Formal 07/24/12 Session - Norfolk City Council

>>> COUNCIL OF THE CITY OF NORFOLK IS CALLED TO ORDER.
>> DEAR HEAVENLY FATHER, THANK YOU FOR THIS DAY AND FOR YOUR
NUMEROUS DISPLAYS OF LOVE THROUGH BLESSINGS THAT ARE TOO
NUMEROUS TO MEASURE. BLESS THE CITY OF NORFOLK, BLESS
EVERY CITIZEN WHO RESIDES WITHIN ITS BOUNDARIES, AND EVERY CITY
EMPLOYEE WHO WORKS TO MAKE OUR CITY BETTER.
FATHER, BLESS OUR MAYOR, OUR CITY MANAGER AND THIS COUNCIL AS
WE LABOR TOGETHER IN THE CALLING OF PUBLIC SERVICE.
GIVE US THE WISDOM TO GOVERN FAIRLY AND ETHICALLY WITH
EQUALITY, INTEGRITY, COMPASSION -- AND COMPASSION AND
ALLOW TO US REPS OUR CITY IN A SPIRIT OF EXCELLENCE.
I PRAY THAT YOU WILL GUIDE US THROUGH THESE DIFFICULT ECONOMIC
TIMES AND GIVE US THE STRENGTH AND WISDOM WE NEED TO MAKE THE
DECISIONS THAT FACE US. THESE AND ALL OTHER BLESSINGS WE
ASK IN YOUR SON'S NAME, AMEN. >> AMEN.
>> All: I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION
UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
>> THANK YOU. THANKS VERY MUCH.
>>> CLERK WILL CALL THE ROLL, PLEASE.
>> MR. BURFOOT. >> HERE.
>> MR. PROTOGYROU. >> HERE.
>> MR. RIDDICK. >> HERE.
>> MR. SMIGIEL. >> HERE.
>> DR. WHIBLEY. >> HERE.
>> MS. WILLIAMS. >> HERE.
>> MR. WINN. >> HERE.
>> MR. FRAIM. >> HERE.
>> MOTION IS TO DISPENSE WITH THE READING OF THE MINUTES OF
THE PREVIOUS MEETING. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. READ THE RESOLUTION OF THE
CLOSED MEETING. >> A RESOLUTION CERTIFYING A
CLOSED MEETING OF THE COUNCIL OF THE CITY OF NORFOLK HELD IN
ACCORDANCE WITH THE PROVISIONS OF THE VIRGINIA FREEDOM OF
INFORMATION ACT. ADOPT THE RESOLUTION.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
GOOD EVENING, LADIES AND GENTLEMEN, AND WELCOME TO THE
NORFOLK CITY COUNCIL CHAMBERS. WE'RE GLAD TO HAVE ALL OF YOU
HERE. FOR THOSE OF YOU WHO DO NOT
REGULARLY TAKEN OUR COUNCIL SESSIONS, THE PROCESS WHICH WE
WILL FOLLOW TONIGHT, THE FIRST THING WE'RE GOING TO DO IS TAKE
UP PUBLIC HEARINGS AND THERE ARE THREE OF THEM.
ONCE WE'RE FINISHED WITH THE PUBLIC HEARINGS, WE'LL MOVE TO
THE CONSENT AGENDA AND THERE ARE A NUMBER OF CONSENT AGENDA ITEMS
THERE. THE COUNCIL IS ENTITLED IF THEY
WISH TO VOTE ON ALL OF THESE MATTERS IN ONE VOTE.
SORT OF PERFUNCTORY, A LOT OF THEM JUST AGENDA SETTING ITEMS.
THEN WE'LL MOVE DIRECTLY TO THE REGULAR AGENDA.
THERE ARE A NUMBER OF ITEMS THERE.
ALL THESE MATTERS WILL BE CALLED AND VOTED ON IN JUST THE WAY
THEY ARE NUMBERED ON THE PRINTED DOCKET.
WE MIGHT HAVE ONE OR TWO ADD-ONS THERE WITH SOME PERSONNEL
MATTERS. AT THE CONCLUSION OF THE REGULAR
FORMAL AGENDA F YOU WOULD LIKE TO ADDRESS THE CITY COUNCIL ON A
NON-AGENDA ITEM, THAT'S SOMETHING THAT'S NOT ON OUR
PRINTED DOCKET, THE COUNCIL WOULD BE GLAD TO HEAR YOU AND
SEVERAL OF YOU HAVE SIGN UP FOR THAT.
ALL WE ASK IS THAT YOU SIGN A SLIP OF PAPER IN THE REAR -- IN
THE LOBBY BEHIND THE COUNCIL CHAMBERS BEFORE THE MEETING
BEGAN SO WE CAN HAVE YOUR NAME. SO I CAN CALL IT.
SO BEFORE WE GET TO THE FORMAL PART OF THE AGENCY, WE DO HAVE
ONE REALLY GREAT CEREMONIAL MATTER HERE AND WE HAVE WITH US
THE GENERAL MANAGER, JOE, OF THE ADMIRALS, JOE GARCIA.
JOE GREGORY, I'M SORRY, JOE, COME ON UP TO THE PODIUM, WILL
YOU? JOE IS THE HARDEST WORKING GUY
IN SPORTS, CERTAINLY HERE. HE'S THE MANAGER NOT ONLY OF THE
TIDEWATER TIDES, OUR TRIPLE-A TEAM, BUT THE MANAGER OF
PROBABLY THE FINEST AMERICAN HOCKEY LEAGUE TEAM EVER
ASSEMBLED, MAYBE THE FINEST MINOR LEAGUE HOCKEY TEAM IF YOU
ASSUME THAT THE NHL IS THE MAJOR LEAGUES, BUT WE WANTED TO ADOPT
A RESOLUTION AND ASK JOE TO COME DOWN TONIGHT AND ACCEPT ON IT
BEHALF OF THE ADMIRALS. AND I'M GOING TO READ IT.
JOE, WE'D LOVE TO HEAR A COUPLE WORDS FROM YOU.
THOSE WERE WONDERFUL GAMES AND GREAT MEMORIES THAT WE HAD AND
NORFOLK WAS SO PROUD OF THE WAY THE TEAM, THE FRANCHISE, AND
EVERYTHING WAS CONDUCTED. IT READS WHEREAS THE NORFOLK
ADMIRALS OF THE AMERICAN HOCKEY LEAGUE HAVE BEEN THE CITY OF
NORFOLK'S HOME TEAM FOR 13 YEARS, DURING WHICH TIME THEY
ESTABLISHED A STRONG FOLLOWING OF HOCKEY FANS FROM ACROSS
HAMPTON ROADS WHO FILL SCOPE ARENA TO CHEER THEIR TEAM ON,
WHEREAS UNDER THE INSPIRATIONAL LEADERSHIP OF THE COACH, THE
ADMIRALS DURING THE 2011-2012 HOCKEY TEAM ENJOYED A MAGICAL
SEASON HIGHLIGHTED BY A 55-18-3 RECORD THAT INCLUDED A
RECORD-SETTING WIN STREAK OF 28 GAMES ON THE WAY TO WINNING THE
McGREGOR CALDER TROPHY AND THE AHL REGULAR SEASON CHAMPIONSHIP.
WHEREAS IN AN AMAZING DISPLAY OF TALENT, POWER, AND TEAMWORK, THE
NORFOLK ADMIRALS AMASSED AN IMPRESSIVE 15-3 RECORD THROUGH
THE PLAYOFFS, SWEEPING THE ST. JOHN ICE CAPS, WINNING TEN
STRAIGHT GAMES AND SWEEPING THE TORONTO MARLEYS IN THE FINALS TO
WIN THE PRESTIGIOUS CALL DER CUP AS THE -- CALDER CUP AS THE
2011-2012 SEASON CHAMPION. THEY DEMONSTRATED THEY ARE THE
FINEST TEAM TO EVER TAKE THE ICE IN THE HISTORY OF THE AMERICAN
LOCK KY LEAGUE, BE IT RESOLVED THAT THE COUNCIL OF THE CITY OF
NORFOLK HEREBY CONGRATULATES THE ADMIRALS FOR THEIR
RECORD-BREAKING SEASON AND ON WINNING THE AHL CHAMPIONSHIP AND
THAT A COPY THEREOF SHALL BE PRESENTED TO THE NORFOLK
ADMIRALS AND I'VE SIGNED IT ON BEHALF OF THE CITY COUNCIL AND
SHALL WE CALL THE ROLL? >> YES, SIR.
ADOPT THE RESOLUTION. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. JOE, LET ME GIVE THIS TO YOU.
THANKS FOR COMING DOWN AND GETTING THIS.
[ APPLAUSE ] >> I'D LIKE TO BEGIN BY THANKING
YOU POINT VITE MEETING TO REPRESENT -- FOR INVITING ME TO
REPRESENT THE ADMIRALS. I COULD NOT APPRECIATE THIS
RESOLUTION ANY MORE. IT IS MY FOURTH YEAR WITH THE
ADMIRALS AND THE SUPPORT WE SAW THIS YEAR FROM THE CITY WAS
UNPRECEDENTED. AS YOU MENTIONED, WE'VE BEEN
PLAYING AT SCOPE HERE FOR 13 YEARS AND THIS IS OUR HIGHEST
ATTENDANCE. WEECH NEVER SEEN THE -- WE'VE
NEVER SEEN THE SUPPORT IN THE COMMUNITY FROM OUR FANS AND THE
LOCAL BUSINESSES THAT WE SAW THIS YEAR AND IT'S SOMETHING
THAT REALLY TRANSFERRED TO THE FLAIRS ON THE ICE AND THEY
NOTICED THE SUPPORT. IT WAS SOMETHING THAT WAS
PALPABLE IN THE BUILDING AND REALLY GLAD WE COULD BE PART OF
IT, BUT AS YOU MENTIONED, PROBABLY ONE OF THE GREATEST
TEAMS EVER TO PLAY ESPECIALLY IN THE AMERICAN HOCKEY LEAGUE AND
GLAD WE COULD DO IT HERE IN THE CITY OF NORFOLK.
THANK YOU VERY MUCH. >> JOE, THANK YOU.
WE WERE SO PROUD OF THE WAY THE ENTIRE TEAM, FROM THE MANAGEMENT
RIGHT THROUGH THE PLAYERS, CONDUCTED THEMSELVES.
THEY WERE GREAT REPRESENTATIVES OF THE CITY.
I KNOW WE'VE CHANGED SOME AFFILIATION, BUT THAT'S OKAY.
THIS REGION WILL LOVE THE NEXT ADMIRAL TEAM THAT TAKES THE ICE,
SO THANKS FOR HOW WELL YOU RUN IT AS WELL AND I KNOW WE HAVE A
LITTLE BUSINESS WITH YOU GUYS TOO AND WE ALL DID WELL THIS
YEAR. AS YOU KNOW, BECAUSE THE
ATTENDANCE WAS SO WELL, THE ECONOMICS OF THE SITUATION WERE
FAVORABLE FOR US AS WELL, SO -- >> DEFINITELY.
>> -- I DON'T KNOW IF ANYBODY ELSE WANTED TO ADD ANYTHING TO
THAT. THE BEER WAS COLD, EVERYTHING
WAS GREAT. >> YEAH, THAT'S THE BAD PART
ABOUT RUNNING THE TEAM, I DON'T GET TO TRY ANY OF THAT COLD
BEER. >> ALL RIGHT.
THANK YOU. >> THANK YOU.
>> THAT CONCLUDES THE CEREMONIAL MATTERS.
PUBLIC HEARING NUMBER ONE, PLEASE.
>> PUBLIC HEARING ONE, SCHEDULED THIS DAY PURSUANT TO ACTION OF
THE COUNCIL ON JUNE 26, 2012, ON THE APPLICATION OF HOLY
SMOKES RESTAURANT FOR A CHANGE OF ZONING FROM CONDITIONAL C-2,
CORRIDOR COMMERCIAL, DISTRICT TO C-2 DISTRICT, AND FOR A SPECIAL
EXCEPTION TO OPERATE AN EATING AND DRINKING ESTABLISHMENT ON
PROPERTY LOCATED AT 2700 HAMPTON BOULEVARD.
BY A 6-0 VOTE, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> AND MR. SMALL IS HERE TO ANSWER ANY QUESTIONS IF WE HAVE
ANY. CALL THE ROLL, PLEASE.
>> I HAVE TWO ORDINANCES. FIRST AS ORDINANCE TO REZONE
PROPERTY LOCKED AT 2700 HAMPTON BOULEVARD IN ORDER TO REMOVE
CONDITIONS ON PROPERTY ZONED CONDITIONAL C-2.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. >> I HAVE AN ORDINANCE GRANTING
A SPECIAL EXCEPTION TO PERMIT THE OPERATION OF AN EATING AND
DRINKING ESTABLISHMENT ON PROPERTY LOCATED AT 2700 HAMPTON
BOULEVARD. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
THANKS FOR COMING DOWN, MR. SMALL, APPRECIATE IT.
PUBLIC HEARING TWO, PLEASE. >> PUBLIC HEARING TWO SCHEDULED
THIS DAY PURSUANT TO ACTION OF THE COUNCIL ON JULY 10, 2012,
UNDER THE STATE LAW, ON THE APPLICATION OF CHILDREN'S
HOSPITAL OF THE KING'S DAUGHTERS FOR THE CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THE NORTHEASTERN CORNER OF RIVERVIEW
AND SOUTHAMPTON AVENUES. BY 6-0 VOTE, PLANNING COMMISSION
RECOMMENDS APPROVAL. >> NO MEMBER OF THE PUBLIC HAS
SIGN UP TO ADDRESS THE COUNCIL ON THIS ISSUE.
YOU CAN CALL THE ROLL. >> I HAVE AN ORDINANCE CLOSING,
VACATING, AND DISCONTINUING A PORTION OF RIVERVIEW AVENUE AND
SOUTHAMPTON AVENUE AND AUTHORIZING THE CONVEYANCE OF
ANY INTEREST THE CITY MAY HAVE IN THE UNDERLYING FEE OF SAID
PORTIONS OF RIVERVIEW AVENUE AND SOUTHAMPTON AVENUE.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. ACTUALLY, R.J. AND ROB BEAMAN
WERE HERE TO ANSWER QUESTIONS IF WE HAD ANY, BUT WE DIDN'T HAVE
ANY. PUBLIC HEARING THREE.
>> PUBLIC HEARING THREE, PUBLIC HEARING SCHEDULED THIS DAY
PURSUANT TO ACTION OF THE COUNCIL ON JULY 10, 2012, UNDER
THE STATE LAW, TO HEAR COMMENTS ON A LEASE TO THE VIRGINIA STAGE
COMPANY FOR FIRST FLOOR SPACE IN THE BOUSH STREET GARAGE LOCATED
AT 220 BOUSH STREET. >> CALCULATE ROLL.
>> I HAVE AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN THE
CITY OF NORFOLK AS LANDLORD AND VIRGINIA STAGE COMPANY AS TENANT
FOR THE LEASE OF THAT CERTAIN PROPERTY OWNED BY THE CITY OF
NORFOLK LOCATED AT 220 BOUSH STREET, NORFOLK, VIRGINIA, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE LEASE AGREEMENT ON
BEHALF OF THE CITY OF NORFOLK. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
THE CONSENT AGENDA, IS THERE ANY ITEM ON THE CONSENT AGENDA THAT
ANY MEMBER OF THE COUNCIL WOULD LIKE TO HAVE CONSIDERED
SEPARATELY? GOOD, CALL THE ROLL.
>> TO APPROVE THE CONSENT AGENDA, MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. >> AN ORDINANCE DIRECTING THE
CITY TREASURER TO REFUND TO THE MASA CORPORATION $2,572.29 BASED
UPON THE CORRECTION OF BUSINESS LICENSE TAX ASSESSMENTS FOR TAX
YEAR 2012. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. JUST FOR FULL DISCLOSURE, MY
BROTHER OWN THE MASA CORPORATION AND HIS FAMILY, SO JUST TO
MENTION THAT, BUT I HAVE NO OWNERSHIP WHATSOEVER IN IT, SO I
VOTE AYE. R-2.
>> AN ORDINANCE DIRECTING THE CITY TREASURER TO REFUND TO
WOODLAWN MEMORIAL GARDENS, INC., $5,228.17 BASED UPON THE
CORRECTION OF BUSINESS LICENSE TAX ASSESSMENTS FOR TAX YEAR
2012. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> PAUL, CAN I SAY SOMETHING?
IS IT POSSIBLE THAT BERNARD BEING HERE, HE CAN EXPRESS WHY
WE'RE RETURNING THESE FUNDS EACH TIME?
>> YES. I'LL START TO PUT IT IN YOUR
TRANSMITTAL LETTER. >> I KNOW, BOUGHT TALKING ABOUT
FOR THE -- BUT TALKING ABOUT FOR THE CITIZENS WATCHING, THEY
SHOULD KNOW WHY WE'RE GIVING MOAN BACK.
>> THIS WAS A MATHEMATICAL ERROR THAT THIS TAX IS SELF ASSESSING
AND CALCULATING AND A FORM IS SENT OUT.
WOODLAWN MADE A MATHEMATICAL ERROR AND THIS IS THE CORRECTION
OF THAT ERROR. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> WHEN THAT SELF ASSESSMENT
HAPPENS, THERE'S NO STAFF MEMBERS?
IS IT THE COMMISSIONER OF THE REVENUE THAT REVIEWS THAT AND --
>> YES, AND THAT IS PART OF THAT PROCESS OF CATCHING IT.
>> OKAY, AYE. >> DR. WHIBLEY.
>> SO WE CAUGHT IT OR DID THE WOODLAWN DETERMINE THAT IT
WAS -- YOU SAID SELF ASSESSMENT. >> THE COMMISSIONER OF REVENUE
CAUGHT IT. IT WAS SELF ASSESSING AND
WOODLAWN SUBMITTED IT AND THE COMMISSIONER OF REVENUE LATER
CAUGHT IT IN HIS REVIEW PROCESS. >> WOULD THAT BE THE SAME FOR
ALL OF THESE WE'VE DONE TODAY? >> NO.
THE FIRST ONE WAS BECAUSE THE BUSINESS MOVED TO VIRGINIA BEACH
AND IT PAID THE FULL YEAR'S TAX. >> SO EACH TIME IT CHANGES.
>> YES. >> OKAY.
AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-3.
>> AN ORDINANCE DIRECTING THE CITY TREASURER TO REFUND GLOBAL
SECURITY TECHNOLOGIES, INC., $4,293.05 BASED UPON THE
CORRECTION OF BUSINESS PERSONAL PROPERTY TAX ASSESSMENTS FOR TAX
YEAR 2011. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> EXPLAIN THIS ONE.
>> THIS ONE IS JUST ABOUT THE REVERSE OF THE LAST ONE.
IN THIS INSTANCE, GLOBAL SECURITY HAD FILED AND REVIEWED
IT AND CAUGHT THEIR OWN MISTAKE AND REFILED AND THE COMMISSIONER
WAS ABLE TO ASCERTAIN THAT THE REFILING WAS CORRECT AND SO THIS
IS THE BALANCING OF THAT. >> AYE.
>> WOULDN'T IT BE MOST OF THESE THAT WERE PAID EVEN IN '12?
THEY WERE DUE SO THIS WOULD HAVE BEEN --
>> SOME OF THESE HAVE BEEN PAID. THESE ARE REFUNDS.
>> SO IF THEY HAVE BEEN PAID, THEN SHE DIDN'T CATCH IT.
>> IN THIS INSTANCE, THE TAXPAYER CAUGHT IT AND THIS WAS
A GLOBAL SECURITIES REALIZING THAT THEY HAD MADE AN ERROR.
>> I'M TALKING ABOUT THE TAX YEAR '12, BUSINESS LICENSE.
BASED ON THE DATE THAT THE BUSINESS LICENSE IS DUE AND IF
THEY -- THEY WOULD HAVE PAID IT. >> RIGHT.
THAT'S RIGHT. >> AND SO IF THEY PAID IT, THEN
IT'S A REFUND. >> RIGHT.
>> OKAY. SO SHE DIDN'T CATCH IT.
>> NOT UNTIL AFTER IT WAS PAID, RIGHT.
YOU'RE RIGHT. >> OKAY.
>> SOUNDS LIKE YOU KNOW YOUR BUSINESS.
>> RIGHT. >> OKAY, GO AHEAD.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-4. >> AN ORDINANCE DIRECTING THE
CITY TREASURER TO REFUND TO TOMPKINS BUILDERS, INC.,
$26,265.05 BASED UPON THE CORRECTION OF BUSINESS LICENSE
TAX ASSESSMENTS FOR CALENDAR YEARS 2009 THROUGH 2012.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> COULD I GET AN EXPLANATION OF THIS, PAUL?
>> SURE, YES, SIR. >> BERNARD?
>> THIS WAS THE OVERREPORTING OF THE GROSS RECEIPTS.
THIS IS A BUSINESS LICENSE TAX BASED UPON THAT AND THE COMPANY
HAD OVERREPORTED ITS GROSS RECEIPTS, AND IT HAD ACTUALLY
ALSO UNDERREPORTED ITS PERSONAL PROPERTY TAX VALUE, SO IT WAS A
LITTLE BIT OF AN OFFSET, BUT THE OVERREPORTING WAS GREATER THAN
THE UNDERREPORTING, SO THEY'RE ENTITLED TO THIS REFUND OF
$26,000. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> THIS IS PROBABLY MORE OF A
QUESTION FOR THE CITY MANAGER. WHEN WE DO OUR BUDGET, HOW MUCH
DO WE BUILD INTO OUR BUDGET FOR ERROR REASONS WHEN THIS HAPPENS?
LIKE DO WE -- WHEN WE BUILD OUR BUDGET, DO WE ACCOUNT FOR THE
POSSIBILITY OF ALL THESE ERRORS HAPPENING?
>> SURE. IT DEPENDS ON THE TAX.
WE ACTUALLY HAVE A LINE THAT IS A REFUND LINE AND IN SOME CASES
IT'S WHAT'S COLLECTIBLE, SO WE DON'T ASSUME WE'RE GOING TO
COLLECT 100% OF THE TAX. SOMETIMES THE COLLECTION RATE
MAY BE LESS THAN THAT, BUT IT VARIES FROM TAX TO TAX AND WE
CAN GET THAT TO YOU. >> SO THE AMOUNT WE'VE BEEN
VOTING ON SO FAR THIS YEAR, ARE WE WITHIN THAT NUMBER THAT WE'VE
BUDGETED? >> I'LL HAVE TO GET THAT FOR
YOU. >> THEY PAY THE MONEY.
>> RIGHT. >> SO IT'S JUST, THE QUESTION IS
WHETHER -- >> WE'VE EXPECTED THAT AS
INCOME. >> RIGHT, AND I AGREE.
>> SO NOW, WE HAVE TO GIVE THAT BACK, SO I JUST WANT TO MAKE
SURE WE HAVE A LINE SOMEWHERE THAT SHOWS, YOU KNOW, THAT WE
WERE EXPECTING SOME OF THIS TO HAPPEN AND WE WERE ACCOUNTING
FOR THIS. >> A RECONCILIATION.
>> RIGHT. AND WE DO.
>> BUT THE THING IS, IN ANY OF THESE INSTANCES, THE 10%
INTEREST, WAS IT APPLIED? >> I'M NOT SURE IF ANY OF THESE
HAD BEEN LATE. THAT'S THE INTEREST RATE THAT'S
APPLIED TO A LATE PAYMENT. >> BUT HERE IS '09 AND '12.
>> BUT THAT'S A REFUND. >> RIGHT, BUT WE HELD THAT
MONEY. WE HELD IT, THEY PAID THIS
MONEY. >> THE VICE MAYOR IS CORRECT.
WHEN WE HAVE AN OVERPAYMENT, WE'RE OBLIGATED TO PAY THE SAME
INTEREST RATE THAT WE WOULD HAVE COLLECTED IN THE EVENT THAT IT
WAS A DELINQUENCY, SO THAT ON OUR REFUNDS, WE ARE PAYING
INTEREST, YES. >> AYE.
>> WE DISCUSSED THIS A COUPLE OF WEEKS AGO, TOMMY.
I DON'T RECALL IF YOU WERE HERE OR NOT, BUT BARCLAY BROUGHT IT
UP TOO AND THESE ARE REFUNDS THAT I THINK WE'VE ALWAYS MADE.
I WANTS JUST A MATTER OF -- IT'S JUST A MATTER OF THERE WAS AN
ORDINANCE THAT WE PASSED THAT REQUIRED -- WHAT WAS IT,
ANTHONY? SOME FORMAL MANNER OF MAKING THE
REFUND IF THE AMOUNT WAS OVER -- >> WE JUST GOT IN LINE WITH THE
STATE CODE. >> OKAY, SO WE BROUGHT OURSELVES
INTO COMPLIANCE WITH THE STATE CODE.
>> BUT IF A PERSON PAYS ON TIME AND WE FIND OUT LATER, THREE
YEARS LATER, THAT THEY WERE ERRONEOUSLY ASSESSED, AND WE
HAVE TO REFUND THEM THE AMOUNT THAT WAS ERRONEOUSLY ASSESSED
PLUS THE 10%, THEY DIDN'T PAY THE 10 PS.
THERE'S NO NOWHERE IN AMERICA YOU CAN GET 10% ON YOUR MONEY.
SO IN SOME CASES WE'RE GIVING AWAY MONEY.
IT OFFSET THE INSTANCES WHERE PEOPLE ARE LATE AND WE CHARGED
THE 10%, BUT IN CERTAIN INSTANCES LIKE THIS PARTICULAR
CASE HERE, THEY'RE GETTING MORE MONEY THAN THEY PAID TO US.
>> ARE THEY GETTING MORE MONEY IF IT'S A SELF REPORTING TAX AND
THEY OVERREPORTED THEIR GROSS RECEIPTS?
IF THEY OVERREPORTED THEIR GROSS RECEIPTS, IT'S NOT FAULT.
>> THAT'S RIGHT, THAT'S RIGHT. IT WOULD BE ONLY THE EVENT OF
OUR FAULT. >> THEY'RE GETTING THE MONEY
BECAUSE HE DIDN'T DISPUTE IT. WE'RE PAYING IT.
>> NO, BUT WHY QUESTION IS, IF THEY OVERSTATED THEIR GROSS
RECEIPTS, THEN THEY ARE OVERSTATED IT.
>> THAT'S WHY WE HAVE A PROCESS IN PLACE THAT WORKS ITSELF
THROUGH HIM, THROUGH THE ADMINISTRATION, THROUGH THE
COUNCIL, THAT ONCE THAT'S -- WON IT GETS TO US, IT'S DETERMINED
WHETHER OR NOT WE REFUND THIS MONEY, SO IN THIS PARTICULAR
CASE, IT HAS BEEN DETERMINED THAT WE REFUND THIS MONEY AND IF
IT'S FROM '09, '12, WE'RE GOING TO PAY THE 10% ON EACH YEAR.
>> UNLESS THEY PAY A -- THEY OVERPAID BY THEIR ERROR.
>> THAT'S WHAT I'M SAYING. IF THEY MADE THE MISTAKE --
>> WE CHARGED THEM TOO MUCH WRONGFULLY, WE OWE THEM.
THEY REPORTED IT WRONG, THEN WE DON'T OWE THEM.
>> RIGHT. >> BASED ON WHAT HE JUST SAID,
ONLY IF -- HE WOULD HAVE TO DISPUTE IT WITH THE COMPANY AND
HE WOULD HAVE TO TAKE THEM TO COURT TO SAY THAT WE DON'T OWE
YOU THIS MONEY. >> NO, NO, NO I DON'T MEAN THAT.
I'M TALKING ABOUT THE 10% INTEREST.
>> THAT'S WHAT I'M SAYING. >> NOT THE REFUND ITSELF.
BUT THE 10%. IF THEY OVERREPORTED THEIR GROSS
RECEIPTS, IT IS NOT OUR FAULT THAT THEY OVERSTATED THEIR GROSS
RECEIPTS. WE OWE THEM A REFUND FOR WHAT WE
COLLECTED, BUT WE SHOULD NOT OWE THEM 10% BECAUSE THEY OVERSTATED
WHAT THEY MADE. >> THE BOTTOM LINE, THE WAY THAT
THE PROCESS WORKS, HE WOULD DETERMINE THAT, THAT'S WHY IT
GOES TO THE ATTORNEY, TO THE ADMINISTRATION, TO THE COUNCIL.
HE'S IN A POSITION TO TELL US WHETHER OR NOT THERE WAS 10% AS
RELATED TO THIS '09 AND '12, WAS 10% APPLIED TO THIS PARTICULAR
COMPANY, ARE THEY RECEIVING THAT?
THE OTHER ONES, BECAUSE IT'S IN '12, NO, BUT WHEN YOU SEE
INSTANCES WHERE IT'S BEEN THREE YEARS PLUS CURRENT YEAR, THEN
THAT'S THE CASE. NOW, AND HE COULD TELL US
DIFFERENT, BUT HE COULD BASICALLY -- HE MIGHT HAVE TO GO
BACK AND LOOK TO SEE IF 10% WAS APPLIED TO THESE YEARS HERE, BUT
THAT'S THE WAY -- THAT'S THE MECHANICS OF THE WAY IT WORKS.
>> SO NO MATTER WHOSE FAULT IT IS, WE'RE GIVING THEM MONEY, WE
REFUNDING THEM BACK, WE STILL HAVE TO PAY 10%, NO MATTER IF
THEY OVERREPORTED OR WHATEVER THE CASE IS?
WE STILL HAVE TO GIVE THEM 10% BACK?
>> NO, THAT'S NOT WHAT I'M SAYING.
LIKE I SAID, HE MAKES THAT DETERMINATION.
HE WORKS WITH THE COMMISSIONER AND IT MOVES UP TO THE
ADMINISTRATION, TO THIS BODY, AND THEN IT'S DETERMINED WHETHER
OR NOT WE REFUND THE MONEY. >> WHERE ARE WE?
DID YOU -- DR. WHIBLEY. >> DR. WHIBLEY.
>> YES? WHAT DO YOU WANT.
>> A VOTE. >> WHERE ARE WE?
>> WE'RE ON R-4. >> I VOTED.
>> I'M SORRY, WHICH ONE? >> YOUR VOTE FOR R-4, DR.
WHIBLEY. >> OKAY, AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-5. >> AN ORDINANCE DIRECTING THE
CITY TREASURER TO REFUND TO CHECKERED FLAG STORE NUMBER 1,
LLC, $12,172.64 BASED UPON THE CORRECTION OF BUSINESS LICENSE
TAX ASSESSMENTS FOR TAX YEAR 2012.
>> ALL RIGHT, BARCLAY. >> THIS ONE IS OVERREPORTING ON
CHECKERED FLAG'S PART. IT'S ANOTHER OVERREPORTING ON
BUSINESS RECEIPTS AND CHECKERED FLAG HAD OVERREPORTED IT, SO
THIS IS THE CORRECTION OF THE GROSS RECEIPTS AMOUNT.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> WOULD WE ANTICIPATE THAT THERE WILL BE MORE REFUNDS ON
FURTHER AGENCIES? >> YES.
>> IF SO, THEN I WOULD SUGGEST THAT PERHAPS THIS INFORMATION BE
GIVEN TO US AHEAD OF TIME. >> IT'S A PART OF YOUR DOCKET.
WE HAVE IT IN THE PACKAGE. >> BUT THE REASON I WANTED --
>> WHAT I'M ASKING IS, I GUESS WHAT THEY'RE ASKING FOR.
>> THE PUBLIC NEEDS TO UNDERSTAND THIS.
>> AND IT'S NOT AVAILABLE ON THE AGENDA?
>> THEY DON'T GET THAT. >> THEY EITHER NEED TO HEAR IT
EITHER ON TELEVISION OR IN THE GALLERY.
THAT'S WHY IT SHOULD BE PHONE AS TO WHY WE'RE DOING THIS BECAUSE
WHEN WE FIRST CAME ON -- AND I APOLOGIZE, PAUL.
>> YOU'RE RIGHT. WE'VE NEVER DONE THIS UNTIL NOW.
>> I'VE NEVER SEEN IT BEFORE. >> THERE'S A PROLIFERATION OF
THESE AND I'M NOT SAYING IT IN A DISFAIR RAGING WAY TO ANY
ELECTED OFFICER, WHETHER IT'S THE COMMISSIONER OF REVENUE OR
ANYONE ELSE. THIS IS SOMETHING WE'RE STARTING
TO SEE MORE FREQUENTLY AND PERHAPS IT NEEDS TO BE EXPLAINED
AND PERHAPS WE SHOULD HAVE AT SOME POINT SOME TYPE OF
UNDERSTANDING OF THIS AS TO WHY WE'RE RETURNING FUNDS.
IS THIS SOMETHING THAT OTHER CITIES ARING.
>> I HAVEN'T WATCHED THE BEACH'S COUNCIL.
IS THERE SOMETHING WE'RE CATCHING AND THAT'S GOOD FOR THE
CITIZENS, WE'RE CATCHING IT AND RETURNING THE FUNDS, SO BE IT
AND THAT'S WONDERFUL. BUT WE NEED TO TRY TO GET A
HANDLE ON WHERE ADMINISTRATIVELY THIS IS ENDING UP HERE AND WE'RE
RETURNING MONEY. >> WASN'T THIS THE RESULT OF AN
ORDINANCE BEFORE WE GOT ON COUNCIL THAT REQUIRES THESE TO
NOW BE VOTED ON AS -- >> NO, THIS WAS -- WE LOOKED AT,
AGAIN, LOOKING AT THE CODE, WORKING WITH BERNARD.
WE WERE NOT IN COMPLIANCE WITH THE STATE CODE IN TERMS OF HOW
WE HANDLED ERRONEOUS ASSESSMENTS.
AND ANYTHING OVER 2500 HAD A PROCESS THAT IT HAD TO GO
THROUGH. THIS IS THAT PROCESS.
WE WERE NOT DOING THAT. WE WERE JUST -- IT WOULD COME
OVER FROM THE COMMISSIONER OF REVENUE'S OFFICE AND WE WOULD
REFUND IT, BUT THAT IS NOT THE WAY THAT THE STATE CODE READS.
WE WENT THROUGH, MET WITH THE CITY MANAGER AND THE CITY
ATTORNEY TO WORK THAT OUT AND SAID WE HAVE TO BE IN
COMPLIANCE. OUR CITY CODE HAS TO REFLECT
STATE CODE. NOW WE'RE IN ALIGNMENT AND SO
THAT'S WHY THESE COME TO COUNCIL NOW.
>> BUT IN DISCUSSION WITH THE CITY MANAGER, THIS IS NOT AN
INORDINATE AMOUNT, JUST LOOKS LIKE A RUN ON IT BECAUSE WE
CHANGED THE LAW AND WEREN'T DOING IT BEFORE.
>> RIGHT, EXACTLY. >> CORRECT ME IF I'M WRONG,
MARCUS. WE'RE IN THE SAME BALLPARK THAT
WE ARE REFER I YEAR, EXCEPT NOW WE HAVE THIS REPORTING STANDARD.
IT LOOKS LIKE WE'VE ALL OF A SUDDEN GOTTEN INCOMPETENT, BUT
IN FACT IT'S BEEN GOING ON FOR YEARS AND YEARS.
>> WE HAVE THOUSANDS OF THESE BILLS THAT COME THROUGH.
>> THIS IS NOT SOMETHING THAT JUST HAPPENED AND NOW WE'RE --
WE'RE FINALLY REPORTING PROPERLY.
WE SHOULD HAVE BEEN DOING IT FOR X-NUMBER OF YEARS.
>> EXACTLY. >> SO IT'S NOT SOMETHING THAT
EVERYBODY SAYS WOW, YOU'RE REFUNDING ALL THIS MONEY THAT'S
WRONG. IN THE COURSE OF BUSINESS, AS
MARCUS EXPLAINED TO US, IT IS NOT OUTSIDE OF THE LIMITS OF
WHAT WE NORMALLY DO. >> YEARLY.
>> AND A LOT OF TIMES IN THE SELF ASSESSING TAXES, THE
BUSINESS LICENSE AND THE BUSINESS PERSONAL PROPERTY
TAXES, THOSE FORMS ARE FILLED OUT BY ACCOUNTANTS AND CPAs AND
OTHER PEOPLE WHO MAY NOT EVEN BE IN THE OFFICE.
>> I KNOW. WE LIVE IT.
>> AND SO A LOT OF TIMES, THERE'S INFORMATION THERE THAT
MAY OR MAY NOT BE ACCURATE, BUT SOMETIMES THE ACCOUNTANTS AND
CPAs, WHEN IT'S OTHER PEOPLE'S MONEY, I'VE SEEN THEM PAY
BUSINESS LICENSES TWICE. >> EVERYBODY TRIES TO GET IT
RIGHT, THERE'S NO -- >> YEAH.
>> TRUST ME, EVERYBODY TRIES TO MAKE IT RIGHT AND I KNOW THIS IS
WHAT'S HAPPENING HERE, BUT AT LEAST WE'RE STARTING TO SEE, AS
I UNDERSTAND IT'S THE SUNSHINE LAW THAT MAKES US PUT IT OUT IN
THE OPEN AND THAT'S TERRIFIC, BUT I THINK WE NEED TO EXPLAIN
WHY WE GIVE MONEY BACK AND THE TAXPAYERS SHOULD KNOW THAT.
THAT'S MY WHOLE POINT, WHEN WE ARE RETURNING FUNDS 25,,000 OR
WHATEVER, IT SHOULD BE UNDERSTOOD WHY WE'RE STROKING
CHECKS BACK. THAT'S MY WHOLE POINT.
>> AND THE LARGE PART OF THIS IS BECAUSE OF THAT ORDINANCE WE PUT
IN PLACE THAT THE COUNCIL PASSED --
>> I'M NOT SAYING IT'S INCOMPETENT OR WRONG.
>> BUT ARE THERE WAYS TO PREVENT THAT?
THAT WAS MY ORIGINAL QUESTION. WE HAVE STAFF, WHATEVER OFFICE
ITS OUT OF, WE HAVE STAFF THAT'S RESPONSIBLE THEN FOR TAKING THIS
WHEN THESE HAPPEN BACK IN 2008 AND 2009 AND CATCHING THOSE
ERRORS, SOME ARE CAUGHT, SOME ARE NOT CAUGHT, BUT WE DO HAVE
SOME WAY OF CATCHING THESE BEFORE IT EVEN COMES TO -- BACK
TO COUNCIL. AM I CORRECT?
>> IN A PERFECT WORLD, NONE OF THEM OUGHT TO HAPPEN.
>> AND MY GUESS IS, I MEAN, MY UNDERSTANDING IS THEY DO CATCH A
LOT OF THEM. >> THIS IS A RESULT OF THE
COUNCIL PUTTING IN PLACE A PLAN THAT BASICALLY SAID THAT IN
ORDER FOR YOU TO GET YOUR BUSINESS LICENSE, YOUR
DELINQUENT TAXES HAD TO BE PAID, WHETHER IT BE PERSONAL PROPERTY,
BUSINESS LICENSE, SO ON AND SO FORTH.
WHEN PEOPLE STARTED GETTING THOSE NOTICES, THEY STARTED TO
PAY MORE ATTENTION TO THAT SELF ASSESSING, AND THEY STARTED TO
COME IN AND SAY, LOOK, THIS IS NOT WHAT MY BUSINESS IS DOING.
AND SHE HAD TO GO BACK IN SOME INSTANCES AND LOOK AND THEY
WOULD COME IN AND HAVE A CONVERSATION AND SO YOU'RE GOING
TO SEE SOME OF THESE, AND THROUGH ATTRITION, MOST OF THESE
WILL BE CORRECTED, BUT AGAIN, BECAUSE THIS IS THE FIRST YEAR
THAT WE HAD THAT ORDINANCE IN PLACE, WE ANTICIPATED THAT A LOT
OF THESE WILL BE COMING THROUGH. BUT -- AND NEXT YEAR, YOU
SHOULDN'T SEE THE FREQUENCY OF THESE COMING THROUGH.
>> OKAY. READY?
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-6. IS THAT RIGHT?
>> YES, SIR. >> AN ORDINANCE DIRECTING THE
CITY TREASURER TO REFUND TO DEPUY ORTHOPAEDICS, INC.,
$19,089.80 BASED UPON THE CORRECTION OF BUSINESS PERSONAL
PROPERTY TAX ASSESSMENTS FOR TAX YEAR 2012.
>> BERNARD, QUICKLY. >> THIS IS A CASE WHERE DEPUY
ORTHOPAEDICS ADD MADE A MISTAKE AND THE COMMISSIONER OF
REVENUE'S OFFICE CAUGHT IT AND THIS IS THE CORRECTION OF THAT
MISTAKE. >> OKAY.
CALL THE ROLL. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-7. >> A RESOLUTION ADOPTING THE
NORFOLK COMMUNITY SERVICES BOARD MONEY PURCHASE PLAN TO
FACILITATE THE PLAN'S TERMINATION AND APPOINTING THE
CITY OF NORFOLK AS PLAN ADMINISTRATOR BEGINNING JULY 1,
2012. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-8. >> AN ORDINANCE ACCEPTING,
APPROPRIATING, AND AUTHORIZING THE EXPENDITURE OF $4,877,377 IN
GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA FOR
FISCAL YEAR 2013 COMPREHENSIVE SERVICES ACT FOR AT-RISK YOUTH
AND FAMILIES FUNDS POOL, APPROPRIATING AND AUTHORIZING
THE EXPENDITURE OF $2,469,000 IN LOCAL MATCHING FUNDS FROM THE
CITY OF NORFOLK DEPARTMENT OF HUMAN SERVICES AND NORFOLK
PUBLIC SCHOOLS AND $100,000 IN RECOVERED FUNDS FOR FISCAL YEAR
2013 MEDICAID PROGRAMS. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-9. >> AN ORDINANCE ACCEPTING
$100,000 IN USDA PROGRAM REIMBURSEMENT FUNDING FOR THE
FISCAL YEAR BEGINNING JULY 1, 2012, AND ENDING JUNE 30, 2013,
FROM THE VIRGINIA DEPARTMENT OF JUVENILE JUSTICE FOR THE USDA
SCHOOL NUTRITION BREAKFAST, LUNCH, AND SPECIAL MILK PROGRAM
FOR THE FOOD SERVICE OPERATION AT THE NORFOLK JUVENILE
DETENTION CENTER AND APPROPRIATING AND AUTHORIZING
THE EXPENDITURE OF THE FUNDS FOR THE PROGRAM AT THE JUVENILE
DETENTION CENTER. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-10. >> AN ORDINANCE ACCEPTING A
GRANT IN THE AMOUNT OF $1,140,457 FROM THE VIRGINIA
DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR THE NORFOLK
CRIMINAL JUSTICE SERVICES AGENCY, WHICH INCLUDES THE
PRETRIAL SERVICES AND ADULT COMMUNITY SUPERVISION DIVISIONS,
FOR FISCAL YEAR 2012-2013, APPROPRIATING AND AUTHORIZING
THE EXPENDITURES OF THE $1,140,457 AND $155,100 IN LOCAL
FUNDING FOR THE NCJS AGENCY AND AUTHORIZING THE EMPLOYMENT OF 22
PERSONS IN THE NCJS AGENCY AND PROVIDING FUNDS FOR THEIR
SALARIES AND BENEFITS. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-11. >> AN ORDINANCE ACCEPTING
$639,899 IN FUNDING FROM THE COMMONWEALTH OF VIRGINIA
DEPARTMENT OF JUVENILE JUSTICE FOR FISCAL YEAR 2013 IN SUPPORT
OF THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT
PROGRAM, APPROPRIATING AND AUTHORIZING THE EXPENDITURE OF
FUNDS OF $639,899 IN LOCAL CASH MATCHING FUNDS FOR TOTAL PROGRAM
FUNDING IN THE AMOUNT OF $1,279,798 TO BE ADMINISTERED BY
THE CITY’S DEPARTMENT OF HUMAN SERVICES.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-12.
>> AN ORDINANCE TO AMEND AND REORDAIN THE GENERAL PLAN
REGULATIONS ATTACHED TO THE FISCAL YEAR 2013 COMPENSATION
PLAN ORDINANCE SO AS TO DELETE AND ADD TITLES TO THE JOB CODE
TABLE AND REVISE SUBSECTIONS (B)(3) AND (D) OF SECTION 11
CONCERNING OVERTIME AND SUBSECTION (6) OF SECTION 16.
>> JANE BETHEL? >> GOOD EVENING, MAYOR FRAIM,
CITY COUNCIL MEMBERS. MY NAME IS JANE BETHEL.
I LIVE AT 5632 BRENDON BOULEVARD AND I WAS ASKED IF I WAS FOR OR
AGAINST R-12. MY ANSWER WAS A LITTLE BIT OF
BOTH. THE MEMBERS OF THE HAZARDOUS
WASTE UNIT AT WASTE MANAGEMENT WHO ASKED ME TO ADVOCATE FOR A
STIPEND BECAUSE OF THE SPECIALIZED CERTIFICATIONS THEY
MUST EARN AND THE DAY-TO-DAY HANDLING OF HAZARDOUS HOUSEHOLD
WASTE, POSING POTENTIAL HEALTH THREATS, VERY MUCH APPRECIATE
THE 5% STIPEND. THE EMPLOYEES WHO DID NOT
RECEIVE THE OVERTIME PAY FOR THE WEEK OF JUNE 23rd THROUGH JUNE
29th ARE NOT SO APPRECIATIVE. AT THE LAST COUNCIL MEETING, I
RESPECTFULLY PROTESTED IMPLEMENTING A NEW POLICY THAT
RETROACTIVELY AFFECTED EMPLOYEES COMPENSATION.
I REQUESTED THAT SINCE THE POLICY CHANGE WAS NOT
COMMUNICATED BEFORE IT WAS IMPLEMENTED, THAT THE CITY
SHOULD HONOR THE THEN CURRENT PRACTICE OF ALLOWING PAID TIME
OFF SUCH AS ANNUAL LEAVE TO COUNT AS TIME WORKED.
I THOUGHT THAT AFTER THE MEETING, THIS WAS GOING TO BE
WORKED OUT WITH EMPLOYEES, BUT IT WAS NOT.
I AM RESPECTFULLY REQUESTING THE CITY ADJUST EMPLOYEE
COMPENSATION FOR THE EMPLOYEES WHO LOST OVERTIME PAY FOR THE
PERIOD JUNE 23rd THROUGH JUNE 29th.
I'M ALSO ASKING, AGAIN, THAT THE CITY PUBLISH THE AMENDED LAW
THAT ALLOWS EMPLOYEES TO BE POLITICALLY ACTIVE IN THE
ADMINISTRATIVE POLICIES. THIS STATE LAW IS NOW THREE
YEARS OLD AND HAS YET TO BE ADDED TO THE ADMINISTRATIVE
POLICY MANUAL. AS PRESIDENT OF THE LOCAL, I AM
REQUESTING TO BE ALLOWED TO PEACEFULLY SOLIS IT WILL
MEMBERSHIP IN THE EMPLOYEE UNION BY PLACING FRYERS THAT ADVERTISE
OUR BI-MONTHLY MEETINGS ON THE LAST THURSDAY OF EVERY MONTH AT
THE IRONWORKERS UNION HALL ON EMPLOYEE BULLETIN BOARDS.
OUR NEXT MEETING IS THIS THURSDAY.
WE'RE ALSO HAVING A MEMBERSHIP DRIVE ON SATURDAY, AUGUST THE
4th W A COOK OUT OPEN TO ALL EMPLOYEES AT THE IRONWORKERS
UNION HALL AND WE WOULD LIKE TO POST FLYERS INVITING EMPLOYEES
ON THE EMPLOYEE BULLETIN BOARDS. PEACEFUL SOLICITATION OF UNION
MEMBERSHIP IS PROVIDED FOR IN VIRGINIA'S RIGHT TO WORK LAW.
THANK YOU FOR YOUR KIND CONSIDERATION OF THESE REQUESTS.
>> BERNARD, IS THERE ANY LEGAL REASON WHY SHE CAN'T POST
SOMETHING ON THE EMPLOYEE BULLETIN BOARD?
>> NO, THE BOARDS ARE MANAGED BY US AND I DON'T KNOW IF THERE'S
ANY RESTRICTIONS AT ALL. >> SO THERE'S NO PROBLEM WITH
YOU PUTTING INFORMATION ON THE -- YOU'RE TALKING ABOUT THE
BULLETIN BOARD ON THE FOURTH FLOOR?
>> WELL, THROUGHOUT THE CITY. THERE IS AN EMPLOYEE BULLETIN
BOARD IN EACH DEPARTMENT, PEOPLE BUT THEIR LITTLE, YOU KNOW,
BUSINESS CARDS OR MENUS AND WHATEVER FOR JUST EMPLOYEES.
WE'D LIKE A LITTLE SPOT WHERE WE CAN POST OUR FLYERS.
>> I THINK IF YOU FIND A SPOT, YOU GET A SPOT, BUT I DON'T
THINK THERE SHOULD BE ANY PROBLEM WITH YOU -- IF YOU CAN
FIND A SPOT, PUTTING YOUR POSTER THERE OR YOUR FLYER THERE.
I MEAN, JUST LIKE, YOU KNOW, YOU FIND A SPOT, YOU GET A SPOT AND
YOU PUT YOUR FLYER THERE. >> WE'VE HAD SOME ISSUES WITH
THEM BEING TAKEN DOWN, SO -- AND OFFICIAL POLICY OR, YOU KNOW,
MAYBE JUST YOU ALL SAYING IT'S OKAY --
>> I DON'T SEE -- THERE'S NO LEGAL REASON THAT THAT CAN'T
HAPPEN. >> IT'S OKAY.
>> OKAY, GREAT, AWESOME, THANK YOU.
>> YOU'RE WELCOME. >> DARRELL CLAYTON.
>> GO AHEAD, DARRELL. >> GOOD EVENING.
MR. MAYOR FRAIM AND MR. MARCUS JONES, CITY ENERGY AND COUNCIL
MEMBERS, MY NAME IS DARRELL CLAYTON, REFER FUSE COLLECTION,
CITY OF NORFOLK HOUSEHOLD HAZARDOUS WASTE DEPARTMENT.
THE SUBJECT I'M COMING BEFORE YOU TODAY IS CONCERNING
SUPPLEMENTAL PAY RECLASSIFICATION, MR. MAYOR
FRAIM, MAYOR OF THIS GREAT CITY, MR. MARK CUSS JONES AND ESTEEMED
COUNCIL MEMBERS, DUE TO THE LIMITED TIME I'M ALLOWED, I WILL
BE BRIEF AND CONCISE. THE LAST SEVERAL MONTHS I'VE
BEEN PROUD TO WORK UNDER A NEW CLASSIFICATION AS A HAZARDOUS
WASTE SPECIALIST, EVEN THOUGH WE HAVE NOT BEEN OFFICIALLY
RECLASSIFIED AS OF YET, WE HAVE FAITHFULLY AND
PROINFORMATIONALLY PERFORM THE DUTY -- PROFESSIONALLY PERFORMED
THE DUTIES AS SUCH. I'M AWARE THAT ONE OF THE ISSUES
EACH OF YOU WILL ADDRESS TONIGHT IS THAT OF GENERAL COMPENSATION
PLAN AMENDMENTS AND ONE OF PARTICULAR INTEREST TO OUR
DEPARTMENT IS THE 5% SUPPLEMENTAL PAY PROPOSAL TO
THOSE OF US SPECIALIZING IN HAZARDOUS MATERIALS, BROUGHT TO
YOU FROM THE CITIZENS OF NORFOLK.
ALTHOUGH WE'RE GRATEFUL YOU HAVE RECOGNIZED THE NEED FOR
COMPENSATION, WE'RE ASKING FOR AT LEAST A 10% SUPPLEMENTAL PAY
INCREASE FOR NOW AND IN THE NEAR FUTURE, COMPLETE
RECLASSIFICATION. WE DO NOT MAKE THIS HUMBLE
REQUEST TO YOU LIGHTLY. AS YOU CAN SEE IN THE DOCUMENTS
I HAVE PRESENTED TO YOU, WE HANDLE VARIOUS DANGEROUS
CHEMICALS, FLAMMABLE LIQUIDS AND SOLIDS WITH EXPLOSIVE POTENTIAL,
ACIDS AND CORROSIVES WITH SERIOUS HEALTH HAZARDS TO THE
BODY, MERCURY BASED PRODUCTS THAT IS DANGEROUS TO THE
RESPIRATORY SYSTEM AND LONG-TERM EFFECTS TO THE BODIES ORGANS.
THESE CHEMICALS ARE NOT PACKAGED AND STORED IN SMALL QUANTITIES,
BUT INSTEAD IN SEVERAL GALLONS AND POUNDS, INCREASING THE RISK
OF THE SPECIALIST WORKING WITH THESE CHEMICALS.
I AM SURE YOU CAN IMAGINE THE VARIOUS HAZARDS TO THOSE WORKING
IN SUCH AN ENVIRONMENT. WE ARE PROUD TO PROVIDE THIS
SERVICE TO OUR COMMUNITY AND TO PROTECT THE ENVIRONMENT FROM THE
HAZARDS THAT WILL ARISE IF THESE CHEMICALS ARE PLACED IN THE
REGULAR HOUSEHOLD WASTE CONTAINERS INSTEAD OF BEING
BROUGHT TO US. DOCUMENT THREE DISPLAYS THE TYPE
MUCH PERSONAL PROTECTIVE EQUIPMENT WE MUST WEAR AS WE
PACKAGE THESE DANGEROUS CHEMICALS.
DOCUMENT FOUR SHOWS WHAT A REFUSE CHECKER ASSISTANT AND
APPRENTICE RECEIVE AT SUPPLEMENTAL PAI, WHICH IS $32 A
WEEK, WHICH IS APPROXIMATELY WHAT WE WOULD RECEIVE IF WE ONLY
GET A 5% INCREASE. I BROUGHT THAT UP BECAUSE WE
RECEIVE 40 HOURS TRAINING IN THE HAZARDOUS CLASS AS WELL AS
EMERGENCY SPILLS, SPILL TRAINING, AND WE ALSO DO VARIOUS
OTHER THINGS, TOO, RELATED TO OUR DEPARTMENT, WHICH REQUIRES
DIFFERENT SKILLS THAN WHAT A REFUSE COLLECTOR ASSISTANT AS
WELL AS APPRENTICE REQUIRES. SO WE HUMBLY ASK THAT YOU WOULD
TAKE ALL OF THIS INFORMATION INTO CONSIDERATION AS YOU REVIEW
OUR REQUEST. THANK YOU SO MUCH.
>> THANK YOU, MR. CLAYTON. THANK YOU FOR BRINGING THIS TO
OUR ATTENTION. THIS IS BOTH A BUDGETARY AND A
PERSONNEL MATTER. WE'LL BE TALKING WITH THE CITY
MANAGER ABOUT HIS POSITION ON THIS AS WELL.
>> THANK YOU, SIR. >> THANK YOU.
CALL THE ROLL. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> I VOTE AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-13. >> AN ORDINANCE PERMITTING LEVIN
FAMILY PROPERTIES TO ENCROACH INTO THE RIGHT OF WAY AT 3230
TIDEWATER DRIVE WITH AWNINGS AND A SIGN.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-14.
>> AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT THE
OPERATION OF A RELIGIOUS INSTITUTION ON PROPERTY LOCATED
AT 200 WEST 28th STREET, 209 WEST 29th STREET, AND 2807
OMOHUNDRO AVENUE. BY A VOTE OF 6-0, PLANNING
COMMISSION RECOMMENDS APPROVAL. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-15. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE OPERATION OF A DAY CARE HOME ON
PROPERTY LOCATED AT 4555 BANKHEAD AVENUE.
BY A 6-0 VOTE, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> RACHEL PINNICK IS HERE TO ANSWER QUESTIONS IF THERE ARE
ANY. THANK YOU, MS. PINNICK.
I DON'T KNOW THAT WE HAVE ANY QUESTIONS.
I THINK WE'RE FINE. THANKS FOR COMING DOWN, THOUGH.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. THANK YOU FOR COMING DOWN.
GOOD LUCK WITH YOUR NEW VENTURE. R-16.
>> AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT THE
OPERATION OF AN EATING AND DRINKING ESTABLISHMENT ON
PROPERTY LOCATED AT 4117 GRANBY STREET, SUITE A.
BY A 6-0 VOTE, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> AND RON PARKER, THE APPLICANT, IS HERE TO ANSWER
QUESTIONS IF THERE ARE ANY. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
THANK YOU, GOOD LUCK. >> OKAY.
>> R-17. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT A RETAIL GOODS ESTABLISHMENT TO
OPERATE AFTER MIDNIGHT ON PROPERTY LOCATED AT 4803
POWHATAN AVENUE. BY A 4-2 VOTE, PLANNING
COMMISSION RECOMMENDS APPROVAL. >> THE ATTORNEY FOR THE
APPLICANT, STEPHEN ROMINE IS HERE TO ANSWER ANY QUESTIONS, AS
IS MR. BAZERALI ON BEHALF OF THE APPLICANT.
THERE ARE NO MEMBER OF THE COMMUNITY SIGNED UP TO ADDRESS
THE COUNCIL ON THIS MATTER. OKAY, YOU CAN CALL THE ROLL.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> NO. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-18.
>> AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT THE
SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION ON
PROPERTY LOCATED AT 5900 EAST VIRGINIA BEACH BOULEVARD, SUITE
206. BY A 6-0 VOTE, PLANNING
COMMISSION RECOMMENDS APPROVAL. >> MR. NUSBAUM IS HERE TO ANSWER
QUESTIONS IF THERE ARE ANY. WHAT HAPPENED TO BRAD LAW VOTING
AGAINST ALL THESE ALL THE TIME? >> ABSENT.
>> HE MIGHT HAVE BEEN ABSENT. >> CALL THE ROLL.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-19.
>> AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT THE
OPERATION OF AN EATING AND DRINKING ESTABLISHMENT ON
PROPERTY LOCATED AT 4110 COLLEY AVENUE.
BY A 5-0 VOTE, ONE ABSTENTION, PLANNING COMMISSION RECOMMENDS
APPROVAL. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-20. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE OPERATION OF AN EATING AND
DRINKING ESTABLISHMENT ON PROPERTY LOCATED AT 409 TO 417
WEST 21st STREET. BY A 6-0 VOTE, PLANNING
COMMISSION RECOMMENDS APPROVAL. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> JUST A QUICK QUESTION FOR
FRANK. YOU DON'T HAVE TO COME UP.
YOU CAN PROBABLY JUST ANSWER. FRANK, HOW MUCH TIME DOES YOUR
STAFF SPEND ON SPECIAL EXCEPTIONS?
IF YOU HAD TO GIVE ME AN ESTIMATE, SPECIAL EXCEPTION
APPLICATIONS? >> PROBABLY 70 TO 80% OF THE
APPLICATIONS WE REVIEW. >> OKAY.
THANKS. AYE.
>> DR. WHIBLEY. >> STAY TUNED, WE'RE GOING TO
TALK ABOUT THAT AT THE RETREAT. AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-20A. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE DWELLING UNIT ABOVE THE GROUND
FLOOR IN A COMMERCIAL DISTRICT ON PROPERTY LOCATED AT 409 TO
417 WEST 21st STREET. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-20B. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT OFF-LOT PARKING ON PROPERTY
LOCATED AT 414 TO 418 WEST 20th STREET.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-20C.
>> AN ORDINANCE GRANTING A PEDESTRIAN COMMERCIAL OVERLAY
DISTRICT DEVELOPMENT CERTIFICATE TO PERMIT RENOVATION OF A
BUILDING FOR USE AS AN EATING AND DRINKING ESTABLISHMENT AT
409 TO 417 WEST 21st STREET. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-21. >> AN ORDINANCE AUTHORIZING THE
ISSUANCE AND SALE OF A PARKING SYSTEM REVENUE REFUNDING BOND TO
REFUND CERTAIN EARLIER PARKING SYSTEM REVENUE BONDS OF THE CITY
OF NORFOLK. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-22. >> AN ORDINANCE ACCEPTING A
GRANT AWARD OF UP TO $1,015,446 FROM THE VIRGINIA DEPARTMENT OF
EMERGENCY MANAGEMENT, OF WHICH $913,901 SHALL BE PROVIDED BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND $101,545 SHALL BE
PROVIDED AS A LOCAL CASH MATCH FROM VARIOUS SOURCES, TO PROVIDE
FUNDS THROUGH THE SEVERE REPETITIVE LOSS PROGRAM TO
ELEVATE FIVE PROPERTIES IN SUPPORT OF FEMA’S HAZARD
MITIGATION ASSISTANCE PROGRAM, AND APPROPRIATING AND
AUTHORIZING EXPENDITURE OF SAID FUNDS.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-23.
>> A RESOLUTION STATING THE CITY OF NORFOLK’S OPPOSITION TO THE
MINING OF URANIUM IN THE COMMONWEALTH OF VIRGINIA.
>> THANK YOU. ELLIS JAMES.
>> GO ELLIS. >> THANK YOU, MR. MAYOR.
MEMBERS OF THE COUNCIL, MR. JONES, MY NAME IS ELLIS W.
JAMES. I RESIDE AT 2021 KENLAKE PLACE
HERE IN THE CITY OF NORFOLK. IT'S WITH A GREAT DEAL OF PRIDE
AND PLEASURE AND IN THE SPIRIT OF PRIDE FOR OUR COMMUNITY WITH
RESPECT TO THE ADMIRALS THAT I SUPPORT THIS RESOLUTION, AND I
HOPE THAT THE VOTE WILL BE AS WELCOMING AS YOUR VOTE ON THE
RESOLUTION FOR THE ADMIRALS. I HAD LIKE TO CALL ATTENTION TO
ONE THING. THE DIRECTOR OF UTILITIES, WHO I
UNDERSTAND IS THE PERSON WHO HAS CREATED THIS FOUR-PAGE
RESOLUTION, HAS DONE A SUPER JOB.
DON'T USE THAT WORD TOO OFTEN, BUT I REALLY WANT TO THANK
MRS. LENTZ BECAUSE I THINK SHE HAS GONE ABOVE AND BEYOND THE
CALL. IN THIS RESOLUTION, SHE HAS
TOUCHED EVERY SINGLE BASE OF CONCERN AND ALL OF THE ISSUES
THAT HAVE CONFRONTED MANY OF US WHO HAVE OPPOSED THE LIFTING OF
THE MORATORIUM. AND I WOULD LIKE TO NOTE FOR THE
RECORD ONE PARTICULAR PART THAT GOES STRAIGHT TO THE HEART OF
THE MATTER. NOT ONLY HAS SHE INCLUDED THE
MILITARY AND ITS CONCERNS AND OUR SUPPLYING OF THE WATER FOR
THEM, BUT SHE HAS VERY SPECIFICALLY ADDRESSED THE ISSUE
OF NOT ONLY COLES HILL AS A PROJECT, BUT ASKING THE CITY
COUNCIL TO OPPOSE THE MORATORIUM, THE LIFTING OF THE
MORATORIUM FOR THE COMMONWEALTH OF VIRGINIA.
AND THAT IS EXTREMELY IMPORTANT AT THIS CRITICAL JUNCTURE.
THANK YOU, MR. MAYOR. >> THANK YOU.
CALL THE ROLL. >> ADOPT THE RESOLUTION.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-24. >> AN ORDINANCE APPROVING THE
TERMS OF A RIGHT OF ENTRY AGREEMENT WITH VIRGINIA NATURAL
GAS, INC., RELATIVE TO PROPERTY LOCATED AT 1184 LANCE ROAD IN
THE CITY OF NORFOLK. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
>> THAT'S ALL I HAVE, MR. YOU HAVE AN ADD-ON?
>> TWO, MR. PRESIDENT. FIRST THE NUMBERED R-25 AND IT
IS A RESOLUTION OF THE CITY OF NORFOLK APPROVING THE ISSUANCE
OF BONDS ON BEHALF OF ERA NORFOLK, LLC.
ADOPT THE RESOLUTION. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. AND THE SECOND IS R-26 AND IT IS
A RESOLUTION APPOINTING CERTAIN PERSONS TO 32 BOARDS AND
COMMISSIONS. >> JUST REAL QUICK, THIS DOESN'T
INCLUDE ALL THE BOARDS AND CAN YOU REMIND ME WHY?
>> THE ONES NOT INCLUDED ON HERE MR. SMIGIEL CONTAIN INDIVIDUALS
THAT NEED TO BE CONTACTED TO DETERMINE THEIR WILLINGNESS TO
ACCEPT THE APPOINTMENT. >> WAS THAT THE CASE WITH THE
HOUSING AUTHORITY ONE? >> YES.
YES, SIR. >> OKAY, IT WAS?
OKAY. >> YES, SIR.
>> ALL RIGHT, THANKS. >> ADOPT THE RESOLUTION.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> JUST A SECOND. I MISSED THE HOUSING AUTHORITY
ONE? >> YOU MEAN DON.
>> YOU HADN'T HAD A CHANCE TO CALL HIM, IS THAT WHAT YOU'RE
SAYING? >> CORRECT AND ALSO THE LADY --
MRS. ARINGTON, I BELIEVE. >> I THOUGHT HE CONFIRM.
THAT'S WHY. >> BUT MS. ARINGTON SENT A
REQUESTED LETTER IN, WHICH PROBABLY INDICATED SHE WAS
WILLING TO SERVE. >> I WAS NOT IN RECEIPT OF THAT,
MR. RIDDICK. >> I'VE GOT IT IN THE FORM OF
E-MAIL. WHATEVER YOU SAY MR. CLERK.
AYE. >> IT CAME TO THE CITY AND IT
CAME TO ALL OF US, I MEAN, THAT MS. ARINGTON WANTED TO SERVE AND
DON COMMUNICATED THAT TO ALL OF US.
AT LEAST HE COMMUNICATED TO MR. WINN THAT HE WAS WILLING TO
SERVE ON THE BOARD. >> ON THE ME.
>> WOULD YOU LIKE US TO ADD THAT?
>> YES, PLEASE. AND MS. ARINGTON, RIGHT?
>> RIGHT. >> AND IF IT'S OKAY WITH THIS --
NEVER MIND. THAT WILL CREATE THE VACANCY ON
THE PARKS AND REC? ARE WE GOING TO HOLD OFF ON THAT
ONE? BECAUSE THE GENTLEMAN IS -- HE'S
CONFIRMED THAT HE WANTED TO BE ON.
>> LET'S JUST DO IT. JUST ASSUME THAT DON HAS
RESIGNED. BRECK IS MUCH BETTER AT THIS.
HE'S TRYING TO KEEP US STRAIGHT. >> I DON'T KNOW IF WE NORMALLY,
WHEN PARKS AND RECREATION BOARD OPENS UP, DO WE NORMALLY CONSULT
WITH DARRELL AT PARKS AND RECS, JUST THE CHAIR AND ASK THEM
BEFORE THAT? I MEAN --
>> NO. I DON'T THINK SO.
>> OKAY. >> EXCUSE ME, BERNARD.
THERE'S THE SUBMISSION OF THAT. >> THAT NOW BECOMES SECTION 14
AND SECTION 14 BECOMES SECTION 15.
THAT ADDS MS. ARINGTON AND MR. MESACHIA TO THE NORFOLK
REDEVELOPMENT AND HOUSING AUTHORITY AND REAPPOINTS
MR. SOGEL. >> DID YOU GET THE PARKS AND REC
ONE? >> I DID NOT.
>> DIDN'T YOU CALL -- ANDY, DIDN'T YOU CALL --
>> NO, I CALLED -- >> HE'S MET WITH BOTH OF US AND
CONFIRMED HE WANTS TO BE ON. >> YEAH, HE'S GOOD.
>> I CALLED CHRIS NICHOLS FOR CSB.
>> RIGHT AND WE HAVE THE MINUTES.
>> WE DON'T HAVE ANY OF THE EDA PEOPLE.
>> WE JUST WANT TO GET THEM DONE BECAUSE WE'RE NOT GOING TO MEET
FOR ANOTHER MONTH AND SOME OF THESE BOARDS WILL BE MEETING
BEFORE WE COME BACK FROM OUR SUMMER BREAK.
>> NONE OF THE EDA PEOPLE ARE ON HERE EITHER.
>> WELL, ALMOST ALL THESE PEOPLE DO NEED TO BE CONTACTED.
>> OKAY. >> BRECK, IF THEY HAVE APPLIED
FOR IT AND HAVE SPOKEN WITH COUNCIL MEMBERS, WOULD YOU -- I
MEAN, IS THAT ENOUGH CONFIRMATION FOR IT?
>> IT'S FINE BY ME IF YOU ALL WANT TO --
>> I HAVEN'T HAD ANYBODY FROM THE ED THAT HASN'T SPOKEN TO US.
>> I'VE ALREADY RECEIVED INFORMATION FROM MR. McDONALD
AND HE'S LOOKING FORWARD TO IT. >> AND MR. COLEMAN AS WELL.
>> AND I'VE SPOKEN TO NIKITA HOW MUCHENS.
>> PAUL, CAN WE RECESS AND HERE THESE.
>> BRECK, YOU WANT TO -- >> THAT WOULD BE NICE.
>> OKAY. >> WHY DON'T WE GO --
>> THAT'S A GOOD IDEA. >> WHY DON'T WE RECESS AND HEAR
THOSE. >> AND IN THE MEANTIME, YOU
CAN -- IF YOU SEE SOMETHING ON HERE, YOU CAN WALK DOWN AND TALK
TO BRECK AS WELL. OKAY.
MR. RIDDICK, YOU HAD A COMMENT ABOUT --
>> WHEN IT COMES TO R-12, ALTHOUGH IT IS A PERSONNEL
ISSUE, I WOULD LIKE SOME FURTHER UNDERSTANDING OF IT LATER ON,
MR. JONES, BECAUSE I REMEMBER TEN YEARS AGO, A COMPENSATION
PLAN WAS CHANGED BY THE CITY MANAGER FOR PERSONS WHO WORKED
IN THE WASTEWATER DEPARTMENT AS FAR AS OVERTIME IS CONCERNED,
BECAUSE THE OVERTIME PAYMENT TO THOSE PERSONS WHO DID JUST THAT
MANUAL HARD LABOR, IN A LOT OF INSTANCES THIS WERE MAKING A LOT
MORE MONEY THAN SOME OF YOUR HIGHER CLASSIFIED WHITE-COLLAR
WORKERS, AND THAT -- AND WHILE SHE FLATLY DENIED THAT IT WAS
CHANGED BECAUSE OF THAT, THE OVERTIME WAS CHANGED AND THE
COMPENSATION PLAN WAS CHANGED SO THAT THOSE PERSONS, YOU KNOW,
WERE RELEGATED TO A LOT LESS IN TERMS OF THEIR INCOME.
AND I WOULD HATE TO -- FOR THIS TO BE THE SAME THING WHERE WE
WERE, YOU KNOW, REDUCING OVERTIME FOR PERSONS WHO DID
HARD-CORE MANUAL LABOR SO THAT THEY WOULDN'T MAKE MORE MONEY
THAN SOME OF YOUR, YOU KNOW, CLASSIFIED WHITE-COLLAR WORKERS.
SO I WOULD LIKE A, YOU KNOW, FURTHER EXPLANATION OF THIS
LATER ON. >> MR. RIDDICK, THE TWO ISSUES
THAT CAME UP TONIGHT, ONE OF THE OVERTIME AND BEING RETRO BACK TO
JUNE, I GUESS 23rd, IT IS RETROACTIVE, AND THE OTHER ISSUE
WITH THE 5% INCREASE IS THE SAME THING WE'RE DOING WITH FIRE,
HAZMAT, SO IT'S ON PAR WITH WHAT WE'RE DOING WITH THE FIRE
HAZMAT. >> ALL RIGHT.
>> THANK YOU. >> BRECK, ARE YOU CLOSE OR YOU
WANT TO US TAKE A BREAK? >> COUPLE OF MINUTES WOULD BE
HELPFUL. >> IF I CAN ECHO WHAT PAUL SAID,
AND I UNDERSTAND WHEN WE HAVE PERSONNEL MATTERS AND THINGS
LIKE THAT, BUT I REALLY DO BELIEVE, I WANT TO KNOW MORE
ABOUT IT. PERHAPS -- I THINK THAT'S WHAT
PAUL IS SAYING. >> SURE.
>> THERE'S SOME HISTORY TO THIS THAT WE OUGHT TO KNOW, RIGHT?
>> BUT I THINK ANY TIME WE SEEM TO -- AND I UNDERSTAND WE
SOMEHOW ABDICATE PERSONNEL ISSUES TO THE MANAGER, BUT IN
REALITY, AGAIN, IT GOES BACK TO WHAT I THINK, I HARKEN BACK TO
WHAT WE DISCUSSED IN THE MEETING WHEN WE DEAL WITH COMMISSIONS
AND BOARDS. IT REALLY BECOMES THE
RESPONSIBILITY OF COUNCIL, AND THAT'S SOMETHING THAT EVEN
THOUGH WE HIRE THE MANAGER AND WE RELY UPON THE MANAGER'S
DECISION-MAKING PROCESS, IT STILL IS AN ISSUE THAT WE HAVE
TO VOTE UPON AND WE REALLY SHOULD BE INVOLVED IN, AND
WHETHER WE AGREE OR DISAGREE, WE CAN SAY MARCUS, WE DISAGREE AND
WE DON'T WANT TO SEE THAT AND I THINK THAT'S SOMETHING WE REALLY
NEED TO TAKE UP. NOT TO TAKE -- BECAUSE,
ULTIMATELY, AGAIN, I THINK I'M BELIEVING THE FACT THAT THE
DECISIONS THAT ARE BEING MADE, WHETHER IT'S MARCUS'S FOR THE
MOST PART OR A BOARD OR COMMISSION, COMES BACK TO THE
COUNCIL AS A DECISION THAT -- BECAUSE WE HAVE TO VOTE UPON IT.
AND IF WE'RE -- I THINK WE NEED TO BE A LITTLE BIT, ESPECIALLY
ON PERSONNEL ISSUES SUCH AS THIS, I WOULD LIKE TO HAVE KNOWN
A LITTLE BIT MORE. I UNDERSTAND IT AND I THINK IT'S
FINE AND I KNOW YOU'RE PUTTING IT ON PAR WITH FIRE, BUT I
REALLY DO BELIEVE WE NEED TO HAVE MORE INFORMATION AHEAD ON
THIS STUFF. I'M JUST NOT COMFORTABLE
ABDICATING THESE THINGS ANY LONGER ONLY BECAUSE IN THE END,
IF IT'S SOMETHING WONDERFUL, SURE, WE GET ACCOLADES, BUT WHEN
IT'S NOT AND WE HAVEN'T REALLY EXAMINED IT CLOSELY BECAUSE
WE'VE GIVEN YOU THAT RESPONSIBILITY AND WE HEAR FROM
JANE OR WE HEAR FROM THIS GENTLEMAN WHO SPOKE WONDERFULLY
TODAY, THEN WE'RE NOT DOING OUR DUE DILIGENCE.
AND I UNDERSTAND THAT, I UNDERSTAND WE HIRE YOU FOR THESE
PURPOSES, BUT I ALSO THINK THAT IF WE'RE VOTING ON IT, I WANT TO
KNOW ABOUT IT AND AGREE OR DISAGREE WITH YOU IN A MANNER
THAT I'M COMFORTABLE WITH. >> I MEAN, JUST TO BE FAIR TO
THE MANAGER, I MEAN, WE VOTE ON A COMPENSATION PLAN ON AN ANNUAL
BASIS AND THEN HE ADMINISTERS THE PLAN.
THIS WAS, HE CLEARLY SAID IT WAS A MISTAKE MADE HERE AND HE'S
WENT BACK AND TRIED TO FIX IT, BUT I DON'T REMEMBER ANY TIME
WHEN WE ACTUALLY HAVE HAD TO COME BACK RETROACTIVELY AND DO
SOMETHING LIKE THIS. >> I THINK WE SHOULD KNOW MORE
ABOUT IT. I MEAN, IF IT'S SO RARE, BECAUSE
IT DOES STRIKE ME AS RARE. THIS STRUCK ME AS RARE THAT WE
WERE RETURNING FUNDS AND WHEN WE'RE DOING THOSE THINGS, I
JUST -- FEED ME MORE INFORMATION AND I'M MORE COMFORTABLE WITH IT
WHEN A GENTLEMAN TAKES HIS TIME TO COME DOWN HERE AND INSTEAD OF
JUST ABDICATING IT TO YOU. IN THE END, THE POLITICAL
RAMIFICATION COMES BACK TO ME. FAIR ENOUGH?
>> FAIR. >> THANK YOU, PAUL.
>> OKAY. SO THE CLERK HAS WALKED OUT,
SO -- [ LAUGHTER ]
>> MAYBE THIS IS A GOOD TIME TO TAKE A BREAK.
AND LOOKS LIKE HE STORMED OUT OF THE COUNCIL CHAMBER.
>> GOOD FOR BRECK. >> WHAT WE'LL DO IS WE'LL END
THIS PORTION OF THE -- WE'LL ADJOURN UNTIL WE HAVE THE RIGHT
NAMES BACK ON THAT ORDINANCE AND THEN WE'LL MOVE TO CALL THE
NAMES OF THE FOLKS WHO HAVE COME DOWN TO TALK TO THE COUNCIL ON
NON-AGENDA ITEMS. SHIRLEY CONFINO REEDER AND WHEN
I CALL YOU, IF YOU WILL JUST COME TO THE PODIUM, GIVE US YOUR
FULL NAME AND PRESENT ADDRESS FORT RECORD AND LIMIT YOUR
REMARKS TO -- FOR THE RECORD AND LIMIT YOUR REMARKS FOR THREE
MINUTES PLEASE. >> RIGHT NOW?
>> YES, MA'AM, YOU CAN COME RIGHT NOW.