NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
AUGUST 31, 2004 – 2:30 P.M.
Prayer offered by Vice-Mayor Daun
S. Hester, followed by the Pledge of Allegiance.
President
Fraim moved to excuse Mr. Burfoot and Mr. Wright from today’s meeting.
Motion
adopted.
Yes: Hester, Riddick, Williams,
Winn, and Fraim.
President Fraim
moved to dispense with the reading of the minutes of the previous meeting.
Motion adopted.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
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 August 31, 2004.
Yes: Hester,
Riddick, Williams, Winn, and Fraim.
PUBLIC HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to action of the Council on August 17, 2004, under the State law, public notice having been inserted in the local press by the City Clerk on the application of the City of Norfolk to close, vacate and discontinue a portion of Fort Street and Woodis Avenue.
Thereupon, an Ordinance entitled, “An Ordinance vacating a portion of Fort Street and a portion of Woodis Avenue,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
PH-2 PUBLIC HEARING scheduled this day under the
State law, public notice having been inserted in the local press to hear
comments to amend the Capital
Improvement Program Budget for the fiscal year 2004-2005 for the Conference
Center Project.
Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Section 1 of Ordinance No. 41,408 (Operating Budget Ordinance for Fiscal Year 2004 – 2005) SO AS TO reduce the appropriation for the Public Amenities Fund to $2,125,000,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
PH-2a Thereupon, an Ordinance entitled, “An Ordinance to amend reordain Section 1 and 2 of the Capital Improvement Program Budget Ordinance for fiscal year 2004-2005, SO AS TO increase the funding for the Conference Center (Project No. 51) by Three Million Nine Hundred Thousand Dollars ($3,900,000); to provide the funds therefor by transferring Two Million Six Hundred Sixty-Two Thousand, Three Hundred Dollars ($2,662,300) from the 2004-2005 Operating Budget (Public Amenities Fund) and by transferring an additional One Million Two Hundred Thirty-Seven Thousand Seven Hundred Dollars ($1,237,700) from the Public Amenities Fund (Fund Balance),” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
CONSENT AGENDA
C-1 Letter
from the City Manager requesting a public hearing be scheduled to hear comments
on approving the conveyance to Bristol Norfolk Partners, G.P., a portion of the
former right-of-way of 16th Street.
ACTION: City Clerk authorized to advertise for a public hearing on September
28, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
C-2 Letter from the City Manager advising in
accordance with Chapter 33.1-40 of the Norfolk City Code for sole source
procurements during the month of July, 2004
for the Sheriff and Utilities Department.
ACTION: Received and filed.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
REGULAR
AGENDA
R-1 Letter from the City Manager and
an Ordinance entitled, “An Ordinance permitting Brian M. Gillions, Carlton Green and Marion Green to encroach into
the right of way of Willoughby Bay Avenue, a paper street, approximately one
hundred feet (100’), at 1109 Little Bay Avenue, with a four feet (4’) wide
wooden pier and a retaining wall,” was introduced in writing and read by its
title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-2 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving the acceptance
of a grant award of $182,500.00 from the Administrative Office, Supreme Court
of Virginia for probation supervision and substance abuse treatment services
for the Norfolk Circuit Court Adult Drug
Court Program, appropriating the grant funds and authorizing expenditure of
$44,722.00 from previously appropriated funds as a local cash match,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-3 Letter from the
City Manager and an Ordinance entitled, “An Ordinance authorizing the operation
of an automobile repair facility on property located at 3508-3510 East Princess Anne Road,” was introduced in writing and
read by its title.
The following persons spoke
in opposition to this matter:
Fred Gallop, 2432 Wyoming
Avenue and Sherrie Bishop, 2321 Palmyra Street.
Eloise LaBeau, 3501 Orange
Street, was not present but wanted to go on record in opposition.
ACTION: The Ordinance as
introduced was LOST.
Yes: None.
No: Hester, Riddick, Williams, Winn, and Fraim.
R-4 Letter from the
City Manager and an Ordinance entitled, “An Ordinance authorizing the operation
of an entertainment establishment on property located at 131 West Little Creek Road,” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-5 Letter from the
City Manager and an Ordinance entitled, “An Ordinance to change the starting
time of the regular weekly City Council
Meeting scheduled for Tuesday,
September 14, 2004, at 2:30 P.M. to September 13, 2004 at 9:00 A.M. and to move
the location of said meeting,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-6 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, Chapter I, Title 36 of the Code of Virginia of 1950, as
amended in conjunction with the issuance for Fort Norfolk Retirement Community, Inc. (the applicant), of not to
exceed $100,000,000.00 of revenue bonds by the authority to assist in financing
a portion of the costs of developing, constructing and equipping a senior
living community to consist of independent living apartments, assisted living
apartments and nursing beds to be located on an approximately 4.4 acre site in
the redevelopment area known as Atlantic City, to fund a debt service reserve
fund, to pay interest on revenue bonds issued by the authority therefore during
construction for a period not exceeding 12 months after completion of the
construction and to pay certain costs incurred in connection with the issuance
of such bonds,” was introduced in writing and read by its title.
Neil Volder and
Vince Mastracco, 150 West Main Street, were present to answer questions.
ACTION: The Resolution as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-7 Letter from the
City Manager and an Ordinance entitled, “An Ordinance amending the July 1, 2004
Fire-Rescue Compensation Plan,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-8 Letter from the
City Manager and an Ordinance entitled, “An Ordinance permitting Dianna L. Gilchrist to encroach into
City property thirteen feet (13’) south of Willoughby Bay Avenue, a paper
street, approximately eighty-two feet (82’), at 814 Little Bay Avenue, with a
five feet (5’) wide wooden pier and a T-shaped head,” was introduced in writing
and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-9 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving the purchase
from Waste Industries, L.L.C. of
certain property, commonly known as 1361 and 1371 Hanson Avenue; authorizing
the City Manager to negotiate an agreement in substantial conformity with the
terms and conditions of the attached purchase and sale agreement; and
authorizing the expenditure of a sum of up to $1,278,000 for such purpose from
funds heretofore appropriated,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-10 Letter from the
City Manager and an Ordinance entitled, “An Ordinance finding a public
necessity for the acquisition of land for public parking and public convention
center purposes; authorizing the acquisition by negotiation or by condemnation
of the said properties situate in the City of Norfolk, belonging to Brashear Properties I, LLC; and
authorizing the expenditure of the sum of $3,200,000.00 to acquire the same,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-11 Letter from the City Manager and
a Resolution entitled, “A Resolution approving the Community Services Board’s Performance Contract for fiscal year
2004-2005,” was introduced in writing and read by its title
ACTION: The Resolution as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-12 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving the purchase
from Peter G. Decker, Jr. and Bess P.
Decker of certain property, commonly known as 201 East Plume Street;
authorizing the City Manager to negotiate an agreement in substantial
conformity with the terms and conditions of the attached purchase and sale
agreement; and authorizing the expenditure of a sum of up to $2,600,000 for
such purpose form funds heretofore appropriated,” was introduced in writing and
read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-13 Letter from the
City Manager and an Ordinance entitled, “An Ordinance authorizing the City
Manager to employ one person in a special project status in the office of the Commonwealth’s
Attorney and authorizing funds for salary and benefits,” was introduced in
writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
R-14 Letter from the
City Manager and an Ordinance entitled, “An Ordinance to amend and reordain
Section 8.1 of the Norfolk City Code, 1979, SO AS TO add the definition of the word superintendent,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 31, 2004.
Yes: Hester, Riddick, Williams, Winn, and Fraim.
No: None.
NEW BUSINESS
1. Tonya Riddick, 4837 Hampshire Avenue, spoke regarding litter in the Norview area and on Interstate 64.
2. Joann Berkley, 1419 Buckingham Avenue; Mark Perrault; 950 Hanover Avenue, and Cater Furr, 1418 Graydon Avenue, asked Council to reconsider preserving the IKON Building.
3. Kathy Stark 524 Pennsylvania Avenue, and Mary Babcock, 2511 Tait Court, asked Council act to approve the popular election of the Office of Mayor.
4. Daniel Montague, 4605 Krick Street, asked Council to investigate Hampton Roads Transit Handicap Bus policy regarding service.