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, December 13, 2006 7:30 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 - Paige V. Washington, Jr. PLEDGE OF ALLEGIANCE TO FLAG MAYOR'S COMMENTS Mayor Kearney deviated from the published agenda and the following items were heard in the following order. • Item #17, Awards for the Holly Days Parade first, followed by • Item #42, Presentation to the Food Bank. • Item #18, Parking Signs. • Item #19, Rental Inspection, • Item #20, Dredging Program. • Item #27, Fishing Pier. Mayor Kearney stated that later in the evening Council and the City Manager will be extending Holiday Greetings, although the meeting may continue past midnight! Mayor Kearney thanked Dr. Kevin Steel and the Downtown Hampton Development Partnership (DVDP); Mr. Jim Wilson, newly appointed Director of Parks and Recreation; Mr. Todd C. Bridgford, Executive Director and CEO, Virginia Air and Space Center, and in particular, Ms. City of Hampton, VA Page 1 of 58 Printed on 1/12/2007 City Council Meeting Minutes Cyndi Masterstaff, Recreation Programs Coordinator, for Parks and Recreation, for the events of the last three weekends: 1. The Lighted Boat Parade, and all those boaters who participated (including the Grinch, & Elvis). 2. The Hampton Tree Lighting and festivities in Carousel Park with music, big band, children’s vendors & activities, ice skating in the Peninsula’s only outdoor ice skating rink, carriage rides and train rides through downtown, attracting well over 10,000 people! 3. The Ninth Downtown Holiday Parade with our four High School Bands, numerous floats, The Wave morning celebrities, civic groups, scouts, Volunteer and Career FD, and much more. Thank you Parks and Recreation and Ms. Masterstaff for a job well done. WVEC-TV covered the parade live and for the 3rd year was the #1 televised show for its time slot! Mayor Kearney extended warm congratulations to the Phoebus High School Football team for winning the State Championship. He stated that this is the third time in six years, and the second consecutive win for a Hampton City team winning the State title. He congratulated Phantom Coach Mr. Bill Dee, the Phantom Band Mr. Jim Stanley, and the Phantom Cheerleaders, faculty and of course the students! He said that Council was very proud of their accomplishments! CONSENT AGENDA Consent Items - First Reading 1. 06-0718 AN ORDINANCE TO AMEND CHAPTER 22 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "NOISE." MOVED TO waive the second reading of the ordinances on consent agenda items 1 through 4. Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Vice Mayor Randall A. Gilliland 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 MOVED TO adopt consent agenda items 1 through 4 on first and final reading. Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Joseph H. Spencer, II 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 City of Hampton, VA Page 2 of 58 Printed on 1/12/2007 City Council Meeting Minutes 2. 06-0719 AN ORDINANCE TO AMEND CHAPTER 23 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "OBSCENITY." MOVED TO waive the second reading of the ordinances on consent agenda items 1 through 4. Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Vice Mayor Randall A. Gilliland 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 MOVED TO adopt consent agenda items 1 through 4 on first and final reading. Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Joseph H. Spencer, II 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 3. 06-0720 AN ORDINANCE TO AMEND CHAPTER 25 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "PARADES." MOVED TO waive the second reading of the ordinances on consent agenda items 1 through 4. Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Vice Mayor Randall A. Gilliland 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 MOVED TO adopt consent agenda items 1 through 4 on first and final reading. Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Joseph H. Spencer, II 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 City of Hampton, VA Page 3 of 58 Printed on 1/12/2007 City Council Meeting Minutes 4. 06-0721 AN ORDINANCE TO AMEND CHAPTER 26 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED "PARKS AND RECREATION." MOVED TO waive the second reading of the ordinances on consent agenda items 1 through 4. Motion made by: Councilmember Joseph H. Spencer, II Seconded by: Vice Mayor Randall A. Gilliland 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 MOVED TO adopt consent agenda items 1 through 4 on first and final reading. Motion made by: Vice Mayor Randall A. Gilliland Seconded by: Councilmember Joseph H. Spencer, II 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 5. 06-0702 VDOT Revenue Sharing Program – Application for up to $1 Million of VDOT Funding RESOLUTION REQUESTING UP TO $1 MILLION FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION’S FY07 REVENUE SHARING PROGRAM FOR VARIOUS ROADWAY IMPROVEMENT PROJECTS IN THE CITY OF HAMPTON WHEREAS, the City of Hampton desires to submit an application for an allocation of funds up to $1 million through the Virginia Department of Transportation’s fiscal year 2007 Revenue Sharing Program; and WHEREAS, the City of Hampton has identified a number of potentially qualifying projects for VDOT’s consideration for funding under this program; and WHEREAS, the City of Hampton commits funding for these projects in excess of any VDOT revenue sharing funds received. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton, Virginia hereby authorizes the City Manager to submit the following projects for consideration by VDOT of funding up to $1 million through the Revenue Sharing Program: City of Hampton, VA Page 4 of 58 Printed on 1/12/2007 City Council Meeting Minutes Estimated Project Cost Hampton Roads Center Parkway/”Gateway” auxiliary lane $400,000 Freeman Drive Realignment $600,000 LaSalle Avenue/Kecoughtan Road Intersection Improvement $500,000 Pembroke Avenue/Mallory Drive Intersection Improvement $300,000 Resort Boulevard Extension $800,000 Total $2,600,000 BE IT FURTHER RESOLVED that the City Council hereby grants authority for the City Manager to execute project administration agreements for any approved revenue sharing projects. ADOPTED - consent agenda items 5 through 14. Motion made by: Councilmember Joseph H. Spencer, II 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 6. 06-0733 Approval and appropriation of donations made to the Hampton Division of Fire and Rescue. RESOLUTION ACCEPTING DONATIONS MADE TO THE HAMPTON DIVISION OF FIRE AND RESCUE FROM WAYNE & JACQUELIN SPEAS ($1,000), WAL-MART FOUNDATION ($3,000) AND HAMPTON CHEVROLET ($2,500) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA that the donations totaling $6,500 be accepted and appropriated to the Hampton Division of Fire and Rescue from the undesignated fund balance to be used for fire station needs, supplies and equipment. ADOPTED - consent agenda items 5 through 14. Motion made by: Councilmember Joseph H. Spencer, II 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 City of Hampton, VA Page 5 of 58 Printed on 1/12/2007 City Council Meeting Minutes CONSENT ITEMS - Other 7. 06-0685 Hampton Adult Drug Treatment Court Grant A RESOLUTION APPROVING THE CITY OF HAMPTON, VIRGINIA’S PARTICIPATION AND APPROPRIATION OF THE 2006-2007 HAMPTON ADULT DRUG TREATMENT COURT GRANT PROGRAM FUNDING PROGRAM THROUGH THE HAMPTON-NEWPORT NEWS COMMUNITY SERVICES BOARD FROM THE SUPREME COURT OF VIRGINIA WHEREAS, the Supreme Court of Virginia has awarded the Hampton Adult Drug Treatment Court Grant to the City of Hampton on behalf of the Hampton-Newport News Community Services Board for the reimbursement of meeting the requirements of the grant in the amount of $232,000 in Federal and State funds; and, WHEREAS, the grant award covers the