City Council

MINUTES OF THE JANUARY 24 2 2023 CITY COUNCIL REGULAR MEETING A REGULAR meeting of the Hopewell City Council was held on Tuesday January 24, 2023 at 6:30 p.m. PRESENT: John B. Partin, Mayor Jasmine Gore, Vice Mayor Rita Joyner, Councilor Michael Han-is, Councilor Janice Denton, Councilor Brenda Pelham, Councilor (Not Present) Dominic Holloway, Councilor (Not Present) Councilor Joyner moves to go into closed session, Vice Mayor Gore seconds the motion. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Yes Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Absent Motion Passes 5-0 Councilor Holloway makes a motion to come out of closed session, motion is seconded by Councilor Denton ROLL CALL: Councilor Joyner Yes Councilor Harris Excused  Mayor Partin Yes Vice Mayor Gore Yes Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes Motion Passes 5-0 CERTIFICATION: Immediately thereafter, council responded to the question pursuant to Virginia Code §2.2-3712 (D): Were only public business matters (1) lawfully exempted from open-meeting requirements and (2) identified in the closed-meeting motion discussed in closed meeting? ROLL CALL: Councilor Joyner Yes Councilor Harris Excused Mayor Partin Yes Vice Mayor Gore Yes Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes Motion Passes 5-0 Councilor Denton makes a motion to appoint Councilor Joyner and Councilor Harris to the Finance Committee, motion is seconded by Vice Mayor Gore. ROLL CALL: Councilor Joyner Yes Councilor Harris Excused Mayor Partin Yes Vice Mayor Gore Yes  Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes Motion Passes 5-0 Councilor Denton makes a motion to approve the contract between the city of Hopewell and the Virginia American Water Corporation, Mayor Partin seconds the motion. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore No Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 5-1 WORK SESSION WSl - Rental Inspection Program - Darlene Loving - Ms. Loving begins her presentation discussing the reason for her presentation. She states it is to help maintain safe decent living conditions for tenants and residents. It will help maintain the real estate and the value of the city. She gives history of where the rental district is and what area they cover. She goes into detail with a map she provided that was designated by city council. She states the amendments she would like to have approved is to have registration of rental units in the area to be turned into code enforcement, and have code enforcement be responsible for overall care of the buildings. She wants the inspector to have 30 to 60 days to get started with implementation and get inspections set up. She goes into further detail about the inspections and how they will operate. She requests a rental inspection fee of $100, and another $100 for second  inspection and errors are not fixed. If after re-inspection major violations have not been fixed a summons will be issued with a penalty of $500 up to $2500.00. Failure to schedule a required inspection would cost $100 plus the initial inspection fee. The certification will be good for 4 years. That certification will remain unless the property is sold or the tenant moves out. She gives more detail on rental property programs. Vice Mayor Gore stated she was under the impression this program was supposed to be city wide, and wants to know when was it switched to the current zone program in place. Mayor Partin asks about the initial inspection stating there should not be an initial inspection, but if there are violations then there should be a fine. Further discussion takes place between council and Ms. Loving. WS-2 - Loitering Ordinance - Danielle Smith - Ms. Smith goes through her presentation starting with definitions of loitering and where it cannot occur. She goes over the VA code section and what counties authority have to create ordinances on loitering. Vice Mayor Gore asked the questions referencing the public spaces stating council requests mixed used building downtown, so could it be construed if there are chairs out there could it be blocking a public area. City Attorney Ms. Smith answers no it could not be. Mayor Partin calls regular meeting to order. Roll Call takes place. PRESENT: John B. Partin, Mayor Jasmine Gore, Vice Mayor Rita Joyner, Councilor Michael Harris, Councilor Janice Denton, Councilor Brenda Pelham, Councilor (Not Present) Dominic Holloway, Councilor Prayer is led by Reverend Tucker followed by the pledge of allegiance led by Councilor Holloway. Councilor Denton makes a motion to amend the regular agenda and R4 to vote to pass the loitering ordinance and move communications from citizens to be right after information/presentations, motion is seconded by Mayor Partin. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Yes Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 6-0 Councilor Denton makes a motion to approve the consent agenda, motion is seconded by Mayor Partin. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore No Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 5-1 INFORMATION/PRESENTATIONS Planning Commission - Dr. Paul Reynolds - Mr. Reynolds begins is presentation and discuss the current status of the planning commission. He speaks about the state law and what the requirement is for this board. He goes into detail what the board has completed within the past year. He discusses accessory dwelling units and the pressure on localities to provide more housing. He states affordable housing is a bigger issue that needs to be addressed within the city of Hopewell. He speaks briefly on recommendations for the capital improvement program. He speaks briefly on the comprehensive plan with council based on the presentation he previously provided them. He states state law allows council to vote tonight to stop through traffic on Randolph road. He states he was sent by state code to make that request to council. He offers two alternative routes. The second he recommends is capital improvement program include a preliminary engineering study to install at least two pedestrian priority crosswalks. He finally recommends they install level 2 chargers for electric vehicles in the downtown area. Councilors engage in question and answers with Mr. Reynolds. Councilor Denton makes a motion to extend the meeting until R4 is complete, Vice Mayor Gore seconds the motion. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Yes Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 6-0 Councilor Denton makes a motion to waive the city council rules to allow citizens to speak on items on the agenda, Councilor Holloway seconds the motion. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Yes Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 6-0  COMMUNICATIONS FROM CITIZENS 1. Phillip Hughes - He began speaking about the issue with watering downtown. He thanked council for considering the issue. He also addressed what Mr. Reynold said about the tmcks on route 10. He gave his opinion on what he thinks in reference to that. He then speaks about the $100 fee for rentals as a property owner. He thinks the perspective is how much they actually make and he goes into detail of average prices in the city of Hopewell. 2. Jacquelyn Sullivan - She came to discuss the personal property tax with Council. She speaks on when she was renting years ago and how much it has doubled since then. She sent an email to council with a breakdown of taxes over the years. She goes into detail the income and the taxes that are charged to a homeowner. She speaks it is not about the rate that was not decreased but it is about the value of the homes in the city. She asked city council what will they do with the 2 million dollars in personal property tax revenue. She then asked about the bike lanes being put throughout the city of Hopewell, is it funding from grants for taxes. Mayor Partin answers it is a mixture of both. She requests for council to use 12-month payment plans as a solution for paying taxes. 3. Drew Dayberry- He speaks about the project at the marine store and how much a fan he is of that project. 4. Betty Thor - She speaks about personal property taxes as a senior citizen who is on fixed income. She states her rates have gone crazy. She states she is having a hard time paying these taxes and why as a senior citizen is there no discount for those on fixed income. Mayor Partin stated they have no explored that option, but as a council they can look into it. 5. Deborah (last name unknown) She wants to speak about the inspection fees and asked about programs people can apply to help fix up their homes. She states a homeowner landlord is different business than a food truck for many reasons. She goes into detail the money she spends for the homes she rents out to tenants. 6. Stacey English - She makes a comment about economic development. She gave a detail of herself and a little history of her employment. She states the city has neglected economic development for long enough. She reads in detail what the city needs to do in reference to valuable investments. 7. Heather Lyne - She speaks in reference to loitering issue that a lot of  business owners are struggling with and thanks council. She supports what Ms. English says in reference to improving economic development. 8. Brian Cooks - Speaks he is against the rental program and he does not believe they need it. The city has code people and tenants can put money in court system if there are landlord issues. 9. Montello Chambers -He speaks from operations building in Petersburg. He resides in Hopewell and has been dealing with houses with a lot of crime on his street. 3 people who died in the last 6 months of him moving in the city. He would like for the task force to be funded for the program. 1O.Randy Horner - He states he owns properties in the city of Hopewell and stated he does not feel they need the inspection program, and section 8 already does the inspections. 11.Rebecca Frazier -She feels that the inspection program is unfair, unjust and will always be what the inspector says and never in the landlord's favor. She believes it will make people want to move out of the city. 12. Citizen speaks but does not give his name - He speaks in reference to the inspection fees and asked if the program is passed will they receive a list of what they can do so violations are not repeated. He was directed to speak with Mr. Ward at another date. 13.Mr. Curtis - He speaks about the property he owns in Hopewell asking about the list of what needs to be met on rental property, and if there is a complaint by the tenant there should be a line they can call to make a complaint and then have an inspection. If tenant and landlord are happy there should not be an inspection. He does not think an inspection fee is fair to landlords for initial inspections because anything can go wrong with a property. 14.Jerry Nichols - He has a concern about rental inspections as well, his property is on Appomattox, and he states the program has failed in the past. He states inspections always start in Ward l and never make it ward 7. Why can't inspection start in Ward 7 first. Vice Mayor Gore has point of information asking for operating budget and how much revenue they are projected to receive. She states if there is not enough money to implement programs, if there is not enough they have to increase taxes. As it stands 1.8 million is already going to fund the police department. She requests a work session to see if funds they can get would sustain the program of if they would need to make city wide tax increases increase to fund a program that only impacts a small number of people. Vice  Mayor Gore makes a motion to have a special meeting and sends a list of items for Mr. ward to prepare for the special meeting. Mayor Partin seconds the motion. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Yes Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 6-0 PUBLIC HEARINGS PH -1- Conditional Use Pe1mit Requests, IOI S. Main St- Chris Ward-He begins his presentation in reference to the formal Hopewell marine building. The applicant is JRT properties LLC. He goes into detail about the history of the building with council based on the presentation that was previously provided. They are requesting the ability to have ground floor apartments and apartments smaller than 900 sq. feet on the second floor. JD Lewis Rep speaks to council in reference to the conditional use requests. He gives a brief hist01y of the location to council. Councilor Denton asked what is the anticipated amount of rent for these apartments, the answer is roughly $1100 for one bedroom and $1500 for two bedroom apartments. She also asked the units being cut from 19 to 18 are they allowing for anymore 2 bedroom units? He answered there are two I bedroom units currently. There was further conversation between Councilor Denton and the JRT Lewis Rep. Mayor Partin asked would he be willing to invest in the crime technologies being invested in within the city, the rep stated there is a traffic pole that will house the devices for crime reduction. Mayor Partin instructs the rep could give the money for capital cost to the city and they will install it as they install it throughout the rest of the city. Mayor Pmtin opens the floor for public hearing citizens to speak. The first  person to speak is Heather Lynn, the mic was distorted and what was said was unable to be transcribed. The next speaker is Phillip Hughes and he speaks on behalf of this permit request and gives his opinion on the size amount of the building and gives a brief history of his square feet of the building he owns. He states council should back him and give him everything he is asking for. Councilor Holloway makes a motion to adopt approving the conditional use permit request, Councilor Joyner seconds the motion, Councilor Joyner asks for a friendly amendment to add two digital technologies, Councilor Holloway accepts the friendly amendment. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Absent Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 5-0 REGULAR BUSINESS R-1-Subdivision of 1700 Dinwiddie Ave- Chris Ward - Mr. Ward begins his presentation stating both applications for the subdivisions are from the same applicant. Both are located in Ward 7 and he gives a brief description of the properties. He stated they are asking to create 4 parcels out of 3. He goes over the presentation he provided to council to explain what he highlighted and state they meet and exceed the minimum requirement. Councilor Joyner makes a motion to approve the subdivision of 1700 Dinwiddie Ave, motion is seconded by Councilor Holloway. Councilor Denton states she is going to fill out the conflict of interest form because she does work for Mr. Jones at times but she is not familiar with the subdivisions so she feels she can still vote. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Absent Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 5-0 R2- Subdivision of 3603 Jackson Farm Rd - Christ Ward - He states the applicant is the same Mr. Jones. This subdivision is located in Ward 4, they look to create 8 parcels from 4 parcels. All parcels meet and exceed the requirements for the R2 medium density residential district. Councilor Holloways ensured changing to 8 parcels would not cause conflict, Mr. Ward stated no. Councilor Holloway makes a motion to approve Subdivision of 3603 Jackson Farm Rd and adjoining parcels, Councilor Harris seconds the motion. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Absent Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 5-0 R3 - Personal Property Tax Penalty/Interest Waiver - Shannon Foskey- Ms. Foskey states she is requesting to waive the penalty and interest until March 15 th . She also stated she would like to look into possible rebates for  the citizens because of the high accessed value and increased taxes and she is asking for research to help struggling citizens. She stated if waiver is approved March 16 penalties will occur and April 1 the interest will occur. 45 days from March 15th there will be DMV stops added and delinquencies will go to collection attorney. She opens the floor for questions. Councilor Holloway makes a motion to adopt waiving penalties, fees, and interest for 30 days until March 15, Mayor Partin seconds the motion. Councilor Denton asks Ms. Foskey does she have any idea what the percentage of people who have not paid personal property tax from last year, the answer is they have over 7,000 citizens who are currently delinquent from 2018. She has placed stops on those citizens' accounts. Ms. Foskey stated if they continue with the stops and collections attorney, she feels they may bring more revenue in. Councilor Denton if there was a process to collect from 2021 and allow people to pay half of what they owe now and the balance later that may help, Ms. Foskey stated she was considering changing the due date to twice a year or have payment due at the end of the year. She stated they do not wish to do payment plans at this time. There is further conversation between Councilor Denton and Ms. Foskey. Mayor Partin says he believes that Ms. Foskey, Ms. Reason, city manager and city attorney need to get together and hash out what options they have. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Absent Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 5-0 R4- Loitering Ordinance - Danielle Smith - Ms. Smith begins her presentation giving a description of how her presentation is broken down.  She goes into brief detail each section of the presentation. She states she will not read everything to council again as it was previously discussed. Councilor Denton makes a motion to approve the new loitering ordinance as presented, Councilor Holloway seconds the motion. ROLL CALL: Councilor Joyner Yes Councilor Harris Yes Mayor Partin Yes Vice Mayor Gore Absent Councilor Denton Yes Councilor Pelham Absent Councilor Holloway Yes MOTION PASS 5-0 Councilor Denton makes a motion to adjourn. ADJOURNMENT: Vice Mayor Gore motions to adjourn, Yes- 5 No-0 Respectfully Submitted, .J~y: Sade' Allen, Deputy City Clerk