NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, DECEMBER 2, 20032:30 P.M.

 

Prayer offered by Vice Mayor Daun S. Hester, followed by the Pledge of Allegiance.

                            

                                      President Fraim moved to dispense with the reading of the minutes of the previous meeting.

 

Motion adopted.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

                   No:    None.

 

CERTIFICATION OF CLOSED MEETING

 

                   A Resolution entitled, "A Resolution certifying a closed meeting of the Council of the City of Norfolk in accordance with the provisions of the Virginia Freedom of Information Act," was introduced in writing and read by its title.

 

The Resolution as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

 

No:    None.

 

CEREMONIAL MATTER

 

                   Sharon McDonald, Commissioner of the Revenue, was recognized for completing all requirements to become a master commissioner of the revenue in the Commonwealth of Virginia.   Ross Mugler, Commissioner from Hampton, made the presentation.

 

 

 

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on charter amendments on Sections 2, 12, 60, 63, 64, and 114 of the Code of the City of Norfolk.

 

                   The following persons spoke in opposition to the charter amendments on removing subordinate chiefs of police from the classified ranks of the compensation plan:  William O. Carrow, Jr., 112 Downey Drive, Chesapeake; Chuck Brewer, 222 Beck Street; Roger Hungerford, 707 Pinebluff Court, Chesapeake, Thomas R. Hall, 99452 Atwood Avenue; John Roger, 1313 Oak Park Avenue.  Eloise La Beau spoke about promotion of the police chief from within the department.

 

Thereupon, a Resolution entitled, “A Resolution expressing the support of the City Council for a proposed charter amendment to authorize establishing of design overlay districts pursuant to the City’s Zoning Authority,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective December 2, 2003.

                  

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

PH-1A                            Thereupon, a Resolution entitled, “A Resolution expressing the support of the City Council for a proposed charter amendment to authorize council to establish times for convening organizational meetings following municipal elections,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective December 2, 2003.

                  

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

 

 

 

 

 

 

 

 

PH-1B                            Thereupon, a Resolution entitled, “A Resolution expressing the support of the City Council for a proposed charter amendment to make subordinate chiefs of police and employees who report directly to and whose positions require the personal trust and confidence of the City Manager members of the unclassified service,” was introduced in writing and read by its title.

 

Councilman Wright offered an amendment to the proposed language that would require at least four positions remain unclassified but are filled from within the department.

 

ACTION:   The amendment as offered by Councilman Wright failed. 

 

                   Yes:   Riddick, Winn, and Wright.

                  

                   No:    Burfoot, Hester, Williams, and Fraim.

 

ACTION:   The Resolution as introduced was adopted, effective December 2, 2003.

                  

Yes:   Burfoot, Hester, Riddick, Williams, and Fraim.

                  

                   No:    Winn and Wright.

               

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on November 18, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the sale of an 18,700 square-foot city-owned parcel of property located on East Princess Anne Road.

                  

                   No one spoke concerning this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance authorizing the sale to Leavy H. and Mildred C. Harold of a certain parcel of property located in the City of Norfolk, Virginia, for the sum of $90,000.00, and approving the purchase and sale agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 4, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

 

 

 

 

PH-3                              PUBLIC HEARING scheduled this day pursuant to action of the Council on November 18, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the sale of four lots located on the south side of Redgate Avenue to Platinum Homes, L.L.C.

 

                   Brian Large, 1116 Rose Lane, was present on behalf of this matter.

                            

          Thereupon, an Ordinance entitled, “An Ordinance authorizing the sale to Platinum Homes, L.L.C. of a certain parcel of property located on Redgate Avenue in the City of Norfolk known as Lots 6,7,8 and 9 on Block 67 for the sum of $129,000.00 and approving  the purchase and sale agreement.,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

PH-4                              PUBLIC HEARING scheduled this day, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on a proposed ordinance to amend the approved budget for the fiscal year 2003-2004 so as to appropriate funds to be received from loan financing in an amount not to exceed $21,000,000 so as to provide funding for the City’s participation in the Virginia Public Housing Home and Hospital Intergovernmental Transfer Program.

                            

          Thereupon, an Ordinance entitled, “An Ordinance authorizing and approving the form, execution and delivery of the Intergovernmental Transfer Agreement by and between the City of Norfolk and the Commonwealth of Virginia, through the State Treasurer; approving the amendment of the fiscal year 2003-2004 Operating Budget by appropriating the sum of up to $21,000,000 if and when received; and authorizing the expenditure of such sum; authorizing and approving the Issuance and Sale of Special Revenue Anticipation Note or Notes of the City of Norfolk in an amount not to exceed $21,000,000; and authorizing the City Manager to do all things necessary and expedient to carry out the agreement and to effect the transfer of the funds.,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 4, 2004.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

 

 

 

 

CONSENT AGENDA

 

C-1                                 Letter from the City Clerk transmitting an Abstract of Votes cast in the City of Norfolk at the General Election on November 4, 2003 pursuant to Section 24.2-675 of the Code of Virginia.

 

ACTION:   Received and filed.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

REGULAR AGENDA

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the acceptance of a grant award of $173,500.00 from the U.S. Environmental Protection Agency for replacement of a pump station in the Sewells Garden Neighborhood, appropriating said funds, and authorizing a local cash match of $276,500.00,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the acceptance of a grant award of $445,100.00 from the U.S. Environmental Protection Agency for replacement of a pump station in the Fairmount Park Neighborhood, appropriating said funds, and authorizing a local cash match of $364,175.00,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

 

 

 

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting and appropriating $410,288.00 in grant funds from the Virginia Department of Housing and Community Development and the Department of Historical Resources and authorizing the expenditure of $410,288.00 in matching funds for the renovation of the Attucks Theater,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting and appropriating $315,152.00 from the Virginia Department of Fire Programs for the “Aid-To-Localities” Program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

R-5                                 Letter from the City Manager and a Resolution entitled, “A Resolution approving the exercise by Norfolk Redevelopment and Housing Authority of powers conferred by the Virginia Housing Authorities Law in conjunction with the issuance for Old Dominion University Real Estate Foundation of revenue bonds Series 2003B (Tax-Exempt Bonds) and Series 2003C (Taxable Bonds) in an aggregate principal amount not to exceed $33,555,000 to assist in the acquisition, construction and equipping of property located in the City of Norfolk, Virginia,” was introduced in writing and read by its title.

 

                   Julie Adie, 4401 Powhatan Avenue, was present on behalf of this matter.

 

ACTION:   The Resolution as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

 

 

 

 

 

 

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance repealing Section 29-68 of the Norfolk City Code, 1979, relating to parades and assemblies on public property, and adopting fourteen new sections, numbered 29-67.1 through 29-67.14, pertaining to the same subject,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Sections 17.1-1, 17.1-2, 17.1-3, 17.1-6, 17.1-13, 17.1-15, 17.1-16, 17.1-22, 17.1-23, 17.1-24, 17.1-44, 17.1-49, 17.1-50 and , 17.1-60 of the Norfolk City Code, 1979, SO AS TO change the name of the Department of Fire and Paramedical Services to the Department of Fire-Rescue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the sale of alcoholic beverages for off-premise consumption on property located at 2117 Colonial Avenue,” was introduced in writing and read by its title.

 

                   Richard Catz, 716 Pennsylvania Avenue, was present on behalf of this matter.

 

ACTION:   The Ordinance as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

 

 

 

 

 

 

 

R-9                                 A Resolution entitled, “A Resolution appointing Joseph A. Leafe to the Norfolk Criminal Justice Board for a certain term,” was introduced in writing and read by its title.

 

                   ACTION:   The Resolution as introduced was adopted, effective December 2, 2003.

 

Yes:   Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim.

                  

                   No:    None.

 

NEW BUSINESS

 

Daniel Montague, 4507 Krick Street, commented how street improvements on major thoroughfares (Tidewater Drive, Princess Anne Road, and Virginia Beach Boulevard) commencing at the same time impede traffic flow.