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Norfolk City Council October 28, 2008 Formal Meeting NORFOLK, VIRGINIA ACTION OF THE COUNCIL TUESDAY, OCTOBER 28, 2008 – 7:00 P.M. Prayer
offered by Reverend Kathleen
Monge, Pastor,
Miles Memorial United Methodist Church, 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. The Resolution as introduced was adopted, effective October 28, 2008. Yes: Burfoot, Hester, Riddick,
Whibley, Williams, Winn, Wright, and Fraim. No: None. CEREMONIAL MATTERS Mayor
Paul D. Fraim extended greetings to the Living and Learning Class from Virginia
Wesleyan College. Mr.
Wally Timmons, from the Hampton Roads Veterans Association read a proclamation
proclaiming November 11, 2008, as Veteran Day in the Cities of Norfolk,
Portsmouth, Virginia Beach and Chesapeake.
The proclamation was accepted by Mayor Paul D. Fraim. PUBLIC HEARINGS PH-1 PUBLIC
HEARING scheduled
this day pursuant to action of the Council on October 7, 2008, 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 the Norfolk City Code, 1992, SO AS TO amend
Sections 24-4, 25-5, and 26-4, the creation of Chapter 28, and Section 42.5 to
comply with new State Law changes. Ellis W. James, 2021 Kenlake Place, spoke concerning
this matter. Thereupon, an Ordinance entitled, “An Ordinance to amend Sections
24-4, 25-5, and 26-4, repeal Section 6-0.3 (d), and create Chapter 28 of the
Zoning Ordinance of the City of Norfolk, 1992, and to amend Section 42.5 of the
Norfolk City Code, 1979, SO AS TO
create a process for requiring a traffic impact analysis in accordance with
recent changes in State law,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. CONSENT AGENDA C-1 Letter from the City Manager recommending
a public hearing be held to hear comments on the renewal of a Lease Agreement
between the City and Bon Secours-DePaul Medical Center, Inc.,
on property located at 7300 Newport Avenue. ACTION: City Clerk authorized to advertise for a public hearing on November 18,
2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. C-2 Letter
from the City Clerk presenting the request of Holiday in the City for the use
of the Mace during the 24th Annual Holiday in the City Grand
Illumination Parade to be held on Saturday, November 22, 2008. ACTION: Use of Mace and Police Honor
Guard approved. 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 River House Apts., LLC to encroach into
the rights-of-way of Llewellyn Avenue
and Granby Street with a fence, fire
water line, landscaping, and an irrigation system,” was introduced in writing
and read by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. 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 First Baptist Church to encroach into
the right-of-way of the 7400 Block of
Fargo Avenue for a distance of 1.9’ ± with a residence, porch and fence and
4.7’ ± with steps,” was introduced in writing and read by its title. Pastor George Spicer, Stephen Gunther, attorney and Michael Baker, were
present to answer questions. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. 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 and
allowing the conveyance of Parcel 71-B
to the City of Norfolk by the Norfolk
Redevelopment and Housing Authority,
and authorizing the City Manager to accept the Deed on behalf of the City of
Norfolk,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. 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 change the
name of TWA Drive to Academy Drive,”
was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. R-5 Letter from the
City Manager and A Resolution entitled, “A Resolution endorsing the
application of the Schooner Virginia
Project organization to the Virginia
Department of Transportation for
transportation enhancement funds to provide funding for the debt incurred
during construction of the Schooner Virginia,” was introduced in writing and
read by its title. ACTION: The Resolution as introduced was adopted, effective October 28,
2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. R-6 Letter from the
City Manager and A Resolution entitled, “A Resolution endorsing the
application by the City to the Virginia
Department of Transportation for transportation enhancement funds in the
amount of $435,000.00, requesting
the Commonwealth Transportation Board
to establish Phase IV of the Elizabeth River Trail project, agreeing to provide
20 percent of the total cost through the use of abandoned railroad right-of-way
previously donated to the City and authorizing the City Manager to do all
things necessary to submit such application,” was introduced in writing and read
by its title. ACTION: The Resolution as introduced was adopted, effective October 28,
2008. 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 approving a
Lease Agreement between the City of Norfolk and the Generic Theater and authorizing the execution of the Lease Agreement on behalf of the City,”
was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective November 28,
2008. 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 the
acceptance of a grant award in the amount of $36,095 from the City of Portsmouth pursuant to the 2007 State Homeland Security Grant Funds
Program, and appropriating and authorizing the expenditure of the funds for
the purchase of equipment to enhance Homeland Security,” was introduced in
writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. 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 approving the
acceptance of a grant award in the sum of $1,047,536.00
from the U.S. Department of Justice,
Office of Community Oriented Policing Services, and appropriating and
authorizing expenditure of the grant funds for the purchase of equipment to
enhance law-enforcement activities,” was introduced in writing and read by its
title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. R-10 Letter from the
City Manager and an Ordinance entitled, “An Ordinance revoking an
encroachment with respect to canvas canopies only granted to Commonwealth Enterprises, L.L.C., to
encroach into the right of way of Granby
Street and Tazewell Street, by
Ordinance No. 39,510, adopted by City Council on March 9, 1999,” was introduced
in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. R-11 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting a Selective Enforcement Grant award of up
to $23,086.00 from the Virginia Department of Motor Vehicles
to pay police officers overtime to assist with traffic safety enforcement and
to purchase equipment, appropriating and authorizing the expenditure of the
grant funds and authorizing a local match of $4,618.00 as in-kind services by the Norfolk Police Department,” was
introduced in writing and read by its title. Ellis W. James, 2021 Kenlake Place, spoke concerning
this matter. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. 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 accepting a
grant award of up to $14,948.00 from
the Department of Criminal Justice
Services recruiting and retention of Criminal
Justice Professionals Grant Program, appropriating and authorizing the
expenditure of the grant funds and authorizing the expenditure of a local cash
match of up to $4,983.00 for the
recruitment of minorities as criminal justice professionals,” was introduced in
writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. 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 authorizing the
City as administrative and fiscal agent for the Norfolk Transitional Grant Area (TGA) under Title I of the Ryan White
Comprehensive Aids Resources Emergency (CARE) Act to accept carryover grant
funds in the amount of $38,715.00 from
the U.S. Department of Health and Human Services for HIV/AIDS Health and Support Services and appropriating and
authorizing expenditure of the grant funds,” was introduced in writing and read
by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. 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 approving an Institutional Development Plan on
property located on the west side of Riverview
Avenue,” was introduced in writing and read by its title. Mike Vaughn, 4201 Congress Street, Charlotte North,
Carolina, was present to answer questions. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. 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
acceptance of a Veterans’ Employment and Training Services Grant Award of $7,000.00 from the U. S. Department of Labor for
Project Homeless Connect Event,” was
introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. R-16 Letter from the
City Manager and an Ordinance entitled, “An Ordinance permitting Fort
Norfolk Plaza, LLC to encroach into City property located at 301 Riverview
Avenue with a driveway, footers, sidewalk, canopy, and storm pipe,” was introduced in writing and read
by its title. ACTION: The Ordinance as introduced was adopted, effective October 28,
2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. NEW BUSINESS
1.
Michael
Martinette, 7700 Armfield Ave, spoke concerning free dental care, bus route for
Tidewater Drive and a evaluation plan for the Tucker House. 2.
Cliff
Edwards, 2207 Pershing Avenue, spoke concerning the rules and guidelines for Home
Daycare Centers. 3.
Gary Dubour, 1433
Kingston Avenue, commented on the truck traffic on Hampton Boulevard. 4. Danny
Lee Ginn, 3844 Dare Circle, spoke concerning his dissatisfaction with the City Manager. 5. Jane
Bethel, 5632 Brandon Boulevard, Virginia Beach, spoke concerning benefits for city
and retired employees. 6. Ellis James, 2921 Kenlake Place,
expressed concerns over the election locations and the construction near some
of those sites. |
