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City Council Agendas

Regular Meeting

Norfolk, NE · November 15, 2022

AgendaMinutes

Minutes

November 15, 2022 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, NOVEMBER 15, 2022 – 7:00 P.M. MOMENT OF SILENCE Followed by the Pledge of Allegiance. MOTION TO EXCUSE Motion to Excuse Councilman Paul R. Riddick from the City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick 1 November 15, 2022 CLOSED SESSION RESOLUTION A Resolution certifying a closed meeting of the council of the City of Norfolk in accordance with the provisions of the Virginia Freedom of Information Act. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick PUBLIC HEARINGS PH-1 Public Hearing scheduled this day, pursuant to State Law, to hear comments on an Ordinance to Amend and Reordain Sections 1, 2 and 4 of the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2022 and Ending June 30, 2023 SO AS TO Increase the Amount for School Major Maintenance Projects by $7,090,000 Increase the Cash Expenditure by $7,996,997 and Decrease the Amount to be Funded Through the Issuance of Bonds by $906,997. An Ordinance to Amend and Reordain Sections 1, 2 and 4 of the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2022 and Ending June 30, 2023 so as to Increase the Amount for School Major Maintenance Projects by $7,090,000 Increase the Cash Expenditure by $7,996,997 and Decrease the Amount to be Funded Through the Issuance of Bonds by $906,997. - (Ordinance No. 48980) Barrett Hicks, 4853 Kennebeck Avenue, spoke in support of this item. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick 2 November 15, 2022 PH-2 Public Hearing scheduled this day, pursuant to State Law, to hear comments on an Ordinance Accepting an Amended Easement from Coastal Virginia Properties, LLC for Property Located at 5809 Portsmouth Boulevard in the City of Portsmouth; and Authorizing the City Manager to Enter into an Amended Deed of Easement and Water Main Easement Maintenance Agreement on Behalf of the City. An Ordinance Accepting an Amended Easement from Coastal Virginia Properties, LLC for Property Located at 5809 Portsmouth Boulevard in the City of Portsmouth; and Authorizing the City Manager to Enter Into an Amended Deed of Easement and Water Main Easement Maintenance Agreement on Behalf of the City. - (Ordinance No. 48981) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick PH-3 Public Hearing scheduled this day, pursuant to State Law, to hear comments on an Ordinance Authorizing the Conveyance to Hampton Roads Sanitation District of That Certain Parcel of Property Located at E S Luxembourg Avenue in Accordance with the Terms and Conditions of the Purchase & Sale Agreement and Authorizing the City Manager to Enter into the Purchase & Sale Agreement and a Deed of Transfer. An Ordinance Authorizing the Conveyance to Hampton Roads Sanitation District of That Certain Parcel of Property Located at E S Luxembourg Avenue in Accordance with the Terms and Conditions of the Purchase & Sale Agreement and Authorizing the City Manager to Enter into the Purchase & Sale Agreement and a Deed of Transfer. - (Ordinance No. 48982) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick 3 November 15, 2022 CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. IF DISCUSSION IS DESIRED ON ANY ITEM, IT WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. ACTION: Consent Agenda Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick C-1 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours and the Sale of Alcoholic Beverages, a Banquet Hall, Live Entertainment, and the Production of Craft Beverages Named “Mermaid Winery” on Property Located at 101 Granby Street. - (Ordinance No. 48983) C-2 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Craft Beverages Production Facility with Live Entertainment Named “Afterglow Brewery” on Property Located at 2330 Bowdens Ferry Road. - (Ordinance No. 48984) Joshua Evans, 4310 Colonial Avenue, was present to answer any questions relative to this matter. C-3 An Ordinance Granting a Conditional Use Permit Authorizing the Sale of Alcoholic Beverages for Off-Premises Consumption at an Establishment Named “Crystal Palate Wine & Gourmet” on Property Located at 4500 Pretty Lake Avenue, Suite 104. - (Ordinance No. 48985) C-4 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 930 Redgate Avenue. - (Ordinance No. 48986) Luciano Rizzo and Jon Rizzo, 913 W. 21st Street, were present to answer any questions relative to this matter. C-5 An Ordinance Granting 811 East 30th Street, LLC a License to Encroach into the Right- of-Way of East 30th Street Adjacent to 811 East 30th Street for the Purpose of Maintaining a Parking Lot; and Approving the Terms and Conditions of the Encroachment Agreement. - (Ordinance No. 48987) 4 November 15, 2022 REGULAR AGENDA R-1 A Resolution Supporting The 2023 Legislative Priorities for The City Of Norfolk. - (Resolution No. 1878) Vincent LaSalle, 1342 Reservoir Avenue, spoke in support of this matter and requested additional public safety support. Vincent Hodges, 622 Raleigh Avenue, spoke in support of this matter and requested additional public safety support. Barrett Hicks, 4853 Kennebeck Avenue, spoke in support of this matter. Monet Johnson, 3505 Argonne Avenue, spoke in opposition to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick R-2 An Ordinance Authorizing an Agreement with the Hampton Roads Workforce Council for the Norfolk Strong Program and an Agreement with the United Way of South Hampton Roads for the NFKThrive Program; and Authorizing Grants in the Amount of $1,500,000 each for the Implementation of the Programs. - (Ordinance No. 48988) Barrett Hicks, 4853 Kennebeck Avenue, requested additional information relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick 5 November 15, 2022 R-3 An Ordinance Amending the FY2023 Annual Appropriations Ordinance (No. 48,751) so as to Accept, Appropriate and Authorize the Expenditure of Grant Funds up to the Sum of $1,323,005 from The Virginia Department of Criminal Justice Services for the Norfolk Criminal Justice Services Agency. - (Ordinance No. 48989) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick R-4 An Ordinance Authorizing the Acquisition of a Certain Parcel of Property Located on the Shore of the Chesapeake Bay for the Sum of $160,000.00 and Authorizing the Expenditure of a Sum of Up to $160,000.00 from Funds Heretofore Appropriated for Acquisition of the Property. - (Ordinance No. 48990) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick R-5 An Ordinance Amending and Reordaining Section 1 of the FY2023 Annual Appropriation Ordinance (No. 48,751), as amended, to Reappropriate and Authorize for Expenditure the Amount of up to $40,000 from the Central and Outside Agency Appropriations to the Downtown Norfolk Council for the Purpose of Supporting the Grand Illumination Parade and the RNB Festival, and to Decrease the Amount of State Revenue Appropriated to Norfolk Public Schools by the Amount of $1,886,699 to Align with the Biennium Budget Adopted by the Virginia General Assembly. - (Ordinance No. 48991) Barrett Hicks, 4853 Kennebeck Avenue, spoke in opposition to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick 6 November 15, 2022 R-6 The Third Ordinance Amending and Reordaining the Fiscal Year 2023 Compensation Plan Ordinance to revise these Attachment incorporated by reference into the Ordinance, Attachment A (Constitutional Officers Pay Tables) and Attachment D (Alphabetical Classification Listing), so as to add Five New Class/Position Titles with Pay Grades and Minimum and Maximum Salaries to Attachment D and to correct Minimums and Maximums and other Numerical Entries previously approved by Council in Attachment A and D. - (Ordinance No. 48992) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick R-7 An Ordinance Amending and Reordaining the FY2023 Norfolk Public School's Grants and Special Revenues Appropriation Ordinance (No. 48,755) to Increase Grant Funds by $2,718,647 and Appropriating Grant Funds Totaling $70,208,048 to the School Board of the City of Norfolk for Grants, Other Special Programs, and the School Nutrition Services Program and Authorizing the Expenditure of the Funds in Fiscal Year 2023 for Norfolk Public Schools. - (Ordinance No. 48993) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick R-8 Letter of confirmation of Christopher W. Palermo-Re as an Assistant City Attorney, I, effective December 5, 2022, in Plan I, Grade 16 of the Law Plan of the City's Compensation Plan, to serve at the pleasure of the City Attorney. ACTION: Approved [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Riddick 7 November 15, 2022 NEW BUSINESS Christa Wilson, 4629 Crossborough Road, Virginia Beach, spoke in support of the Easy Works Boxing Program. Bobby Wilson, 4629 Crossborough Road, Virginia Beach, spoke in support of the Easy Works Boxing Program. Carl Poole, 1039 W. 49th Street, did not speak when called to the podium. Baquan Carney, 3235 Western Branch Boulevard, Chesapeake, spoke regarding support for the unhoused. Akoma Love, 3235 Western Branch Boulevard, Chesapeake, spoke regarding the MacArthur Memorial and equal representation. Garfield Harte, 703 Appalachian Court, Chesapeake, spoke in support of the Easy Works Boxing Program. Marvin Perry, no address given, spoke in support of the Easy Works Boxing Program. Wesley Lee, 2615 Ludlow Street, spoke in support of the Easy Works Boxing Program. Titanya Gaynor, 2304 Spruce Street, spoke regarding business opportunities and education in the black community. Vincent Hodges, 622 Raleigh Avenue, spoke regarding government operations. Monet Johnson, 3505 Argonne Avenue, spoke regarding public housing. Steve Baggerly, 2616 Bowdens Ferry Road, spoke regarding the Nuclear Disarmament Treaty. Garrett Booker, 8809 Granby Street, spoke regarding the Nuclear Disarmament Treaty. Barrett Hicks 4853 Kennebeck Avenue, spoke regarding community affairs. Mary Miller, 201 Granby Street, gave an update regarding the Downtown Norfolk Council. 8 November 15, 2022 Rhoda Young, 600 Church Street, spoke regarding her roll in journalism for the City of Norfolk. Creel Holloway, 128 Nautico Way, Portsmouth, spoke in support of the Easy Works Boxing Program. D'Alan Goodhope, 1278 Rosehill Court, spoke in support of the Easy Works Boxing Program. Mustafa Black-Castle, 3908 Krick Street, spoke in support of the Easy Works Boxing Program. Dorsett Barnwell, 880 N. Military Highway, spoke in support of the Easy Works Boxing Program and empowerment of the youth. Garfield Harte, 703 Appalachian Court, Chesapeake, spoke in support of the Easy Works Boxing Program. ADJOURNMENT 9

Agenda

CITY COUNCIL REVISED AGENDA Tuesday, November 15, 2022 4:00 CITY COUNCIL WORK SESSION I. AGENDA OVERVIEW Dr. Larry H. Filer II, City Manager II. NEWARK COMMUNITY STREET TEAM UPDATE Aqeela Sherrills, President, Board Chair Newark Community Street Team III. HOLIDAYS IN THE CITY LaVoris Pace, Deputy City Manager • Mary Miller (DNC) • Stephen Kirkland (Nauticus) • Ted Baroody (Festevents) • Tom Quaintance (Virginia Stage Company) • Hugh Copeland (Hurrah Players) • Michael Desplaines (Norfolk Botanical Garden) • Erik Neil (Chrysler Museum) • Rob Cross (Virginia Arts Festival) • Peggy Dye (Virginia Opera) • Monica Meyer (Virginia Symphony Orchestra) • Greg Bockheim (Virginia Zoo) IV. CLOSED SESSION: • LEGAL MATTER • CONTRACT MATTER • CONTRACT MATTER V. CITY PLANNING UPDATE George M. Homewood, Director of Planning Supporting Documents: • Announcement of Meeting • 11-15-2022 Minutes from City Council Retreat of October 7th • 11-15-2022 Pending Land Use Report • 11-15-2022 Minutes from City Council Meeting of October 25th November 15, 2022 NORFOLK, VIRGINIA DOCKET FOR THE COUNCIL TUESDAY, NOVEMBER 15, 2022 – 7:00 P.M. MOMENT OF SILENCE Followed by the Pledge of Allegiance. APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. CLOSED SESSION RESOLUTION A Resolution certifying a closed meeting of the council of the City of Norfolk in accordance with the provisions of the Virginia Freedom of Information Act. PUBLIC HEARINGS PH-1 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments on an Ordinance to Amend and Reordain Sections 1, 2 and 4 of the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2022 and ending June 30, 2023 SO AS TO Increase the Amount for School Major Maintenance Projects by $7,090,000 Increase the Cash Expenditure by $7,996,997 and Decrease the Amount to be Funded Through the Issuance of Bonds by $906,997. An Ordinance to Amend and Reordain Sections 1, 2 and 4 of the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2022 and ending June 30, 2023 SO AS TO Increase the Amount for School Major Maintenance Projects by $7,090,000 Increase the Cash Expenditure by $7,996,997 and Decrease the Amount to be Funded Through the Issuance of Bonds by $906,997. 1 November 15, 2022 PH-2 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments on an Ordinance Accepting an Amended Easement from Coastal Virginia Properties, LLC for Property Located at 5809 Portsmouth Boulevard in the City of Portsmouth; and Authorizing the City Manager to Enter into an Amended Deed of Easement and Water Main Easement Maintenance Agreement on Behalf of the City. An Ordinance Accepting an Amended Easement from Coastal Virginia Properties, LLC for Property Located at 5809 Portsmouth Boulevard in the City of Portsmouth; and Authorizing the City Manager to Enter into an Amended Deed of Easement and Water Main Easement Maintenance Agreement on Behalf of the City. PH-3 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments on an Ordinance Authorizing the Conveyance to Hampton Roads Sanitation District of That Certain Parcel of Property Located at E S Luxembourg Avenue in Accordance with the Terms and Conditions of the Purchase & Sale Agreement and Authorizing the City Manager to Enter into the Purchase & Sale Agreement and a Deed of Transfer. An Ordinance Authorizing the Conveyance to Hampton Roads Sanitation District of That Certain Parcel of Property Located at E S Luxembourg Avenue in Accordance with the Terms and Conditions of the Purchase & Sale Agreement and Authorizing the City Manager to Enter into the Purchase & Sale Agreement and a Deed of Transfer. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. IF DISCUSSION IS DESIRED ON ANY ITEM, IT WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours and the Sale of Alcoholic Beverages, a Banquet Hall, Live Entertainment, and the Production of Craft Beverages Named “Mermaid Winery” on Property Located at 101 Granby Street. 2 November 15, 2022 C-2 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Craft Beverages Production Facility with Live Entertainment Named “Afterglow Brewery” on Property Located at 2330 Bowdens Ferry Road. C-3 An Ordinance Granting a Conditional Use Permit Authorizing the Sale of Alcoholic Beverages for Off-Premises Consumption at an Establishment Named “Crystal Palate Wine & Gourmet” on Property Located at 4500 Pretty Lake Avenue, Suite 104. C-4 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 930 Redgate Avenue. C-5 An Ordinance Granting 811 East 30th Street, LLC a License to Encroach into the Right-of-Way of East 30th Street Adjacent to 811 East 30th Street for the Purpose of Maintaining a Parking Lot; and Approving the Terms and Conditions of the Encroachment Agreement. REGULAR AGENDA R-1 A Resolution Supporting The 2023 Legislative Priorities for The City of Norfolk. R-2 An Ordinance Authorizing an Agreement with the Hampton Roads Workforce Council for the Norfolk Strong Program and an Agreement with the United Way of South Hampton Roads for the NFKThrive Program; and Authorizing Grants in the Amount of $1,500,000 each for the Implementation of the Programs. R-3 An Ordinance Amending the FY2023 Annual Appropriations Ordinance (No. 48,751) SO AS TO Accept, Appropriate and Authorize the Expenditure of Grant Funds up to the Sum of $1,323,005 from The Virginia Department of Criminal Justice Services for the Norfolk Criminal Justice Services Agency. R-4 An Ordinance Authorizing the Acquisition of a Certain Parcel of Property Located on the Shore of the Chesapeake Bay for the Sum of $160,000.00 and Authorizing the Expenditure of a Sum of Up to $160,000.00 from Funds Heretofore Appropriated for Acquisition of the Property. 3 November 15, 2022 R-5 An Ordinance Amending and Reordaining Section 1 of the FY2023 Annual Appropriation Ordinance (No. 48,751), as amended, to Reappropriate and Authorize for Expenditure the Amount of up to $40,000 from the Central and Outside Agency Appropriations to the Downtown Norfolk Council for the Purpose of Supporting the Grand Illumination Parade and the RNB Festival, and to Decrease the Amount of State Revenue Appropriated to Norfolk Public Schools by the Amount of $1,886,699 to Align with the Biennium Budget Adopted by the Virginia General Assembly. R-6 The Third Ordinance Amending and Reordaining the Fiscal Year 2023 Compensation Plan Ordinance to revise these Attachment incorporated by reference into the Ordinance, Attachment A (Constitutional Officers Pay Tables) and Attachment D (Alphabetical Classification Listing), SO AS TO add Five New Class/Position Titles with Pay Grades and Minimum and Maximum Salaries to Attachment D and to correct Minimums and Maximums and other Numerical Entries previously approved by Council in Attachment A and D. R-7 An Ordinance Amending and Reordaining the FY2023 Norfolk Public School's Grants and Special Revenues Appropriation Ordinance (No. 48,755) to Increase Grant Funds by $2,718,647 and Appropriating Grant Funds Totaling $70,208,048 to the School Board of the City of Norfolk for Grants, Other Special Programs, and the School Nutrition Services Program and Authorizing the Expenditure of the Funds in Fiscal Year 2023 for Norfolk Public Schools. R-8 Letter of confirmation of Christopher W. Palermo-Rae as an Assistant City Attorney, I, effective December 5, 2022, in Plan I, Grade 16 of the Law Plan of the City's Compensation Plan, to serve at the pleasure of the City Attorney. ADJOURNMENT 4

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