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<br />October 28, 2008 <br /> <br />At a Regular Meeting of the City Council on Tuesday, October 28, 2008, there <br />were present: <br /> <br />Mayor James W. Holley III, Vice Mayor William E. Moody, Jr., Stephen E. Heretick, <br />Elizabeth M. Psimas, Douglas L. Smith, Charles B. Whitehurst, Sr., City Manager <br />Kenneth L. Chandler, City Attorney G. Timothy Oksman. <br /> <br />Councilman Stephen E. Heretick opened the meeting with prayer, which was <br />followed by the Pledge of Allegiance to the Flag. <br /> <br />Mayor Holley called the meeting to order and welcomed all in attendance. <br /> <br />Motion by Ms. Psi mas, and seconded by Mr. Smith, to approve the minutes of a <br />Called Meeting of October 14, 2008, and of a Regular Meeting of October 14, 2008, and <br />was adopted by the following vote: <br /> <br />Ayes: Heretick, Moody, Psi mas, Smith, Whitehurst, Holley <br />Nays: None <br /> <br />08 - 453 - Presentations: <br /> <br />. Proclamation presented to George Bell, "Tallest Man in America." <br />. Presentation of the Virginia Municipal League Award to the City of Portsmouth. <br /> <br />- Unfinished Business - <br /> <br />08 - 434 - Use permits: <br /> <br />Motion by Ms. Psi mas, and seconded by Mr. Heretick, to adopt the following <br />resolution approved on first reading at the October 14, 2008 meeting, and was adopted <br />by the following vote: <br /> <br />08-434 (a): <br /> <br />"RESOLUTION GRANTING A USE PERMIT (UP-08-16) TO THE CITY OF <br />PORTSMOUTH DEPARTMENT OF PUBLIC UTILITIES TO CONSTRUCT AND <br />OPERATE A SEWER PUMP STATION AT 512 SOUTH STREET. <br /> <br />WHEREAS, James R. Spacek, Director of the City of Portsmouth Department <br />of Public Utilities, has made application on behalf of said department, pursuant to <br />Section 40-43.1 of the Code of the City of Portsmouth, Virginia (2006) for the granting of <br />a use permit (UP-08-16) to construct and operate a sewer pump station at 512 South <br />Street, Portsmouth, Virginia; and <br /> <br />WHEREAS, the applicant and the Planning Director have done all things <br />required to be done in connection with said application; and <br /> <br />WHEREAS, the Planning Commission has recommended the granting of the <br />application for a use permit with conditions. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br />1. That it finds that the use for which the permit is sought: <br /> <br />(a) Will not adversely affect the health and safety of persons residing or working in <br />the neighborhood of the proposed use; <br /> <br />(b) Will not be detrimental to the public use or InJurious to the property or <br />improvements in the neighborhood; <br />