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February 10, 2004 <br /> <br /> Substitute motion by Mr. Griffin, and seconded by Mr. Benn, to accept the <br />substitute motion to defer UP-03-27 back to the Planning Commission, and was <br />accepted by the following vote: <br /> <br />Ayes: Benn, Griffin, Pitts, Randall, Whitehurst, Holley <br />Nays: Moody <br /> <br /> Motion to approve the substitute motion by Mr. Whitehurst, and seconded by <br />Ms. Randall, to defer UP-03-27 for 90 days, having it referred back to the Planning <br />Commission for a complete investigation, for safety and all other aspects, before being <br />brought back to Council, and was adopted by the following vote: <br /> <br />Ayes: Benn, Griffin, Pitts, Randall, Whitehurst, Holley <br />Nays: Moody <br /> <br />- City Manager's Report - <br /> <br />04 - 59 - Adoption of an ordinance to appropriate $650,000 from the General Fund <br />Balance for legal fees. <br /> <br />These legal fees are the result of continuing legal defense costs. <br /> <br />Recommendation: <br /> <br />· Adoption of an ordinance to appropriate $650,000 from the General Fund balance <br />for legal fees. <br /> <br />Purpose and Need: <br /> <br />· These legal fees are the result of the continuing legal defense costs in the Fairwood <br />Homes litigation and in police liability suits, as well as the anticipated litigation costs to <br />recoup the cost of replacing the roof on the nTelos Pavilion at Harbor Center. <br /> <br />· The only source for funding this appropriation is the City's General Fund balance. <br /> <br />Financial Impact: <br /> <br />· The City's General Fund balance will be reduced by $650,000. <br /> <br /> Motion by Mr. Griffin, and seconded by Ms. Randall, to adopt the following <br />ordinance, and was adopted by the following vote: <br /> <br />"ORDINANCE TO APPROPRIATE $650,000 IN THE GENERAL FUND FOR LEGAL <br />FEES." <br /> <br />Ayes: Benn, Griffin, Moody, Pitts, Randall, Whitehurst, Holley <br />Nays: None <br /> <br />04 - 60 - Adoption of an ordinance to amend Chapter 13 of the Code of the City of <br />Portsmouth, Virginia pertaining to fire protection and prevention. <br /> <br />These changes will update the code in reference to the department name, <br />position titles, etc. and update the City Code to reflect the Virginia Statewide Fire <br />Prevention Code. <br /> <br />Recommendation: <br /> <br />· Adoption of an ordinance to amend Chapter 13 (Fire Protection and Prevention) of <br />the Code of the City of Portsmouth, Virginia to update the Code in reference to the <br />department name, position titles, etc. and to reflect the Virginia Statewide Fire <br />Prevention Code. <br /> <br /> <br />