City Council

Minutes from the Petersburg City Council meeting held on: October 1, 2013 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, October 1, 2013, at the Union Train Station. Mayor Moore called the closed session meeting to order at 6:30p.m. 1. REGULARLY-SCHEDULED MEETING – 6:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member W. Howard Myers Council Member Ken M. Pritchett Council Member Carl M. Ross Council Member Treska Wilson-Smith Vice Mayor Horace P. Webb Mayor Brian A. Moore Absent: Present from City Administration: City Manager William E. Johnson, III City Attorney Brian Telfair Clerk of Council Nykesha D. Jackson, CMC 3. CLOSED SESSION(a): City Attorney Brian Telfair, stated that it was City Council’s desire to enter into a closed session under Section 2.2-3711.A (1) of the Code of Virginia, and specifically under the Subsection 1 to discuss potential candidates for appointments to certain boards; under Subsection 3 to discuss acquisitions or disposal of real property, where discussion in open session would adversely affect the bargaining position or strategy of the City; and under Subsection 7 to consult with legal counsel regarding specific legal matters. Council Member Coleman moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Myers. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb and Moore City Council entered closed session at 6:30 p.m. CERTIFICATION: Council Member Ross made a motion to return City Council into open session and certify the purposes of the closed session. The motion was seconded by Council Member Coleman. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb and Moore 13-R-44 A RESOLUTION CERTIFYING, AS REQUIRED BY THE CODE OF VIRGINIA, SECTION 2.2- 3712, THAT TO THE BEST OF EACH MEMBER’S KNOWLEDGE, ONLY PUBLIC BUSINESS  Minutes from the Petersburg City Council meeting held on: October 1, 2013 -2– ______________________________________________________________________________ MATTERS LAWFULLY EXEMPTED FROM OPEN MEETING REQUIREMENTS OF VIRGINIA LAW WERE DISCUSSED IN THE CLOSED SESSION, AND ONLY SUCH PUBLIC BUSINESS MATTERS AS WERE IDENTIFIED IN THE MOTION CONVENING THE CLOSED SESSION WERE HEARD, DISCUSSED, OR CONSIDERED. 4. ADJOURNMENT: Council Member Ross moved for adjournment. The motion was seconded by Council Member Coleman. There was no discussion. The motion was approved on roll call vote. City Council adjourned at 7:30 p.m. 1. REGULARLY-SCHEDULED MEETING – 7:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member W. Howard Myers Council Member Ken M. Pritchett Council Member Carl M. Ross Council Member Treska Wilson-Smith Vice Mayor Horace P. Webb Mayor Brian A. Moore Absent: Present from City Administration: City Manager William E. Johnson, III City Attorney Brian Telfair Clerk of Council Nykesha D. Jackson, CMC 3. PLEDGE OF ALLEGIANCE: a. Clerk of Council, Nykesha Jackson, led council and the audience in the pledge of allegiance. 4. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS: a. Proclamation designating October as Domestic Violence Awareness Month. Mayor Moore read the proclamation out loud. Chana Ramsey, The James House, thanked City Council and the citizens for recognizing the month of October as Domestic Violence Awareness Month. b. Proclamation designating October 6-12, 2013, as National Fire Prevention Week. Mayor Moore read the proclamation out loud.  Minutes from the Petersburg City Council meeting held on: October 1, 2013 -3– ______________________________________________________________________________ Chief T. C. Hairston and some of the City’s Firefighters accepted the proclamation proclaiming National Fire Prevention Week. He thanked the City and City Council. c. Proclamation designating October as Hispanic Heritage Month. Mayor Moore read the proclamation out loud. Aracely Harris, Hispanic Liaison, came forth to accept the proclamation proclaiming the month of October as Hispanic Heritage Month. Mr. Johnson announced that Michelle Peters is the new Planning Director for the City of Petersburg. He also announced that the new Transit Manager is Dironna Moore Belton. He stated that Mrs. Moore will be starting on Monday and that Mrs. Peters has already taken her seat as the new director. He thanked Marvin Rollins for being the acting director for the time that he was. 5. CONSENT AGENDA: a. Minutes of the regularly-scheduled meeting held on September 3, 2013. Council Member Coleman made a motion to approve the consent agenda. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, Moore 6. OFFICIAL PUBLIC HEARINGS: a. As required by the Code of Virginia, as amended, a public hearing on the issuance of VRA Bonds to fund the Capital Improvement Plan (CIP). BACKGROUND: City Council has adopted the CIP for FY14-FY18 and make a financial commitment of $3,000,000 for the purposes of projects such as furniture and fixtures for the new Library, design and permitting for a City Recreational Center, capital repairs to a City managed museum, capital repairs to the Hustings Courthouse and capital repairs to a City managed golf course. The public hearing is a part of the process in accordance with Code of Virginia for the issuance of bonds to finance these vital capital projects. RECOMMENDATION: Recommend Council adopt the attached Resolution. William Johnson, City Manager, gave an overview of the public hearing on the issuance of VRA Bonds to fund the Capital Improvement Plan (CIP). Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Vice Mayor Webb made a motion to adopt the resolution of the City Council of the City of Petersburg, Virginia, approving the issuance and sale of its general obligation bond, series 2013, and setting forth the form, details and provisions for the payment thereof. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, Moore  Minutes from the Petersburg City Council meeting held on: October 1, 2013 -4– ______________________________________________________________________________ 13-R-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETERSBURG, VIRGINIA, APPROVING THE ISSUANCE AND SALE OF ITS GENERAL OBLIGATION BOND, SERIES 2013, AND SETTING FORTH THE FORM, DETAILS AND PROVISIONS FOR THE PAYMENT THEREOF. b. As required by the code of Virginia, as amended, a public hearing on the proposed changes in Petersburg Area Transit’s rates, services, and routes. BACKGROUND: At its meeting on September 3, 2013, Council directed staff to edit its proposed plan in order to provide routes to Virginia State University (VSU), located in Chesterfield County, and Southpark Mall, located in Colonial Heights. After careful review, staff proposes a combination of fare decreases for both routes, increased services for Southpark Mall, and elimination of the Saturday route for VSU. Currently, neither VSU nor Southpark Mall contributes any funds for these routes, which are outside of the City’s Transit Service Area (TSA). In an effort to help offset the loss of the cost savings originally projected at $500,000, staff is recommending a fare increase from $1.50 to $1.75 (25 cent increase) for the remaining 11 routes. This increase will provide estimated revenue of $100,000. RECOMMENDATION: Recommend Council adopt the attached Resolution. Steven Hicks, Director of Public Works, gave a PowerPoint presentation regarding the proposed changes in Petersburg Area Transit’s rates, services, routes. Mayor Moore opened the floor for public comment. Wanda Howard, 732 Texas Avenue, stated that there is a problem with the Crater Road bus route. She stated that this needs to be looked at. Dudley Gee, bus rider, stated that he hates to see the bus services stop for Fort Lee. He stated that the bus stops him right in front of Fort Lee for work. He stated that the bus is his only means of transportation. Deborah Mason, 423 Summit Street, stated that she has a problem with the bus stopping in front of Petersburg High School. She stated that she uses the bus to go to work at Petersburg High School. Linwood Christian, 410 Mistletoe Street, stated that he would like to speak on Virginia Avenue bus route and area. He stated that there are people in that area that use the bus. He stated that they need to also look at that a lot of elderly and seniors use the buses to get to where they need to go. Ronald Glass, 136 Marshall Street, stated that he uses the bus to get to work in Colonial Heights at the Wal-Mart. He stated that he has been working at the Wal-Mart for the last 24 years. He stated that he would like for the City to keep the 6:15p.m. bus route so that he may be able to get to work on time. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Coleman made a motion adopting the Petersburg Area Transit changes in schedule, routes, and fares. The motion was seconded by Council Member Pritchett with the change of time from 6:15am and 7:15am to 6:30am. The motion was seconded by Council Member Pritchett. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, Moore  Minutes from the Petersburg City Council meeting held on: October 1, 2013 -5– ______________________________________________________________________________ 13-R-46 A RESOLUTION ADOPTING THE PETERSBURG AREA TRANSIT CHANGES IN SCHEDULE, ROUTES, AND FARES. 7. PUBLIC INFORMATION PERIOD: The Public Information Period is established by the Rules of Council to hear input from City residents or owners of businesses in the City. It will last for a maximum of 30 minutes. Speakers will be called in the order that they have signed up to speak. If there are ten or fewer speakers, each shall speak for a maximum of 3 minutes. If there are more than six (6) people desiring to speak, the time allotted to each person may be adjusted or the number of speakers limited to meet the time limitation. A speaker may speak on items except those that are listed on tonight’s Council agenda. Any matter brought before the attention of the City Council during the public information period will not be acted upon by the City Council at this meeting. Linwood Christian, 410 Mistletoe Street, stated that his son came and spoke on when the youth in the City will get attention. He stated that young people do not have anything to do in the City. He stated that young people should be the main priority. He stated that the Virginia Avenue area needs to be cleaned up as well. Judy Tyree, 27 Seyler Drive, Crater District Area Agency on Aging, gave brief information on program for seniors. She stated that the service is free of charge. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of changing the date of the City Council meeting scheduled for October 15, 2013, to October 29, 2013. BACKGROUND: The Annual VML Conference will be held from October 13-15, 2013. Members of Council and the City Manager will attend the conference and will not be available to meet on the schedule date. RECOMMENDATION: Recommend Council change the date of the second City Council meeting in October from October 15, 2013, to October 29, 2013. Council Member Pritchett made a motion to change the date of the second City Council meeting in October from October 15, 2013, to October 29, 2013. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson- Smith, Webb, and Moore b. Consideration of changing the date of the City Council meeting scheduled for November 5, 2013, to November 12, 2013. BACKGROUND: Council holds regular meetings on the first and third Tuesday of each month, with the exception of August and December. If a regularly scheduled meeting falls on the day of a general election, the meeting has to be held the next Tuesday in accordance with the Rules of Council. An election will be held on November 5, 2013; therefore, the Council meeting must be moved to November 12, 2013. RECOMMENDATION: Recommend Council change the date of the meeting scheduled for November 5, 2013, to November 12, 2013. Vice Mayor Webb made a motion to change the meetings in November to only one meeting on November 19, 2013. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore  Minutes from the Petersburg City Council meeting held on: October 1, 2013 -6– ______________________________________________________________________________ c. Consideration of approving Right Policy & Media’s provision of pro bono services to the City for a 12-month period. BACKGROUND: The Right Policy & Media firm has offered to provide pro bono services to the City for a 12-month period. The following is a partial list of the services that the firm will provide: arrange meetings with legislative leadership; provide lobbying services during the 2014 General Assembly; promote positive lawmaking for Petersburg’s economic development efforts; monitor and report on legislative activity impacting the City; develop advocacy materials targeted to state decision makers in support of Petersburg’s initiatives; assist in branding initiatives that will showcase Petersburg’s importance in the history of the Commonwealth of Virginia; assist with grant writing and research on projects; coordinate meetings and presentations to business leaders; develop tactics and activities in support of Petersburg’s Strategic Plan; assist in fostering business relationships; coordinate tours of the City by business and legislative leaders; provide national marketing of Petersburg’s historic and cultural resources; develop and coordinate annual events that build name recognition for Petersburg. A complete summary of Right Policy & Media’s pro bono service is attached for your review. RECOMMENDATION: Recommend Council approve the pro bono services offered to the City by Right Policy & Media. Vice Mayor Webb made a motion to approve the pro bono services offered to the city by Right Policy & Media. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore d. Consideration of appropriating $624,100 to a Special Fund account for the receipt and expenditure of Fire Programs funds. BACKGROUND: The City has received the net of $624,100 over the past seven years from the State Department for Fire Programs. While funds were received, they had not been expected in the past. It is the intent of Fire Administration to spend the funds to make this is a safer community and enhancing the skills of its employees while providing them with modern equipment. RECOMMENDATION: Recommend adopting the attached appropriation ordinance in the amount of $624,100. Vice Mayor Webb made a motion to adopt the appropriation ordinance in the amount of $624,100 to a Special Fund account for the receipt and expenditure of Fire Programs fund. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore 13-ORD-107 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2013, AND ENDING JUNE 30, 2014 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $624,100 FOR THE FIRE STATE PROGRAM FUNDS. e. Consideration of appropriating $289,860 in federal asset forfeiture funds to a Special Fund account. BACKGROUND: On May 7, 2012, Abott Laboratories entered into a plea agreement with the United States, pleading guilty to the introduction and delivery of misbranded drugs into interstate commerce. As a result, the Office of the Attorney General was awarded an equitable share of asset forfeiture funds. The Petersburg Police Department submitted a proposal to the Office of the Attorney General for Crisis Intervention Team needs. The proposal was accepted and the Office of the Attorney General has awarded the Petersburg Police Department $289,860 in federal asset forfeiture funds to specifically support the CIT program.  Minutes from the Petersburg City Council meeting held on: October 1, 2013 -7– ______________________________________________________________________________ RECOMMENDATION: Recommend adopting the attached appropriation ordinance in the amount of $289,860. Council Member Wilson-Smith made a motion adopting the appropriation ordinance in the amount of $289,860 for federal asset forfeiture funds in police department. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore 13-ORD-108 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2013, AND ENDING JUNE 30, 2014 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $289,860 FOR FEDERAL ASSET FORFEITURE FUNDS-POLICE. f. Consideration of appropriating $752,438 in Transportation Enhancement Funds to complete the Southside Depot Restoration Project. BACKGROUND: The City of Petersburg was transferred $400,000 of the Civil War Preservation Trust (CWPT) Statewide Civil War Battlefield Acquisitions Transportation Enhancement Program grant awarded to the City of Petersburg for the purpose of renovating the center section of the historic Southside Depot. The City of Petersburg, in partnership with the National Park Service, intends to create a visitor contact station at the Southside Depot. CWPT has already provided the twenty percent (20%) match ($100,000) to the $400,000 grant to the City of Petersburg. In addition, the City received an additional $252,438 as part of the Virginia Department of Transportation Enhancement FY14 program. The total amount of these grants is $752,438. RECOMMENDATION: Recommend adopting the attached appropriation ordinance in the amount of $752,438. There was discussion among City Council Members. Council Member Myers made a motion to adopting the appropriation ordinance in the amount of $752,438 for Southside Depot Restoration Project. The motion was seconded by Vice Mayor Webb. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore 13-ORD-109 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2013, AND ENDING JUNE 30, 2014 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $752,438 FOR SOUTHSIDE DEPOT RESTORATION PROJECT. g. Request to schedule a public hearing on the proposed disposition of publicly-owned properties addressed as 20 West Tabb Street, 103 West Tabb Street, 107 West Tabb Street, 125 West Tabb Street, 125 North Union, 130 North Union Street, and 135 North Union Street. BACKGROUND: The city is considering the disposition of the following publicly-owned properties for proposed future development: 20, West Tabb Street, 10 West Tabb Street; 107 West Tabb Street; 125 West Tabb Street; 125 North Union; 130 North Union; and 135 North Union Street. RECOMMENDATION: Recommend Council schedule a public hearing on this matter for the second Council meeting in October.  Minutes from the Petersburg City Council meeting held on: October 1, 2013 -8– ______________________________________________________________________________ Vice Mayor Webb made a motion to schedule a public hearing on October 29, 2013, for the consideration of disposition of publicly-owned properties for proposed future development: 20, West Tabb Street, 10 West Tabb Street; 107 West Tabb Street; 125 West Tabb Street; 125 North Union; 130 North Union; and 135 North Union Street. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Voting No: Pritchett h. Request to schedule a public hearing on the proposed abandonment of the north section of Gressett Street between Porterville Street and Hartley Street (500 block) and all of Hartley Street. Item “8H” taken off the agenda. Council Member Coleman stated that he will be having a ward meeting on October 28, 2013 at A.P. Hill Elementary School. He stated that his guest speaker will be Wesley Nicholas. Council Member Myers made a motion for council to support and authorize the City Manager to solicit by RFP the outsourcing of the Petersburg Animal and Control Pound with a recommendation of awarded bid no later than the November City Council meeting. The motion was seconded by Vice Mayor Webb. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Abstain: Pritchett Council Member Pritchett stated that there were emails that he received stating that the City had received plaques that were designated to buildings and have not been distributed to the appropriate buildings. Mr. Johnson stated that he will look into this information and find out where the plaques are. Mayor Moore thanked Mr. Hicks and Mr. Johnson for participating in his ward meeting. He stated that it was a great turn out. Mayor Moore asked Mr. Johnson to request from the sheriff information and updates on the jail assessment report. 9. CITY MANAGER’S AGENDA: a. City Manager’s Report 1. What is the status of installing speed bumps at Magnolia Farms and traffic calming on Youngs Road? a. Mr. Johnson stated that his suggestion is that they have the appropriate citizens have meeting with Mr. Hicks. He stated that this is a rather complicated process. He stated that they have to have a total of at least 75% of the total household in the area to write a request regarding the speed bumps. 2. Can additional school crossings be added around Peabody Middle School? a. Mr. Johnson stated that two school crossings were recently repainted on Halifax Street. He stated that currently the Department of Public Works is evaluating the traffic in the area that will determine whether other cross walks is needed. Mr. Johnson stated that at the next meeting they will have a proclamation recognizing National Community Planning Month. He stated that the City wants to make sure that they recognize members of the Planning Commission and those that help with the planning department. He stated that on yesterday afternoon he had a meeting regarding a new project called “Safe Sleep”. He stated that it addresses infant death in the City. He stated that at the next meeting they have invited the mayor and are bringing four  Minutes from the Petersburg City Council meeting held on: October 1, 2013 -9– ______________________________________________________________________________ proposals back to the Mayor and City Council at a later date. 10. CLERK OF CITY COUNCIL'S AGENDA: No items for the Clerk of City Council Agenda. 11. CITY ATTORNEY’S AGENDA: No items for City Attorney Agenda. 12. CLOSED SESSION (IF NECESSARY): No items for closed session. 13. ADJOURNMENT: Council Member Coleman moved for adjournment. The motion was seconded by Council Member Ross. There was no discussion. The motion was approved on roll call vote City Council adjourned at 9:00 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor