City Council Agendas

November 28, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, NOVEMBER 28, 2023 – 6:00 P.M. A CITIZEN WHO WISHES TO ADDRESS COUNCIL CONCERNING A DOCKET ITEM OR NEW BUSINESS MUST REGISTER TO SPEAK WITH THE CITY CLERK BY 3:00 PM THE DAY OF THE MEETING BY CALLING (757) 664-4253 OR EMAILING CCOUNCIL@NORFOLK.GOV. MOMENT OF SILENCE Followed by the Pledge of Allegiance. Attendee Name Title Status Courtney R. Doyle Councilmember - Ward 2 Present Mamie B. Johnson Councilmember - Ward 3 Present Andria P. McClellan Councilmember - Superward 6 Present John E. Paige Councilmember - Ward 4 Present Danica J. Royster Councilmember - Superward 7 Present Thomas R. Smigiel Jr. Councilmember - Ward 5 Present Martin A. Thomas Jr. Vice Mayor - Ward 1 Present Kenneth Cooper Alexander Mayor Present APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 1  November 28, 2023 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, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to James Griffin of that Certain Parcel of Property Located at 2432 Carona Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to James Griffin of that Certain Parcel of Property Located at 2432 Carona Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49401) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐2 Public Hearing scheduled this day, pursuant to State Law, to hear comments Approving a Lease Agreement with the Olde Huntersville Empowerment Coalition for the Lease of Office Space Within the Huntersville Multipurpose Center, Located at 830 Goff Street. An Ordinance Approving a Lease Agreement with the Olde Huntersville Empowerment Coalition for the Lease of Office Space Within the Huntersville Multipurpose Center, Located at 830 Goff Street. - (Ordinance No. 49402) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2  November 28, 2023 PH‐3 Public Hearing scheduled this day, pursuant to State Law, to hear comments to Amend and Reordain Section 1 of the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2023 and Ending June 30, 2024 SO AS TO Establish Funding in the Amount of up to $33,536,700 to increase funding for Construct Maury High School and Renovate Booker T. Washington High School projects. An Ordinance to Amend and Reordain the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2023 and Ending June 30, 2024 so as to Add Funding from the Commonwealth Department of Education, if and When Received, in Amounts up to $30,000,000 for the Construct Maury High School Project and $3,536,700 for the Renovate Booker T. Washington High School Project - (Ordinance No. 49403) Monet Johnson, 3505 Argonne Avenue, had questions regarding funding. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 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 Facility for Production of Craft Beverages and Live Entertainment at an Establishment Named “Elation Brewing” on Property Located at 5104 Colley Avenue. - (Ordinance No. 49404) Kenneth VanHook, the applicant, spoke in support of this matter. Adam Bellin, 1353 Buckingham Avenue, Civic League Representatives, spoke in support of this matter with an amendment to the operating hours. Lahoma Emmerson, 810 51st Street, spoke in support of this matter as submitted. ACTION: Adopted as Amended [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3  November 28, 2023 C‐2 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 2450 East Ocean View Avenue. Timothy Manion, the applicant, 1700 Benefit Road, Chesapeake, was present to answer any questions relative to this matter. ACTION: Continued [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐3 An Ordinance Accepting the Dedication of a Utility Easement by Little Creek Holdings, LLC and Approving the Terms of the Deed of Easement - (Ordinance No. 49405) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐4 An Ordinance directing the City Treasurer to issue a refund to TQI Solutions, Inc. upon the overpayment of its Business Tangible Property Tax for the Tax Years 2023. - (Ordinance No. 49406) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐5 An Ordinance Approving a Right of Entry Agreement Permitting Verizon Verizon to Go Upon and Use Certain City-Owned Property Located at 140 Park Avenue for the Construction, Installation, Maintenance, Repair, Replacement, Operation and/or Removal of a Communication Duct Bank. - (Ordinance No. 49407) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  November 28, 2023 REGULAR AGENDA R‐1 A Resolution Supporting The 2024 Legislative Priorities For The City Of Norfolk - (Resolution No. 1906) Monet Johnson, 3505 Argonne Avenue, had questions relative to this matter. Carl Poole, 1049 W. 29th Street, spoke in support of this matter. Tiara Lassiter, 3055 Sewells Point Road, spoke in support of this matter and requested additional support for inclusionary housing. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐2 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Donated Funds Up To The Sum Of $25,000 From Marathon Development Group, And Authorizing The Expenditure Of A Local Cash Match In The Amount Of $25,000 Previously Appropriated In The FY2024 Capital Improvement Plan For The Commissioning Of Public Art To Be Installed At 225 West Olney Road. - (Ordinance No. 49408) Monet Johnson, 3505 Argonne Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐3 An Ordinance Amending The FY 2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept Funds Received From Annual User Fees Paid By Various Telecommunication And Wireless Companies For The Use Of The City's Rights-Of-Way In The Amount Of Up To $450,000, If And When Received, And Establishing A Special Revenue Account For Placement Of The Funds Received, And Appropriating And Authorizing The Expenditure Of The Funds For The Sole Use Of Offsetting The City's Costs Associated With Managing Its Rights-Of-Way - (Ordinance No. 49409) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5  November 28, 2023 R‐4 An Ordinance Authorizing a Grant Agreement with the U. S. Department of Transportation ("USDOT") for a Project Under the Safe Streets and Roads for all Grant Program; and Authorizing the Expenditure of Funds Heretofore Appropriated, in an Amount up to $240,000 of Grant Funds and $60,000 in Local Matching Funds - (Ordinance No. 49410) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐5 An Ordinance Amending The FY 2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $658,100 From The Virginia Department Of Transportation ("VDOT") Highway Safety Improvement Program Funding, If And When Received, And Establishing The Project With VDOT To improve Pedestrian Safety To Tidewater Drive At Easy Street; And Authorizing The Agreement With VDOT For The Administration Of The Project By The City. - (Ordinance No. 49411) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐6 An Ordinance Authorizing a Project Administration Agreement with the Virginia Department of Transportation ("VDOT") for Two Segments of Hampton Boulevard Extending from Little Creek Road to Ellyson Avenue Under the State of Good Repair Primary Extension Pavement Program; and Authorizing the Expenditure of Amounts up to $1,499,995.00 of Grant Funds and $20,000 of Local Funds from the Capital Improvement Projects Budget for the Projects. - (Ordinance No. 49412) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 6  November 28, 2023 R‐7 An Ordinance Amending The FY 2024 Annual Appropriations Ordinance (No. 49,220) So AS To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $1,067,388 From The Virginia Department Of Transportation ("VDOT") SMART SCALE Program Funding, If And When Received, And Establishing The Project With VDOT to Improve Pedestrian Safety At Ballentine Boulevard; And Authorizing The Agreement With VDOT For The Administration Of The Project By The City. - (Ordinance No. 49413) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐8 The Second Ordinance Amending and Reordaining the Fiscal Year 2024 Compensation Plan Ordinance to revise its Constitutional Pay Plan by adding a Supplement Program, its Appendix 2 by removing Training Supplement Pay for various departments and adding new Classification Specification Titles to the Human Services and Fire-Rescue Supplements, and its Alphabetical Classification Listing by modifying certain titles and increasing certain pay ranges. - (Ordinance No. 49414) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐9 An Ordinance Declining to Authorize Collective Bargaining and Amending and Reordaining Sections 2.1-39 through 2.1-45 of Division 2 of Chapter 2 and adding one new Section numbered 2.1-39.1 of the Norfolk City Code, 1979, so as to Enhance Communication among the City Council, City Manager, and Employees of the City with Regard to the Terms and Conditions of their Employment. - (Ordinance No. 49415) The following spoke in opposition to this matter in that it should include all City Departments: Roy L. Perry-Bey, P.O. Box 1772 Nick Jones, 9536 14th Bay Street Carl Poole, 1049 W. 49th Street Dante Strobina, 166 Willow Grove Court Alvin Long, 1738 Lasalle Avenue 7  November 28, 2023 Steph Sterner, 913 Shaman Crescent, Virginia Beach Chris Hollis, 116 Willow Grove Court Troya Wright, 116 Willow Grove Court Lawrence Brown, 925 Waltham Street ACTION: Adopted [5 to 3] AYES: Doyle, Johnson, Royster, Thomas Jr., Alexander NAYS: McClellan, Paige, Smigiel Jr. NEW BUSINESS Tiara Lassiter, 3055 Sewells Point Road, spoke regarding grocery stores in the St. Paul’s Area. Monet Johnson, 3505 Argonne Avenue, spoke regarding collective bargaining. Tyler Elbred, 3226 E. Ocean View Avenue, spoke regarding protecting abortion access. Roy L. Perry-Bey, P.O. Box 1772, spoke regarding public safety at railroad crossings and collective bargaining. Sara Blachman, 604 Westover Avenue, spoke regarding protecting abortion access. Stephen Devery, 744 W. 28th Street, spoke regarding lack of progress in shooting investigation. Erin Dougherty, 2114 Cromwell Drive, spoke regarding protecting abortion access. Ammie Pascua, 429 Gladstone Road, spoke regarding protecting abortion access. Violet Kito, 1807 Arlington Avenue, spoke regarding affordable housing. Calvin Williams, 1030 W. 24th Street, spoke regarding My2K foundation’s pilot program, Safe Passage. Kim Strickland, 701 Easy Street, spoke regarding feral cats and the importance of trapping and neutering strays. Kim Eaton, 3208 Kimball Terrace, spoke regarding affordable housing. Bea Garvin-Thompson, 964 Washington Avenue, spoke regarding status updates on improvements and initiatives in Olde Huntersville. ADJOURNMENT 8