NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, MAY 15, 2007 – 2:30 P.M.

 

Prayer offered by Councilman Paul R. Riddick, 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.

                                                               

CEREMONIAL MATTER

 

President Fraim read a proclamation proclaiming May 20-26, 2007 as National Public Works Week.  John Kiefer, Director of Public Works, Norma Swan, Kevin Reese, and Richard Willard accepted the proclamation. 

 

PUBLIC HEARING

 

PH-1                                                   PUBLIC HEARING scheduled this day pursuant to action of the Council on May 1, 2007, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the conveyance to Habitat for Humanity by deed of gift certain parcels of property located in the City of Norfolk.

 

                   Neal Windley, 5685 Virginia Beach Boulevard, was present to answer questions.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance authorizing the conveyance to Habitat for Humanity by deed of gift of those certain parcels of property located in the City of Norfolk and described as Lots 12 and 13, Block 19, Plat of Bruce Park,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 15, 2007.

 

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

                   No:    None.

 

C-1                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of KOTARIDES DEVELOPERS, to change the zoning from HC-WF2 (West Freemason Historic and Cultural Conservation) District to Conditional D-3 (Freemason/Granby Conservation and Mixed Use) District; to create and implement the West Freemason Area Development Transition Overlay District (WFADTO); and to close and discontinue a variable width, not of the southern portion of Brambleton Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 5, 2007. 

 

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 approving the acceptance of $79,145.00 in funds from Nextel Communications of the Mid-Atlantic, Inc. (“Nextel”) to reimburse the City of Norfolk for its costs to reconfigure the 800 MHz band in Accordance with its frequency reconfiguration agreement with Nextel pursuant to orders of the Federal Communications Commission,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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 permitting 237 Granby, L.L.C. to encroach into the right of way of Granby Street with an awning,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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 approving the acceptance of a grant award of up to $11,180.88 from the Office of Justice Programs Bulletproof Vests Program, appropriating and authorizing the expenditure of the funds for the program and authorizing a local cash match of $10,845.88,” was introduced in writing and read by its title.  

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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 to amend and reordain Section 29-5 of the Norfolk City Code, 1979, SO AS TO conform with State Code changes regarding obstruction of justice,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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 requesting the Virginia Department of Transportation to establish a project for safety improvements at the Military Highway/Virginia Beach Boulevard intersection, and authorizing the expenditure of the sum of $200.00 for the project from funds heretofore appropriated,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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 granting a Special Exception to permit the sale of alcoholic beverages for off-premises consumption on property located at 5369 East Princess Anne Road,” was introduced in writing and read by its title.  

 

                   Rudrax and Timir Patel, 5369 E. Princess Anne Road, were present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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

                   No:    None.

                            

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the operating of an eating and drinking establishment on property located at 1819 East Little Creek Road,” was introduced in writing and read by its title.

 

                   David Vega, 1819 E. Little Creek Road, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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

                   No:    None.

 

R-8                                 Letter from the City Manager and the following two Ordinances:

 

                                      An Ordinance entitled, “An Ordinance closing certain city-owned docks to public use during the Harborfest 2007/Sail Virginia 2007 celebration,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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

                   No:    None.

 

R-8A                              An Ordinance entitled, “An Ordinance establishing certain public areas and streets of the City of Norfolk as the “Primary Festival Area” and the “Festival Area Extended” and setting forth the regulations applicable to such festival areas for the Harborfest 2007/Sail Virginia 2007 celebration,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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

                   No:    None.

 

  R- 9                              Letter from the City Manager and an Ordinance entitled, “An Ordinance decreasing the rate of real property taxes by sixteen cents for every one hundred dollars of assessed value,” was introduced in writing and read by its title.

(This matter was included in R-11.)

 

R-10                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Subsection (3) of Section 24-207, of the Norfolk City Code, 1979, SO AS TO increase the income limits for eligibility to receive real estate tax relief for elderly and disabled taxpayers and to amend and reordain Section 24-209 of the Norfolk City Code, 1979, SO AS TO, revise the schedule for exemptions,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2007

 

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

                   No:    None.

 

R-11                               Letter from the City Manager and the following two Ordinances:

 

                                      An Ordinance entitled, “An Ordinance appropriating funds for operation of the City for Fiscal Year 2007-2008; authorizing a supplement for retirees; imposing, increasing and modifying certain taxes and fees; decreasing the rate of real property taxes by sixteen cents; authorizing an equipment lease and regulating the payment of money from the City Treasury,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2007.

 

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

                   No:    None.

R-11A                             An Ordinance entitled, “An Ordinance approving the Capital Improvement Program Budget for the Fiscal Year 2007-2008; appropriating $251,602,000 for certain projects approved therein; authorizing an issue of bonds in the amount of $193,233,978 and the expenditure of $33,448,022 in cash of which $3,900,000 is appropriated from the General Fund balance; and authorizing the undertaking of certain approved projects,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2007

 

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

                   No:    None.

 

R- 12                              Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the reappropriation and expenditure of $2,200,000 of funds heretofore appropriated to the School Board,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2007.

 

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

                   No:    None.

 

R-13                               Letter from the City Manager and an Ordinance entitled, “An Ordinance appropriating grant funds totaling $54,662,588 to the School Board of the City of Norfolk to support construction and renovation programs, Title I Programs, other special programs and the Child Nutrition Services Program for Norfolk Public Schools and authorizing the expenditure of the funds in Fiscal Year 2008,” was introduced in writing and read by its title.  

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2007

 

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

                   No:    None.

 

 R-14                              Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Subsection (b) (1) of Section 24-25.8 of the Norfolk City Code, 1979, SO AS TO clarify that the motor fuels tax is exempt from gross receipts for purposes of business licenses taxes,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2007.

 

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

                   No:    None.

                                     

R-15                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the FY 2008 Annual Plan for the Consolidated Plan (Fiscal Years 2004 through 2008); approving the applications for Community Development Block Grant Program CDBG), Home Investment Partnership (Home) Program, Emergency Shelter Grant (ESG) Program and American Dream Down Payment Initiative (ADDI) Program funds; appropriating and authorizing the expenditure of $7,377,042 in CDBG Grant funds, $2,279,837 in Home grant funds, $228,502 in ESG grant funds and $36,661 in American Dream Down Payment Initiative (ADDI) grant funds, if and when made available and authorizing the appropriate city officials to do all things necessary to receive the funds and carry out the programs,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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

                   No:    Hester.

 

R-16                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the July 1, 2007 through June 30, 2008 budget for the Norfolk Law Library, authorizing the City Treasurer to make disbursements and appropriating and authorizing the expenditure of up to $282,500.00 by the Norfolk Law Library from monies assessed and collected by the City as part of costs in Civil Court actions in accordance with the approved budget and the October 1, 1987 agreement between the City and the Norfolk Law Library,” was introduced in writing and read by its title.  

                            

ACTION:   The Ordinance as introduced was adopted, effective May 15, 2007.

 

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

                   No:    None.

 

 

 

NEW BUSINESS

 

Danny Lee Ginn, 3844 Dare Circle, thanked Council for its hard work on the budget.

 

Vic Yurkovic, 1816 E. Ocean View Avenue, thanked Council for listening to the Tea Party and reducing the real estate tax rate.