NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, OCTOBER 24, 2006 – 7:00 P.M.

 

Prayer offered by Pastor Ken Gerry, New Life Christian Center, 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, Whibley, 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.

 

ACTION:   The Resolution as introduced was adopted, effective October 24, 2006.

 

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

 

No:    None.

                  

CEREMONIAL MATTERS

 

1.      President Fraim presented a plaque to Admiral Gary White in recognition of the USS George Washington’s volunteer community service.  Admiral White was accompanied by Chaplain James Edmonds and Chaplain Fred Hilder.

 

2.      President Fraim presented a proclamation proclaiming the week of October 21, 2006 to October 29, 2006 as Red Ribbon Week celebrating a “Drug Free Norfolk.”  The proclamation was received by members of YADAPP (Youth Alcohol & Drug Abuse Prevention Program).  Harry Tynes, sponsor, was also present.  Marty Raiss of Neighborhood Services was also present.

 

PUBLIC HEARINGS

 

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on October 3, 2006 under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the issuance of Series 2006 General Obligation Bonds.

 

                    No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance authorizing the issuance and sale by the City of Norfolk, Virginia of up to $115,000,000 in General Obligation Capital Improvement Bonds and up to $50,000,000 in General Obligation Refunding Bonds to refund earlier bond issues of the City of Norfolk,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on October 3, 2006 under the State law, public notice having been inserted in the local press by the City Clerk on the application of the City Planning Commission, to amend Chapter 12 of the City of Norfolk Zoning Ordinance, 1992, SO AS TO permit the reconstruction of certain residential and commercial buildings destroyed by a natural disaster. 

 

                    No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Sections of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO permit the reconstruction of certain residential and commercial buildings destroyed by a natural disaster, was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

PH-3                              PUBLIC HEARING scheduled this day pursuant to action of the Council on October 3, 2006 under the State law, public notice having been inserted in the local press by the City Clerk on the application of Bob Walter, for a change of zoning from C-3 (Retail Center) District to Conditional C-2 (Corridor Commercial) District on property located at 2388 - 2390 E. Little Creek Road and for special exceptions 1) to operate an automobile repair facility, 2) to operate a gas station and 3) to operate a car wash on property located at 2388 – 2390 E. Little Creek Road. 

 

                    No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 2388 to 2390 East Little Creek Road from C-3 (Retail District) to Conditional C-2 (Corridor Commercial), was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

PH-3A                            An Ordinance entitled, “An Ordinance granting a Special Exception to operate an automobile repair facility on property located at 2388 to 2390 East Little Creek Road, was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

PH-3B                            An Ordinance entitled, “An Ordinance granting a Special Exception to operate a gas station on property located at 2388 to 2390 East Little Creek Road, was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

PH-3C                            An Ordinance entitled, “An Ordinance granting a Special Exception to operate a car wash on property located at 2388 to 2390 East Little Creek Road, was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

REGULAR AGENDA

                  

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Thomas Jensen and Marie Jensen to encroach into the right-of-way of 53rd Street (a paper street), between 750 West 52nd Street and the Lafayette River with stone rip rap,” was introduced in writing and read by its title.    

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

 

 

 

 

 

 

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the sale of alcoholic beverages for off-premises consumption on property located at 415 North Military Highway, Suites 17 to 20,” was introduced in writing and read by its title.  

 

                   An-Duk, the applicant, was present to answer questions.

 

                   Gary Dubois, 1433 Kingston Avenue, was present in support of this matter.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Cutty Sark Marina, Inc. and Mildred D. Campbell Trust to encroach into the right- of-way of Bath Street, a paper street, at 4707 Pretty Lake Avenue, with a gravel parking and storage area,” was introduced in writing and read by its title.  

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the acceptance of a grant award in the amount of $161,830.00 from the Bureau of Justice Assistance (BJA), appropriating and authorizing the expenditure of the funds for the program and the accrued interest estimated at $6,500.00 for the Justice Assistance Grant Program to purchase equipment and to pay police officers overtime for crime prevention activities,” was introduced in writing and read by its title.  

 

                   Adria Moore, 808 Fraternity Court, Virginia Beach, was present to answer questions.

 

                   Alton Robinson, 735 W. 35th Street, encouraged the use of effective crime prevention methods as opposed to the use of force.

                  

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

                                               

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the acceptance of a Commonwealth of Virginia, Department of Environmental Quality supplemental grant for Litter Prevention, Recycling and Environmental Educational Programs and appropriating $26,711.00 therefor,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving amendments to the lease agreements between the City of Norfolk and Granby Street Properties, L.L.C., for certain premises known as Suites 100, 102, 103, 200, 400 and 500, in the Tazewell Building at 100 Brooke Avenue, SO AS TO extend their term to December 31, 2011,” was introduced in writing and read by its title. 

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

R-7                                 Letter from the City Manager and a Resolution entitled, “A Resolution approving and concurring with the exercise by the Industrial Development Authority of the City of Suffolk of Powers conferred by the Industrial Development and Revenue Bond Act in conjunction with the issuance for Sentara Healthcare, a Virginia Nonstock Corporation, by the Industrial Development Authority of the City of Suffolk of not to exceed $175,000,000 of its revenue and refunding bonds (Sentara Healthcare), Series 2006, to finance and refinance various projects described below and to pay all or a portion of the costs associated with the issuance of such bonds,” was introduced in writing and read by its title.

 

          George Consolvo, 5120 W. Riverview Drive, Suffolk, was present to answer questions.

 

                   Daniel Montague, 4605 Krick Street, questioned if the City was underwriting a private business.   

 

                   The City Attorney, Bernard Pishko, responded no and explained the purpose of this action.

 

ACTION:   The Resolution as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving a Lease Extension Agreement between Ronald W. Boone and Judith N. Boone, as lessors, and the City of Norfolk, as lessee, for the lease of a certain building located at 120 Balview Avenue; authorizing the City Manager to execute the lease extension agreement on behalf of the City; and authorizing the expenditure of the sum of $26,500.48 from funds heretofore appropriated for the rental payments for the remainder of the fiscal year 2006-2007,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

 

 

 

 

 

R-9                                 An Ordinance entitled, “An Ordinance to change the starting time of the regular weekly City Council meeting scheduled for Tuesday, October 31, at 2:30 P.M. to 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 October 24, 2006.

 

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

 

                   No:    None.

 

R-10                               A Resolution entitled, “A Resolution appointing two persons to two boards for certain terms,” was introduced in writing and read by its title. 

 

ACTION:   The Resolution as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

R-11                               An Ordinance entitled, “An Ordinance to cancel the regular meeting of the Council of the City of Norfolk for the week beginning on November 12, 2006 and ending on November 18, 2006,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective October 24, 2006.

 

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

 

                   No:    None.

 

 

 

 

 

 

 

 

R-12                               Letter from the City Attorney requesting City Council confirm the appointment of Derek F. Myers as Assistant City Attorney II to serve at the pleasure of the City Attorney.

 

ACTION:   Appointment confirmed.

 

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

 

                   No:    None.

 

NEW BUSINESS

 

1.      Wayne Bowers, 2913 Myrtle Avenue, asked Council to address crime on Merrimac Avenue.

 

2.      Myra Gabriel and her son, Rodney, 832 Whitaker Lane, advised Council of an incident involving police brutality.

 

3.      Alton Robinson, 735 W. 35th Street, commented about youth gangs.

 

4.      The following persons commented on issues pertaining to taxicab drivers and/or companies:  Henry Charles, President of the Taxi Driver Association of Hampton Roads ($150.00 fee imposed on taxicab drivers by the Naval Base); Richard Young, 3407 Norfeld Court and Darrel Johnston, 1287 Holland Road, Suffolk (release of taxicab certificates to other cab companies).

 

5.      The following persons commented about the mistreatment of citizens by the Magistrate:  Mary Simpson Jones, 7505 Paulin Court; Nancy Terrell, 1301 Transylvania Avenue, Chesapeake; and Denise Norwood, 7503 Rosefield Drive.

 

6.      Daniel Montague, 4605 Krick Street, commented about light rail.