Minutes 10/09/2012 - Laserfiche WebLink

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October 9, 2012 At a Regular Meeting of the City Council on Tuesday, October 9, 2012, there were present: Mayor Kenneth I. Wright, Vice Mayor Charles B. Whitehurst, Sr., William E. Moody, Jr., Marlene W. Randall, Paige D. Cherry, Dr. Curtis E. Edmonds, Sr., Deputy City Manager J. Brannon Godfrey, City Attorney G. Timothy Oksman. Pastor Charles Kelly, opened the meeting with prayer, which was followed by the Pledge of Allegiance to the Flag. Mayor Wright called the meeting to order and welcomed all in attendance. Motion by Mr. Moody, and seconded by Ms. Randall, to approve the minutes of a Called Meeting of September 24, 2012, of a Called Meeting of September 25, 2012, and of a Regular Meeting of September 25, 2012, and was adopted by the following vote: Ayes: Cherry, Edmonds, Moody, Randall, Whitehurst, Wright Nays: None 12 - 405 -Presentation: • Presentation of special lapel pins to newly appointed board and commission members. - Public Hearing - 12- 406 -Public hearing on a use permit application UP-12-07 DOWNTOWN -Dan Aston, contract purchaser of property owned by the Portsmouth Redevelopment and Housing Authority, requests a use permit to construct a mixed use building containing 48 residential units and floor area for offices located at the southwest corner of the intersection of Court Street and County Street. The Comprehensive Plan recommends Downtown Mixed Use development. Vision Principle: A Robust Economy for Working Men and Women. 1. Mark Geduldig-Yatrofsky, P. O. Box 50141, voiced his concern with the available parking and whether the current design will dwarf existing property in the area. Motion by Mr. Edmonds, and seconded by Mr. Moody, to concur with the recommendation of the Planning Commission that UP-12-07 be approved, and was adopted by the following vote: Ayes: Cherry, Edmonds, Moody, Randall, Whitehurst, Wright Nays: None - City Manager's Report - 12 - 407 -Adoption of an ordinance to refund the sum of $9606 for erroneously assessed taxes. Vision Principle: Efficient, Responsive Government. Background: • A little more than a year ago, a property on Wyatt Drive was transferred from Wild Duck LLC to the Commonwealth of Virginia and the Virginia Port Authority. This transfer made the property tax exempt. However, a clerical error failed to enter the new tax status in our database, and as a result the property continued to be assessed with taxes. The taxes were actually paid by the new owner. A refund is legally owed, and the erroneous assessment and payment now need to be corrected in accordance with I aw.