Formal 06/26/12 Session - Norfolk City Council


Uploaded by NorfolkTV on 26.06.2012

Transcript:
>>> COUNCIL OF THE CITY OF NORFOLK IS NOW IN SESSION.
WE ASK YOU TO ESPECIALLY TOUCH TOES PERSONS IN THE COMMUNITY
WHO ARE HOMELESS, THOSE PERSONS WHO HAVE ABSOLUTELY NOTHING.
WE ASK THAT YOU GIVE THEM YOUR DIVINE LOVE TO MAKE A CHANGE IN
THEIR LIVES. WE ALSO ASK THAT YOU GIVE US THE
ABILITY TO DO THIS JOB IN A FAIR AND JUST MANNER.
THESE AND OTHER THINGS WE ASK IN THY NAME, AMEN.
>> AMEN. >> 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.
THANK YOU VERY MUCH. THE CLERK WILL PLEASE CALL THE
ROLL. >> MR. BURFOOT.
>> HERE. >> MR. PROTOGYROU.
>> HERE. >> MR. RIDDICK.
>> HERE. >> DR. WHIBLEY.
>> HERE. >> MS. WILLIAMS.
>> HERE. >> MR. WINN.
>> HERE. >> MR. FRAIM.
>> HERE. MOTION IS TO EXCUSE MR. SMIGIEL,
PLEASE. [ VOTE TAKEN ]
>> MOTION IS TO DISPENSE WITH THE READING OF THE MINUTES OF
THE PREVIOUS MEETING. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> 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.
>> 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. I'M SORRY WE'RE GETTING STARTED
A COUPLE MINUTES LATE THIS EVENING, BUT WE WERE DOING
BUSINESS IN THE INFORMAL SESSION IN THE COUNCIL CONFERENCE ROOM
BELOW. FOR THOSE OF YOU WHO DO NOT
REGULARLY ATTEND OUR COUNCIL SESSION, THE PROCEDURE WHICH
WE'LL FOLLOW THIS EVENING AND WE FOLLOW MOST COUNCIL MEETINGS IS
THE FIRST THING WE'RE GOING TO DO IS TAKE UP THE PUBLIC HEARING
THAT'S ON TONIGHT'S DOCKET. AT THE CONCLUSION OF THE PUBLIC
HEARING, WE'LL MOVE DIRECTLY TO THE CONSENSE AGENCY.
THERE ARE THREE ITEMS THERE. THE COUNCIL IS ENTITLED TO VOTE
ON ALL THESE MATTERS IN ONE VOTE OR WE COULD BREAK THEM OPEN IN
SEPARATE VOTES. WE'LL MOVE TO THE REGULAR
AGENDA. WE HAVE A NUMBER OF ITEMS THERE
AND WE HAVE A NUMBER OF PEOPLE SIGNED UP TO SPEAK TO THE
COUNCIL ON THESE ITEMS. WE'LL VOTE AN ALL THESE MATTERS
IN JUST THE WAY THEY'RE NUMBER ON THE PRINTED DOCKET.
AT THE CONCLUSION ARE THE FORMAL AGENDA, IF ANY MEMBER OF THE
PUBLIC WOULD LIKE TO SPEAK TO THE COUNCIL ON A NONAGENDA ITEM,
NOT ON THE PRINTED DOCKET, YOU WILL BE GIVEN THAT OPPORTUNITY.
IN ORDER TO HAVE YOUR NAME CALL, WE ASK THAT YOU SIGN A SLIP OF
PAPER WHICH THE CLERK HAS MADE AVAILABLE IN THE LOBBY BEHIND
THE COUNCIL CHAMBERS BEFORE THE MEETING BEGAN AND THERE ARE A
FEW OF YOU WHO ELECTED TO DO THAT.
BEFORE WE MOVE TO THE FORMAL AGENDA, WE'LL LIKE TO
ACKNOWLEDGE AND RECOGNIZE A SPECIAL GROUP WITH US TONIGHT,
FROM THE LIGHT CAREY CONFERENCE AND WE HAVE WITH US TONIGHT,
MINISTER TRACY THOMAS. WOULD YOU LIKE TO COME FORWARD,
PLEASE? THIS COUNCIL HAS A LONG AND
DISTINGUISHED HISTORY WITH THE LIGHT CAREY CONFERENCE, ONE OF
OUR MEMBERS, DR. JOHN FOSTER MANY YEARS AGO, ACTUALLY WAS THE
CHAIRMAN OF THE CONFERENCE AND I THINK JOSEPH WILLIAMS WAS
CHAIRMAN OF THE CONFERENCE, SO NORFOLK HAS A GREAT -- RECEIVE
RENT JOSEPH WILLIAMS, HAS A LONG HISTORY AND WE'RE VERY FAMILIAR
WITH THE CONFERENCE AND THEIR EFFORTS HERE.
COUNCILWOMAN WILLIAMS ADVISED ME OF YOUR PRESENCE IN THE
COMMUNITY AGAIN. WE'RE GLAD TO HAVE YOU BACK.
WE APPRECIATE ALL THE GOOD WORK YOU DO HERE, AND ANGLE LEE YEAH,
WOULD YOU LIKE TO MAKE ANY COMMENTS BEFORE I READ THE
PROCLAMATION? >> I WOULD LIKE TO THANK THE
ORGANIZATION FOR CHOOSING TO COME BACK TO NORFOLK AGAIN.
THEY WERE HERE LAST YEAR, IT WAS 3, 400 YOUNG PEOPLE DESCENDED
UPON NORFOLK STATE AND THIS WERE HERE LAST YEAR AND NORMALLY
THEIR CONFERENCES ARE HELD AT SHAW UNIVERSITY AND THEY CHOSE
TO COME BACK THIS YEAR, AND SO I'M VERY EXCITED TO HAVE THEM
BACK AND I'M VERY APPRECIATIVE AS IS THE COMMUNITY FOR YOU GUYS
CHOOSING TO DO AWFUL YOUR COMMUNITY SERVICE -- ALL OF YOUR
COMMUNE SERVICE IN THE BROAD CREEK AREA.
I'M VERY PROUD OF ALL THE YOUNG PEOPLE.
THERE'S SOME REALLY GOOD KIDS IN THIS BUNCH, SO I THINK WE HAVE A
LOT OF FUTURE LEADERS HERE. SO THANK YOU SO MUCH.
I ALSO WANT TO THANK THE SHERIFF BECAUSE HE CHECKED IN TO MAKE
SURE ALL THE YOUNG PEOPLE HAD ALL THE SUPPLIES THEY NEEDED FOR
THE EFFORTS YOU'RE GOING TO BE DOING IN THE COMMUNITY ALL WEEK,
AND TO ALSO THANK LINDA JOHNSON OVER IN BROAD CREEK FOR
COORDINATING ALL THIS ON YOUR BEHALF.
SO THANK YOU. >> I'M GOING TO READ A
PROCLAMATION AND THEN WE'D LOVE TO HEAR FROM YOU, MR. THOMAS.
IT READS WHEREAS REFER WRIT LOT CAREY WAS BORN ENSLAVED IN 1780
IN CHARLES CITY COUNTY, VIRGINIA, PURCHASED HIS FREEDOM
IN 1813, LATER BECAME ONE OF THE FIRST AFRICAN AMERICAN BAPTIST
MISSIONARIES TO WEST AFRICA, THE LOT CAREY MOVEMENT WAS FOUNDED
IN 1897 BY AFRICAN AMERICAN BAPTISTS COMMITTED TO A
SUBSTANTIAL FOREIGN MISSION WORK.
ESPECIALLY IN THE OFF FRIK CAN'T CONTINENT, BUT ALSO THROUGHOUT
THE WORLD. WHEREAS THE ANNUAL LOT CAREY
YOUTH SEMINAR IS A WEEK-LONG EXPERIENCE OF MISSION SERVICE,
LEARNING, WORSHIP, AND FELLOWSHIP TO HELP EDUCATE,
INSPIRE AND ALLOWS YOUTHS TO BE CHRIST-CENTERED CHANGE BOTH
LOCALLY AND GLOBALLY, WHEREAS THE 58th ANNUAL LOT CAREE YOUTH
SEMINAR CONVENES AT NORFOLK STATE UNIVERSITY THE WEEK OF
JUNE 23rd THROUGH THE 28th, 2012, FOR MORE THAN 400 YOUNG
PEOPLE AGES 14 THROUGH 20 WHO GATHER FOR A WEEK OF LEARNING,
WORSHIP, FELLOWSHIP AND SERVICE AT VARIOUS LOCATIONS IN NORFOLK,
NOW THEREFORE BE IT PROCLAIMED THAT I, MAYOR OF THE CITY OF
NORFOLK, DO HEREBY RECOGNIZE AND WELCOME THE LOT CAREY ANNUAL
YOUTH SEMINAR AND FURTHER WELCOME ALL THE YOUNG CITIZENS
WHO PARTICIPATE IN THE ACTIVITIES THAT HELP INSTILL IN
THEM THE VALUE OF SERVANT LEADERSHIP.
GIVEN UNDER MY HAND THIS 26th DAY OF JUNE, 2012.
WE WOULD LOVE TO HEAR FROM YOU AND THEN I'LL LET YOU HAVE THE
PROCLAMATION. >> THANK YOU, MR. MAYOR.
TO COUNCILWOMAN WILLIAMS AND ALL THE DISTINGUISHED COUNCILMAN AND
WOMEN OF NORFOLK. WE THANK YOU FROM THE BOMB OF
OUR HEARTS. -- BOTTOM OF OUR HEARTS.
ON BEHALF OF THE LOTT CAREY YOUTH SEMINAR, AGAIN WE'RE
THANKFUL FOR YOU OPENING UP YOUR CITY FOR US AND WE'RE HAPPY TO
BE ABLE TO COME IN AND DO SERVICE HOURS.
TODAY, WE WERE ABLES TO GLEAN 5,000 POUNDS OF CORN AND WHICH
WILL HELP FEED 20,000 PEOPLE, SO WE'RE HAPPY FOR THAT AND
TOMORROW WE'LL DO SOME MORE GLEANING AND SOME MORE CLEANING
IN THIS AREA, AND AGAIN, THANK YOU FOR ALL OF THE SUPPORT THAT
YOU HAVE SHARED AND WE LOOK FORWARD TO CONTINUING TO BE A
PART OF THIS COMMUNITY IN THE FUTURE.
>> THANK YOU FOR THOSE WORDS. LET ME PRESENT THIS TO YOU, AND
YOU'VE GOT SOME OF YOUR YOUNG FOLKS WITH YOU TONIGHT?
COULD WE HAVE THEM STAND SO WE CAN RECOGNIZE THEM?
[ APPLAUSE ] >> THANKS VERY MUCH.
WE'RE NOW ABOUT TO LAUNCH INTO OUR MEETING, AND IF YOU ALL
WOULD LIKE TO -- YOU SOME THINGS YOU WOULD LIKE TO DO, WE'LL
CERTAINLY EXCUSE YOU. OKAY.
PLEASE, OKAY. >> I'LL GO.
[ LAUGHTER ] >> BE GLAD TO HAVE YOU, OKAY.
PUBLIC HEARING ONE, PLEASE. >> PUBLIC HEARING SCHEDULED THIS
DAY PURSUANT TO ACTION OF THE COUNCIL ON JUNE 12, 2012 UNDER
THE STATE LAW, PUBLIC NOTICE HAVING BEEN INSERTED IN THE
LOCAL PRESS BY THE CITY CLERK, TO HEAR COMMENTS ON THE
CONVEYANCE OF TWO PARCELS OF CITY-OWNED PROPERTY LOCATED AT
1101 WARRINGTON AVENUE TO THE VIRGINIA DEPARTMENT OF
TRANSPORTATION. >> THERE ARE NO MEMBERS OF THE
PUBLIC SIGNED UP TO ADDRESS THE COUNCIL ON THIS PUBLIC HEARING.
IF THERE ARE NO QUESTIONS, THE CLERK WHICH CALL THE ROLL,
PLEASE. >> I HAVE AN ORDINANCE
AUTHORIZING THE CONVEYANCE OF TWO PARCELS OF CITY-OWNED
PROPERTY TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE CONSTRUCTION OF A NEW TWO-LANE TUNNEL UNDER
THE ELIZABETH RIVER, SUBJECT TO THE PUBLIC'S CONTINUED RIGHT TO
UTILIZE THE PARCELS AS RECREATIONAL PEDESTRIAN/BICYCLE
TRAILS. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
THE CONSENT AGENDA. IS THERE ANY ONE OF THESE
MATTERS THAT ANY MEMBER OF THE COUNCIL WOULD LIKE TO HAVE
CONSIDERED SEPARATELY? >> C-2.
>> C-2. ALL RIGHT, THEN CALL C-1 AND C-3
THEN. >> OKAY, APPROVE CONSENT AGENCY,
ACCEPT C-2. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
>> C-2. >> MINE IS ONLY A QUESTION.
THIS JULY 10th, DOES THIS KEEP THEM FROM HAVING A
GROUNDBREAKING BEFORE THAT? I THINK THEY WANT TO HAVE A
GROUNDBREAKING BEFORE THAT -- >> I DON'T THINK IT WILL.
>> I DIDN'T THINK SO EITHER. >> WE MOVING AHEAD ON IT.
>> OKAY, ALL RIGHT. THAT'S ALL I HAVE ON THAT.
>> THANK YOU THOUGH. >> C-
>> APPROVE C-MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
>> AN ORDINANCE DIRECTING THE CITY TREASURER TO ISSUE A REFUND
TO 152 LLC BASED UPON THE OVERPAYMENT OF REAL ESTATE TAXES
FOR TAX YEARS 2008 THROUGH 2012. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> PAUL, MAY I --
>> SURE. >> COULD I ASK BERNARD, ON THIS,
COULD YOU EXPLAIN -- I THINK ON THIS THINGS LIKE THIS, WE NEED
TO KNOW WHAT HAPPENED. CAN YOU EXPLAIN IF YOU KNOW ON
THIS IN PARTICULAR WHAT HAPPENED, AND THAT WAY THE
CITIZENS NAD WHY WE'RE DOING THIS.
>> RIGHT. WE HAVE A BUSINESS IMPROVEMENT
DISTRICT DOWNTOWN WHERE THE AREA GETS ADDITIONAL BENEFITS AND
PAYS AN INCREMENTAL TAX AND THIS PROPERTY SITS OUT OF THE
BOUNDARIES AND IT WAS MISTAKENLY REGARDED AS BEING WITHIN THE
BOUNDARIES, SO IT'S NOT WITHIN THE DISTRICT THAT GETS THE EXTRA
BENEFIT, OR PAYS THE EXTRA TAX, SO REFUNDING THE PORTIONS THAT
WERE ERRONEOUSLY ASSESSES. >> THANK YOU, AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-2. >> AN ORDINANCE GRANTING
RONALD W. BOONE, SR., PERMISSION TO ENCROACH INTO THE RIGHT OF
WAY OF ATLANS STREET 150 FEET, PLUS OR MINUS, WITH A 12-FOOT
WIDE ASPHALT DRIVEWAY, AND APPROVING THE TERMS AND
CONDITIONS OF THE ENCROACHMENT AGREEMENT.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
ABSTAIN. R-3, PLEASE.
>> A RESOLUTION CERTIFYING TO THE VIRGINIA RETIREMENT SYSTEM
THAT THE CITY OF NORFOLK HAS MADE AN IRREVOCABLE ELECTION NOT
TO PARTICIPATE IN THE LINE OF DUTY ACT FUND.
TO ADOPT THE RESOLUTION. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> CAN I ASK -- >> YES.
>> MARCUS, CAN YOU EXPLAIN THIS PARTICULAR RESOLUTION, WHY
WE'RE -- >> I CAN GIVE YOU A SYNOPSIS.
>> PLEASE. >> AND I'M SORRY, I DIDN'T --
>> NO, IT'S FINE. AN OFFICER THAT DIES IN THE LINE
OF DUTY, A POLICE OFFICER, IN ADDITION TO OUR ACCIDENTAL DEATH
BENEFITS UNDER RETIREMENT AND WORKERS' COMPENSATION, GETS A
PAYMENT FOR LINE OF DUTY THAT ADDS TO THOSE.
IT'S A STATE BENEFIT AND THE STATE HAS PASSED LEGISLATION
WHICH REQUIRES US TO ELECT TO PARTICIPATE IN FUNDING IT WITH
THE STATE TO PAY FOR IT, OR SELF FUNDING IT, AND OUR FINANCIAL
ANALYSTS ARE ARE THE OPINION THAT OURSELF FUNDING IT WILL
COST US LESS TO PAY THIS BENEFIT, SO OUR EXPERIENCE WITH
PAYMENT AND THE COST OF PARTICIPATING ARE SUCH THAT IT'S
OUR OPINION THAT PROVIDING THIS BENEFIT BY SELF FUNDING IT IS
BETTER THAN JOINING THE STATE POOL.
>> SO WE HAVE A FUND? >> NO, I DON'T KNOW IF WE'RE
GOING TO ESTABLISH A FUN OR PAY AS YOU GO.
-- ESTABLISH A FUND OR FAY AS YOU GO.
>> OKAY. >> THE FREQUENCY OF DEATH IN THE
LINE OF DUTY IS SO INFREQUENT THAT IT MAY NOT BE SENSIBLE TO
HAVE A TRUST FUNDED OR NEED BE. >> SO IN OTHER WORDS, WE WOULD
BE PAYING INTO A STATE FUND THAT WOULD BENEFIT OFFICERS OF EVERY
LOCALITY AS OPPOSED TO HANDLING OUR OFFICERS ON A CASE BY
CASE -- >> THAT'S RIGHT.
>> BASIS? >> IF WE WERE FORTUNATE ENOUGH
TO NEVER HAVE ANOTHER OFFICER DIE IN THE LINE OF DUTY, IF WE
WERE SELF FUNDING, WE WOULD BE PAYING IN PERPETUITY AND THEY
HAVE HAVE TO USE IT, WHICH WOULD BE A GOOD THING, BUT NOT
FINANCIALLY SENSIBLE. >> OKAY.
>> HAVE WE -- MAY I -- I APOLOGIZE.
>> NO, THAT'S OKAY. >> I THINK THIS IS SOMETHING
THAT IF WE DON'T TALK ABOUT IT, IT'S NOT GOING TO TO BE HEARD
AND I APOLOGIZE. BERNARD, IS THIS SOMETHING WE'VE
GONE OVER WITH -- HAS P.D. SPOKEN OF THIS?
I KNOW WE HAD THE CHIEF IN OUR MEETING TODAY.
IS THIS SOMETHING THEY ARE FAMILIAR WITH?
ARE WE CATCHING THEM OFF GUARD ON THIS?
>> IT MAY BE BECAUSE IF WE DIDN'T BRIEF THEM IT WAS BECAUSE
IT WILL NOT IMPACT THEM. THE BENEFIT IS A REQUIRED
BENEFIT BY THE STATE, SO THEY WILL GET THE SAME AND WE'RE JUST
MAKING THE FINANCIAL DECISION THAT WE'LL PAY -- IT WILL COST
US LESS IF WE DO IT OURSELVES RATHER THAN JOINING THIS TRUST
FUND THAT MS. WILLIAMS HAS DESCRIBED.
>> THAT'S UPON US TO DO IT ON A CASE BY CASE BASIS.
>> NO, THE QUALIFICATION IS BY STATE LAW.
>> NO, I UNDERSTAND, BUT IF WE OPT OUT, THEN IT'S UP TO US TO
DO ON IT A CASE BY CASE BASIS. >> WE'RE LIABLE FOR IT ON A CASE
BY CASE BASIS. >> OTHERWISE, IF WE PAID THIS AS
A PREMIUM INTO THE FUN, THEN AT LEAST WE KNOW IT'S FUNDED FOR
SURE AND IT'S A BENEFIT THAT A LINE OF DUTY OFFICER WHO'S
KILLED, HIS FAMILY WILL RECEIVE. >> YES, BUT IT, SIMILAR TO THE
QUESTION WE HAVE FOR LIABILITY INSURANCE, DO WE SELF INSURE OR
DO WE PAY AN INSURANCE COMPANY, AND THERE AS IS HERE, IT'S OUR
ANALYSIS THAT WE'LL BE ABLE TO AFFORD THE BENEFIT BETTER BY
SELF INSURING. SO WE'RE SELF INSURING THIS
BENEFIT. >> IF WE WENT AN ENTIRE YEAR AND
ONLY HAD ONE DEATH OF AN OFFICER, WE'D STILL BE PAYING
THIS FOREVER, BASICALLY. >> CORRECT.
>> OR UNTIL WE DECIDED TO OPT OUT AGAIN.
>> CORRECT. >> SO WE COULD TECHNICALLY PAY
MORE THAN WHAT WE -- >> RECEIVED IN BENEFIT.
>> BUT THAT'S INSURANCE. >> RIGHT.
RIGHT. >> OKAY.
NO. >> LET ME ASK A QUESTION.
WORKMEN'S COMP, WHERE DOES THAT COME IN AS FAR AS THIS --
>> THAT IS IN ADDITION TO THIS. THIS IS A BENEFIT THAT ONLY A
POLICE OFFICERS GET BECAUSE OF THIS ADDITIONAL RISK, SO THAT
THE -- OTHER THAN THE POLICE OFFICER LINE OF DUTY DEATH, THIS
BENEFIT IS NOT PAID. SO THAT SOMEBODY WHO WAS KILLED
IN A -- AT WORK WOULD JUST RECEIVE A WORKERS' COMPENSATION
BENEFIT. THIS IS AN ADDITIONAL BENEFIT
FOR OFFICERS BECAUSE OF THEIR INCREASED RISK.
>> BUT AN OFFICER WOULD AUTOMATICALLY GET THE WORKMEN'S
COMP? >> YES, AND THIS.
>> AND THIS. BECAUSE UNFORTUNATELY, SINCE
I'VE BEEN ON THE COUNCIL, WE'VE HAD SIX DEATHS AND I REMEMBER,
YOU KNOW, THE BENEFITS THAT THEY GET, AND THE WORKMEN'S COMP IS A
VERY IMPORTANT BENEFIT. WHEN THIS IS CALCULATED, HOW CAN
WE BE SURE OR HOW CAN OUR -- THE FAMILIES OF OUR OFFICERS BE SURE
THAT THEY WILL BE GETTING THE SAME THING AND THAT WE WON'T,
YOU KNOW, WATER IT DOWN? >> IT'S GOVERNED BY STATE LAW.
>> OKAY. >> AND ALL WE HAVE AN OPTION IS
HOW WE PAY FOR I, WHETHER WE GET IT THROUGH INSURANCE WITH THE
STATE OR SELF INSURE OURSELVES. >> SO THE STATE TELLS US HOW
MUCH WE HAVE TO PAY NO MATTER WHAT.
>> THAT'S RIGHT, THAT'S RIGHT. >> SO A YES VOTE IS WHAT?
>> THAT WE WILL BE SELF FUNDING. >> OKAY.
>> DO WE HAVE A PAY OF PUTTING MONEY ASIDE -- A WAY OF PUTTING
MONEY ASIDE SOMEWHERE FOR THIS OR --
>> YES, WE COULD. >> -- IS IT JUST WHEN SOMETHING
HAPPENS -- >> IT'S A CASE BY CASE BASIS
NOW. >> NO, IT'S NOT.
>> IT'S DICTATED BY THE STATE. >> IT'S NOT OPTIONAL.
IT'S NOT OPTIONAL. WE HAVE TO PAY IT, IF IT'S TEN
DOLLARS, WE GOT TO PAY IT EVERY TIME WE HAVE A LINE OF DUTY
DEATH. MY QUESTION IS, IF WE'RE NOT
PAYING INTO THE SYSTEM, ARE WE PUTTING A DOLLAR A MONTH ASIDE
TO GET TO THE TEN DOLLARS, TO GET TO THE $20 WHATEVER THE CASE
OR ARE WE JUST GOING TO PULL THE $10 FROM SOMEPLACE ELSE IF IT --
IF WE'RE SO UNFORTUNATE THAT AN OFFICER WOULD DIE IN THE LINE OF
DUTY? DO WE NOT HAVE --
>> WHAT DOCUMENT WE'RE PULLING IT?
>> TO YOUR QUESTION, IF WE WANTED TO SET ASIDE FUNDS, WE
COULD. WHAT BERNARD IS SAYING IS THAT
IT'S NOT AN OPTION EITHER TO GO THE STATE ROUTE OR OUR ROUTE.
THEY ARE STILL GOING TO GET THE BENEFIT.
WHAT WE'RE SAYING IS IF THE EVENT OCCURS, WE'RE GOING TO PAY
IT. >> AND YOU SAID SIX DEATHS, MR.
RIDDICK, SINCE YOU'VE BEEN -- >> SINCE I'VE BEEN ON COUNCIL.
>> OKAY. >> MR. RIDDICK?
>> YES >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-4.
>> AN ORDINANCE ACCEPTING, APPROPRIATING, AND AUTHORIZING
THE EXPENDITURE OF $5,000 IN GRANT FUNDS, IF AND WHEN
RECEIVED FROM THE COMMONWEALTH’S VIRGINIA COMMISSION FOR THE
ARTS, FOR DISTRIBUTION IN SUPPORT OF LOCAL ARTS
ORGANIZATIONS AND APPROPRIATING AN ADDITIONAL $5,000 FOR
EXPENDITURE AS A LOCAL CASH MATCH.
>> JUST A SECOND. DEBORAH BURRELL IS HERE TO
ANSWER QUESTIONS. I THINK WE'RE FINE, DEBORAH,
THANK YOU. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-5. >> AN ORDINANCE TO AMEND AND
REORDAIN SECTION 46.1-32 OF THE NORFOLK CITY CODE, 1979, TO ADD
SUBSECTION (G), SO AS TO PROVIDE THAT RATES FOR TREATED WATER FOR
ANY WHOLESALE MILITARY CUSTOMER SHALL BE $6.11 PER 1,000
GALLONS, $4.57 PER 100 CUBIC FEET.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-6.
>> AN ORDINANCE PERMITTING MAX P. JACOBS AND JOANN JACOBS
TO ENCROACH INTO CITY PROPERTY AT 2052 EAST OCEAN VIEW AVENUE,
WITH A WOOD WALKWAY AND STAIRS. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-7. >> AN ORDINANCE PERMITTING 733
BOUSH STREET, LLC, TO ENCROACH INTO BOUSH STREET RIGHT-OF-WAY
WITH A 24-INCH-BY-146-INCH SIGN ON THE FRONT OF THE BUILDING AT
733 BOUSH STREET. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> THIS IS THE STATE FARM SIGN,
BERNARD? PAUL?
>> YES. >> YES.
>> ON BOUSH STREET, YES. >> CAN I ASK FOR AN OPINION?
BERNARD, I REPRESENT STATE FARM, NOT PARTICULARLY -- MAYBE THIS
PARTICULAR SALESPERSON, BUT I REPRESENT THEM THROUGH THEIR
CLAIMS AND IT'S A SIGNIFICANT AMOUNT OF WHAT OUR PRACTICE IS
IN THE INSURANCE DEFENSE INDUSTRY.
AND THEY'RE PROBABLY ONE OF OUR TOP CLIENTS.
CAN I VOTE ON THIS? >> YES.
THIS IS A MATTER YOU'RE NOT CONFLICTED OUT-IT'S NOT A
CONTRACT THAT YOU HAVE A PERSONAL INTEREST.
IT'S A TRANSACTION THAT DOES NOT APPLY SOLELY TO YOUR PERSONAL
INTEREST. IS ANSWER IS YES.
>> I'M FINE WITH IT. AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
THANK YOU FOR ASKING THAT QUESTION THOUGH.
I MYSELF FIND MYSELF IN THE SAME SITUATION.
R-8. >> AN ORDINANCE APPROPRIATING
THE SUM OF $120,000 AS A RESULT OF THE RECOVERY OF HAZARDOUS
MATERIALS RESPONSE COSTS AND AUTHORIZING THE EXPENDITURE OF
SAID AMOUNT BY THE NORFOLK FIRE-RESCUE DEPARTMENT.
>> ELLIS JAMES? >> THANK YOU, MR. MAYOR.
MEMBERS OF COUNCIL, MR. MARCUS JONES, MY NAME IS ELLIS W.
JAMES. I RESIDE AT 2021 KENLAKE PLACE
IN THE CITY OF NORFOLK. I WANTED TO EXPRESS SUPPORT FOR
THIS, ESPECIALLY BECAUSE WE HAVE CONTAINED WITHIN THIS ITEM THE
ENVIRONMENTAL CONTAMINATION CRIMES AND SOME OF THE FUNDING
THAT COMES FROM THAT. THIS IS A VERY IMPORTANT AREA
AND CERTAINLY THE EXPENDITURE OF THE $120,000 WOULD GREATLY
BENEFIT THE CITY AND ESPECIALLY THE RECOVERY OF THE FIRE
FIGHTING EQUIPMENT AND THE HAZARDOUS MATERIAL EQUIPMENT.
THANK YOU, MR. MAYOR. >> THANK YOU, ELLIS.
THANK YOU VERY MUCH. CALL THE ROLL.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-9.
>> AN ORDINANCE APPROVING THE ACQUISITION OF A 30-FOOT
TEMPORARY INGRESS/EGRESS LICENSE FROM THE CITY OF SUFFOLK OVER
CERTAIN PROPERTY LOCATED IN THE CITY OF SUFFOLK ADJACENT TO
GODWIN BOULEVARD. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-10. >> A RESOLUTION APPROVING THE
TERMS AND CONDITIONS OF A LAW ENFORCEMENT MUTUAL AID AGREEMENT
BY AND AMONG THE CITIES OF CHESAPEAKE, FRANKLIN, HAMPTON,
NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA
BEACH, WILLIAMSBURG, THE COUNTIES OF ACCOMACK, JAMES
CITY, GLOUCESTER, ISLE OF WIGHT, NORTHAMPTON AND YORK AND THE
TOWNS OF SMITHFIELD AND WINDSOR. TO ADOPT THE RESOLUTION.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-11. >> AN ORDINANCE APPROVING AN
INSTITUTIONAL DEVELOPMENT PLAN FOR A NEW MEDICAL OFFICE
BUILDING ON PROPERTY LOCATED ON THE SOUTHEAST CORNER OF KINGSLEY
LANE AND NEWPORT AVENUE. BY 7-0 VOTE, PLANNING COMMISSION
RECOMMENDED APPROVAL. >> WE HAVE, INCLUDING
MR. BARRETT, THERE ARE FIVE MEMBERS OF THE PUBLIC WHO ARE
HERE TO ADDRESS THE ISSUE. IF THE COUNCIL HAS ANY
QUESTIONS, THESE ARE ALL EITHER WORK FOR THE APPLICANT OR ARE IN
FAVOR. DOES THE COUNCIL HAVE ANY
QUESTIONS ABOUT THIS? I THINK WE KNOW WHAT THIS IS AND
IT'S A REAL WELL THOUGHT-OUT PLAN AND THEY'RE READY TO MOVE
FORWARD. OKAY.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. THANK YOU ALL FOR COMING DOWN.
APPRECIATE IT. I KNOW A COUPLE OF YOU SAME FROM
SOME DISTANCE FROM RICHMOND, BUT WE APPRECIATE YOU BEING HERE AND
WE'RE LOOKING FORWARD TO THIS GETTING MOVING.
THANK YOU. R-12.
>> AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT THE
SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION ON
PROPERTY LOCATED AT 6819 SEWELLS POINT ROAD.
BY A VOTE OF 3-3, PLANNING COMMISSION RECOMMENDS DENIAL.
>> OKAY. WE HAVE THREE MEMBERS OF THE
PUBLIC WHO ARE HERE TO ADDRESS THE COUNCIL ON THIS ISSUE.
LET ME BEGIN WITH LEZORA HARRISON, PLEASE.
GOOD EVENING. >> GOOD EVENING.
>> IF YOU WILL TELLS YOU'RE NAME AND PRESENT HOME ADDRESS.
>> MY NAME IS LEZORA HARRISON AND I RESIDE AT 7004 UNIVERSITY
DRIVE NORFOLK, 23513. >> AND WILL YOU JUST -- WE'D BE
GLAD TO HEAR FROM YOU, IF YOU COULD LIMIT YOUR REMARKS TO
THREE MINUTES. >> YES, THANK YOU.
I'M A MEMBER OF THE CHESAPEAKE GARDENS HOMES CIVIC LEAGUE AND I
AM CONCERNED, I AM A CONCERNED CITIZEN REGARDING R-12, THE SALE
OF ALCOHOLIC BEVERAGES ON THE PROPERTY LOCATED AT 6819 SEWELLS
POINT ROAD. WE ARE AGAINST THIS BUSINESS,
FIRST MAY I ASK -- >> YES, MA'AM.
>> PLEASE. FROM THE CHESAPEAKE GARDENS THAT
ARE HERE TO ALSO -- THAT OPPOSE THIS TONIGHT.
>> THANK YOU. >> THANK YOU FOR COMING.
>> WE ARE AGAINST THE BUSINESS BEING ISSUED A PERMIT OF SALES
OF ALCOHOL BEVERAGES. OUR NUMBER ONE REASON ARE THIS
MARKET IS LOCATED APPROXIMATELY 500 FEET TO THREE SCHOOLS.
NORVIEW ELEMENTARY, MIDDLE AND HIGH SCHOOL.
NORVIEW RECREATION CENTER ALSO ON SEWELLS POINT ROAD.
CORONADO SCHOOL AND PLAYGROUND LOCATED APPROXIMATELY 30 FEET
FROM THIS ESTABLISHMENT. OUR TEENAGE BOYS AND CHILDREN
ARE THERE DAILY PLAYING BASKETBALL ON THIS PROPERTY.
THE CONCERN ABOUT CHILDREN 16 AND UNDER THAT I PERSONALLY
THINK THAT CHILDREN ALWAYS HAVE MONEY, THAT THEY -- IF THEY
CAN'T BUY, THEY'RE NOT OF AGE TO BUY, BUT IF THEY HAVE THE MONEY,
THEY CAN ALWAYS GET SOMEONE ELSE TO PURCHASE THE ALCOHOL FOR
THEM. SO I COME BEFORE YOU AS A
CONCERNED CITIZEN ASKING YOU TO PLEASE MAKE IT INCONVENIENT FOR
OUR CHILDREN TO HAVE ACCESS TO ALCOHOLIC BEVERAGES BEING SOLD
SO CLOSE TO OUR SCHOOLS. WE HAVE IN OUR NEIGHBORHOOD
SEVERAL PLACES ALREADY SELLING ALCOHOL, SO WE DON'T NEED
ANOTHER ONE SELLING RIGHT THERE ON SEWELLS POINT ROAD.
AND I THANK YOU VERY MUCH FOR ALLOWING ME TO COME BEFORE YOU.
>> THANK YOU. >> THANK YOU FOR COMING DOWN.
MR. HAMID. WOULD YOU TELL US YOUR -- GOOD
EVENING. THANKS FOR BEING HERE.
GIVE US YOUR FULL NAME AND PRESENT ADDRESS PLEASE AND LIMIT
YOUR REMARKS TO THREE MINUTES. >> MY NAME IS NISHAN HAMID.
I LIVE IN NORFOLK, RIGHT BEHIND OUR STORE.
FIST, I'D REALLY LIKE TO THANK ALL OF YOU FOR THE OPPORTUNITY
TO SPEAK. IT'S NOT OFTEN THAT A SMALL
BUSINESS HAS SUCH AN AUDIENCE. I'VE HEARD THESE CONCERNS BEFORE
AND NUMEROUS OTHER PEOPLE'S CONCERNS.
I MYSELF HAVE THE SAME CONCERNS. I MEAN, THE RESIDENTS THAT LIVE
BY, THEY ONLY THINK ABOUT OUR STORE ONCE OR TWICE, BUT WE LIVE
RIGHT BEHIND IT, SO ALL THOSE SAME CONCERNS THAT CROSS
PEOPLE'S MINDS JUST ONCE AND IT CROSS OUR MINDS A THOUSAND
TIMES. I WENT TO HIGH SCHOOL RIGHT
ACROSS THE STREET THERE AND MY LITTLE BROTHER GOES TO NORVIEW
MIDDLE SCHOOL AND THE WHOLE FAMILY GREW UP THERE.
WE LIVE RIGHT BEHIND THE STORE. SO JUST SOME OF THE FEW THINGS
WE'VE DONE, YOU KNOW, IN THE COMMUNITY TO TRY TO FOSTER A
RELATIONSHIP AND MAKE THE COMMUNITY BETTER.
THAT'S SOMETHING THAT ONLY A SMALL BUSINESS CAN REALLY
ACCOMPLISH, THINGS LIKE THE CHURCH DOWN THE STREET, GOOD
SAMARITAN OUTREACH PROGRAM. JUST OVER THE PAST TEN YEARS
THAT WE'VE BEEN PARTNER WITH THEM, PROVIDED OVER 2,000 MEALS.
YOU CAN IMAGINE HOW MANY PEOPLE THAT FED.
GETTING SUPPORT FROM THE CIVIC LEAGUE, THAT CHURCH, EVEN FROM
THE HIGH SCHOOL PRINCIPAL. THOSE KIND OF THINGS DON'T COME
JUST FROM HELPING OUT ONCE IN A WHILE, THOSE COME FROM 22 YEARS
OF SERVING THE COMMUNITY AND TRYING TO MAKE IT A BETTER
PLACE. THE SPECIFIC DEMOGRAPHIC SHE'S
TALKING ABOUT, CHILDREN UNDER THE AGE OF 16, THAT'S OUR
CERTAIN TOO. ABSOLUTELY.
THOSE KIDS COME IN THERE AND SOMETIMES THEY'RE A LITTLE
MISGUIDED AND THEY DO SHOPLIFT AND WE TALK TO THEM, WE'VE NOT
TAKEN LEGAL ACTION. IT DOESN'T CHANGE EVERY LITTLE
KID, BUT ONE OUT OF TEN, YOU KNOW, AND IT MAKES A BIG
DIFFERENCE. AND THAT'S SOMETHING THAT A
CHAIN STORY ISN'T WILLING TO DO. WE SHORTENED OUR HOURS OF SALE
OF ALCOHOL BECAUSE WE TALKED TO THE CIVIC LEAGUE AND THAT'S WHAT
THEY WANTED AND THAT WAS A PART OF HOW WE GOT THEIR SUPPORT.
WE'RE MORE THAN WILLING TO ACCOMMODATE ANY KIND OF
SUGGESTIONS OR CONCERNS. WE HAVE 360 SURVEILLANCE, IT'S
SO GOOD, IF SOMEONE DREAMS ABOUT DOING SOMETHING, WE COULD ALMOST
PICK THAT UP. YOU KNOW WHAT I MEAN?
YOU WILL SEE ENCLOSED IN THE PACKET ALL THE LETTERS OF
SUPPORT AND PLANS I MADE WITH MR. ROBIN TAYLOR, ARCHITECT, WHO
WAS HELPING US OUT PRO BONO. COULDN'T AFFORD HIS SERVICES
OTHERWISE. WE REALLY ARE SERIOUS ABOUT
REINVESTING INTO THE COMMUNITY. WITH THE SMALL NON-PROFIT WE DO
MAKE, WE -- SMALL AMOUNT OF PROFIT WE DO MAKE, WE REINVEST
AND THE COLD HARD TRUTH IS, A SMALL CONVENIENCE STORE JUST
CAN'T SURVIVE ANYMORE. WE MADE IT FOR 22 YEARS, BUT
THAT WAS BEFORE WAWA AND WALMART AND COMPETITORS LIKE THAT.
NOT LOOKING AT MAKING A FORTUNE, JUST TRYING TO PAY THE BILLS,
YOU KNOW, TRYING TO KEEP THE LIGHTS ON.
SO FOR AS LONG AS WE'RE THERE, WE'LL KEEP GIVING BACK AS MUCH
AS WE CAN, BUT, YOU KNOW, THE WAY THINGS ARE GOING NOW, WE
REALLY WON'T SURVIVE PAST AUGUST.
THAT'S JUST THE TRUTH, AND LORD KNOWS ONE PAY ISN'T ENOUGH TO
COVER A WHOLE FAMILY. >> YOU HAVE THE CORONADO
INGLENOOK CIVIC LEAGUE? >> YES, MA'AM.
AND ALSO THE NORVIEW HIGH SCHOOL PRINCIPAL.
I DON'T KNOW HOW MUCH WEIGHT THAT HAS.
SHE JUST SPOKE ON OUR CHARACTER TO SUPPORT -- I MEAN, THE RULES
AND REGULATIONS SET FORTH BY THE CITY ARE, I MEAN, THEY'RE VERY
UNDERSTANDABLE. I MEAN, THERE'S NOTHING
EXTRAVAGANT IN THERE. THE NO LOITERING, DRINKING OFF
PREMISES, THE -- ALL THOSE CONCERNS, I MEAN, THOSE ARE VERY
VALID. >> ALL RIGHT, THANK YOU.
DOES ANYBODY ELSE HAVE ANY QUESTIONS?
>> YES. IS THAT THE LAST SPEAKER?
>> ROBYN THOMAS THE ARCHITECT IS HERE.
I DON'T KNOW THAT WE HAVE ANY QUESTIONS FROM HER.
>> I GUESS MY QUESTION IS HAVE THEY EVER HAD ABC AT THAT
LOCATION? YEARS AGO IT WAS A FAMILY NAMED
PERKINS, YOU KNOW, WHO RAN THAT BUSINESS BACK FROM THE '60s ON
UP UNTIL HE DIED, AND THEN -- AND IS THIS THE SAME
ORGANIZATION THAT RAN SEVEN BROTHERS?
>> YES. >> OKAY.
NOW, HAVE THEY EVER BEEN AN ABC LICENSE PERMITTED THERE, FRANK,
FOR OFF PREMISES? >> MR. RIDDICK, WE HAVE NO
RECORD OF AN ABC LICENSE AT THIS ADDRESS.
>> YOU KNOW, IN SOME COMMUNITIES, YOU ALWAYS HAVE AN
ORGANIZATION THAT STANDS OUT THAT DOES NOT, YOU KNOW, SELL
ALCOHOL. I CAN THINK OF A COUPLE OF THEM
OVER IN LINDENWOOD, AND FOR YEARS, THE ONE UP AT AZALEA
GARDEN ROAD AND LITTLE CREEK ROAD, THE AIRPORT PLACE, THEY
DIDN'T HAVE ABC. AND I'M SORT OF SKEPTICAL ABOUT
ALLOWING ABC LICENSE THERE JUST FOR THE MORE -- JUST FOR THE,
YOU KNOW, TO INCREASE PROFIT AND THINGS OF THAT NATURE.
I'M SURE THIS ORGANIZATION IS A GOOD-RUN ORGANIZATION, BUT I
THINK YOU HAVE TO KIND OF GO ALONG WITH THE HISTORY OF THE
COMMUNITY AND THE PERKINS FAMILY RAN IT THERE FOR YEARS BY
SELLING, YOU KNOW, FOOD AND SOFT BEVERAGES AND THINGS OF THAT
NATURE, AND THIS ORGANIZATION HAS BEEN THERE 22 YEARS AND
THEY, YOU KNOW, DONE WELL SELLING FOOD AND THINGS OF THAT
NATURE. AND I THINK AS FAR AS THIS
PARTICULAR LOCATION IS CONCERNED AND THIS PARTICULAR COMMUNITY,
WHICH IS ONE OF NORFOLK'S OLDEST AND VULNERABLE COMMUNITIES, I
THINK, YOU KNOW, I'M GOING TO BE OPPOSED TO AN ABC LICENSE THERE.
I'M JUST GOING TO BE OPPOSED TO IT, THAT'S JUST MY POSITION.
>> AND THE PLANNING COMMISSION RECOMMENDED DENIAL, IS THAT WHAT
YOU SAID? >> ON A TIE VOTE.
3-3. >> I HAD LOOKED AT THIS,
ACTUALLY MET WITH THE GENTLEMAN AND, YOU KNOW, WE'VE BEEN TRYING
TO ACCOMPLISH A LOT IN THAT COMMUNITY AND WE HAVEN'T BEEN
ABLE TO TRULY GET UNDER CONTROL THE PROBLEMS THAT WE'RE HAVING
WITH THE STORE LESS THAN A MILE AWAY DOWN JOHNSON ROAD, YOU
KNOW, ENTERED INTO THAT COMMUNITY.
AND SO I DON'T WANT TO OPEN ANOTHER CAN OF WORMS AT THIS
POINT. THERE'S A LOT OF WORK THAT HAVE
GONE INTO TRYING TO MITIGATE THE PROBLEMS OF DRUGS AND CRIME AND
LOITERING. YOU KNOW, I'VE HEARD BUSINESSES
SAY THAT, YOU KNOW, WE'RE GOING TO DO THAT.
WE'RE GOING TO ADHERE TO THE LOITERING RULES, BUT AT THE END
OF THE DAY, WHAT ENDS UP HAPPENING IS WHEN THEY HAVE TO
GO TO COURT TO PROSECUTE THESE FOLKS, THEY DON'T SHOW UP.
AND IT MAKES THE POLICE OFFICER'S JOB THAT MUCH HARDER.
I DON'T SEE THE RUSH AT THIS POINT TO MOVE FORWARD WITH THIS.
JUST PURELY BASED ON THE OTHER ISSUE THAT WE'RE BATTLING IN
THAT COMMUNITY. AND SO THERE'S -- I CAN'T
SUPPORT IT AT THIS TIME. >> YOU KNOW, I'M HAVING A HARD
TIME WITH THIS BECAUSE IT IS RIGHT NEAR A SCHOOL, HIGH SCHOOL
CHILDREN ARE, AS THE WOMAN SAID, THEY HAVE MONEY AND THEY ARE
DEVIOUS AND THINGS LIKE THAT, AND I UNDERSTAND THE APPLICANT,
FROM A BUSINESS PERSPECTIVE, IN AN EFFORT TO REMAIN COMPETITIVE,
BUT I JUST FIND IT DIFFICULT TO BELIEVE THAT YOU'RE GOING TO
SELL ENOUGH ALCOHOL TO MAKE A PROFIT AND IF THAT IS WHAT YOU
FEEL LIKE YOU NEED TO DO IN THIS COMMUNITY, THEN I DON'T -- I
QUESTION HOW HIGHLY YOU THINK OF THE COMMUNITY.
I CAN APPRECIATE ALL OF THE GOOD THINGS THAT YOU'VE DONE, BUT I
THINK THAT THERE ARE OTHER WAYS THAT YOU CAN MAKE A PROFIT IN
TERMS OF OFFERING OTHER ITEMS IN YOUR STORE, OTHER SERVICES.
THERE ARE SEVERAL OTHER THINGS THAT WOULD BE MUCH MORE
ATTRACTIVE THAT YOU COULD ADD TO YOUR STORE THAT WOULD INCREASE
YOUR LINE OF PROFITABILITY AND YOUR RETURN ON INVESTMENT THAN
BRINGING MORE ALCOHOL INTO THIS COMMUNITY.
SO -- I MEAN, WE APPRECIATE, WE REALLY APPRECIATE, BECAUSE THERE
ARE NOT A LOT OF STORES THAT DO GIVE BACK, ESPECIALLY SMALL
CONVENIENCE STORES THAT GIVE BACK TO THE COMMUNITY AND THAT
ARE ACTIVE AND THAT, YOU KNOW, LIVE RIGHT THERE.
BUT I JUST DON'T THINK ALCOHOL IS THE SOLUTION FOR THE
COMMUNITY AND I DON'T THINK ALCOHOL IS THE SOLUTION FOR
PROFITABILITY. IF ALCOHOL IS THE SOLUTION FOR
PROFITABILITY, WE'VE GOT A BIGGER PROBLEM.
>> CALL THE ROLL. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> NO.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> NO.
>> DR. WHIBLEY. >> I'M A LITTLE PUZZLED BECAUSE
WE'VE GOT, I DON'T KNOW, READING HERE, FOUR, FIVE, SIX ORDINANCES
HERE ALL FOR SPECIAL EXCEPTIONS TO PERMIT THE SALE OF ALCOHOLIC
BEVERAGES. COLLEY AVENUE, THERE'S LARCHMONT
SCHOOL THERE, THERE'S OLD TO MINUTE YUM, THERE'S ST.
PATRICK'S AND I FEEL LIKE WE'RE RATHER INCONSISTENT HERE.
I UNDERSTAND WHAT ANGELIA AND MR. RIDDICK ARE SAYING, BUT IT
JUST SEEMS LIKE WE NEED TO HAVE SOME KIND OF CONSISTENCY HERE
THAT TREATS ALL OF OUR RESIDENTS AND ALL OF OUR BUSINESSMEN AND
WOMEN EQUALLY AND FAIRLY. BECAUSE YOU COULD MAKE THE
ARGUMENT THAT IF THEY NEED ALCOHOL FOR PROFITABILITY, WE'D
HAVE TO SAY THAT IS THE SAME IN R-12 AND R-18 AND R-19.
I'M GOING TO VOTE AYE. >> THAT'S NOT THE ISSUE.
THE ISSUE IS WE'VE HAD SOME SERIOUS PROBLEMS AS A JUST UP
THE STREET IN TERMS OF SHOOTINGS AND DRUGS AND --
>> RIGHT. I DON'T KNOW THAT -- WELL,
ANYWAY, I VOTE AYE. >> OKAY, YEAH.
>> MS. WILLIAMS. >> NO.
>> MR. WINN. >> I SHARE SOME OF COUNCILWOMAN
WHIBLEY'S CONCERNS. WE WENT THROUGH THIS WITH
AIRPORT MART WHICH IS DOWN THERE BY LITTLE CREEK SCHOOL.
I HATE TO -- THE ONLY RETICENCE I GUESS IS TO GO INTO SOMEONE
ELSE'S COMMUNITY IF THEY FEEL THAT STRONGLY ABOUT IT AND VOTE
FOR SOMETHING, SO I'M GOING TO VOTE NO, BUT I THINK WE'RE NOT
BEING CONSISTENT. I THINK WE NEED TO HAVE SOME
DISCUSSION ABOUT THIS AND TRY TO GET EVERYBODY ON THE SAME PAGE.
BUT I WILL VOTE NO. >> MR. FRAIM.
>> NO. DID YOU GET EVERYBODY?
>> YES. >> OKAY.
R-13. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE OPERATION OF AN AUTOMOBILE
REPAIR FACILITY ON PROPERTY LOCATED AT 1160 HARMONY ROAD.
BY 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. >> 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 AN EATING AND DRINKING ESTABLISHMENT ON
PROPERTY LOCATED AT 5103 TO 5107 COLLEY AVENUE.
BY 5-1 VOTE, PLANNING COMMISSION RECOMMENDED APPROVAL.
>> JUST A SECOND. MR. BOGGS, WHERE ARE YOU?
CAN YOU COME UP HERE, PLEASE? AND YOUR JONATHAN BOGGS AND YOU
LIVE AT 1609 HELENA STREET, I GUESS IN NORFOLK?
WE RECEIVED SOME CORRESPONDENCE FROM YOU ASKING FOR LATER HOURS?
>> YES, SIR. >> ARE YOU SUPPORTIVE OF US
VOTING ON THIS ISSUE TONIGHT WITH THE HOURS THAT ARE LAID OUT
AND THEN MAYBE IN AN ATTEMPT IN THE FUTURE TO SEE IF WE COULD
ACCOMMODATE LATER HOURS? OF COURSE, WE STILL HAVE TO TALK
WITH THE CIVIC LEAGUE, WE HAVE TO, YOU KNOW, SEE WHAT THE CITY
ATTORNEY, WHAT COULD BE DONE OR NOT DONE.
WAS THAT OKAY WITH YOU? ARE YOU PREPARED TO MOVE FORWARD
THE WAY IT IS RIGHT NOW? >> OBVIOUSLY I'M HERE TO ACCEPT
YOUR JUDGMENT ON THESE THINGS. I ASK FOR THE LATER HOURS LAID
OUT IN THE CORRESPONDENCE ABOUT THE ECONOMIC VIABILITY AND HOW
THE RESTAURANT BUSINESS HAS CHANGED IN THE CITY OF NORFOLK.
I WILL SAY THAT IT IS EXTREMELY DIFFICULT TO OPEN UP IN A MARKET
BY DIFFERENT RULES THAN YOUR COMPETITORS HAVE.
THAT BEING SAID, IT'S ALSO VERY HARD TO ESTABLISH A BUSINESS A
YEAR DOWN THE LINE AS SOMETHING DIFFERENT THAN WHAT IT OPENS AS.
THAT'S BEEN MY EXPERIENCE IN ALMOST 20 YEARS IN THE
RESTAURANT BUSINESS. HOWEVER, YOU KNOW, I OWN TWO
RESTAURANTS THAT ARE IN THE GREATER NORFOLK AREA THAT HAVE
DO OPERATE WITH A SPECIAL EXCEPTION TO 1:30 A.M. AND WE
SERVE THE FULL MENU ALL THE WAY THROUGH.
WE DON'T JUST SERVE CHIPS AND SALSA AND I THINK WE'RE A REAL
BENEFIT TO THE COMMUNITY. 90% OF OUR INDEPENDENT
RESTAURANTS FAIL WITHIN THE FIRST THREE YEARS THAT THEY'RE
OPEN. BY NOT BEING ABLE TO OPERATE BY
THE SAME RULES AS MOST OTHER COMPETITORS IN THE MARKET, IT
CERTAINLY INCREASES THAT CHANCE OF BEING NOT VIABLE.
>> WELL, I GUESS WHAT I'M TRYING TO SAY IS THAT EVEN IF WE WERE
INCLINED TO VOTE FOR EXTENDED HOIRS, WE'RE TOLD BY THE --
HOURS, WE'RE TOLD BY THE CITY ATTORNEY THAT WE'RE NOT ABLE TO
DO THAT WITHOUT JUMPING THROUGH A COUPLE OF OTHER HOOPS.
>> OKAY. >> AND WE CAN CONTINUE THIS
MATTER AND SEE IF WE CAN DO THAT, BUT, OF COURSE, I ALSO
WANT TO MENTION THE FACT THAT WE'VE -- THAT, YOU KNOW, WE
STILL HAVE TO CHECK WITH SOME FOLKS IN THE CIVIC LEAGUE ABOUT
IT. >> SURE.
>> AND WE HAVE HEARD FROM SOME SUPPORTERS OF YOURS.
OR WE CAN VOTE TONIGHT AND GIVE YOU THE HOURS THAT ARE PROPOSED
UP TO, I THINK, 11:00 AND 12:00. >> RIGHT.
>> AND THEN COME BACK AND SEE IF WE CAN ASSIST YOU IN THE FUTURE
WITHOUT ANY PROMISES. >> SURE, UNDERSTOOD.
>> OR WE CAN JUST CONTINUE THE THING.
>> WELL, THE CONTINUANCE WOULD ADD CONSIDERABLE MORE HARDSHIP
TO THE PROJECT, SO I AM PREPARED TO ACCEPT YOUR JUDGMENT AT THIS
POINT. >> ANOTHER THING, JONATHAN, IS
WE'VE ASKED TO GET A RULING TO SOME LEGAL HURDLES.
ASSUMING WE GET ALL THE NEIGHBORS, WHICH WE THINK WE
ARE, TO GO ALONG, THERE'S SOME LEGAL HURDLES WE COULDN'T
OVERCOME TONIGHT. >> YES, SIR.
>> AND WE'VE ASKED TO COME BACK IN JULY SO I THINK YOU WILL KNOW
ONE WAY OR ANOTHER IN 30 DAYS AND IT'S SOMETHING WE EITHER --
I WAS THE OPINION YOU WERE READY TO GET STARTED AND GET IN GEAR
AND WE CAN BRING IT BACK WITH THE LEGAL -- OUR CITY ATTORNEY
HAS BEEN INSTRUCTED TO TRY TO GET THOSE THINGS WITH FRANK DUKE
TO RESOLVE THOSE BEFORE WE GO ON COUNCIL VACATION WHICH IS LIKE
THE FOURTH WEEK OF JULY. WE'RE TALKING ABOUT 30 DAYS, BUT
I WAS OF THE OPINION YOU WANTED TO GET STARTED.
>> CERTAINLY, YES, SIR. >> IF I COULD RECOMMEND TO YOU,
WHEN YOU HAVE THE OPPORTUNITY, WE VIDEO THE INFORMAL MEETINGS
AND I DON'T KNOW IF YOU WERE DOWNSTAIRS OR NOT.
MY RECOMMENDATION IS, WATCH IT THIS EVENING OR TOMORROW AND YOU
WILL GET AN UNDERSTANDING OF WHERE I THINK WE'RE COMING FROM.
IT'S ALMOST -- I THINK WE WERE ALMOST TALKING TO YOU IN A
VACUUM AND WE WANT TO GIVE YOU ADVICE --
>> UNDERSTOOD. >> -- THAT WE BELIEVE, SOME OF
US BELIEVE IS BENEFICIAL TO YOU IN THE BUSINESS.
WE WANT TO SEE THINGS HAPPEN, BUT I WOULD SUGGEST AT SOME
POINT YOU DO WATCH IT EITHER ONLINE OR CHANNEL 48 AND IT
WOULD GIVE YOU SOME GUIDANCE OF TRYING TO HELP YOU OUT EVEN
FURTHER THAN WHAT YOU'RE ASKING FOR NOW.
I THINK THERE'S SOME CONCERN WITH THE CIVIC LEAGUE AND THAT
NEEDS TO BE CLEARED UP, TO MEET THAT EXPECTATION THAT YOU WOULD
WISH TO HAVE IN THE FUTURE, BUT THE BEST WAY FOR YOU TO DO THAT
IS SO SEE OUR DISCUSSION EARLIER DURING THE WORK SESSION AND
UNDERSTAND WHERE WE'RE COMING AND THAT MAY GIVE YOU SOME IDEA.
WE DO WANT TO SEE YOU GET STARTED.
IF I COULD ASK FRANK A QUICK QUESTION.
FRANK, IF WE VOTE IN FAVOR OF HIM TONIGHT, WHICH I THINK THERE
IS A CONSENSUS THAT'S WHAT WE WISH, WHERE DOES THAT PUT HIM
SHOULD HE -- SHOULD WE GO THROUGH THE MATTER WITH PLANNING
AND THE CITY ATTORNEY'S OFFICE, HOW DOES HE HAVE TO COME BACK IF
IT CLEARS THE CIVIC LEAGUE FOR THE LATER HOURS?
>> WELL, I NEED TO STRESS THIS IS NOT SIMPLY AN ISSUE OF
CLEARING WITH THE CIVIC LEAGUE. THIS WOULD REQUIRE ORDINANCE
CHANGES AND UNDER STATE LAW, THAT DICTATES THAT TIME FRAME.
THERE IS NO WAY UNDER THE REQUIREMENTS OF STATE LAW TO GET
THIS BACK TO YOU BY THE TIME YOU COME BACK FROM YOUR VACATION.
THE EARLIEST I CAN GET IT THROUGH PLANNING COMMISSION,
ADVERTISING REQUIREMENTS WOULD BE THE END OF AUGUST.
WHICH MEANS THE EARLIEST YOU WOULD BE IN A POSITION TO
ACTUALLY VOTE ON IT WOULD BE LATE OCTOBER, THE ORDINANCE
CHANGE WOULD BE LATE OCTOBER, EARLY NOVEMBER, AND THEN THAT
WOULD REQUIRE A NEW SPECIAL EXCEPTION REQUEST WITH A CHANGE
OF HOURS. >> SO HE WOULD HAVE TO COME BACK
TO YOU TO MAKE THIS APPLICATION AND THEN THAT PROCESS WOULD
BEGIN? >> CORRECT.
>> SO WE WANT TO GET HIM STARTED AND THEN THE REMAINDER OF IT
MOVES ALONG. >> IS THERE ANY WAY FOR A
CONDITIONAL APPROVAL OF THE EXTRA HOURS?
>> NO, SIR, THE ORDINANCE IS VERY SPECIFIC AT THIS POINT,
LIMITING THE HOURS AN APPLICANT CAN REQUEST.
>> OKAY, BUT FRANK, YOU'VE GIVEN US WHAT TYPICALLY OCCURS, AND IF
WE WANTED TO ABSOLUTELY WALK THIS, YOU KNOW, HAND -- I MEAN
TO WALK IT THROUGH EVEN IF WE HAD A QUICK JOINT MEETING OR
SOMETHING. >> THAT WOULD BE THE ONLY WAY TO
EXPEDITE THAT PROCESS WOULD BE A JOINT HEARING.
>> BUT STILL PUTS HIM OFF. I MEAN, I THINK THAT SOMETHING
NEEDS TO BE UNDERSTOOD IS THAT RESTAURANTS FUNCTION ON CERTAIN
MARGINS AND THOSE MARGINS CAN BE EXTREMELY SLIM.
WHETHER IT WAS SELLING A SIX-PACK OR SELLING A BOTTLE OF
WINE OR BEING OPEN AN EXTRA HOUR.
I MEAN, THAT IS A VERY SIGNIFICANT -- AND MAYBE IT WAS
MISUNDERSTOOD IN THE PREVIOUS APPLICANT, THAT IS AN EXTREMELY
IMPORTANT ASPECT OF BEING ABLE TO KEEP YOUR DOOR OPEN AND I GET
IT. WE DON'T WANT TO KEEP HIM -- WE
DON'T WANT TO PUSH THIS RESTAURANT BACK TOO FAR, BUT
LET'S AT LEAST GET HIM GOING AND THEN SEE WHAT WE CAN DO.
PLEASE WATCH THAT SESSION. >> YES, SIR.
>> AND GET TOGETHER WITH FRANK AND YOU CAN SEE WHAT WE'RE
TALKING ABOUT. >> CAN WE -- AND I KNOW WE
TALKED ABOUT IT BEFORE -- TRY TO GET A LITTLE BIT INNOVATIVE ON
THIS, BERNARD, AND FRANK? >> WE'VE ALREADY HAD SOME --
WE'VE ALREADY HAD SOME DISCUSSIONS WITH MR. MOLITA
ABOUT POTENTIAL WAYS WE CAN ADDRESS IT.
>> CAN DEVELOPMENT STEP IN AND WALK HIM THROUGH?
>> IF WE COULD HAVE A JOINT MEETING NEXT MONTH, WHATEVER IT
TAKES, I THINK THAT'S WHAT WE WANT TO DO.
I WOULD ASK, TOO -- AND YOU NEED TO, WHEN YOU TALK TO THE CIVIC
LEAGUE, THEY'RE NOT GOING TO HAVE OUTDOOR MUSIC AND NOT GOING
TO LET PEOPLE OUT ON THE PATIO AFTER CERTAIN HOURS.
>> WHEN I MET WITH THE EXECUTIVE BOARD OF THE CIVIC LEAGUE,
THAT'S WHAT THEY ASKED ME. THEY SAID THEY WERE GOING TO
FORMALIZE IT IN A LETTER, WHICH I DON'T BELIEVE THEY -- BUT I'M
STILL GOING TO LIVE UP TO THE BARGAIN.
>> BUT DID YOU TELL THEM AT THAT TIME THAT YOU WERE PROPOSING FOR
THE LATER HOURS. >> I TOLD THEM I WANTED TO BE
OPEN LATER, BUT AT THE TIME PLANNING WAS LIMITING WHAT I
COULD APPLY FOR HOURS WISE. >> DID THEY INDICATE ANY PROBLEM
WITH THAT, JONATHAN? >> NOT TO MY KNOWLEDGE, BUT WE
HAD A LOT OF DIFFERENT CONVERSATIONS ABOUT MORE THE
PROBLEM THEY HAD WITH THE PREVIOUS TENANT.
>> RIGHT, AND THAT'S -- >> I CAN UNDERSTAND THAT.
I LIVED IN MEADOW BROOK AND DROVE BY THAT AREA.
>> RIGHT. I THINK WE'RE READY TO VOTE
TONIGHT. >> THE KEY MAY BE TO GET YOU
GOING AND THEN CHUCK IS BACK THERE.
CHUCK MAY HAVE IS THE THROUGH THE EARLIER -- SAT THROUGH THAT
EARLIER DISCUSSION TO GET YOU THAT BOOST TO WHERE YOU WANT TO
BE. >> BUT I THINK THE KEY FOR US IS
TO GET INNOVATIVE LEGALLY. >> LETS GET HIM GOING.
>> AND MANAGER, WE REALLY WOULD, YOU KNOW -- ANY WAY YOU CAN, I
MEAN, MOVE ON THIS AS SOON AS TOMORROW TO TRY TO GET THE
PAPERWORK DONE, PLEASE TELL JONATHAN WHAT HE HAS TO DO AND
LET'S -- I UNDERSTAND THAT, BUT IT'S REALLY JUST -- IT MIGHT BE
MORE OF A PLANNING FUNCTION THAN IT IS AN ECONOMIC DEVELOPMENT.
BUT YOU CAN WORK ON IT TOGETHER, HOWEVER YOU WANT TO HANDLE IT,
YOU KNOW, SO WE CAN EXPEDITE THIS THING.
HE RUNS TWO EXCELLENT RESTAURANTS IN THIS CITY AND
WOULD BE A -- >> WHAT ARE THEY?
>> AW SHUCKS. >> WHICH IS GREAT.
>> AND TORTILLA WEST, AND I THINK IT WOULD BE AN AMENITY TO
THAT PART OF COLLEY AVENUE AND I THINK IF PEOPLE HAD AN
OPPORTUNITY TO VISIT THOSE ESTABLISHMENTS, THAT THE CIVIC
LEAGUE REALLY KNEW WHAT YOU WERE TRYING TO RUN, I CAN'T IMAGINE
THERE WOULD BE SIGNIFICANT OPPOSITION, BUT I DON'T SPEAK
FOR THEM. WE HAVE TO WAIT AND SEE.
WE'LL GO AHEAD AND VOTE TONIGHT ON THE THING.
IS THAT OKAY? >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> 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 RELIGIOUS
INSTITUTION ON PROPERTY LOCATED AT 2736 TO 2746 WOODLAND AVENUE.
AND BY 6-0 VOTE, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> MR. BLEVINS IS HERE TO ANSWER ANY QUESTIONS IF THERE ARE ANY.
I DON'T KNOW THAT THERE ARE, AS WELL AS ERIC JORDAN AND RICHARD
PARKER IS HERE. >> IS THAT THE ARCHITECT WITH
THE RENDERINGS? >> MR. BLEVINS, WOULD YOU LIKE
TO COME FORWARD? DO WE HAVE A QUESTION?
DO YOU HAVE THE RENDERINGS WITH YOU?
THAT WOULD BE ALL RIGHT. >> THIS IS R-15.
AND YOU'RE MR. -- IS IT STEVE BLEVINS?
>> YES, SIR, STEVE BLEVINS AT 770 INDEPENDENCE CIRCLE RAECH --
CIRCLE, VIRGINIA BEACH. [ INAUDIBLE COMMENTS ]
>> AND THEY TORE DOWN THE HOUSE THERE AND -- OKAY.
WHAT'S THE SECOND ONE? >> CAN WE SEE THAT OVER HERE?
>> FRANK, THE -- >> CAN WE SEE THAT DOWN HERE?
>> THE LANDSCAPING REQUIREMENTS THERE?
>> WHAT YOU HAVE IS A CONCEPTUAL, OR WHAT YOU'RE BEING
SHOWN AS CONCEPTUAL SITE PLAN IS THAT ALSO IN YOUR PACKET.
IT WILL REQUIRE GOING THROUGH THE CITY'S SITE PLAN PROCESS, AT
WHICH POINT WE WOULD BE EVALUATING IT TO ENSURE THAT THE
LANDSCAPING DOES MEET ALL THE ORDINANCE REQUIREMENTS.
>> OKAY. THANK YOU.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> ANY OTHER QUESTIONS? MR. JORDAN -- OKAY.
I THOUGHT YOU WERE WITH MR. BLEVINS.
NO, OKAY. YOU DIDN'T INDICATE THAT YOU
WERE -- ALL RIGHT. >> IT'S ON THE SHEET.
>> I'VE GOT IT. WOULD YOU TELL US YOUR NAME AND
ADDRESS. >> MY NAME IS ERIC JORDAN.
I LIVE AT 1408 SOUTH EAGLE BOULEVARD, CHESAPEAKE, VIRGINIA.
I'M CURRENTLY A TRUSTEE AT THE FIRST CALVARY BAPTIST CHURCH.
THE PASTOR IS THE RECEIVE VEND DR. JOHNNY L. WHITE SENIOR.
I'M HERE WITH SEVERAL OF MY OTHER FELLOW TRUSTEE MEMBERS AND
OUR POSITION HERE, MR. FRAIM, COUNCIL MEMBERS, THAT IS WE BE
FIRST CALVARY BAPTIST CHURCH, STILL THINK THAT WE OWN A
PORTION OF THAT LAND. NOW, WE HAVE NOT BEEN FORMALLY
PRESENTED ANY DOCUMENTATION FROM THE CITY SAYING THAT WE DOES
NOT. AND WE WOULD LIKE TO HAVE THAT
DONE BEFORE YOU RENDER YOUR JUDGMENT.
>> YOU ARE TALKING ABOUT THERE WAS A HOUSE THERE ON THAT --
>> YES, FIRST CALVARY BAPTIST CHURCH OWN THE LAND.
THERE WERE THREE PIECES OF PARCELS INVOLVED.
ONLY TWO OF THEM WERE SOLD. >> THAT'S A LEGAL ISSUE THERE.
>> DO YOU HAVE A DEED OR ANY DOCUMENTATION THAT SAYS THAT YOU
DO OWN IT? >> YES, MA'AM, I SURE DO.
>> WELL -- >> I DON'T THINK WE NEED TO DO
THAT LEGALLY. >> CAN WE -- I RESPECTFULLY ASK
WE HOLD THIS FOR TWO WEEKS. >> SURE.
>> ALL WE WANT TO DO IS BE INFORMED.
>> SO DO WE. >> WE HAVE NOT BEEN INFORMED AS
OF THIS POINT. >> INFORMED ABOUT WHAT?
>> INFORMED. I MEAN, SOMEONE -- THE LAST TIME
THEY HAD CITY COUNCIL MEETING AND THEY CAME UP, MR. TRAYHON
CAME UP AND TOLD US THAT, HEY, LOOK, THERE'S SOME DISPUTES
ABOUT THE LAND. EVEN HE FELT THAT FIRST CALVARY
BAPTIST CHURCH OWNED A PORTION OF THE LAND AND WE'RE STILL
TRYING TO BUILD ON. >> WHO'S TRYING TO BUILD ON?
>> WOODLAND AVENUE PROPERTY, BUT FIRST CALVARY BAPTIST CHURCH
OWNS A PORTION OF THE LAND, SO YOU HAVE TO GIVE ME AN
OPPORTUNITY TO TELL ME WHAT INFORMATION THEY HAVE --
>> HOLD ON. HE'S HERE FOR THE CHURCH, RIGHT?
FOR THAT -- >> THERE ARE TWO CHURCHES.
>> FOR THAT CHURCH. I'M HERE FOR THE CHURCH THAT
SOLD THE LAND. >> WE DON'T WANT TO GET INTO
THAT. >> ALL I WANT TO DO IS, I
RESPECTFULLY ASK FOR A TWO-WEEK CONTINUANCE AND LET THE --
MR. PISHKO, IF YOU WILL -- >> I DON'T THINK HE NORMAL GETS
IN THE MIDDLE. >> I THINK THEIR LAWYER HAS TO
DETERMINE -- WE'RE NOT GOING TO LET ANYBODY BUILD ON LAND THEY
DON'T OWN. I FEEL CONFIDENT OF THAT.
>> THAT'S OKAY. WE'RE GOING TO CONTINUE IT.
>> IS TWO WEEKS ENOUGH TIME? >> TWO WEEKS IS -- THIS THING
HAS BEEN OUT THERE FOR SOME TIME, SO I THINK TWO WEEKS IS
MORE THAN APPROPRIATE TO BE ABLE TO -- LET ME GET MY ARMS AROUND
THIS THING AND WE'LL COME BACK AND VOTE IT UP OR DOWN.
>> YOU GOING TO SEARCH THE TITLES?
>> I'M GOING TO SEE WHO'S PAYING TAX.
>> IT'S BEEN ASKED THAT WE CONTINUE THE MATTER FOR TWO
WEEKS. >> UNDERSTOOD.
>>S AT FIRST TIME IT'S ON THE DOCKET.
WE'LL DO THAT. IT MAY TAKE MORE TIME IN THE
FUTURE. WE DON'T SETTLE ISSUES HERE
ABOUT TITLE. >> WE UNDERSTAND.
>> AND MR. BLEVINS, DID YOU WANT TO ADD SOMETHING TO THAT?
IT'S BEEN OUT HERE A COUPLE YEARS ALREADY.
>> THIS ISSUE CAME UP AT PLANNING COMMISSION AND WE --
APPARENTLY THERE WAS SOME -- THERE WAS SOME DEEDS PRESENTED
AND WE GAVE ALL THAT TO THE REAL ESTATE ASSESSOR'S OFFICE AND
PROVED THAT THE LAND DID BELONG TO THE WOODLAND BAPTIST CHURCH.
ESSENTIALLY, THERE WAS A DIFFERENCE IN THE NAME CHANGE
AND MR. PARKER, WHO'S A TRUSTEE OF THE WOODLAND COULD PROBABLY
BETTER EXPLAIN IT. >> WE'RE NOT GOING TO RESOLVE
THIS TONIGHT. WE'RE GOING TO GIVE YOU ALL A
COUPLE WEEKS TO TRY TO RESOLVE IT AMICABLY AND WITH MR. BURFOOT
GOING TO TRY TO SEE IF HE CAN, IF HE CAN'T, WE'RE JUST GOING TO
GO WITH WHO'S THE TITLE THAT IS ASSESSED.
>> LIKE I SAID, WE WENT THROUGH THIS EXERCISE DURING PLANNING
COMMISSION AND PROVIDED THE DOCUMENTATIONS TO SATISFY THE
REAL ESTATE -- >> WE SHOULD BE ABLE TO RESOLVE
THIS. >> WHAT IS TWO WEEKS?
>> JULY 10. >> AND WE'LL BE MEETING JULY
10th? WE'RE GOING TO CONTINUE THE
MATTER TWO WEEKS, OKAY? THANK YOU.
>> THANK YOU. >> THE MOTION TO CONTINUE TWO
WEEKS, PLEASE. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> NO. >> MR. RIDDICK.
>> AYE. >> DR. WHIBLEY.
>> I'M GOING TO SAY NO. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-16.
>> AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT THE
OPERATION OF A COMMERCIAL DRIVE-THROUGH FACILITY ON
PROPERTY LOCATED AT 1530 INTERNATIONAL BOULEVARD.
BY 6-0 VOTE, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> MARK CHOY IS THE APPLICANT AND HE'S HERE TO ANSWER ANY
QUESTIONS. OKAY.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-17.
>> AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO OPERATE AN
ENTERTAINMENT ESTABLISHMENT ON PROPERTY LOCATED AT 1570 NORTH
MILITARY HIGHWAY. BY 6-0 VOTE, PLANNING COMMISSION
RECOMMENDS APPROVAL. >> I THINK, MR. McCARTHY, ARE
YOU HERE? HE'S HERE TO ANSWER ANY
QUESTIONS IF WE HAVE ANY. CALL THE ROLL.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> 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 5015 COLLEY AVENUE.
BY 4-2 VOTE, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> AND MR. HOLLEY, GORDON HOLLEY IS HERE TO ANSWER QUESTIONS IF
WE HAVE ANY. CALL THE ROLL.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> CAN I ASK? >> SURE.
>> FRANK, WHO ARE THE TWO NO'S? >> MR. LAW.
>> MR. LAW WAS ONE OF THEM, AND MS. DUNN WAS THE OTHER NO VOTE.
>> OKAY. AYE.
>> MR. RIDDICK. >> 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 ENTERTAINMENT
ESTABLISHMENT ON PROPERTY LOCATED AT 328 WEST 20th STREET.
BY A 5-1 VOTE, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> AND THAT WAS MR. LAW THAT WOULD BE DISAPPROVING IT?
PROBABLY RIGHT. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> I HAVE TO SAY THIS.
I KNOW THERESA AND BARCLAY BOTH BROUGHT UP THE QUESTION EARLIER
ABOUT CONSISTENCY, BUT I GO BACK AND AGONIZE OVER THE ONE WE
VOTED WITH THE CONVENIENCE STORK BUT WHEN I GO BACK AND I THINK
ABOUT THAT WHOLE CORRIDOR AS MR. RIDDICK EARLIER SAID, THAT
SEWELLS POINT CORRIDOR, THAT IS THE ONLY ESTABLISHMENT THERE
THAT WOULD BE SELLING ALCOHOL, AND IT'S A VERY FRAGILE
NEIGHBORHOOD. YOU HAVE ALEXANDER STREET AND
THE PROBLEMS WE'VE HAD, YOU HAVE WELLERTON OAKS OVER THERE, SO IN
TERMS OF TRYING TO BE CONSISTENT, YOU HAVE TO LOOK AT
THE COMMUNITY AS A WHOLE. I KNOW THAT THERE HAVE BEEN
TIMES WHERE I VOTED FOR ESTABLISHMENTS TO HAVE AN ABC
LICENSE, BUT I JUST REALLY, REALLY PUT SOME THOUGHT TO THIS
PARTICULAR ONE AND UNDERSTANDING THE TRUE CHALLENGES THAT WE'VE
HAD AND THE MURDERS AND FATALITIES THAT WE'VE HAD IN
THAT PARTICULAR AREA, WHICH MAKES IT DIFFICULT, YOU KNOW.
THERE ARE OTHER COMMUNITIES THAT ARE MORE STABLE AND STRONGER
THAN THAT PARTICULAR COMMUNITY AND THAT AREA, AND IF THAT WERE
THE CASE AT THAT PARTICULAR COMMUNITY WAS THAT STABLE AND
STRONG, THEN I COULD SEE MYSELF SUPPORTING THAT CONVENIENCE
STORE, BUT I JUST HAD TO PUT THAT OUT THERE WHEN WE STARTED
TALKING ABOUT CONSISTENCY IS MORE THAN JUST LOOKING AT THE
ESTABLISHMENT ITSELF AND LOOKING AT ABC LICENSE.
WITH THIS PARTICULAR ONE, I VOTE AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> THIS IS, WHAT, 20?
>> 19. >> 19, I VOTE AYE.
>> DR. WHIBLEY. >> I THOUGHT WE WERE ON 18.
>> NO, WE'RE ON 19. >> IF IT WAS 18, I COULD HAVE
TALKED TO YOU ABOUT THE FRAGILILITY OF THAT NEIGHBORHOOD
TOO. I VOTE AYE ON ALL OF THEM.
22, PUT ME DOWN FOR 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 4200 MONARCH WAY.
BY 5-1 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. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-21.
>> A RESOLUTION IN SUPPORT OF THE NORFOLK PUBLIC SCHOOLS
SEEKING A FEDERAL GRANT THROUGH THE OFFICE OF ECONOMIC
ADJUSTMENT OF THE DEPARTMENT OF DEFENSE TO RENOVATE OR REBUILD
CAMP ALLEN ELEMENTARY SCHOOL. TO ADOPT THE RESOLUTION.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-22. >> AN ORDINANCE AUTHORIZING THE
MANAGEMENT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF NORFOLK
AND WATERSIDE MARINA, LLC, FOR THE OPERATION OF THE WATERSIDE
MARINA. >> MICHAEL EVANS?
>> GOOD EVENING. I'M MICHAEL EVANS, AND BETWEEN
'92 AND -- >> YOU LIVE AT 50 --
>> 250 WEST TAZEWELL STREET. BETWEEN '92 AND '05, MY COMPANY
HAD THE CONTRACT FOR OPERATING WATERSIDE MARINA.
RESPONDING TO THE NEWSPAPER, AND IN THE PAPER, THEY MADE IT
PRETTY EMPHATIC THAT IN DISCUSSIONS WITH THE CITY
MANAGER, THAT THE COMPANY THAT'S ABOUT TO DO THE WORK AT
WATERSIDE IS GOING TO GET A PASS ON STEPPING UP TO WATERSIDE
MARINA. IN THE ARTICLE, THE FOLKS THAT
RUN IT RIGHT NOW, ARE QUOTED AS PROMISING TO BRING THE REVENUES
UP TO A QUARTER OF A MILLION DOLLARS, WHICH MEANS APPARENTLY
THAT LAST YEAR'S WAS SOMEWHERE SOUTH OF 225.
THE BEST YEAR THAT I HAD WAS AROUND 1998, WE HAD AROUND 275,
AND THAT WAS CHARGING 1.10 PER FOOT.
TODAY, THEY'RE CHARGING 1.50 A FOOT.
THAT PUTS INTO PERSPECTIVE THE REAL DIVE THAT HAS TAKEN PLACE
IN THE MARINE INDUSTRY. I SUBMIT TO YOU THAT BY GIVING
THE FOLKS THAT ARE GOING TO DO THE LARGER BUILDING A PASS AND
SHORTSHEETING THE MARINA ON THE IMPROVEMENTS NEEDED THERE, THAT
IT'S LIKE NEEDING FOUR TIRES AND BUYING THREE.
LEAVING ON THE BALD ONE THAT WON'T PASS INSPECTION.
THE MARINA HAS A LOT OF SYSTEMIC DIFFICULTIES.
WHEN I LEFT IN '05, I TOOK OUT A FULL-PAGE AD IN THE PILOT
THANKING THE PEOPLE WHO HAD HELPED ME GET IT, KEEP IT, AND
BE A PART OF IT. AT THAT TIME, I TOLD THEM -- I
SAID IN THE AD THAT I TOOK OUT THAT THE BOATS THAT -- SINCE THE
MARINA WAS BUILT IN '83, BOATS THAT COME THERE NOW HAVE SO MUCH
HIGHER POWER REQUIREMENTS AND, AND THE MARINA HAS REMAINED
STAGNANT. NOT TO GET TOO DETAILED, BUT
DOWNTOWN HAS 208 POWER. BOATS NEED 220.
THE MARINA WILL OFTEN COME DOWN TO 195 OR 196 VOLTS ON PEOPLE'S
VOLT METERS. IT RUINS COMPUTERS, RUINS
MOTORS. I THINK IT IS SHORTSHEETING THE
FOLKS RUNNING THE MARINA TO SADDLE THEM WITH CONTINUED
OBSOLESCENCE DOWN THERE WHILE THE LAND SIDE GETS THE SPARKLING
NEW LOOK, AND THE MARINA, WHICH MANY OF YOU WILL REMEMBER, JIM
ROUSE AND MASON ANDREWS AND OTHERS PAINTED THAT PLACE AS THE
STATIC DISPLAY FOR THE LAND CROWD TO COME DOWN AND ENJOY
THIS CHANGING VIEW OF AMBIANCE, BUT THE CITY -- BUT PEOPLE ARE
STAYING AWAY BECAUSE THE POWER IS RUINING THEIR BOATS.
>> THANK YOU, MICHAEL. MICHAEL, I THINK WE AGREE WITH
EVERYTHING YOU SAID, THAT THE MARINA LEASE IS COMING UP.
THIS IS A VERY SHORT TERM FIX TO KEEP THE MARINA OPERATING.
WE INTEND, AS PART OF THE FIX OF WATERSIDE, TO INVEST
SUBSTANTIALLY IN THE MARINA AND TO IMPROVE IT.
THIS JUST KEEPS, AS YOU WILL, THE DOORS OPEN, KEEPS THEM
OPERATING FOR THE SHORT TERM AND THEN THE FIX THAT YOU'VE TALKED
ABOUT, THE COUNCIL HAS TALKED ABOUT THE NEED TO IMPROVE ALL OF
THIS, IT'S -- WE'VE NEGLECTED THIS PROPERTY FOR A LONG, LONG
TIME, THIS MARINA, AND WE KNOW IF WE'RE GOING TO DO SOMETHING
SUBSTANTIAL TO WATERSIDE, THE MARINA ALSO NEEDS SOMETHING VERY
SUBSTANTIAL, AND WE INTEND TO DO THAT.
>> THAT'S GOOD NEWS. >> OKAY.
I KNOW THE ARTICLE DIDN'T MENTION IT, BUT THAT'S THE --
>> NO. >> TAKING WHAT MIKE SAID, CAN I
ASK BERNARD? >> SURE.
>> BERNARD, LOOK AT THE DOCUMENTS AND DISCUSSING EXACTLY
AS PAUL JUST SAID, ONE OF THE ISSUES WOULD BE FOR US TO
IMPROVE THE MARINA, AND IF YOU COULD JUST -- AND I GLANCED
THROUGH THEM. I DIDN'T SEE AN AREA THAT
ALLOWED FOR A RIGHT OF ENTRY FOR US.
THESE ARE ONE-YEAR TERMS, AM I CORRECT?
TERMS ARE ONE YEAR, ONE YEAR RENEWALS.
>> IT'S A ONE-YEAR TERM THAT WE CAN SHORTEN WITH 60 DAYS'
NOTICE. >> AND THAT WOULD BE OUR OPTION,
NOT A MUTUAL OPTION, OUR OPTION IF WE NEED TO ENTER AND TO MAKE
THE IMPROVEMENTS THAT THE MANAGER AND COUNCIL HAS
DISCUSSED? >> THE 60-DAY TERMINATION
PROVISION IS SET FOR THE BENEFIT OF THE CITY.
THE OPERATOR CANNOT TERMINATE WITH THE SAME AMOUNT OF NOTICE.
AS YOU SAID -- YOU SAID IT CORRECTLY.
IT'S JUST THE CITY'S OPTION TO SHORTEN IT IF CAPITAL
IMPROVEMENTS OR OTHER REASONS REQUIRED.
>> THAT'S FINE, OKAY. >> AT THE END OF THE DAY, THIS
IS GOING TO BE A PUBLIC-PRIVATE PARTNERSHIP.
WE'RE GOING TO HAVE TO PONY UP TO ENSURE THAT THE MARINA IS
DONE CORRECTLY. AND SO, I MEAN -- WELL, THAT'S
ANOTHER BALL GAME. >> OKAY.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. IT PROBABLY HAS BEEN 25 YEARS
SINCE THE CITY MADE A SUBSTANTIAL INVESTMENT.
WE PLAN OVER TIME TO DO IT, BUT IT'S JUST NEVER BEEN DONE.
IT'S WAY, WAY OVERDUE. R-23.
>> A RESOLUTION CERTIFYING TO THE VIRGINIA RETIREMENT SYSTEM
THAT THE CITY OF NORFOLK HAS ELECTED TO PAY THE EMPLOYER
CONTRIBUTION CERTIFIED RATE OF 11.74% ON BEHALF OF ALL 55212
CONSTITUTIONAL OFFICERS AND THEIR EMPLOYEES WHO ARE MEMBERS
OF THE VIRGINIA RETIREMENT SYSTEM EFFECTIVE JULY 1, 2012.
>> QUESTION? >> YES.
WAS IT LAST YEAR THAT NEW EMPLOYEES THAT HAD TO START
PAYING 5% OF THEIR -- INTO THE RETIREMENT SYSTEM?
>> I BELIEVE THAT'S OCTOBER 2010.
>> 2010? >> SO WHAT'S THE DIFFERENCE IN
THIS? AND WHY ARE WE PAYING THEIRS AND
THEY'RE NOT PAYING A PORTION OF IT?
>> I'M PRETTY FAMILIAR WITH THIS.
THE GENERAL ASSEMBLY, IN IT'S LAST SESSION, REQUIRED A 5%
CONTRIBUTION AND ALONG WITH THAT, A 5% WAGE INCREASE.
AND SO THAT THE EMPLOYER HAD BEEN PAYING THE EMPLOYEE'S 5%
CONTRIBUTION, THE GENERAL ASSEMBLY PROHIBITS IT NOW SO THE
EMPLOYEE MUST PAY IT. THE EMPLOYEE CONTRIBUTION.
BUT THE GENERAL ASSEMBLY AT THE SAME TIME REQUIRED THAT
EXPENDITURE OF THE EMPLOYEE IS REQUIRING THE EMPLOYER TO PAY
5% -- >> PAY RAISE.
>> SO FOR THE UPCOMING YEAR, IT WILL BE ESSENTIALLY A WASH FOR
THE EMPLOYEE, SO THAT THE EMPLOYER WILL NO LONGER BE
PAYING THE EMPLOYEE PORTION, THE EMPLOYEE WILL BE PAYING IT, BUT
WE'LL BE GIVING IT THE 5% TO PAY IT.
SO NEXT YEAR, IT WILL BE A WATCH.
IN FUTURE YEARS, IT MAY BE VERY SIGNIFICANT.
THAT'S WHAT THE GENERAL ASSEMBLY IS LOOKING AT WITH THE
UNDERFUNDING THAT THE VRS HAS, SO THIS IS LARGELY DICTATED BY
STATUTE. >> THANK YOU.
>> TO ADOPT THE RESOLUTION. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-25 PLEASE.
>> 24. >> 24.
>> SORRY. >> A RESOLUTION CERTIFYING
EMPLOYEE CONTRIBUTIONS AND CORRESPONDING WAGE INCREASES IN
COMPLIANCE WITH VIRGINIA CODE SECTION 51.1-144 TO BE PAID BY
THE CITY ON BEHALF OF ALL 55212 CONSTITUTIONAL OFFICERS AND
THEIR EMPLOYEES WHO ARE VIRGINIA RETIREMENT SYSTEM MEMBERS
EFFECTIVE JULY 1, 2012. TO ADOPT THE RESOLUTION.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-25. >> AN ORDINANCE APPROVING AND
ADOPTING THE FISCAL YEAR 2013 COMPENSATION PLANS FOR OFFICERS
AND EMPLOYEES OF THE CITY, AMENDING AND REORDAINING THE
NORFOLK CITY CODE, 1979, AS AMENDED, AND APPROVING CRITERIA
AND PROCEDURES FOR PAY SUPPLEMENTS FOR CERTAIN
CONSTITUTIONAL AND STATE OFFICERS AND THEIR EMPLOYEES.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE -- >> JUST A MINUTE.
JANE BETHEL? >> GOOD EVENING, MAYOR FRAIM.
I WOULD LIKE TO -- GOOD EVENING, MAYOR FRAIM, CITY COUNCIL NEBS
AND MR. JONES. MY NAME IS JANE BETHEL, I LIVE
AT 5632 BRANDON BOULEVARD IN VIRGINIA BEACH AND I'M SPEAKING
TO YOU TONIGHT AS THE EMPLOYEE RELATIONS COMMITTEE ADMIN UNIT
CHAIRPERSON, AND ALSO AS THE UNION PRESIDENT OF LOCAL 04200.
WEARING ME ERC CHAIRPERSON HAT, I WANT TO THANK YOU FOR THE 2%
RAISE AND PICKING UP SOME OF THE HEALTHCARE INCREASES FOR
EMPLOYEESES ABOUT I ALSO WANT TO THANK YOU FOR MODIFYING THE SICK
LEAVE USAGE TO ALLOW EMPLOYEES TO USE THEIR SICK LEAVE FOR
FAMILY MEMBER CARE WITHOUT THE THREE-DAY PER YEAR LIMITATION.
EMPLOYEES HAVE, HOWEVER, VOICED CONCERN OVER LOSING THEIR ANNUAL
LEAVE THAT ACCRUES BEYOND THE CARRYOVER LIMIT IF THEY RETIRE
OR ARE TERMINATED. WE ALREADY HAVE SITUATIONS WHERE
SUPERVISORS ARE DENYING AN EMPLOYEE'S USE OR LOSE ANNUAL
LEAVE AND THEY HAVE LOST DAYS THAT WERE RIGHTFULLY OWED TO
THEM. ANOTHER EMPLOYEE ALSO POINTED
OUT TO ME THE DISPARITY BETWEEN THE AMOUNT OF ANNUAL LEAVE
ACCRUED AND ALLOWED TO BE CARRIED OVER BY THE EXECUTIVE
STAFF WITH ANY NUMBER OF YEARS OF SERVICE, AND THE 20-YEAR
EMPLOYEES THAT HAVE 20 YEARS OF SERVICE.
THERE'S A GREAT DISPARITY IN THOSE NUMBERS OF HOURS THAT ARE
ACCRUED AND ALLOWED TO BE CARRIED OVER.
AND IT DOES NOT SEEM VERY EQUITABLE TO THE EMPLOYEES.
IT SEEMS LIKE WE SHOULD BE A LITTLE MORE EQUAL IN THAT AREA.
IT IS UNFORTUNATE THAT THE 50 PAGES OF CODE AMENDMENTS WERE
NOT COMMUNICATED WITH THE EMPLOYEE RELATIONS COMMITTEE
MEMBERS IN ADVANCE. IT JUST BROUGHT BACK MEMORIES OF
A PREVIOUS DIRECTOR AND CITY MANAGER WHO MADE CHANGES TO THE
GRIEVANCE PROCEDURE THAT WERE GOING TO OBVIOUSLY BE OBJECTED
TO BY THE ERC AND PUT THEN ON THE DOCKET WITHOUT ANY
NOTIFICATION. I HAD HOPED WE WERE MOVING
BEYOND THOSE TACTICS WITH A MORE TRANSPARENT, EFFICIENT,
EFFECTIVE, ACCOUNTABLE, RESPONSIVE, INCLUSIVE, AND
CUSTOMER-FOCUSED, WELL-MANAGED GOVERNMENT.
PUTTING MY UNION EMPLOYEE HAT O I MUST VOICE MY GREAT
DISPLEASURE THAT THE CITY DOES NOT SEEM TO FOLLOW THEIR OWN
POLICIES. WITHOUT NAMING NAMES OR
DEPARTMENTS, I WANT TO GIVE AN EXAMPLE OF UNFAIR APPLICATION
PROCEDURES. A YOUNG MAN WAS TERMINATED FROM
THE CITY, PAINED AS A BAD EMPLOYEE.
HE SEEMS TO BE A VICTIM OF RELIGIOUS DISCRIMINATION BY AN
UPLINE SERVICE SORES WHO PASTORS HIS OWN CHURCH AND MANY MEN
WORKING UNDER HIM ARE DEACONS AT HIS CHURCH.
I HAVE SEEN EMPLOYEES TERMINATED FOR LESS OF A CONFLICT OF
INTEREST THAN THAT. AS LONG AS YOU WERE PAYING HIS
TITHE TO HIM, NO PROBLEM, BUT IF YOU LEFT HIS CHURCH AND DIDN'T
CONTINUE TO PAY THEM, YOU WERE A TARGET.
THAT WAS THE CASE WITH THIS YOUNG MAN WHO LEFT HIS CHURCH
AND WAS A TARGET OF WRITE-UPS. SIMPLE POLYGRAPH WOULD HAVE
PROVEN WHO THE TRUTH TELLER WAS, BUT THE CITY DENY THE REQUEST.
HE WAS THE MOST RECENT TARGET OF THIS BULLY, BUT THERE ARE
OTHERS. I SPOKE WITH THREE OF THE MEN.
ONE WITNESS CAME FORWARD AND WANTED TO SUBMIT A NOTARIZED
TESTIMONY, BUT THAT SAME KIND OF WRITE-UP --
>> MS. BETHEL, WOULD YOU WIND UP, PLEASE?
>> BASICALLY, THEY DENIED ALLOWING HIS WRITE UP IN THE
PANEL. HOWEVER N A RECENT MANUAL, THE
CITY SUPPLIES EVIDENCE AND WITNESSES AT THE LAST MINUTE AND
THAT WAS ALLOWED, SO THAT WAS AN UNEQUAL APPLICATION OF CITY
POLICY AND I WOULD LIKE TO ASK THAT HE BE ALLOWED TO TAKE A
POLYGRAPH. I WOULD EVEN CHIP IN 100 BUCKS.
>> THANKS VERY MUCH. YOU KNOW, WE DON'T GET INVOLVED
IN THOSE PERSONNEL MATTERS AT THIS LEVEL.
THANK YOU. >> OKAY.
WELL, MAYBE SOME OTHERS WOULD LIKE TO CHIP IN FOR HIS APPEAL.
THANK YOU. >> THANK YOU.
>> OKAY, CALL THE ROLL, PLEASE. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
>> I HAVE ONE ADDITIONAL ITEM, MR. PRESIDENT, NUMBERED R-26 AND
IT IS A RESOLUTION APPOINTING NOEL M. GABRIEL, M.D., EDWARD
HEYGOOD TO THE SCHOOL BOARD. ADOPT THE RESOLUTION.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
>> THAT'S ALL I HAVE. >> THANK YOU VERY MUCH.
THAT CONCLUDES THE FORMAL PORTION OF TONIGHT'S MEETING.
APPRECIATE YOU BEING HERE FOR THAT.
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