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CAPTIONING PROVIDED BY CAPTION ASSOCIATES, LLC
www.captionassociates.com >>> COUNCIL OF THE CITY OF
NORFOLK IS NOW IN SESSION. >> THANKING YOU FOR THE
BLESSINGS YOU BESTOW UPON US. WE ASK YOUR MERCY ON THOSE
PERSONS WHO ARE HOMELESS, THOSE PERSONS WHO DON'T HAVE AIR
CONDITIONING AND COOLING DURING THESE TREMENDOUS DAYS THAT WE
HAVE OF HEAT. WE ASK YOU TO HELP THOSE
FAMILIES WHO HAVE ABSOLUTELY NOTHING.
WE ASK YOU TO GIVE US THE ABILITY TO DO THIS JOB IN A FAIR
AND JUST MANNER. THESE AND ALL THE BLESSINGS WE
ASK IN THY 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. THANK YOU ALL FOR JOINING IN.
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 DISSTENS 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. GOOD EVENING, LADIES AND
GENTLEMEN, AND WELCOME TO THE NORFOLK CITY COUNCIL CHAMBERS.
WE'RE GLAD TO HAVE ALL OF YOU HERE.
FOR YOUR BENEFIT, THE PROCEDURE WE'LL FOLLOW TONIGHT, IS FIRST
THING WE'RE GOING TO DO IS TAKE UP THE PUBLIC HEARING.
THERE ARE THREE OF THEM. AT THE CONCLUSION OF THE PUBLIC
HEARING, WE'LL MOVE TO THE CONSENT AGENDA.
THERE ARE FIVE MATTERS THERE. THE COUNCIL MAY VOTE ON ALL
THESE MATTERS IN ONE VOTE, WE'RE ENTITLED TO DO THAT.
THEN WE'LL MOVE TO THE REGULAR AGENDA.
THERE ARE 15 MATTERS THERE. WE'LL VOTE ON ALL THESE MATTERS
IN JUST THE WAY THEY ARE NUMBERED OR ON THE PRINTED
DOCKET. AT THE CONCLUSION OF THE FORMAL
AGENDA, IF ANY MEMBER OF THE PUBLIC WOULD LIKE THE ADDRESS
THE CITY COUNCIL A NON-AGENDA ITEM, SOMETHING NOT ON OUR
FORMAL DOCKET, ON THE PRINTED AGENDA, RATHER, YOU WILL BE
GIVEN THAT OPPORTUNITY, BUT YOU HAVE TO SIGN A SLIP OF PAPER
WHICH THE CLERK HAS MADE AVAILABLE IN THE REAR, IN THE
LOBBY BEHIND THE COUNCIL CHAMBER BEFORE THE MEETING BEGAN.
SO I CAN HAVE IT IN FRONT OF ME TO CALL YOUR NAME.
BEFORE WE MOVE TO THE PUBLIC HEARINGS, WE HAVE TWO CEREMONIAL
MATTERS, BUT BEFORE WE DO THAT, CAN I ASK YOU TO STAND ONE MORE
TIME. I'D LIKE TO ASK FOR A MOMENT OF
SILENCE OUT OF RESPECT FOR THE PASSING OF SENATOR VAUGHAN
MILLER, PLEASE. THANK YOU VERY MUCH.
SHE WAS A GREAT LADY. A GREAT PUBLIC SERVANT.
WE DO HAVE A COUPLE OF PRESENTATIONS TO BE MADE TO THE
CITY COUNCIL. IS LAURA SOLOMON HERE?
LAURA, WOULD YOU LIKE TO COME FORWARD FOR GIRLS ON THE RUN?
IS THAT THE -- YOU HAVE A PRESENTATION YOU WOULD LIKE TO
MAKE? >> YES.
>> SURE. >> MAYOR FRAIM, VICE MAYOR
BURFOOT, COUNCIL MEMBERS AND CITY MANAGER JONES, WE'RE HERE
ON BEHALF OF GIRLS ON THE RUN SOUTH HAMPTON ROADS.
I'M LAURA SOLOMON, THE EXECUTIVE DIRECTOR, AND THIS IS AMY
GEORGE, OUR PROGRAM DIRECTOR. WE'RE HERE TO EXPRESS OUR
GRATITUDE FOR THE CITY OF NORFOLK'S SUPPORT OF OUR 5K
EVENT ON MAY 19th. WE'RE A VOLUNTEER NONPROFIT
GROUP WITH A MISSION TO PREPARE GIRLS FOR A LIFETIME OF SELF
RESPECT AND HEALTHY LIVING. WE FACILITATE A 12-WEEK TWO-HOUR
PER WEEK FOR GIRLS GRADES 3 THROUGH 5, THEY ENCOURAGE
EMOTIONAL, SOCIAL, AND MENTAL HEALTH WITH ADDITION TO PEER
DEVELOPMENT WITH POSITIVE INTERACTION.
WE INCREASE SELF-ESTEEM, HEALTHY EATING ATTITUDES AND COMPLETING
A 5K. AT THE EVENT, 32% OF OUR OVER
1300 RACE REGISTRANTS WERE FROM NORFOLK AND 40% OF THE 540 GIRLS
THAT PARTICIPATED IN THE SPRING PROGRAM LIVED IN NORFOLK, SO IT
REPS REPRESENTS A HUGE CONTINGENCY OF OUR PARTICIPANTS.
THE VIRGINIA CENTER FOR HEALTHY COMMUNITIES IN 2005 REPORTED
THAT THE SOCIAL INDICATORS FOR HAMPTON ROADS IS ABOVE THE STATE
RATE FOR TEENAGE PREGNANCIES, HIGH SCHOOL DROP YOU WANT AND
OBESITY AND WE'RE HELPING THE PROGRAM HELPS COMBAT THIS
LOCALLY. WE MET WITH OVERWHELMING SUCCESS
FOR EVERYONE THAT CAME AND IT WAS A CATALYST IN THE GROWTH OF
OUR PROGRAM. WE'VE SEEN A TREMENDOUS INCREASE
OF INTEREST IN OUR PROGRAM OVER THE SUMMER.
WE'RE VERY EXCITED TO PARTNER WITH THE CITY AND IT'S HEALTHY
NORFOLK INITIATIVE IN FUTURE YEARS AND WE BELIEVE THIS IS A
MUTUALLY BENEFICIAL RELATIONSHIP THAT SERVES AS A CATALYST FOR
HEALTHY LIVING AND SUCCESS FOR OUR GIRLS AND MUCH FEMALE
COMMUNITY LEADERS. NORFOLK AS STRATEGIC GROWTH AREA
FOR US AS ITS GEOGRAPHICALLY CENTRAL TO OUR TERRITORY OF
SOUTH HAMPTON ROADS AND AN AREA OF GREAT NEED FOR THE PROGRAM'S
OUTCOMES. THANK YOU VERY MUCH FOR YOUR
CONTRIBUTES, TO YOUR SUPPORT TO OUR PROGRAM AND ONGOING
DEDICATION TO THE HEALTH OF OUR CITIZENS AND WE HAVE A LITTLE
SOMETHING TO GIVE YOU. >> LAURA, THANK YOU FOR COMING
DOWN AND THANK YOU FOR THE PRESENTATION AND THANK YOU FOR
ALL THE GOOD WORK YOU'RE DOING. YOU HAVE SOMETHING TO -- IT'S A
PICTURE. GREAT.
[ APPLAUSE ] >> THANK YOU.
THANK YOU FOR BRINGING IT DOWN. THANK YOU FOR THE PRESENTATION.
MAYBE WE COULD GET A COUPLE OF THE COUNCIL MEMBERS TO --
>> THE GIRL IN THE PICTURE IS ACTUALLY FROM GHENT ELEMENTARY
SCHOOL, HER NAME THE CHLOE JONES.
SHE PARTICIPATED IN THE RACE THIS SPRING.
>> THANKS VERY MUCH. >> DIDN'T YOUR DAUGHTER RUN,
MARCUS, OR YOUR WIFE? >> MY WIFE DID.
SHE RAN AND BEAT ME ONCE AGAIN. >> DAN PELLA GREENO HAS A
PRESENTATION FROM THE UNITED WAY.
>> MAYOR FRAIM, VICE MAYOR, CITY MANAGER, ON BEHALF OF THE SOUTH
HAMPTON ROADS COMMUNITY, WE WANT TO THANK YOU ON BEHALF OF THE
COMMUNITY AND UNITED WAY FOR A TREMENDOUS 2011-2012 CAMPAIGN.
THE CITY OF NORFOLK EMPLOYEES ARE TREMENDOUSLY GENEROUS AND WE
WANTED TO THANK YOU WITH A PLAQUE HERE AND AS WE MOVE INTO
2012, WE KNOW WE'LL SEE EVEN GREATER RESULTS, BUT WE NOT ONLY
WANT TO THANK YOU FOR THAT, BUT WE ALSO WANT TO THANK YOU FOR
STEPPING UP AND REALLY PARTNERING WITH UNITED WAY TO
ENSURE A BRIGHTER FUTURE FOR ALL IN SOUTH HAMPTON ROADS AND I
KNOW WE DON'T HAVE MUCH TIME, I WANT TO BRING SARAH BISHOP, OUR
DIRECTOR OF EDUCATION UP HERE, TO GIVE AN EXAMPLE TO THE GROUP
HERE ABOUT HOW YOU GUYS ARE REALLY LEADERS IN THIS
COMMUNITY. >> THANK YOU, MAYOR.
CITY COUNCIL MEMBERS, CITY MANAGER AND THE STAFF OF THE
CITY OF NORFOLK, UNITED WAY HAS JOINED WITH THE CITY, NORFOLK
REDEVELOPMENT AND HOUSING, AND NORFOLK PUBLIC SCHOOLS IN A VERY
VIBRANT PARTNERSHIP TO REPLICATE THE HARLAN CHILDREN'S ZONE IN
ONE OF OUR NEIGHBORHOODS, A HIGH-NEED NEIGHBORHOOD WITH
TREMENDOUS CAPACITY. WE'RE WORKING TOGETHER, CROSSING
BARRIERS, WE ARE TAKING DOWN SILOS TO DO WHATEVER IT TAKES TO
MAKE SURE THAT CHILDREN AT P.B. YOUNG ELEMENTARY SCHOOL AND THE
YOUNGSTERS ARE ABLE TO ACHIEVE AND MOVE ON INTO COLLEGE AND
CAREER AND MILITARY. WE LOOK FORWARD TO COMING BACK
AND TELLING YOU WHAT WE'VE DONE, BUT I DO THANK CITY MANAGER
MARCUS JONES AND HIS FABULOUS TEAM OF EMPLOYEES WHO HAVE
WORKED WITH US SO HARD SO FAR TO SEE WHAT WE CAN DO IN THAT
NEIGHBORHOOD. IT'S THE FIRST OF MANY
NEIGHBORHOODS. WE'RE GOING TO GET SOME BEST
PRACTICES UNDERWAY AND COME BACK AND TELL YOU ABOUT IT.
THANK YOU. >> THANK YOU, SARAH.
THANK YOU, DAN, GOOD TO SEE YOU AGAIN.
THANKS FOR COMING DOWN. [ APPLAUSE ]
>> THANK YOU FOR ALL THE GOOD WORK YOU GUYS ARE DOING.
IF YOU WOULD LIKE TO BE EXCUSED, THAT WOULD BE FINE.
WE'LL MOVE TO PUBLIC HEARING NUMBER ONE.
>> PUBLIC HEARING SCHEDULED THIS DAY PURSUANT TO ACTION OF THE
COUNCIL ON JUNE 12, 2012, ON THE APPLICATION OF NICK’S DINER TO,
A, AMEND THE GENERAL PLAN OF NORFOLK, 1992, TO CHANGE LAND
USE DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL TO
COMMERCIAL/OFFICE DISTRICT B, TO AMEND THE ZONING ORDINANCE
FROM R-12 DISTRICT AND BFRPO DISTRICT TO CONDITIONAL C-2
CORRIDOR COMMERCIAL AND FOR A SPECIAL EXCEPTION TO FREIGHT AN
EATING AND DRINKING ESTABLISHMENT ON PROPERTY
LOCATED AT 1006 EAST OCEAN VIEW AVENUE.
BY A 5-1 VOTE, THE PLANNING COMMISSION RECOMMENDS DENIAL.
>> CRYSTAL STUMP, PLEASE. HI.
YOU'RE LISTED AS A PROPONENT. WOULD YOU TELL US YOUR FULL
NAME, PLEASE, AND YOUR PRESENT HOME ADDRESS.
>> YES, SIR. THANK YOU, MAYOR FOR LETTING ME
SPEAK, AND CITY COUNCIL MEMBERS. MY NAME IS CRYSTAL STUMP.
MY ADDRESS IS 3088 MOONLIGHT ROAD, SMITHFIELD, VIRGINIA.
I WAS HIRED BY MS. BRYANT, THE APPLICANT, THAT SUBMITTED THIS
APPLICATION, AS AN ABC A CONSULTANT.
THE NAME OF MY BUSINESS IS ABC CONSULTING.
AS A FORMER ABC AGENT, I HAVE EXPERIENCE IN OBTAINING ABC
LICENSES SO I STARTED HELPING HER WITH HER APPLICATION WHEN I
LEARNED THAT SHE NEEDED TO ALSO APPLY FOR SPECIAL EXCEPTION
APPLICATION TO THE CITY. MS. BRYANT SUBMITTED THIS
APPLICATION ON FEBRUARY 6th AND AS YOU MENTIONED, NORFOLK
PLANNING STAFF CAN RECOMMEND APPROVAL.
HOWEVER, THE PLANNING COMMISSION MAJORITY DID NOT.
NICKS DINER HAS BEEN OPERATING SINCE JUNE OF LAST YEAR BY
MS. BRYANT. HER DAY BEGINS DAILY AT THE
DINER AT 5:00 A.M. SHE PREPARES MEALS FOR THE
COMMUNITY AND TOURISTS OF OCEAN HAVE YOU AND WORK HARD TO MAKE
HER BUSINESS A SUCCESS. I THINK IN THIS DAY AND AGE,
MAKING IT IN THIS ECONOMY A YEAR IS VERY IMPRESSIVE.
NICKS DINER DESIRES TO OFFER COCKTAILS AS PART OF THEIR MENU
AND IT SEEMS IN VERY APPROPRIATE IN A BEACH COMMUNITY TO OFFER
BLOODY MARY'S AND MIMOSAS TO THEIR CUSTOMERS.
IT'S NOT COMMON TO OFFER ALCOHOL IN DINER.
THE SUPPORTING CIVIC LEAGUES ARE NORTH SIDE, PINEWELL, BAY VIEW,
AND INITIAL I INITIALLY COTTAGE LINE DID SUPPORT IT AS LONG AS
THERE'S NO FORMS OF ENTERTAINMENT AND RESTRICTED
HOURS. HOWEVER, COTTAGE LINE CAN
WITHDRAW THEIR SUPPORT WHEN WE REQUESTED APPROVAL FOR REZONING.
IT WAS A FEAR OF NICKS DINER BECOMING A BAR.
I DO HAVE PHOTOGRAPHS AND I'M SURE YOU'VE SEEN THE LOCATION.
IT'S NOT DESIGNED TO BE A BAR, IT NEVER WILL BE A BAR, AROUND
IT HAS NOT BEEN A BAR IN THE PAST YEAR.
THE MENU HAS NEVER CHANGED. I HAVE A COPY IF YOU WOULD LIKE
TO SEE IT. IT IS TRUE THAT THE REQUESTED
HOURS OF OPERATION AND HOURS OF ALCOHOL SALES HAVE CHANGED FROM
THE INITIAL APPLICATION. MS. BRYANT INDICATED ALCOHOL
SALES FROM 11:00 TO 9:00 ON HER INITIAL APPLICATION, SO THAT
THAT WOULD COVER WEDDING RECEPTIONS, WIRT DAY PARTIES --
BIRTHDAY PARTIES AND OTHER PRIVATE EVENTS, BUT AFTER
SPEAKING WITH THE CITY AND THE COMMUNITY, SHE WILLINGLY AGREES
TO STOP THOSE ALCOHOL SALES AT 6:00 P.M.
THE HOURS OF OPERATION IN WHICH THE NORFOLK PLANNING COMMISSION
VOTED ON WERE 5:00 A.M. TO 6:00 P.M. SEVEN DAYS A WEEK AND
THE ALCOHOL SALES WERE 11:00 A.M. TO 6:00 P.M. SEVEN
DAYS A WEEK. ELIZABETH HAS GONE TO STRAIGHT
STRIDES MEETING WITH ALL THE CIVIC LEAGUES IN HER COMMUNITY
TO MAKE SURE SHE HAS A PROFITABLE BUSINESS AS WELL AS
CATERING TO HER CUSTOMERS. I THINK IT'S CLEAR THE COMMUNITY
WANTS ALCOHOLIC BEVERAGES TO BE SERVED AT THIS DINER AND WE DO
REQUEST YOUR APPROVAL FOR THIS. DO YOU HAVE ANY QUESTIONS?
>> THANK YOU. >> THANK YOU FOR HEARING ME.
>> VIC YURKOVIC. >> GOOD EVENING, MAYOR, COUNCIL,
MANAGER. I'M VIC YURKOVIC.
MY ADDRESS IS 1816 EAST OCEAN VIEW AVENUE.
I'M THE PRESIDENT OF THE COTTAGE LINE CIVIC LEAGUE.
OUR CIVIC LEAGUE VOTED UNANIMOUSLY 35-0 TO RECOMMEND
DENIAL OF THE REZONING APPLICATION.
THE ZONING FOR NICKS DINER IS R-12.
IT'S BEEN IN THE NORFOLK PLAN AS R-12 FOR OVER 20 YEARS.
WE DON'T WANT TO SEE THIS GO AWAY.
EVERYTHING ON THE NORTH SIDE OF OCEAN VIEW AVENUE IS ZONED
RESIDENTIAL. IT'S NOT ZONED COMMERCIAL.
THERE ARE TWO NEW HOMES WITHIN 100 FEET OF THIS ESTABLISHMENT
THAT WOULD BE IMPACTED BY THIS REZONING.
WE'RE ADAMANTLY OPPOSED TO IT. WE ALREADY HAVE ONE PROBLEM
ESTABLISHMENT NEXT DOOR. WE DO NOT NEED A SECOND ONE.
I'M URGING YOU TO DENY THE REQUEST FOR REZONING.
THANK YOU. >> VIC, CAN I ASK A QUESTION?
SOMETHING WAS MENTIONED ABOUT HOW THE CIVIC LEAGUE VOTED FOR
IT AND THEN CHANGED. WOULD YOU ADDRESS THAT?
>> RIGHT. ORIGINALLY THE APPLICANT CAME IN
TO THE CIVIC LEAGUE, I BELIEVE IT WAS IN DECEMBER, AND SHE HAD
PUT IN VERY RESTRICTED HOURS, VERY LIMITED.
WE ASKED HER THEN IF SHE NEEDED A SPECIAL EXCEPTION OR REZONING
AND SHE SAID NO AT THAT POINT. THEY GOT, I BELIEVE IT WAS LIKE
A 15-18 VOTE TO GIVE HER THE ABC LICENSE.
AT THAT POINT. AND THAT'S BEFORE WE'VE HAD TWO
SHOOTINGS AT THE BEACH PUB, WHICH IS RIGHT NEXT DOOR.
I KNOW THAT DOESN'T IMPACT THAT. >> THE REAL RUB IS THE REZONING
VERSUS THE SPECIAL EXCEPTION. >> YES, IT'S THE REZONING.
WE'VE HAD THE NORFOLK PLAN, IT'S BEEN THERE FOR OVER 20 YEARS.
WE'VE HAD STUDIES, WE'VE HAD THE LAND INSTITUTE, URBAN LAND
INSTITUTE OUT. THEY HAVE ALL RECOMMENDED IT BE
RESIDENTIAL ON THE NORTH SIDE OF OCEAN VIEW AVENUE.
THE CITIZENS WANT THAT. THEY DON'T WANT TO REZONE THE
PROPERTY TO COMMERCIAL. >> THANK YOU.
>> THANK YOU. >> AND I HAVE -- THERE'S A FEW
CIVIC LEAGUE MEMBERS THAT ARE HERE AND THEY CAME DOWN TO
SUPPORT THE -- >> WOULD YOU LIKE TO STAND?
>> WOULD YOU PLEASE STAND? >> ALL RIGHT, THANK YOU FOR
COMING DOWN. >> JUST, WHEN WE FIRST DISCUSSED
THIS, I HAD BROUGHT UP A COMPROMISE KIND OF ON THIS TO
PUT A SUNSET ON THE ZONING OF THAT AND I BELIEVE THAT YOU GUYS
TOLD ME THAT WE DON'T DO THAT ON ZONING ISSUES, BUT THAT WAS THE
18-MONTH. I JUST WANT TO VERIFY THAT AND
MAKE SURE BECAUSE ONE OF THE THINGS THAT WAS -- THE CITIZENS
ARE CONCERNED THAT THIS WOULD STAY COMMERCIAL.
>> SURE. >> WHEN IT WAS IMPLIED FOR IT TO
BE RESIDENTIAL AND I DIDN'T KNOW IF THAT SUNSET CLAUSE WAS REALLY
SOMETHING THAT WE COULDN'T DO OR WE WERE JUST SAYING POLICY IS WE
HAVEN'T DONE THAT. >> NO.
UNDER THE ZONING LAWS, YOU CAN'T ZONE TEMPORARILY LIKE THAT.
YOU CAN HAVE THE OPTION TO CHANGE IT, BUT YOU COULDN'T TAKE
AWAY FROM THE PERSON, THE ZONING THAT THEY INVESTED IN, THEY
BECOME GRANDFATHERED IN IT. A SPECIAL EXCEPTION IS
DIFFERENT, AND THAT YOU CAN SUBJECT TO A TIME PERIOD, BUT
NOT A ZONING. >> RIGHT.
SO IF THE PROPERTY EVER DID -- IF THIS MANAGER DECIDED, OR
OWNER DECIDED TO GO AWAY, THEN THAT PROPERTY WILL REMAIN
COMMERCIAL. IT DOESN'T AUTOMATICALLY REVERT
BACK TO RESIDENTIAL? >> RIGHT.
>> AND THAT'S CONTRARY TO THE PLAN, THE FUTURE OF OCEAN VIEW.
>> RIGHT. >> THE GENERAL PLAN.
>> AND THAT WAS PRESENTED LAST NIGHT AT THE TASK FORCE.
WE DISCUSSED THAT AND FRANK'S OFFICE DID A GREAT JOB SHOWING
THE PLANS AND IT IS RESIDENTIAL. >> HOW LONG HAS IT BEEN OPERATED
COMMERCIALLY? >> 30 YEARS.
>> YEAH. A LONG TIME.
AS A DINER. >> IT WAS A NON --
>> IT'S BEEN A NONCONFORMING USE.
>> I THINK JUST ABOUT ANY COMMERCIAL PROPERTY THAT'S LEFT
DOWN IN OCEAN VIEW ON THAT SIDE, IF ANYTHING WERE TO HAPPEN TO
IT, IT AUTOMATICALLY REVERTS BACK TO RESIDENTIAL AND WE HAD
THE HOTEL FIRE THAT JUST HAPPENED AND THAT'S THE PROCESS.
>> NOW, WOULD THIS BE -- WOULD THIS FALL UNDER THE TWO-YEAR,
LIKE WHEN YOU HAVE THE GRANDFATHERING, IF IT WERE -- IF
THEY CLOSED AND WENT OUT OF BUSINESS AND IT WAS VACANT FOR
TWO YEARS -- >> COUNCILMAN SMIGIEL SAYS IT
WOULD HAVE TO BE RESIDENTIAL AFTER THAT.
SO IF IT'S A TWO-YEAR PERIOD THAT IT'S GRANDFATHERED USE GOES
OUT OF USE, THEN IT CAN ONLY BE USED FOR THE CURRENT ZONING.
>> WHICH IS RESIDENTIAL, OKAY. >> THANKS VERY MUCH.
READY FOR THE BOAT? >> WE HAVE THREE ORDINANCES TO
DECIDE. I HAVE AN ORDINANCE TO AMEND
THE GENERAL PLAN OF NORFOLK, 1992, SO AS TO CHANGE THE LAND
USE DESIGNATION FOR PROPERTY LOCATED AT 1006 EAST OCEAN VIEW
AVENUE FROM MEDIUM DENSITY RESIDENTIAL TO
COMMERCIAL/OFFICE. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> NO.
>> MR. PROTOGYROU. >> PAUL, CAN I SAY --
>> SURE. >> I THINK IF IT DID NOT INVOLVE
THE ISSUE OF REZONING WITH SPECIAL ACCEPTION, IT WOULD MAKE
IT MUCH SIMPLER FOR US, BUT THE FACT IT DOESN'T FIT WITHIN THE
PLAN IS A SIGNIFICANT PROBLEM AND THEREFORE, I WOULD VOTE NO.
>> MR. RIDDICK. >> NO.
>> MR. SMIGIEL. >> I JUST WANTED TO MENTION THE
SAME THING, THAT IT WASN'T EVEN AN ISSUE UNTIL IT BECAME A
ZONING ISSUE AND WHEN WE WENT BACK AND LOOKED AT THE PLANS
DOWN THERE AND THE PLAN 2030, THE REZONING ISSUE BECAME MUCH
BIGGER AND I THINK SOME OF THE OTHER CIVIC LEAGUES VOTED IN
FAVOR OF IT INITIALLY, AFTER DISCUSSING THE ISSUE WITH THE
PRESIDENTS, THEY WERE NOT AWARE OF THE REZONING AS WELL, BUT I
CAN'T SUPPORT IT, SO NO. >> DR. WHIBLEY.
>> NO. >> MS. WILLIAMS.
>> NO. >> MR. WINN.
>> NO. >> MR. FRAIM.
>> NO. >> THE SECOND AS ORDINANCE TO
REZONE PROPERTY LOCATED AT 1006 EAST OCEAN VIEW AVENUE FROM R-12
AND BFRPO TO CONDITIONAL C-2. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> NO.
>> MR. PROTOGYROU. >> NO.
>> MR. RIDDICK. >> NO.
>> MR. SMIGIEL. >> NO.
>> DR. WHIBLEY. >> NO.
>> MS. WILLIAMS. >> NO.
>> MR. WINN. >> NO.
>> MR. FRAIM. >> NO.
>> AND THE LAST IS AN ORDINANCE GRANTING --
>> SINCE 1-A FAILED, THEN THE ORDINANCE FOR SPECIAL EXCEPTION
CAN'T BE ASKED. >> OKAY.
WITHDRAW THAT. >> ALL RIGHT, PUBLIC HEARING
TWO. >> PUBLIC HEARING SCHEDULED THIS
DAY PURSUANT TO ACTION OF THE COUNCIL ON JUNE 26, 2012, TO
HEAR COMMENTS ON THE CONVEYANCE OF A GEM LOT TO PERON JOHNSON ON
PROPERTY LOCATED AT 1422 O’KEEFE STREET.
>> NO MEMBERS OF THE PUBLIC SIGNED UP TO ADDRESS THE COUNCIL
ON THIS MATTER. >> I HAVE AN ORDINANCE
AUTHORIZING THE CONVEYANCE TO PERON JOHNSON OF A CERTAIN
PARCEL OF PROPERTY ACQUIRED BY THE CITY OF NORFOLK PURSUANT TO
SECTION 58.1-3970.1 OF THE CODE OF VIRGINIA, 1950, AS AMENDED,
AND APPROVING THE TERMS AND CONDITIONS OF THE CONVEYANCE
AGREEMENT. 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.
PUBLIC HEARING THREE. >> PUBLIC HEARING SCHEDULED THIS
DAY PURSUANT TO ACTION OF THE COUNCIL ON JUNE 26, 2012, ON THE
APPLICATION OF YMCA FOR THE CLOSING, VACATING, AND
DISCONTINUING A PORTION OF WEST 29th STREET BETWEEN OMOHUNDRO
AVENUE AND GRANBY STREET. BY A 6-0 VOTE, THE PLANNING
COMMISSION RECOMMENDS APPROVAL. TO CLOSE THE STREET.
>> MR. OAKLEY IS HERE, SIGN UP AS THE APPLICANT, TO ANSWER
QUESTIONS IF ANYONE HAS, AS MR. PITCHFORD, MERVIN PITCHFORD.
I THINK WE'RE OKAY. THERE'S NO OPPOSITION SIGNED UP.
>> HOW TIME SENSITIVE IS THIS? BECAUSE I'VE GOTTEN A COUPLE
CALLS. >> IT'S VERY TIME SENSITIVE.
SERIOUSLY. >> JUST SEE THE BLOOD PRESSURE
GO UP. >> DON'T LET HIM DO THAT TO YOU,
OKAY? OKAY, WE'RE OKAY.
>> THANK YOU, MR. RIDDICK. >> I HAVE AN ORDINANCE CLOSING,
VACATING, AND DISCONTINUING A PORTION OF WEST 29th STREET
BETWEEN GRANBY STREET AND OMOHUNDRO 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. >> THE CONSENT AGENCY, THERE ARE
FIVE ITEMS HERE. WOULD ANY MEMBER OF THE COUNCIL
LIKE TO HAVE EITHER ONE OF THESE ITEMS CONSIDERED SEPARATELY, ANY
OF THEM? OKAY, 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. MR. BURFOOT.
>> AYE. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE OPERATION OF A RELIGIOUS
INSTITUTION ON PROPERTY LOCATED AT 2736 TO 2746 WOODLAND AVENUE.
BY A 6-0 VOTE, THE PLANNING COMMISSION RECOMMENDS APPROVAL.
THIS WAS PASSED BY ON JUNE 26th. >> MR. BLEVINS IS HERE TO ANSWER
QUESTIONS IF WE HAVE ANY. YOU CAN 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.
>> SO HAS ALL BEEN WORKED OUT? REMEMBER WE PASSED THIS OVER AND
EVERYTHING IS FINE? >> YES.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. MR. PARKER HAS HERE AS WELL, BY
THE WAY, EXCUSE ME. R-2, PLEASE.
>> AN ORDINANCE PERMITTING EASTERN VIRGINIA MEDICAL CENTER
TO ENCROACH INTO CITY OF NORFOLK RIGHTS-OF-WAY OF FAIRFAX AVENUE,
OLNEY ROAD, CHILDREN’S LANE, GRESHAM DRIVE, AND WAGNER ROAD
WITH MULTIPLE SVD DIRECTIONAL SIGNS.
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-3.
>> AN ORDINANCE PERMITTING KAREN B. LABONTE TO ENCROACH
INTO THE RIGHT-OF-WAY OF WILLOUGHBY BAY AVENUE, A PAPER
STREET, AT 707 WEST OCEAN VIEW AVENUE, WITH AN EXISTING HOUSE,
A GARAGE, SIDEWALKS, A CONCRETE PAD AND A PIER.
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-4.
>> AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE
COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF NORFOLK, RELATING TO THE NORVIEW AVENUE/MILITARY
HIGHWAY PROJECT AND THE AZALEA GARDEN ROAD/MILITARY HIGHWAY
PROJECT AND AUTHORIZING THE EXPENDITURE OF THE SUM OF $7,051
FROM FUNDS HERETOFORE APPROPRIATED IN THE CAPITAL
IMPROVEMENT PROJECTS BUDGET TO COVER THE CITY’S SHARE OF THE
COSTS RELATED TO THE PROJECTS. 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-5. >> AN ORDINANCE ACCEPTING AN
EQUIPMENT GRANT AWARD OF BASEBALL KITS VALUED AT
$2,349.29 FROM THE CAL RIPKEN SR. FOUNDATION THROUGH THE
FEDERAL OFFICE OF JUVENILE JUSTICE AND DELINQUENCY
PREVENTION TO THE NORFOLK POLICE DEPARTMENT AS PART OF THE CAL
RIPKEN SR. FOUNDATION 2012 EQUIPMENT/MATERIALS GRANT
PROGRAM FOR THE POLICE DEPARTMENT’S BADGES FOR BASEBALL
PROGRAM. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> I THINK I MENTIONED EARLIER
MY DISEND KHANMENT WITH HOW BASEBALL IS BEING RUN IN
NORFOLK. I CERTAINLY SUPPORT THAT.
WE COULD HAVE USED A CATCHER'S MITT ON SATURDAY, BUT I VOTE
AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-6.
>> AN ORDINANCE GRANTING A PEDESTRIAN COMMERCIAL OVERLAY
DISTRICT DEVELOPMENT CERTIFICATE TO PERMIT RENOVATION OF A
BUILDING FOR USE AS A RETAIL ESTABLISHMENT AT 3230 TIDEWATER
DRIVE. BY A 5-2 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. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-7. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE OPERATION OF AN EATING AND
DRINKING ESTABLISHMENT ON PROPERTY LOCATED AT 233 GRANBY
STREET. BY A 5-1 VOTE, PLANNING
COMMISSION RECOMMENDS APPROVAL. >> DAN MONTAGUE.
>> GOOD EVENING, MR. MAYOR, COUNCIL, MR. JONES.
AS FAR AS NIGHT LIFE IN THIS CITY GOES, WHY ARE WE STILL IN
THE '60s? NOBODY COMES TO DOWNTOWN NORFOLK
UNLESS IT IS A CITY-SPONSORED EXTRAVAGANZA LIKE OPSAIL.
OTHER THAN THAT, IT'S A GHOST TOWN DOWN HERE.
AFTER MY WIFE DIED AND I STARTED GOING OUT AGAIN, THE ONLY PLACES
TO GO WERE IN VIRGINIA BEACH, AND THAT IS WHERE I OFTEN SAW
THE LATE, GREAT, PETER DECKER AND HIS BEAUTIFUL WIFE.
AND SOMETIMES WE BOTH STAYED OUT AFTER 1:00.
IN THE MORNING AT THESE PLACES. WHAT I WANT TO KNOW IS WHY IS
NORFOLK -- WHY NORFOLK HAS NO NIGHT LIFE AND WHY DOESN'T
EVERYBODY PLAY BY THE SAME SET OF RULES?
THEY ALL PAY THE SAME TAX RATE, AND SO HOW COME SOME PEOPLE GET
TO STAY OPEN UNTIL 2:00 IN THE MORNING AND OTHERS GOT TO CLOSE
AT 11:00, AND THEN WE DON'T KNOW WHAT'S GOING ON OR WHERE IT'S
GOING TO HAPPEN OR ANYTHING ELSE.
SOME PEOPLE ON THE COUNCIL, I'VE BEEN DOWN HERE ENOUGH TIMES THAT
EVERY TIME SOMEBODY PUTS A LIQUOR PERMIT, IT'S LIKE THEY'RE
ASKING SOMEBODY TO HIT A KID IN THE HEAD.
YOU KNOW, AND -- THIS IS ABSOLUTELY LUDICROUS.
WE ARE IN THE 21st CENTURY. THIS IS 2012, NOT 1912.
PROHIBITION IS LONG OVER WITH. THE SOUTH HAS GOT TO GET OVER
IT, OKAY? I WAS RAISED SOUTHERN BAPTIST
WHERE THERE WAS NO LIQUOR IN MY MAMA'S HOUSE, OKAY?
BUT THE THING ABOUT IT IS, HER BROTHER WAS A BOOTLEGGER, ALL
RIGHT? THIS IS WHAT I'M SAYING.
ALL RIGHT. NOW, WE HAVE GOT TO GET OVER
THIS ANTI-LIQUOR ROUTINE. PEOPLE LIKE ME LIKE TO GO OUT
AND HAVE A NICE TIME. I HAVEN'T BEEN DRUNK SINCE I WAS
19 YEARS OLD. AND THE THING ABOUT IT IS, THE
KID THAT I RAISED DOES NOT DRINK OR SMOKE BECAUSE HE NEVER SAW ME
DO STUPID THINGS WITH IT, OKAY? AND SO THEREFORE, I WANT THIS
CITY TO START INVITING PEOPLE TO OPEN UP PLACES WHERE THEY CAN
EAT AND DRINK. THE STATE LIQUOR LAW IS
ABSOLUTELY LUDICROUS BECAUSE YOU HAVE TO SERVE AS MUCH FOOD AS
YOU DO ***. VEGAS COULD NOT OPERATE IF THAT
HAPPENED, OKAY? SO WHY DON'T WE GET WITH THE
PROGRAM AND INVITE PEOPLE TO OPERATE ENTERTAINMENT
ESTABLISHMENTS IN DOWNTOWN NORFOLK?
HUH? WHY DOES EVERYBODY GOT TO GO TO
VIRGINIA BEACH? LOOK AT ALL THE REVENUE THAT WE
ARE LOSING. WHY?
BALTIMORE, NOW, WE IMITATE BALTIMORE ALL THE TIME.
NOW, ALL THE SHIPS ARE GOING UP TO BALT MORE BECAUSE THEY GOT A
NIGHT LIFE. WE DON'T HAVE ANY.
START THINKING ABOUT THAT A LITTLE BIT, OKAY?
AND EVERY TIME SOMEBODY COMES DOWN HERE FOR A *** PERMIT, I
MEAN DON'T ACT LIKE THAT YOU ALL ARE BAPTIST MINISTERS, THANK
YOU. >> THANK YOU.
OKAY. >> I'M THE DAUGHTER OF A BAPTIST
MINISTER, DAN. >> OKAY.
I'M A NEPHEW OF ONE, OKAY? >> 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 GRANTING A
SPECIAL EXCEPTION TO OPERATE AN ENTERTAINMENT ESTABLISHMENT ON
PROPERTY LOCATED AT 9659 1st VIEW STREET.
BY A 6-0 VOTE, PLANNING COMMISSION RECOMMENDS DENIAL.
>> SHERIFF BOB McCABE. >> GOOD EVENING, MR. MAYOR.
CITY COUNCIL, MR. JONES. I'M NOT HERE AS -- IN MY
OFFICIAL CAPACITY, BUT AS A RESIDENT OF OCEAN VIEW.
I LIVE AT 9552 25th BAY STREET. I'VE LIVED IN THE AREA FOR MOST
OF MY LIFE. I DON'T WANT TO SAY HOW MANY.
I STARTED ON THE NORFOLK POLICE DEPARTMENT IN 1981 AS A YOUNG
ROOKIE AND I WORKED OCEAN VIEW AND IT WAS KIND OF A FUN PLACE
TO WORK BECAUSE WE HAD GO-GO BARS AND WE HAD BARS -- WE HAVE
SO MANY LIKE THEY HAVE STARBUCKS NOW ON EVERY CORNER.
I THINK THE POLICIES THAT THE COUNCIL PUT IN PLACE TO HELP
CLEAN UP OCEAN VIEW HAVE BEEN VICE PRESIDENT BIDEN EFFECTIVE
IN THE '80s -- HAVE BEEN VERY EFFECTIVE IN THE '80s AND '90s,
BUT ONE OF THE THINGS -- AND I WAS ASKED TO SPEAK AS A RESIDENT
OF OCEAN VIEW BY SEVERAL GROUPS. OCEAN VIEW HAS CHANGED, NORFOLK
HAS CHANGED. A MAJOR PART OF THAT IS HOW THE
MILITARY HAS CHANGED. WHEN I WORKED IN THE '80s IN
OCEAN VIEW, WE HAD SHORE PATROL GOING UP AND DOWN EAST OCEAN
VIEW AVENUE AND WE WERE JUST TURNING THEM OVER LEFT AND
RIGHT. THE MILITARY HAS A NO TOLERANCE
POLICY ON DRUGS AND DRINKING OR ANY CRIMINAL ACTIVITY DEALING
WITH DRINKING. THE ARRESTS FOR MILITARY SAILORS
AND MILITARY PERSONNEL IS ALMOST EXTINCT NOW OUT IN OCEAN VIEW,
AND I THINK TO HAVE THE SAME POLICY, FIRST OF ALL, I'VE NEVER
BEEN TO MOJO BONES, DON'T KNOW THE OWNER.
THIS IS MORE ALONG THE LINES OF THE UNWRITTEN POLICY THAT WARD 5
NEEDS THE CITY COUNCIL TO KIND OF LOOK OUT AFTER THEM BECAUSE
THEY DON'T -- THEY CAN'T LOOK OUT AFTER THEMSELVES.
WE'VE GOT A LOT OF NEW CITIZENS OUT THERE.
WE HAVE A NEW COUNCILMAN OUT THERE, NEW CIVIC LEAGUE LEADERS
OUT THERE. THEY ALL SUPPORT THIS CHANGE AND
ITS REALLY A MATTER OF FAIRNESS AND THAT'S WHAT I'VE BEEN
HEARING FOR THE LAST YEAR OR TWO AND I THINK I EXPRESSED THAT TO
SEVERAL OF YOU. I THINK YOU HAVE THE TOOLS IN
PLACE, THE BAR TASK FORCE, THE OCEAN VIEW TASK FORCE, THE
SPECIAL EXCEPTION, AND I WOULD LIKE TO SEE AS A MATTER OF
FAIRNESS, INSTEAD OF PENALIZING A SMALL BUSINESS, BECAUSE TO ME
THE ONLY THING FRAGILE IN OCEAN VIEW IS OUR SMALL BUSINESSES
TRYING TO MAKE A GOE OF IT. I WOULD LIKE TO SEE THEM,
INSTEAD OF BEING PENALIZED RIGHT OUT OF THE BOX, IS GIVE THEM AN
OPPORTUNITY. WHETHER YOU CAN PUT A SUNSET ON
IT FOR 18 MONTHS AND GIVE THEM A SHOT, I DON'T THINK YOU'RE GOING
TO SEE THE CIVIC LEAGUES, THE CITY COUNCIL FOLKS OUT THERE
THAT ARE GOING TO PUT UP WITH A LOT OF STUFF THAT HAPPENED
BEFORE. I HAVE NO DOUBT, NO DOUBT AT ALL
THAT IF THE PHYSICALS WAS CHANGED -- POLICY WAS CHANGED,
WE'LL NOT SLIP BACK TO THE DAYS OF THE GO-GO BARS AND ALL THAT.
I JUST THINK IT'S A DIFFERENT ENVIRONMENT AND A DIFFERENT
WORLD IN OCEAN VIEW AND THAT'S ALL I WANT TO COME DOWN AND
EXPRESS THOSE FEELINGS. THANK YOU, MR. MAYOR.
>> THANKS, SHERIFF. DON ROCKWELL?
>> MY NAME IS DON ROCKWELL, I LIVE AT 1349 BUCKINGHAM AVENUE
IN LARCHMONT, A NORFOLK RESIDENT FOR ALMOST 20 YEARS.
THANK YOU FORKER TIME, AND THE OWNER OF MOJO BONES.
I KNOW THIS SPECIAL EXCEPTION APPLICATION HAS CAUSED A LOT OF
TALK. BESIDE THE PERSONAL INTEREST AND
THE HE SAID/SHE SAID AND BESIDES PAST YEAR'S HISTORY, CURRENTLY
AS WE STAND NOW, WE HAVE SIX CIVIC LEAGUES, 600 RESIDENTS,
LOCAL SHERIFFS, BUSINESS OWNERS, COUNCIL PEOPLE THAT ALL SUPPORT
THIS ITEM AGENDA. IT'S ABOUT THE PEOPLE IN OCEAN
VIEW MAKING DECISIONS FOR THEMSELVES AND THE COUNCIL
PEOPLE GETTING BEHIND THESE PEOPLE AND ALLOWING THEM TO HAVE
A CHANGE IN THEIR COMMUNITY. WE HAVE THE SPECIAL
ENTERTAINMENT TASK FORCE, THE BAR TASK FORCE.
WE HAVE GREAT EMPLOYEES IN THE CITY THAT REALLY DO KEEP AN EYE
ON WHAT WE'RE DOING. WE'VE GOTTEN BETTER AT WHAT WE
DO AS FAR AS SPECIAL EXCEPTIONS. WITHIN THE LAST FIVE YEARS, I'VE
OWNED RESTAURANTS IN THE CITY NOW FOR EIGHT YEARS, I'VE SEEN
THE SPECIAL EXCEPTION APPLICATION PROCESS CHANGE EVERY
YEAR. EVERY TIME WE FIND SOMETHING
WRONG WITH IT, WE REDO IT AGAIN. WHEN I FIRST OPENED A RESTAURANT
IN OCEAN VIEW, YOU WERE ALLOWED TO BUILD A RESTAURANT WITHOUT
APPLYING FOR A SPECIAL EXCEPTION FIRST.
SO YOU INVEST $220,000 INTO A BUILDING, AND THEN YOU FIND OUT
YOU CAN'T STAY OPEN PAST 11:00, THEN YOU COME BACK TO COUNCIL
LATER AFTER ONE YEAR AND YOU SAY I'VE HAD A YEAR OF GOOD BEHAVIOR
AND THEY SAY GO TALK TO THE CIVIC LEAGUE.
SIX CIVIC LEAGUES LATER, IT TOOK EIGHT MONTHS.
THEY ALL MEET TO THE AIM THURSDAY AND THE LAST ONE OF THE
MONTH EVERY MONTH, SO EIGHT MONTHS TO GO THROUGH THAT
PROCESS AND WE COME BACK AND THEY SAY, OH, WELL, NOT
EVERYBODY IS A CIVIC LEAGUE PERSON, WE NEED TO TALK TO THE
OTHER CONSTITUENTS IN THE AREA. WE SAY NO PROBLEM.
WE PLACE PA 10-FOOT BY 20-FOOT BANNER ON 1st VIEW AVENUE THAT
SAYS PLEASE GO HERE AND SIGN A PETITION.
YOU CAN SIGN FOR OR AGAINST. 600 SIGNATURES LATER, WE'RE BACK
AGAIN AND WE'RE STILL TALKING ABOUT THE SPECIAL EXCEPTION
PROCESS. WE'VE GOT IT IN THE BAG, GUYS.
WE KNOW HOW TO DO IT. WE KNOW HOW TO LOOK FOR THOSE
BAD OPERATORS, HOW TO BET THE BAD OPERATOR -- GET THE BAD
OPERATORS OUT AND WE WANT THEM OUT AND WE WANT TO ENTICE THE
GOOD ONES TO COME AND STAY. IT'S TIME TO LET THE RESIDENTS
MAKE A DECISION IN OCEAN VIEW, LET THE COMMUNITY MAKE THE
CHOICE AND COUNCIL GET BEHIND THE COMMUNITY.
THERE'S A THOUSAND PEOPLE VOTING FOR THIS TODAY.
THERE'S NOT JUST ME AND ONE. THANK YOU VERY MUCH AND I HONE
THE DECISION GOES THAT WAY. >> LET ME ASK YOU A QUESTION.
YOU'RE GIVING UP THE DJ. >> YES, WE'RE NOT A NIGHTCLUB.
NOR DO WE PLAN TO BE. TRUTH OF THE MATTER IS, WHEN YOU
CLOSE AT 11:00, AS FAR AS THE SPECIAL EXCEPTION READS, THERE
CAN BE NO USE OF THE ESTABLISHMENT AFTER 11:00.
WELL, TO DO THAT YOU HAVE TO ASK EVERYBODY TO LEAVE AT 10:00
BECAUSE IT TAKES PEOPLE 30 MINUTES TO GET THE CHECK, GET
THEIR COAT, FINISH UP THEIR COCA-COLA OR BEER OR WHATEVER
THEY HAVE AND LEAVE. SO WE'RE REALLY DOING THIS TO
STAY OPEN UNTIL 12:00. >> YOU CLOSE AT 11:00.
>> YES, THERE CAN BE NO ONE IN THE BUILDING AT 11:00 MONDAY
THROUGH THURSDAY. YOU CAN BUY BEER LATER AT FARM
FRESH THAN YOU CAN BUY A BEER AT MOJO BONES.
YOU CAN BUY FOOD AT McDONALD'S LATER THAN YOU CAN AT MOJO
BONES. >> OKAY.
THANK YOU VERY MUCH. >> IS THERE ANY OTHER QUESTIONS?
SO WE'RE REALLY JUST TRYING TO BE A LITTLE BIT COMPETITIVE WITH
THE PEOPLE IN THE AREA. >> SO MONDAY THROUGH THURSDAY --
>> WHEN YOU COME IN AND HAVE RIBS ON MONDAY NIGHT, TUESDAY,
WEDNESDAY, OR THURSDAY, AT 10:30, I'M GOING TO ASK YOU TO
LEAVE. BECAUSE YOU HAVE TO BE OUT OF
THE BUILDING BY 11:00. AND IF ANYONE IS IN THERE AND
KAREN BARNES IS OUT FRONT, I'LL GETTING A BIG TICKET, SO I MAKE
SURE THAT ALL THOSE CODES ARE ADHERED TO, THAT'S RIGHT.
IT'S THE SAME WITH FRIDAY. A LOT OF CIVIC LEAGUE MEMBERS
AND PEOPLE ARE IN THERE. 11:30, THEY WORKED AND THEY WENT
HOME AND HAD SOME FAMILY TIME AND THEY COME OUT TO HEAR A GOOD
BLUES BAND AND THEY SAY, HEY, WE GOT TO LEAVE.
WE'RE TRYING TO BRING THE BUSINESS TO OCEAN VIEW, TRYING
TO LET THE COMMUNITY RESIDENTS SPEND THEIR TIME THERE AND MAKE
A DECISION FOR THE WHOLE. >> HOW IS IT THAT PEOPLE HAVE TO
BE OUT OF YOUR ESTABLISHMENT BY 11:00, BUT IF I GO TO OLIVE
GARDEN AND THEY CLOSE AT 10:00 OR 11:00, I DON'T HAVE TO HURRY
UP AND EAT MY FOOD AND BE DONE AND OUT OF -- I DON'T UNDERSTAND
THAT. >> BECAUSE THAT'S THEIR POLICY
TO CLOSE AT THAT TIME. THAT'S NOT THE CITY'S POLICY FOR
THEM TO CLOSE AT THAT TIME. SO ANY PERSON THAT IS IN THE
ESTABLISHMENT AFTER THAT TIME IS A VIOLATION OF THE SPECIAL
EXCEPTION AND THE SPECIAL EXCEPTION CAN THEN BE TAKEN.
THAT'S ACTUALLY OLIVE GARDEN'S POLICY.
BUT AS A THE LARGER CHAIN RESTAURANTS NO AND AS THE
YOUNGER PEOPLE EAT LATER AND LATER, SMOKY BONES AND TGI
FRIDAYS AND AND PELL BEES, THEY ALL STAY OPEN LATER THAN DIE.
>> RIGHT. >> WE ACTUALLY CONSENTED WITH
COUNCIL TO WORK WITH THEM AND TOOK THE DEEJAY AWAY.
WE SAID WE DON'T EVEN WANT ONE, IT WAS JUST INCLUDED IN THE
APPLICATION, AS PART OF THE SPECIAL ENTERTAINMENT PACKAGE.
WE'RE SAID WE'RE GOING TO AXE HIM OFF.
YOU CAN'T HAVE A NIGHTCLUB WITHOUT A DEEJAY.
>> SO YOU'RE NOT A NIGHTCLUB. >> RIGHT.
THANK YOU FOR YOUR TIME. >> ARE YOU STILL GOING TO HAVE
LIVE MUSIC IF THIS IS EXTENDED? I UNDERSTAND THERE'S LIVE MUSIC
THAT'S THERE, BLUES MUSIC. >> YES, WE HAVE BLUES, JAZZ, A
LITTLE BIT OF COUNTRY. NO, THAT'S NOT GOING TO CHANGE.
THAT TYPE OF VENUE IN THE EVENING I THINK IS VERY GOOD.
I THINK THE DINNER IS GOOD. WE BROUGHT A LITTLE LATE-NIGHT
ENTERTAINMENT AND WE TRY TO CLOSE UP SHOP BEFORE, YOU KNOW,
THE MOON SETS TOO FAR INTO OCEAN VIEW.
>> ON YOUR ORIGINAL APPLICATION, YOU HAD PUT 9:00 A.M.
AND I DISCUSSED THIS WITH YOU LAST NIGHT, BUT GENERALLY KNOWS
THERE'S NOBODY IN NORFOLK THAT SELLS ALCOHOL BEFORE 11:00.
>> WHEN I FILL THE PUBLIC OUT WITH SUSAN, I PUT THE ALCOHOL
AND THE ABC HOURS WERE THE SAME OPENING HOURS, BUT THEY DON'T
NEED TO BE. I DON'T NEED TO SERVE BEER AT
9:00 IN THE MORNING. >> BERNARD, CAN YOU CHANGE THAT
IN THE ORDINANCE WE'RE VOTING ON TO SAY 11:00 A.M.?
>> YES. >> AND ALSO, I BELIEVE THAT PART
OF VOTING ON THIS TONIGHT IS WE HAVE ASKED FOR AN 18-MONTH
PROBATION PERIOD AS PART OF THIS, AND I'VE ASKED FOR THAT TO
BE WRITTEN INTO THE ORDINANCE AS PART OF THIS.
>> THE ORDINANCE THAT YOU'RE VOTING ON THAT THE CLERK WILL
READ FOR YOUR CONSIDERATION WILL HAVE THE HOURS FOR -- LET ME SEE
HERE. SUNDAY THROUGH THURSDAY OF 9:00
TO 1:00 AND THEN FRIDAY AND SATURDAY -- I MEAN 11:00 TO
1:00, AND THEN -- LET ME MAKE IT --
>> RIGHT. THEY WANT TO BE OPEN 9:00 TO --
>> 11:00 TO 12 -- >> FOR ALCOHOL.
>> SUNDAY THROUGH THURSDAY, WHICH WILL BE 11:00 TO 1:00 A.M.
>> SUNDAY TO THURSDAY IS 11:00 TO 12:00, ISN'T IT?
>> ONE HOUR, INCREASING BY ONE HOUR.
>> HE'S NOT GOING UNTIL 2:00? >> RIGHT, ONE HOUR, JUST ONE
HOUR. I'M STILL GOING TO KICK YOU OUT
FOR RIBS AT 11:45 ON TUESDAY NIGHT.
I WANT TO GO HOME TOO. >> ALL RIGHT, THANK YOU.
>> THANK YOU VERY MUCH FOR YOUR TIME.
>> OBVIOUSLY EVERYBODY KNOWS THAT I HAVE A LITTLE PROBLEM
WITH THIS, NOT BECAUSE OF THE OPERATOR, MOJO.
AS FAR AS I'M CONCERNED, HE'S A GREAT OPERATOR.
THIS POLICY HAS BEEN IN EFFECT FOR A LONG TIME AND IT'S BEEN
VERY EFFECTIVE. I WANT TO BE SURE EVERYBODY IN
WARD 5 UNDERSTANDS THAT IF WE CHANGED THE LAW, IT CHANGES FOR
EVERYBODY, SO SOMEBODY COMES DOWN ON LITTLE CREEK ROAD WHO'S
NOT A GOOD OPERATOR AND I KNOW WE HAVE THE BAR TASK FORCE AND
WE'VE WITNESSED ALL OVER THE CITY THAT THAT'S A TOUGH DEAL TO
SHUT DOWN, I'M -- I WANT TO GET -- AND I PROPOSE TO MR.
SMIGIEL AFTER OUR MEETING THAT WE GET TOGETHER FIVE PEOPLE EACH
AND SIT DOWN, REPRESENTING PEOPLE FROM WILLOUGHBY ALL THE
WAY DOWN OCEAN VIEW AVENUE, ALL THE WAY DOWN LITTLE CREEK ROAD,
STAKEHOLDERS, AND COME UP WITH -- LET THEM UNDERSTAND WHAT
THIS MEANS WHEN WE DO THIS, AND ALSO IF THEY SAY, OKAY, LET'S DO
IT, COME UP WITH A CONSISTENT TIME OR CONSISTENT SET OF TIMES
SO THAT WE'RE NOT, EVERY TIME SOMEBODY COMES IN HERE, THEY
HAVE GOT A GOOD REASON WHY THEY NEED TO BE OPEN UNTIL 2:00 OR
WHATEVER IT IS, YOU KNOW, I'M HAPPY TO DO THAT.
I'M HAPPY TO BE OPEN-MINDED ABOUT IT, AND UNTIL WE DO THAT,
I CAN'T VOTE FOR IT TONIGHT. I THINK WE'RE MOVING TOWARD IT
AND I THINK LIKE SHERIFF McCABE SAYS, THINGS HAVE CHANGED, BUT I
THINK -- I DON'T WANT TO UNDO 12 YEARS WITHOUT MY -- AND I KNOW
THAT THE APPLICANT'S BEEN AROUND AND I KNOW COUNCILMAN SMIGIEL
HAS BEEN AROUND. I HAVE NOT BEEN PRIVY TO MEETING
WITH CIVIC LEAGUES, NOT BEEN PRIVY TO LETTING THEM KNOW WHAT
HAPPENS IF AND HOW THIS IS NOT JUST A MOJO BONES, AN EMOTIONAL
AREA DOWN THERE AT 1st VIEW, IT'S ALL ABOUT WARD 5 ANDING
CREEK ROAD AND EAST BEACH AND EAST OCEAN VIEW AND ALL THE WAY
DOWN. IF WE WANT TO PUT THIS OFF TO
GIVE US TIME TO DO IT IN FAIRLY LAST MANNER, THAT'S FINE, IF
NOT -- AND I DON'T KNOW HOW IT GOING TO COME OUT, I REALLY
DON'T. BUT THAT'S MY FEELING, I WANT TO
MAKE THAT KNOWN. WE'VE WORKED A LONG TIME TO GET
WHERE WE ARE AND MAYBE I SHOULD HAVE BEEN INVOLVED EARLIER, BUT
NOBODY ASKED ME TO GET INVOLVED EARLIER AND I'M HAPPY TO DO IT.
IT WAS A NONPARTISAN GROUP OF PEOPLE THAT HAVE THE -- THAT ARE
STAKEHOLDERS IN THAT COMMUNITY. >> DO YOU WANT TO -- IS THAT
A -- DO YOU WANT TO TRY TO CONTINUE THE MATTER FOR A LITTLE
WHILE? >> THAT'S UP TO THE APPLICANT, I
THINK. IF HE WANTS TO GO THROUGH, THEN
I JUST WANT EVERYBODY TO UNDERSTAND WHERE I'M COMING
FROM. THIS IS A WHOLE AREA, IT'S NOT
1st VIEW AND IT'S NOT, YOU KNOW, PERSONALITIES AND EMOTIONS AND
WHAT HAVE YOU. ALL THAT'S INVOLVED HERE AND I
THINK IT'S BIGGER THAN THAT. AND IT'S NOT ABOUT YOU.
>> I'VE GOT A THOUSANDS PEOPLE THAT ARE --
>> ARE THERE ANYBODY ELSE? >> NO, THAT WAS IT.
JUST TWO PEOPLE. >> CAN I MAKE A STATEMENT?
I HAVE A PREPARED STATEMENT. YESTERDAY'S OCEAN VIEW TASK
FORCE MEETING WAS A GREAT EXAMPLE OF CIVIC ENGAGEMENT IN
OUR CITY AND UNDERSCORED THE REASONS WHY GOVERNMENT SHOULD
ALWAYS INVITE AND RESPECT CITIZEN INPUT WHEN MAKING
DECISIONS THAT IMPACT THEIR COMMUNITY.
IT WAS A NICE SUMMER EVENING AND PEOPLE COULD HAVE CHOSEN TO STAY
HOME AND WATCHED FROM THE SIDELINES, BUT WE HAD A PACKED
ROOM AT THE PRETTY LOW LIBRARY OF PRETLOW LIBRARY.
I WANT TO THANK ALL THE CITIZENS WHO CAME OUT TO HEAR ABOUT THE
ISSUES IMPACTING OUR COMMUNITY. IT WAS A TRUE DEMONSTRATION OF A
VIBRANT CIVIC LIFE IN OUR CITY. WHEN I LEFT LAST NIGHT'S
MEETING, I HAD A CLEAR UNDERSTANDING OF WHERE THE
CITIZENS KNOW WE HAVE BEEN AND KNOW WHERE WE WANT TO GO.
THEY RECOGNIZED FAIRNESS AND BALANCE, WHICH IS WHY THERE WAS
OVERWHELMING SUPPORT FOR MOJO BONES TO BE GIVEN THE
OPPORTUNITY TO COMPETE WITH OTHER ESTABLISHMENTS ON A FIELD
MORE EVENLY LEVELED. THAT SAME UNDERSTANDING OF
FAIRNESS IS WHY ALL FIVE CIVIC LEAGUES IN THE OCEAN VIEW AREA
SUPPORTED MOJO BONES APPLICATION.
RULES AND POLICIES GIVE STRUCTURE AND ORDER, BUT THEY
EXIST IN A DYNAMIC ENVIRONMENT. SOMETIMES POLICIES GET OLD AND
ARE NO LONGER NEEDED. SOMETIMES POLICIES CAN BE
INTRNTED OR MANIPULATED FOR VARIOUS REASONS, BUT IN A
DYNAMIC DEMOCRACY, POLICY SHOULD ALWAYS BE SUBJECT FOR REVIEW,
ESPECIALLY WHEN THE CITIZENS DEMAND A REVIEW.
OPPONENTS TO THIS REQUEST FOR MOJO BONES HAVE FAILED TO MAKE A
COMPELLING ARGUMENT THAT EXCEEDS THE VOICES OF THE MANY CITIZENS
WHO HAVE ASKED ME TO SPEAK FOR THEM.
THERE MAY HAVE BEEN A TIME WHEN THIS POLICY WAS NEEDED, BUT I
THINK IT'S CLEAR THAT THAT TIME HAS PASSED.
WE ARE NOT AN ISLAND IN OCEAN VIEW AND I TAKE OFFENSE WHEN
SOMEONE SAYS THAT WE ARE STILL IN SOME FRAGILE STATE.
OCEAN VIEW RESIDENTS ARE NOT NAIVE.
WE UNDERSTAND OUR PAST. WE HAVE A CLEAR VIEW OF OUR
PRESENT, AND I BELIEVE WE HAVE A SHARED VISION FOR A FUTURE.
GHENT AND DOWNTOWN HAVE SEEN TREMENDOUS EXPANSION OF SMALL
RESTAURANTS. OCEAN VIEW HAS REMAINED
STAGNANT. I BELIEVE AND RESPECT THAT THERE
ARE A MAJORITY OF CITIZENS WHO LIVE IN OCEAN VIEW WHO WANT TO
MOVE FORWARD AND I URGE MY COLLEAGUES ON COUNCIL TO GRANT
THEIR SUPPORT AND RESPECT TO THAT MAJORITY.
NEW ORDINANCES HAVE BEEN ADOPTED THAT WILL NOT ALLOW STRIP CLUBS
TO PROSPER IN OCEAN VIEW AGAIN AND I AM CONFIDENT THAT THE
CITIZENS WILL BE GOOD STEWARDS OF THEIR COMMUNITY AND PREVENT
HISTORY FROM REPEATING ITSELF. AS A 33-YEAR RESIDENT OF OCEAN
VIEW, I HAVE WATCHED AND BEEN PART OF AN OCEAN VIEW TRANSITION
AND GROWTH. HOW I HEAR THE COMMUNITY TELLING
US THAT THEY ARE READY FOR A RENAISSANCE AND I THINK WE
SHOULD SUPPORT THEM. ULTIMATELY, THE CITIZENS WILL
BE, AND SHOULD BE, THE ONES TO MONITOR THEIR COMMUNITY AND LET
US KNOW IF THE SPECIAL EXCEPTION NEEDS TO BE EXAMINED.
AND TO MOJO BONES, IF THIS PASSES, THE CITIZENS IN OCEAN
VIEW AND NORFOLK EXPECT FOR YOU TO NOT ONLY RUN A SUCCESSFUL
BUSINESS, BUT TO BE A MODEL CITIZEN IN OUR COMMUNITY.
WE EXPECT FOR YOU TO HAVE GOOD STAFF THAT WILL MONITOR
INAPPROPRIATE BEHAVIOR AND TO ASSIST US WITH KEEPING NEGATIVE
ELEMENTS OUT OF OUR COMMUNITY. MOST OF US LOOK FORWARD TO YOUR
CREATIVE CONTRIBUTIONS THAT WILL MAKE OCEAN VIEW A HEALTHY AND
VIBRANT COMMUNITY OF CHOICE WHERE PEOPLE WANT TO LIVE, WORK,
AND PLAY. I UNDERSTAND THAT THERE ARE
COUNCIL MEMBERS WHO WANT TO HOLD ON TO THE PAST, ARE
UNCOMFORTABLE WITH CHANGE, BUT I HOPE THERE ARE OTHERS THAT ARE
WILLING TO STAND WITH ME, THE COUNCIL MEMBER WHO REPRESENTS
THE AREA, AND STAND WITH THE CITIZENS WHO ARE ALL -- WHO ARE
AND WILL CONTINUE TO BE THE STEWARDS OF THAT COMMUNITY.
AND IN 18 MONTHS, WE WILL REVIEW HOW WELL WE HAVE ALL DONE.
>> OKAY. ARE WE READY TO VOTE?
>> OKAY. >> WOULD YOU --
>> OH, I'VE NOT TALKED TO FORMER COUNCILMAN DON WILLIAMS, BUT I
WROTE US A LETTER ASKING -- AND HE CALLED THE CLERK ASKING THAT
THIS BE -- THE LETTER BE MADE A PART OF THE RECORD AND THAT IT
BE READ INTO THE RECORD OR SUMMARIZED AND IT'S FROM FORMER
COUNCILMAN DON WILLIAMS WHO COULD NOT BE HERE TONIGHT
BECAUSE HE'S RECOVERING FROM SURGERY.
WHEN HE WAS A COUNCIL, WE WERE INFORMED BY THE OWNER OF MOJO
BONES THAT TT 11:00 LIMIT FOR THE ABC LICENSE WAS FINE WITH
HIM BECAUSE HE WAS OPENING A FAMILY BARBECUE RESTAURANT.
THE NEED TO EXTEND THE HOURS NOW IMPLIES HE HAS SOME OTHER
PURPOSE IN MIND OTHER THAN A FAMILY RESTAURANT, AND HE SAYS
THAT ANY CHANGE IN THIS PHYSICALS WOULD BE A STEP
BACKWARDS -- IN THIS POLICY WOULD BE A STEP BACKWARDS.
WE CAN'T AFFORD TO LET THIS HAPPEN.
MANY OF US WORKED TOGETHER OVER THE PAST MANY YEARS TO CURTAIL
BARS AND NIGHTCLUBS FROM THE OCEAN VIEW AND LITTLE CREEK AREA
AND HAVE BEEN SUCCESSFUL. ALL RIGHT, WE'RE READY.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> I GOT A TOUGH TIME DENYING IN YOUNG MAN AN HOUR.
YOU KNOW, I THOUGHT HE WAS ASKING FOR 2:00 A.M. AND, YOU
KNOW, I REALLY HAVE A TOUGH TIME DENYING THIS GUY AN HOUR.
IT GIVES ME SOME HEARTBURN IF WE'RE GOING TO BE OPEN FOR
BUSINESS AND I REALLY THOUGHT THAT THIS WAS, YOU KNOW,
SOMETHING TOTALLY DIFFERENT. I CANNOT DENY THIS GUY ONE HOUR,
YOU KNOW, TO ALLOWS HIS -- I JUST WANT DO IT.
SO I GUESS THE SUPPORT, I SAY AYE.
>> MR. PROTOGYROU. >> MAY I SAY SOMETHING?
>> SURE. >> I FIND MYSELF -- WE WERE
HERE, I WANT TO SAY IT WAS THE LAST MEETING, AND WE WERE
LITERALLY AS A COUNCIL ENCOURAGING SOMEBODY WHO HAD
MADE AN APPLICATION ON COLLEY AVENUE TO STAY OPEN LATER.
AND WE WERE TRYING TO TELL HIM GO BACK AND LOOK AT THE INFORMAL
SESSION BECAUSE THE DISCUSSION WAS, WE WANT YOU TO STAY OPEN
LATER. AND I THINK THAT WE NEED TO
CONSIDER THAT, TO EXAMINE THESE ISSUES ON A CASE-BY-CASE BASIS,
THE WAY WE APPEAR TO BE DOING, THAT THROUGHOUT THE CITY, IT'S
NOT AN ISSUE OF PERSONALITIES OR FRIENDSHIPS.
THAT IS -- I CANNOT MAKE A DECISION, NOT THIS COUNCIL, IF
I'M TO WEIGH FRIENDSHIPS OR PERSONALITIES.
I SHOULDN'T BE HERE IF THAT'S THE CASE.
AND THEREFORE, I CAN'T DO THAT, WILL NOT CONSIDER THAT, AND I
HAVE TO SET THAT ASIDE. THE ISSUE OF THE ONE HOUR,
CONSIDERING THIS ON A CASE-BY-CASE BASIS, WHICH I
THINK THAT IN THE FUTURE WE NEED TO BE LOOKING AT AND EXAMINING
THESE REQUESTS THE WAY WE WOULD ANYWHERE ELSE THROUGHOUT THE
CITY, THAT'S WHAT THE CITY -- THE CITIZENS AT THIS POINT ARE
ASKING FOR, THAT'S WHAT THE ELECTION OF TWO YEARS AGO HAS
GIVEN US, AND CONTINUES TO GIVE US WITH THE CONTACTS THAT WE
RECEIVE FROM CITIZENS. THEREFORE, I DO BELIEVE IN A
POLICY CHANGE FOR THE AREA AND THEREFORE, I WOULD VOTE IN FAVOR
OF THIS MATTER, SO IT'S AYE. >> MR. RIDDICK.
>> NO >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> WELL, I AGREE WITH ANDY. THAT'S WHAT I WAS GOING TO SAY,
TWO WEEKS AGO WE WERE STANDING ON OUR HEADS TO ALLOW SOMEBODY
TO BE ABLE TO COMPETE BY HAVING LATER HOURS IN WHAT I CONSIDER A
FRAGILE AREA OF NORFOLK. NORFOLK HAS A LOT OF FRAGILE
AREAS. I'M HOPING AT SOME POINT WHAT
WE'RE LOOKING AT INSTEAD IS ENFORCEMENT OF GOOD BEHAVIOR AT
ALL OF OUR RESTAURANTS, INSTEAD OF TRYING TO FIGURE OUT WHICH
AREAS MIGHT NEED TO HAVE A SWEEPING RULES APPLY, SO I VOTE
AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> NO >> MR. FRAIM.
>> LOOK, THIS MATTER HAS ALREADY PASSED, BUT I'M GOING TO VOTE
NO, EVEN THOUGH IT'S ALREADY SUCCEEDED.
I WAS THERE, AS YOU SAY, AT THE BEGINNING, BACK IN THE MID '80s.
WHEN I CAME ON COUNCIL, THERE WAS NO OCEAN VIEW TASK FORCE.
I FORMED THE FIRST OCEAN VIEW TASK FORCE.
THE GENERAL PLAN FOR OCEAN VIEW WAS A NIGHTMARE, PERMITTED ALL
OF THESE BARS, ALL OF THESE RESTAURANTS, ALL THESE GO-GO
BARS, ALL OF THESE HOTEL, ALL THE SEEDY JOINTS, ALL OF THE
LITTLE WILLIAMSBURGS AND THE LODGES AND PEOPLE DIDN'T KNOW
WHETHER WE WANTED TO BE JUST SORT OF A, YOU KNOW, SORT OF A
***-TONK RESORT OR IF WE WANTED TO BE A PLACE WHERE
PEOPLE COULD RAISE THEIR FAMILIES, RAISE THEIR CHILDREN,
YOU KNOW, INVEST IN PROPERTIES AND THINK THAT THEY WOULD BE
MAINTAINED. AND WE HAD A MASSIVE
REDOWNZONING OF ALL OF OCEAN VIEW, A CHANGING OF THE GENERAL
PLAN IN 1987. THE PLACE WAS PACKED.
THE COUNCIL WAS THREATENED BY ALL OF THE PEOPLE WHO OWNED
LARGE PIECES OF PROPERTY BACK THEN.
WE WERE -- THERE WERE PETITIONS BACK THEN, THERE WERE LAWSUITS.
I MEAN, THERE WAS -- YOU NAME IT, ALL THE STUFF GOOD THAT WE
TRIED TO DO, THERE WAS MORE BAD THAN GOOD WHEN WE FIRST GOT
STARTED. EVERY TIME WE'VE HAD TO COME IN
AND CONSIDER ONE OF THESE THINGS, EVERYBODY MADE THE CASE,
OH, IT'S JUST ME, IT'S JUST ME. BUT YEAR AFTER YEAR, VOTE AFTER
VOTE, WE HAVE BEEN CONSISTENT IN DENYING THIS AND WHAT HAS
HAPPENED THAT IS WE HAVE TURNED THIS AIRCRAFT CARRIER OR WE HAVE
TURNED IN GLACIER AT OCEAN VIEW AROUND.
I CAN UNDERSTAND THE NEED TO CHANGE POLICY, BUT I DON'T THINK
YOU DO ON IT A CASE-BY-CASE BASIS.
I THINK YOU SIT DOWN, LIKE MR. WINN HAD SAID, AND LOOK AT IT IN
A COMPREHENSIVE FASHION AND THEN DECIDE YOU'RE GOING TO CHANGE
THIS SORT OF POLICY. YOU KNOW, MR. ROCKWELL KNEW WHEN
HE APPLIED FOR THIS LICENSE THREE YEARS AGO, WHAT THE RULES
WERE, AND HE'S BEEN BACK HERE -- I THINK THIS IS THE THIRD TIME
NOW. I UNDERSTAND IT IS JUST AN HOUR
AND I UNDERSTAND THAT IN 18 MONTHS, WE REVIEW IT AGAIN.
I HOPE -- I WISH YOU THE VERY BEST, MR. ROCKWELL.
I HOPE YOU SUCCEED, AND, YOU KNOW, MAYBE THERE'S A GOOD
CHANCE THAT YOU WILL. BUT AT THE SAME TIME, I WOULD
HOPE THAT THE COUNCIL WOULD, JUST AS AGGRESSIVELY, SIT DOWN
AND DISCUSS A POLICY OR A CHANGE OF POLICY OR WHAT WE NEED TO DO
IN THIS AREA, AND I DON'T -- UNTIL WE HAVE ACTUALLY HAD THAT
COMPREHENSIVE POLICY, YOU KNOW, I JUST CAN'T SUPPORT THIS AND I
WON'T SUSPENDS THE NEXT ONE EITHER MEDICAL -- SUPPORT THE
NEXT ONE EITHER UNTIL WE HAVE THAT VOTE.
SO AGAIN, I WILL VOTE NO. OKAY, R-9 -- R-10, RATHER.
>> R-9, MR. PRESIDENT. >> R-9?
>> YES, THE APPLICANT HAS REQUESTED THE MATTER BE
CONTINUED. >> THE MATTER IS TO CONTINUE.
>> MR. BURFOOT. >> AYE.
>> IN PROTOGYROU. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-10. >> AN ORDINANCE APPROPRIATING
$975,000 FROM THE U.S. MARSHAL SERVICE SPECIAL REVENUE ACCOUNT,
IF AND WHEN RECEIVED, AND AUTHORIZING THE EXPENDITURE
THEREOF AT THE DIRECTION OF THE SHERIFF TO PAY FOR VARIOUS
EMPLOYEE BENEFITS, EQUIPMENT PURCHASES, AND MAINTENANCE COSTS
RELATED TO PROGRAMS DESIGNED TO IMPROVE THE EFFICIENCY OF THE
JAIL. 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 APPROPRIATING
$162,427, IF AND WHEN RECEIVED, FROM THE SHERIFF AND AUTHORIZING
THE EXPENDITURE THEREOF TOWARDS SALARIES AND BENEFITS FOR THREE
SHERIFF EMPLOYEES. 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 APPROVING THE
ACCEPTANCE OF RECEIPTS FROM A SPECIAL REVENUE PROJECT, THE
SHERIFF’S COMMUNITY CORRECTIONS PROGRAM, APPROPRIATING $570,000
FOR FISCAL YEAR 2013, AUTHORIZING THE EXPENDITURE
THEREOF BY THE SHERIFF, AUTHORIZING THE SHERIFF’S
CONTINUED EMPLOYMENT OF 11 PERSONS FOR THE PROGRAM, 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-13.
>> AN ORDINANCE APPROPRIATING $35,000 AND AUTHORIZING THE
EXPENDITURE THEREOF BY THE SHERIFF, IF AND WHEN RECEIVED
FROM THE DEPUTY FUND SERVICE SPECIAL REVENUE ACCOUNT, TO PAY
FOR HOLDING FUNCTIONS FOR HIS EMPLOYEES, EXTENDING CONDOLENCES
AND CONGRATULATIONS TO HIS EMPLOYEES, AND SIMILAR
INCENTIVE-RELATED BENEFITS FOR HIS EMPLOYEES.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> I DON'T KNOW ABOUT THIS ONE. AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-14. >> AN ORDINANCE APPROVING A
LEASE AGREEMENT BETWEEN MONTICELLO AVENUE, LLC, AS
LESSOR, AND THE CITY OF NORFOLK, AS LESSEE, FOR THE LEASE OF
PROPERTY OWNED BY MONTICELLO AVENUE, LLC, LOCATED AT 861
MONTICELLO AVENUE, 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. >> CAN I SAY SOMETHING REAL --
>> SURE. >> I'M GOING TO TAKE A PAGE OUT
OF THE VICE MAYOR'S HANDBOOK AND I WANT TO THANK THE
ADMINISTRATION BECAUSE I THINK THAT WHERE WE WERE AND WHERE YOU
HAVE GOTTEN US WITH THIS, AND MY COMPLIMENTS TO DARRELL AND THE
MANAGER, ARE REALLY WONDERFUL. YOU ALL REALLY DID A GREAT JOB
IN MAKING THIS HAPPEN. THIS PARTICULAR LEASE BEING THE
EXPANSION FOR OUR COMBINED -- I WOULD SAY ONE OF A KIND COURT
THAT ALLOWS -- NOT THE COURT ITSELF PER SE, BUT ALLOWS THE
INDIVIDUALS AND THE COUNSELORS AND THE CSB AND THE PROBATION
OFFICERS TO GET THEIR JOB DONE APPROPRIATELY.
AND JUST THE ADMINISTRATION'S DONE A GREAT JOB IN PULLING THIS
TOGETHER, AND THIS REALLY IS CUTTING EDGE.
AND REALLY PUTS THE CITY OF NORFOLK OUT THERE WHEN IT COMES
TO DEALING WITH VETERANS, VETERANS AFFAIRS.
I KNOW THAT, PAUL, YOU'VE MADE THAT SUCH A HIGH PRIORITY --
>> RIGHT. >> -- AND THIS DOES TAKE IT ONE
GREAT STEP AND WHAT I SEE SOMETIMES ON A DAILY BASIS IN A
COURTHOUSE, SO THIS REALLY IS A GREAT JOB AND YOUR -- THE
ADMINISTRATION AND THE STAFF SHOULD BE, SHOULD BE
CONGRATULATED. AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-15. ARE WE GOOD TO GO ON R-15?
>> YES. >> A RESOLUTION IN SUPPORT OF
HAMPTON ROADS PARTNERSHIPS SERVICE SHARING PILOT PROJECT
BETWEEN THE CITIES OF NORFOLK, CHESAPEAKE, AND VIRGINIA BEACH.
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. >> YOU HAVE AN ADD-ON.
>> ONE ADDITIONAL ITEM. A RESOLUTION OFS A POINTING
MEMBERS TO THE EARLY CHILDHOOD LEARNING ADVISORY BOARD.
ADOPT THE RESOLUTION. MR. BURFOOT.
>> AYE. >> MR. PROTOGYROU.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> IN WIN.
>> AYE. >> MR. FRAIM.
>> AYE. >> THAT'S ALL I HAVE,
MR. PRESIDENT. >> THAT CONCLUDES THE FORMAL
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