City Council Agendas

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, NOVEMBER 12, 2024 Mayor Kenneth Cooper Alexander, called the meeting to order at 3:30 p.m., with the following members present: Mrs. Courtney R. Doyle, Mrs. Mamie B. Johnson, Mrs. Andria P. McClellan, Mr. John E. Paige, Ms. Danica J. Royster, Mr. Thomas R. Smigiel Jr., and Vice Mayor Martin A. Thomas Jr. AGENDA Recycling Update Presenter: Mr. Richard Broad, Director of Public Works Mr. Broad reported as follows: 2024 Recycling Survey Summary  86% of respondents stated that an increase in fees would be appropriate to continue the curbside recycling program.  97% of respondents stated that they use the blue recycling container.  68% responded that they would not be interested in using a drop-off recycling center for household recycling.  91% of respondents stated that they always recycle. (2024 Resident Survey graph presented) Tidewater Fibre Corporation (TFC) Contract  The contract with TFC for curbside recycling expired on July 31, 2024.  Purchasing issued an Invitation For Bids (IFB) for collection and processing recyclables in June 2024.  TFC was the sole bidder for the new contract.  TFC worked under a contract extension with Waste Management through October 31, 2024, at the new rate.  The new contract went into effect on November 1, 2024. Contractual Increases  New contract will increase the recycling cost by $2.4 million  Total recycling cost = $5.6 million per year.  Based on 60,900 accounts and 9,800 tons of recycling material collected annually. Refuse Fee Breakdown  Debt Service & Chargeouts: $1.18  Equipment Replacement & Maintenance: $5.34  Personnel: $9.97 -1-  Beach Collections: $0.18  Recycling: $4.18  Household Hazardous Waste: $0.14  e-Waste: $0.03  Yard Waste: $0.40  Refuse (Municipal Solid Waste) including Bulk: $7.09 TOTAL PER MONTH: $28.51 Proposed Refuse Fee Increase  To support the increased costs of curbside recycling, the monthly fee would need to increase by $3.50.  Monthly fee:  Norfolk (current): $28.51 per month  FY 2025 proposed: $32.01 per month  Other Localities:  Portsmouth: $33.36 per month  Virginia Beach: $30.55 per month (increased by $3.05/month on July 1, 2024, to support recycling costs)  Suffolk: $25.25 per month  Chesapeake: No monthly fee (General Fund supported) Next Steps  Proposing a FY 2025 budget amendment.  Proposing to initiate the adjusted fee January 1, 2025  This would generate $1,164,000 in revenue through June 2025. Alternative Recommendation  City Council may direct the City Manager to develop a budget recommendation to cover the additional cost through June 30, 2025.  City Manager will request City Council action in January 2025. Mayor Alexander stated the city should cover this increase through the end of the fiscal year and we need to start communicating to citizens when they will begin paying the increase. Councilwoman McClellan noted the survey shows citizens are overwhelmingly in support of recycling. She stated that TFC previously committed to participate in an education campaign about what items are recyclable and that has not happened because citizens continue to put non-recyclables in their containers. Councilwoman McClellan suggested increasing recycling efforts in all city buildings. Councilwoman McClellan reiterated an earlier request for Council to consider passing an ordinance to impose a fee for using non-recyclable plastic bags. -2-  Mayor Alexander echoed Councilwoman McClellan that an educational campaign is needed. He asked if there is a breakdown on recyclable items. Mr. Broad stated that cardboard, water bottles, aluminum, tin, and certain plastics are more desirable. Councilwoman Doyle stated that blue containers routinely are not picked up on their designated day. She stressed that the level of service needs to meet the increased fee. Mayor Alexander stated that any service level agreement will have performance benchmarks as well as penalties and asked what the recourse is if standards are not met. Mr. Roberts stated we would bring it through the purchasing division to the contractor to have it remedied. He added that the expectation is they will not only abide by the contract but provide the level of service that we are paying for. Mr. Broad added that part of the reason they are increasing fees is to replace the natural gas trucks that continually break down and need repairs. Councilman Smigiel echoed others that citizens need to be educated on recyclable items. He added that along with this increase TFC’s customer service should increase, too. Councilman Paige asked as Council makes these decisions to be mindful that increases affect our citizens and their ability to pay for them. Councilwoman Johnson echoed others that the educational piece is important and suggested including a flyer inside the HRUBS bill explaining what can be recycled and when the increase will take effect. Proposed 2025 Legislative Agenda Presenter: Ms. Jessica Dennis, Intergovernmental Relations Officer Ms. Dennis reported as follows: Norfolk’s Priorities  Budget Request and Charter Changes  Strong and Safe Communities  Strengthening Our Economy  Coastal and Environmental Resilience  Education  Transit and Transportation Budget Request  Norfolk Coastal Storm Risk Management Project  Seeking state support to help meet half of non-federal match obligation through FY 2026  Aligning request with anticipated project expenditures -3-  City Legislation  Charter Change  Amend sections 62, 63, 64, and 114 to exempt position of Deputy Chief of Fire Rescue from the classified service  Charter Change  Amend section 18 to align local elections with Gubernatorial election years Strong and Safe Communities  Increased funding for State aid to Localities with Police Departments “HB599 Funds”  Funding for community violence intervention programs and victim advocacy for victims of gun violence  Expand local authority for speed enforcement cameras  Preserve existing local authority to implement public safety technology  Funding to support starting pay for Sheriff Deputies through the Compensation Board  Public policy that provides proper training and support for police officers Strengthening Our Economy  Shovel-ready sites and funding for Brownfields assessment and remediation  Increased funding for programs to support Port host communities  Job opportunities for veterans and military spouses  Support for regional economic development initiatives to grow the workforce Coastal and Environmental Resilience  Matching funds to meet the non-federal obligation for construction of the U.S. Army Corps (USACE) Coastal Storm Risk Management (CSRM) flood protection project in Norfolk  Dedicated funding for flood prevention projects and matching funds for resilience projects  Storm Water Local Assistance Fund (SLAF)  Support initiatives to enhance resilience Education  State supporting the true cost of education  K-12 school construction and modernization  Maintain the At-Risk Add-on  Resources for student mental health Transit and Transportation  State funding for public transit, regional and local transportation projects  Increase for Virginia Port Authority Road Impact Fees  State funding source for use as local match  Policies to enhance roadway safety for pedestrians and cyclists -4-  Engaging Partner Organizations Hampton Roads Planning District Commission, Hampton Roads Transportation Planning Organization, Virginia First Cities, Norfolk Public Schools, Hampton Roads Military and Federal Facilities Alliance, Hampton Roads Transit, Hampton Roads Transportation Accountability Commission (HRTAC), Virginia Municipal League (VML) 2025 General Assembly Landscape  Short session  Surplus funds to allocate in amended budget  Special elections to fill vacancies  Looking ahead to 2025 elections Next Steps  Participate in and review partner organizations’ legislative priorities  December 2, 2024 – Legislative Dinner  December 10, 2024 – Council Endorsement of Legislative Agenda  December 18, 2024 – Governor’s Budget Presentation  January 8, 2025 – General Assembly Session Begins Regarding Senator Spruill’s Bill to move May elections to November, Mayor Alexander noted there was very little input from the Virginia Municipal League, Virginia First Cities, and the localities. He stated that the General Assembly will look at that to see if elections should be held in a presidential year versus a gubernatorial year. Ms. Dennis stated that some localities feel that local elections would be better aligned with a gubernatorial year and have sought a charter change in the past. Councilman Paige thanked the Board of Elections for all their hard work with the recent election. Councilwoman McClellan asked for a clarification on when an incumbent Council member has to resign if running for another seat on Council. Mr. Pishko stated it is when the new member is sworn in. City Planning Update Presenter: Mr. Bobby Tajan, Director of Planning Mr. Tajan reported as follows: Carolyn Simpkins Rezoning Location  1650-1654 Church Street Existing Conditions  Commercial building and parking lot Request -5-  Rezone the property from MF-NS (Multi-Family-Neighborhood Scale) to C-C (Community Commercial) to allow the continuation of commercial uses (Location map presented)  Constructed in 1941  1987 site rezoned from Commercial to Multi-family in accordance with North Huntersville Study  Used as a non-conforming beauty salon, offices and a church  Site has been continuously used for vested commercial uses  Applicant requests to rezone back to Community Commercial (C-C)  Supported by the Olde Huntersville Civic League Hours of Operation  10:00 a.m. until 10:00 p.m. Monday – Thursday  10:00 a.m. until 12:00 midnight Friday  8:00 a.m. until 12:00 midnight Saturday  8:00 a.m. until 10:00 p.m. Sunday Planning Commission Recommendation City Planning Commission, by a vote of 7-0, recommends approval.  Existing building with parking utilized for non-residential uses since 1987  Located along a commercial corridor  Allows for a range of additional commercial uses CM Chicken Conditional Use Permit Location  436 Granby Street Existing Conditions  Restaurant Request  Allow an existing restaurant to add live entertainment (Karaoke and DJ) (Floor plan and photograph were presented) Hours of Operation, Sales of Alcoholic beverage, On-premises Remain same: 11:00 a.m. until 11:00 p.m., seven days a week Hours of Entertainment Proposed: 11:00 a.m. until 11:00 p.m., seven days a week Capacity Remain same: 98 seats indoors, 16 seats outdoors, 138 total capacity Entertainment Options Proposed: DJ, Karaoke Planning Commission Recommendation City Planning Commission, by a vote of 7-0, recommends approval.  Closes at 11:00 p.m.  No increase in occupant load -6-  No floor plan showing the removal of tables and seats  Support from Downtown Norfolk Civic League (DNCL) CLOSED SESSION Motion for closed session was approved at 4:24 p.m. for purposes which are set out in Clause 1 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (1) Discussion of a personnel matter. Yes: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas and Alexander. No: None. -7-  November 12, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, NOVEMBER 12, 2024 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 12, 2024 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 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, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-1 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9523 17th Bay Street. - (Ordinance No. 49783) Andria Kobylinski, applicant, 8355 Abbey Road, Richmond, was presint to answer questions. C-2 An Ordinance Granting Conditional Use Permits to Authorize the Sale of Alcoholic Beverages for Both On-Premises and Off-Premises Consumption at a Restaurant Avenue, Unit 110. - (Ordinance No. 49784) C-3 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 1157 Little Bay Avenue. - (Ordinance No. 49785) C-4 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 1319 West East Ocean View Avenue. - (Ordinance No. 49786) 2  November 12, 2024 C-5 An Ordinance Granting a Conditional a Use Permit to Authorize the Sale of Alcoholic Beverages for On- Property Located at 2700 to 2716 Hampton Boulevard. - (Ordinance No. 49787) C-6 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9622 20th Bay Street. - (Ordinance No. 49788) Nicole Pace, 1600 Granby Street, Apt. 207, was present to answer questions. C-7 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 479 West Ocean View Avenue. - (Ordinance No. 49789) Puja Sardana, applicant, 479 W. Ocean View Avenue, was present to answer questions. C-8 An Ordinance Granting a Conditional a Use Permit to Authorize the Sale of Alcoholic Beverages for On- Property Located at 4027 Bowdens Ferry Road. - (Ordinance No. 49790) C-9 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 209 West 28th Street. - (Ordinance No. 49791) Nicole Pace, 1600 Granby Street, Apt. 207, was present to answer questions. C-10 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 4040 East Ocean View Avenue. - (Ordinance No. 49792) C.K. Wei, applicant, 4040 E. Ocean View Avenue, was present to answer questions. C-11 A Resolution Approving the Operation of a Medical Transport Service in the City of Norfolk by Hospital to Home, LLC, Doing Business as H2H. - (Resolution No. 1926) C-12 A Resolution Granting an Extension to the Deadline Set Forth in the Conditional Use Permit Authorizing the Operation of a Solar Energy Collection Facility (Large Scale) on Property Located at 2400 Berkley Avenue Extended. - (Resolution No. 1927) 3  November 12, 2024 REGULAR AGENDA R-1 An Ordinance Approving a Grant Agreement by and Between the United States Department of Agriculture Forest Service, Under its Inflation Reduction Act Urban and Community Forestry Expansion Program, as Grantor, and the City of Norfolk, as Grantee, for the Acceptance of Grant Funds in the Amount of $4,000,000.00 in Support of the St. Paul's Blue Greenway Project, Authorizing the City Manager to Execute the Grant Agreement, and Authorizing the Expenditure of Grant Funds Previously Appropriated in the Amount of $4,000,000.00. - (Ordinance No. 49793) Alton Robinson, 5116 E. Princess Anne Road, spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-2 A Resolution appointing and reappointing 3 members to 2 authorities, for certain terms. - (Resolution No. 1928) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS Greta Sanchez, 8541 Millard Street, spoke regarding unisex locker rooms at the police department. Alton Robinson, 5116 E. Princess Anne Road, thanked Councilwoman McClellan and Councilwoman Royster for their service to the citizens on Norfolk. The following spoke regarding cease fire in Gaza: • Angela Stevens, 1701 Parkview Avenue • Renae Delucia, 312 E. Main Street, #1707 • Amanda Miluer, 115 E. 41st Street Woodrow W. Moore Jr., 2787 Tait Terrance, asked to grant him permission to park his dump truck on the side of his house. ADJOURNMENT 4