of where neighborhoods and communities want to go are reflected in the community plans that Council adopts. He said that there is an obligation as staff to bring before Council, using the tools they have available, to implement that plan that has been adopted. He said that this is what staff is doing and how they arrive at the community vision that Council has adopted. He said that zoning is changed on single pieces of property and in a comprehensive manner as conditions change to implement the community’s vision.

Vice Mayor Gilliland stated that zoning laws were not developed to set land values. He said that they were developed so that communities could manage land use and the development of their communities and control it in a way that reflected the goals and visions of the community. He believes that this is similar to the Aberdeen Road project in that what staff is trying to do, and left at RM, folks can do things by right that are completely unlike anything in the Master Plan. He asked how many

City of Hampton, VA Page 26 of 35 Printed on 10/14/2006 City Council Meeting Minutes

multiple dwelling units can be put on a 30 foot lot. In response, Mr. O’Neill stated that they only have to be 500 square feet in size.

Vice Mayor Gilliland stated that the point is, for that individual land owner that may represent a higher value when taken in the context of each 30 foot lot and a developer can build things that are out of character with the Master Plan. He said that the real mission of this, as pleasant or unpleasant as it may be for anyone, is to control what is developed so that it is in a quality manner that reflects the elements of the Master Plan. He asked if that is what is trying to be achieved by doing the zoning. In response, Mr. O’Neill said that was correct.

Vice Mayor Gilliland said that the purpose is not to turn each of these into R-9 lots that are never assembled and never developed as the Master Plan envisions, because going through the Master Plan process was just a way to spend a lot of money and never actually develop it that way.

Vice Mayor Gilliland agreed with the argument that an RM zoning implies a higher value than an R-9 zoning. He stated that he also knows that developers are smart enough to recognize that R-9 zoning of individual properties, the price offered to the property will be subject to rezoning it to something that will reflect densities that fit with the Master Plan and the quality of development.

Mr. O’Neill stated that Council knows that taking action like this does not discourage the good developers, but does discourage the bad developers.

Vice Mayor Gilliland stated that the individual property owners are going to get a value and a price that reflects the rezoning that the developer brings to the City at that time for a broader development fitting with the Master Plan.

Mayor Kearney stated that he understands what Ms. Lyeth is stating and he appreciates her view. He said that he is looking at the big picture. He said that he doesn’t believe that she will get “stung” in any way by the change in zoning. He said that he is going to support the motion because he believes the City has to look at this matter as a whole unit because the crime and grime has taken the whole area.

Ms. Lyeth stated that her office is on the corner of Buckroe and she is heavily involved in the Buckroe Redevelopment area. She said that the only thing that concerns her is that Council is setting a precedent because many of the properties that are being down zoned have already been purchased at a premium. She stated that she has been fighting crime in the Buckroe area. She said that one of her properties was totally destroyed by crime and grime. HELD PUBLIC HEARING

MOVED TO approve Rezoning application #1224-C with the exclusion of the properties which were covered in agenda number 23 (Rezoning

City of Hampton, VA Page 27 of 35 Printed on 10/14/2006 City Council Meeting Minutes

application #1232) as follow: 186 and 190 Atlantic Avenue, 706 and 710 Bay Shore Lane, and LRSN numbers 12006640, 12006641, 12006642, 12006643, 12006644, 12006645, 12006646, 12006651, 12006652, 12006653, 12006654, 12006656, 12006657, and 12006659.

Motion made by: Councilmember Charles N. Sapp Seconded by: Vice Mayor Randall A. Gilliland Aye: 4 - Randall A. Gilliland, Charles N. Sapp, Joseph H. Spencer, II, Ross A. Kearney, II Nay: 3 - Angela Lee Leary, Rhet Tignor, Paige V. Washington

Resolutions - First Reading

28. 06-0546 Resolution Authorizing the Donation of Approximately 3.0395 Acres of Real Property at 8110 Orcutt Avenue to the Hampton Roads Chapter of the American National Red Cross and the Execution and Delivery of the Development Agreement between the City and the American National Red Cross.

WHEREAS, the City of Hampton (the “City”) is the owner of a certain parcel of real property containing approximately 3.0395 acres, located at 8110 Orcutt Avenue (the “Property”) in the City of Hampton, Virginia; WHEREAS, the Hampton Roads Chapter of the American National Red Cross (the “Red Cross”) has outgrown its current site located at 4915 W. Mercury Boulevard and situated in front of the Property, and has approached City staff about acquiring the Property as a location for construction of a new Chapter house; WHEREAS, City staff has determined that the Property would not support higher value housing due to its location and configuration and other commercial uses would lack visibility from Mercury Boulevard and may not be compatible with the residential character of the adjacent neighborhood; WHEREAS, City Council is of the opinion that the Property is in excess of the needs of the City and it is expedient and in the best interests of the City to donate the Property to the Red Cross in that (1) it removes an excess parcel of real estate from the City's inventory; (2) it is a significant demonstration of support for a not for profit organization that provides valuable services to its citizens; (3) it allows commercial development on the highly visible corner of Orcutt Avenue and Mercury Boulevard which will generate some tax revenue where none is generated today; and (4) institutional use is the highest and best use for the Property based on the surrounding land uses; WHEREAS, the Council is authorized under Virginia Code §15.2-953 to donate the Property to the Red Cross; and WHEREAS, the Council has determined that the terms and conditions of the Development Agreement are acceptable. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows: 1. That it approves the donation of the Property to the Red Cross and, accordingly, the City Manager or his authorized Designee is hereby authorized to execute and deliver to the Red Cross any and all necessary legal documents to effectuate the transfer of title to the Property; such documents shall include, but not be limited to, contracts, deeds, easements, and releases for sale and transfer, and conveyance of the Property described above, and shall be in a form that shall substantially comply with the terms of this resolution with such completions, omissions,

City of Hampton, VA Page 28 of 35 Printed on 10/14/2006 City Council Meeting Minutes insertions and changes that may be approved by the Officer executing said documents; that the Officer’s execution of such documents shall constitute conclusive evidence of the Officer’s approval of such completion, omission, insertion and change; and 2. That it approves the terms of the Development Agreement and, accordingly, the City Manager or his Authorized Designee is hereby authorized to execute and deliver to the Red Cross the Development Agreement in substantially the form attached hereto.

HELD PUBLIC HEARING

DEFERRED (10/11/2006) Motion made by: Councilmember Rhet Tignor 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

29. 06-0547 Resolution Authorizing the Transfer of 3.7 Acres of Real Property at Armistead Pointe to the Industrial Development Authority, and the Execution of the Development Agreement, Ground Lease, Cooperation Agreement and Use Agreement for the Boo Williams Amateur Sports Facility on Armistead Pointe.

WHEREAS, the Council of the City of Hampton (the “Council”) has set as a priority the development of a 3.7 acre portion of the a 90- acre parcel of City-owned land located at the intersection of North Armistead Avenue and Hampton Roads Center Parkway, and more commonly known as Armistead Pointe (the “Property”) for the construction of a 130,000 square foot indoor sports facility (the “Facility”), which shall also include a state-of-the-art indoor track that shall be made available for limited use by the citizens of Hampton and Hampton City Schools pursuant to a “Use Agreement” between the City and Boo Williams Sportsplex, LLC (“Boo Williams”) whose managing member is Marcellus “Boo” Williams ;

WHEREAS, the Council proposes to accomplish its priorities with respect to the development of the Property through transfer of title to the Property to the Industrial Development Authority of the City of Hampton, Virginia (the “Authority”) and entering into a “Development Agreement” with Boo Williams for the construction of the Facility;

WHEREAS, the Facility shall be operated under a long-term “Ground Lease” between the Authority and Boo Williams as authorized under Virginia Code §§15.2-4917 and 15.2-4905, respectively;

WHEREAS, by duly adopted resolution dated September 19, 2006, the Authority approved the terms and conditions of the Development Agreement, the Ground Lease, and the “Cooperation Agreement” subject to Council approval and with the understanding that the Council would financially participate in the development of the Property and the construction and operation of the Facility by entering into the Cooperation Agreement to meet the obligations of the Authority under the Development Agreement and the Ground Lease, subject to appropriation;

City of Hampton, VA Page 29 of 35 Printed on 10/14/2006 City Council Meeting Minutes

WHEREAS, the Council is willing to financially participate in the development of the Property and the construction and operation of the Facility by entering into the Cooperation Agreement to meet the obligations of the Authority under the Development Agreement and the Ground Lease, subject to appropriation;

WHEREAS, the Council finds that the development of such a Facility on the Property (i) will further the economic development of City of Hampton and the Council’s priorities in the direct and indirect economic benefits provided, (ii) will increase tax revenues, (iii) will enhance the image of Hampton as an “Amateur Sports Mecca”, and (iv) is in the best interests of its citizens; and

WHEREAS, the Council finds that the terms and conditions of the Development Agreement, the Ground Lease, the Cooperation Agreement and the Use Agreement are acceptable.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows: 1. That it approves the Transfer of the Property to the Industrial Development Authority of the City of Hampton, Virginia and, accordingly, the City Manager or his authorized Designee is hereby authorized to execute and deliver to the Authority any and all necessary legal documents to effectuate the transfer of title to the Property; such documents shall include, but not be limited to, contracts, deeds, easements, and releases for sale and transfer, and conveyance of the Property described above, and shall be in a form that shall substantially comply with the terms of this resolution with such completions, omissions, insertions and changes that may be approved by the Officer executing said documents; that the Officer’s execution of such documents shall constitute conclusive evidence of the Officer’s approval of such completion, omission, insertion and change; and 2. That it approves the terms of the Development Agreement, the Ground Lease, the Cooperation Agreement and the Use Agreement and, accordingly, the City Manager or his Authorized Designee is hereby authorized to execute and deliver the aforesaid documents to the appropriate parties in substantially the form attached hereto.

The City Manager stated that Council was briefed on this matter on September 13, 2006. He stated that the item involves the development of 3.7 acres of land at Armistead Pointe for the indoor sports facility.

Ms. Vanessa Valldejuli, Deputy City Attorney, Economic Development, stated that this is solely a public hearing on transferring the 3.7 acres of property to the Industrial Development Authority (IDA). She said that it does not involve the resolution.

Councilman Tignor asked if Council was informed that there was no approval. In response, Ms. Valldejuli stated that it is a public hearing solely on the transferring the property to the IDA. She explained that once the public hearing is closed, Council can take up the vote on the resolution, which is to transfer property and to approve the document.

HELD PUBLIC HEARING

ADOPTED

City of Hampton, VA Page 30 of 35 Printed on 10/14/2006 City Council Meeting Minutes

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

30. 06-0544 Resolution to Authorize the Execution of a Temporary Easement Agreement Granting Two Temporary Easements to Sandler at Coliseum Central, LLC on a portion of Newmarket Creek at Air Power Park

WHEREAS, the City of Hampton (“City”) conveyed approximately 25.38 acres of land in the Crossroads area at Coliseum Central to the Hampton Redevelopment and Housing Authority (“HRHA”) for the development by Sandler at Coliseum Central L.L.C. (“Sandler”) of what is now known as the H2O Residential Project; WHEREAS, the HRHA subsequently entered into a Development Agreement dated February 25, 2005 with Sandler for the development of the H2O Residential Project; WHEREAS, in order to effectively utilize the H2O Residential Project site, Sandler, requested permission from the appropriate governmental authorities to fill a drainage ditch that bisects the H2O property and accordingly, filed a Joint Permit Application (“JPA”) with the Virginia Marine Resource Commission (“VMRC”), the Army Corp of Engineers (“USACE”), and the Hampton Wetlands Board (“Wetlands Board”) for the fill of the drainage ditch; WHEREAS, VMRC requires that filled wetlands be replaced (mitigated) either on site or within the watershed of the area being disturbed, if no area is available on site; WHEREAS, a 35,579.184 square foot portion (“Wetlands Mitigation Area”) of an 11.185 acres City-owned parcel of land along the water’s edge at Newmarket Creek at the rear of Air Power Park (the “Property”) was selected as the most suitable site; WHEREAS, Sandler’s proposal to create a wetlands mitigation site upon the Wetlands Mitigation Area necessitates the City’s grant of two 5 year easements which consist of (i) a " Temporary Wetlands Mitigation Easement", which will permit Sandler’s construction, creation, enhancement and maintenance of the wetlands as required under the permits issued by the Wetlands Board and the USACE, and (ii) a “Temporary 20’ Access Easement”, which will grant Sandler ingress and egress over a specified portion of the Property to the Wetlands Mitigation Area.; WHEREAS, the City Council has determined that (i) the location of the Wetlands Mitigation Area will not impose any negative impact to future development proposals at Air Power Park or to the proposed improvements included as part of the draft Newmarket Creek Park Plan, (ii) the mitigation project will clean up debris, remove invasive plant species, and create better visibility of Newmarket Creek from Air Power Park, and (iii) the grant of the two temporary easements as aforesaid is essential to the development of the H2O Residential Project to which the City Council has committed its support; and WHEREAS, the City finds the terms and conditions of the Easement Agreement attached hereto to be acceptable. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, that it approves the terms of the Temporary Easement Agreement attached hereto and, accordingly, the City Manager or his Authorized Designee is hereby authorized to execute and deliver to Sandler the Temporary Easement Agreement in substantially the form attached hereto.

City of Hampton, VA Page 31 of 35 Printed on 10/14/2006 City Council Meeting Minutes

The City Manager stated that Council was briefed on this matter at the September 13, 2006, Council meeting. He said that in order to effectively utilize the H20 residential project site, the developer, Sandler, at Coliseum Central, LLC requested permission to fill a drainage ditch that bisects the H20 property.

HELD PUBLIC HEARING

ADOPTED Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Councilmember Angela Lee Leary 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

31. 06-0528 Proposed VDOT Transportation Enhancement Project - Newmarket Creek Park and Trail/Pine Chapel road Segment, Engineering Services #07-029.

The City Manager stated that Council is being asked to approve a resolution that will allow staff to apply for funding for the Newmarket Creek Park and Trail/Pine Chapel Road Segment from the Transportation Enhancement program.

HELD PUBLIC HEARING

APPROVED Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Vice Mayor Randall A. Gilliland 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

32. 06-0540 Public Hearing to review Community Development Block Grant (CDBG) and HOME Program performance and to obtain the views of citizens on housing and community development needs in the City of Hampton

The City Manager stated that Department of Housing and Urban Development requires entitlement communities to conduct a public hearing to review program performance and to obtain t he views of citizens on housing and community development needs.

HELD PUBLIC HEARING

APPROVED Motion made by: Councilmember Paige V. Washington Seconded by: Councilmember Angela Lee Leary

City of Hampton, VA Page 32 of 35 Printed on 10/14/2006 City Council Meeting Minutes

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

General Items

Ordinances

33. 06-0495 Ordinance to Amend the Code of the City of Hampton, Chapter 37, Article II, Division 6, entitled "EXEMPTION OR DEFERRAL FOR ELDERLY AND DISABLED PERSONS" by Amending and Re-enacting Section 37- 123. Amount of Exemption.

The City Manager stated that in May and June 2006, Council amended and re-enacted a number of sections within Division 6 of Chapter 27, Article II of the Hampton City Code. He stated that the presentation deals with those changes.

The City Attorney stated that this is an amendment that clarifies the standards on which citizens are eligible for certain levels of exemptions.

Mayor Kearney stated that the only limits are those that are imposed by the State General Assembly.

The City Attorney agreed with Mayor Kearney.

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

Appointments

34. 06-0484 consider an appointment to the Social Services Local Advisory Board.

APPOINTED Woodrow Anthony Roeback to a term to expire on August 31, 2010. Motion made by: Councilmember Rhet Tignor 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

35. 06-0531 consider appointments to the Neighborhood Commission.

APPOINTED Alice Callahan to fill the remainder of Amy Hobb's term as District 6 Neighborhood Commissioner (10/01/2006 - 9/30/2007); Hirang

City of Hampton, VA Page 33 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Patel to a four year term as an Institutional Representative - Business(10/01/2006 - 9/30/2010); Edward Novi to a two year term as a City Representative (10/01/2006 - 9/30/2008); Crystal Harper to a two year term as a Youth Representative (10/01/2006 - 9/30/2008); and Kiara Joseph-Majors to a one year term as a City Representative (10/01/2006 - 9/30/2007).

Motion made by: Councilmember Rhet Tignor 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

36. 06-0535 consider an appointment to Hampton Parks and Recreation Advisory Board

APPOINTED Michael Bock to fill a youth seat on the Board which was vacated by Tom Mitchell, Jr.

Motion made by: Councilmember Rhet Tignor 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

Miscellaneous New Business

Mayor Kearney announced that the City Council voted to renew the contract formally with the City Manager for another year, going back to July 1, 2006. He said that the increase was at a 4% rate which came to $6,950. He said that there was also an addition to the car allowance. Mayor Kearney explained that last year the car allowance was cut last year, then gas prices went up. He said that the additional money, he believes was an additional thousand dollars, for this year, and other was the additional thousand dollars for the deferred income for his retirement.

Mayor Kearney congratulated Mr. Wallace.

Councilwoman Leary wished Mr. Frank J. Ottofaro the best and wished him a good night.

Ms. Sandra Canepa, 3 Markham Drive, stated that Mr. Ottofaro had been in the hospital for 12 days.

Mayor Kearney said that they have been keeping in touch with Mr. Ottofaro. He said that Mr. Ottofaro was missed and that if he was watching the Council meeting, he wanted to let him know that he knows the City took his property and that he is really mad at the City.

City of Hampton, VA Page 34 of 35 Printed on 10/14/2006 City Council Meeting Minutes

Mayor Kearney stated that the Clerk of Council was also given a very high standard in her evaluation and received an additional 4% raise. He thanked the Clerk of Council for her work.

Adjournment

______Ross A. Kearney, II Mayor

______Katherine K. Glass Clerk of Council

Date approved by Council ______

City of Hampton, VA Page 35 of 35 Printed on 10/14/2006