City Council

Minutes from the Petersburg City Council meeting held on: October 29, 2013 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, October 29, 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: None Present from City Administration: City Manager William E. Johnson, III City Attorney Brian Telfair Clerk of Council Nykesha D. Jackson, CMC Mayor Moore stated that before closed session he would like to send his condolences to Vice Mayor Webb and his family on the loss of his nephew. 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 pending or probable litigations. 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 Coleman 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 Ross. 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  Minutes from the Petersburg City Council meeting held on: October 29, 2013 -2– ______________________________________________________________________________ 13-R-47 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 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 Myers moved for adjournment. The motion was seconded by Vice Mayor Webb. 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: None 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 D. Jackson, led council and the audience in the pledge of allegiance. 4. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS: a. Proclamation recognizing the Members of the Petersburg Planning Commission. BACKGROUND: In the past, staff has been recognized for our efforts and contributions to Community Planning Commission and practices ensuring that our neighborhoods and communities are places where people are happy to live and work. This year, staff chose to recognize the volunteer work of the Planning Commissioners who participate in and facilitate the creation of the neighborhoods and communities that people live and work in through the implementation of the goals and objectives of the Comprehensive Plan.  Minutes from the Petersburg City Council meeting held on: October 29, 2013 -3– ______________________________________________________________________________ RECOMMENDATION: Recommend presentation of the attached proclamation recognizing the work of the Planning Commission. Mayor Moore read the proclamation out loud to the citizens and staff. Marshall Ford, Planning Commission Chairman, stated that they would like to thank City Council for the recognition. He stated that what they do they do from their hearts. He stated that they greatly appreciate it. Michelle Peters, Director of Planning and Community Development, stated that she would like to thank City Council for taking this opportunity to recognize the Planning Commission. She stated that she would like to publicly say to them that she thanks them for all the hard work that they put in. She stated that she would like to also recognize their assistant secretary, Deborah Parham, who is paid staff that works just as hard in the office and working with the Planning Commission. b. Recognition of the Public Works Department for the efforts contributing to the City receiving Silver-Level Certification for the VML Green Government Challenge. BACKGROUND: The City received Silver-Level Certification for Virginia Municipal League’s Green Government Challenge for successfully implementing environmental policies and taking practical actions to reduce carbon emissions. Most of the City’s efforts that earned this recognition either originated in or are operated through the Department of Public Works, specifically:  Performed an Energy Efficiency study to develop an Energy Improvement Plan and establish a baseline greenhouse gas emission inventory of the City’s facilities;  Adopted a policy of LEED Certification for all public facilities for construction and renovations;  Implemented a City-wide recycling collection program with Container First Services LEED certified recycling program;  Adopted a Green Fleet Policy to reduce twenty percent of the City’s annual usage of petroleum by January 2018; and  Implemented Storm Water Management Utilities fees and programs to repair existing drainage structures, properly manage erosion and sediment runoff, and to devise new projects to improve water quality such as low impact development and stormwater management best practices. Last year the City of Petersburg was recognized by VML as a certified “Green Government”. RECOMMENDATION: Recommend Council publicly recognize the efforts of the Public Works Department which resulted in the City being awarded Silver-Level Certification in VML’s Green Government Challenge. Mayor Moore presented Steven Hicks, Public Works Director, with a plaque certificate on the efforts of the Public Works Department which resulted in the City being awarded Silver-Level Certification in VML’s Green Government Challenge. He stated that he would like to thank everyone that was involved with the efforts as well as he commended City Manager, William Johnson, with his efforts on helping the City receive this certificate. Mr. Hicks stated that he would like to thank City Council for the recognition and the City Manager for his leadership and support. He stated that he want to most importantly thank Council for establishing policy. He stated that the City is moving in the right direction and that they are accomplishing a lot. He stated that he would like to recognize Bill Riggleman, Street Operations Manager, and that he has been with the City for 36 years. He stated that he would like to recognize Amanda Rodriquez, Assistant General Manager, and Tennille Wade, City Engineer. He stated that he would like to also recognize Darryl Walker, Manager of Stormwater Program and Tommy Kendrick who is a reliable engineer designer for the City. He stated that Greg Sangria is  Minutes from the Petersburg City Council meeting held on: October 29, 2013 -4– ______________________________________________________________________________ the general supervisor for the facilities. He stated that as much as this is for public works, they cannot do it without other departments helping. He stated that he would like to thank Tangela Innis, Kelly Gill, and Lisa Scott as well. c. Presentation of the annual economic development update by Renee Chapline, Executive Director of Virginia’s Gateway Region. BACKGROUND: Renee Chapline, Executive Director of Virginia’s Gateway Region, will present the annual economic development update. RECOMMENDATION: For information only. No action recommended. Renee Chapline, Executive Director of Virginia Gateway Region, gave an update on the annual economic development. d. Update on events taking place in Petersburg during the holiday season by Victoria Revilla, President of the South Side Virginia Council for the Arts. BACKGROUND: Colonel Victoria Revilla, President of the Southside Virginia Council for the Arts, will provide information regarding events that will take place this holiday season. RECOMMENDATION: For information only. No action recommended. Colonel Victoria Revilla, President of the Southside Virginia Council for the Arts, gave an overview of upcoming events that will be taking place during the holiday season. 5. CONSENT AGENDA: a. Minutes of the regularly-scheduled meeting held on September 17, 2013, and October 1, 2013. Council Member Pritchett gave a few corrections that needed to be made on the September 17, 2013, minutes and on October 1, 2013, minutes. Vice Mayor Webb made a motion to approve the consent agenda with noted corrections. 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 Vice Mayor Webb made a motion to put the statement of censure on the agenda. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore Abstain: Pritchett Mayor Moore read out loud the statement of censure. Council Member Pritchett read out loud his letter to Ms. Williams. 6. OFFICIAL PUBLIC HEARINGS: a. As required by the Code of Virginia, as amended, a public hearing on the proposed disposition of publicly-owned properties addressed as 20 West Tabb, 103 West Tabb Street, 107 West Tabb Street, 125 West Tabb Street, 125 North Union Street, 130 North Union Street, and 135 North Union Street.  Minutes from the Petersburg City Council meeting held on: October 29, 2013 -5– ______________________________________________________________________________ BACKGROUND: The City is considering the disposition of the following publicly-owned properties for proposed future development: 20 West Tabb Street (Tax Parcel 011-25-0002); 103 West Tabb Street (Tax Parcel 011-23-0035); 107 West Tabb Street (Tax Parcel 011-23-0036); 125 West Tabb Street (Tax Parcel 011- 23-0037); 125 North Union Street (Tax Parcel 011-25-0041); 130 North Union Street (Tax Parcel 011-24- 0011); and 135 North Union Street (Tax Parcel 011-25-0001). Both improved and unimproved parcels are included in this group. The unimproved parcels are currently being used for parking. The improved parcels are 20 West Tabb Street, the former Petersburg Hotel building; 103 West Tabb Street, currently used as the City Hall Annex; and 135 North Union Street, currently used as City Hall. Robert Englander, Managing Partner of CathFord Consulting LLC, will present information regarding the proposed development. RECOMMENDATION: Recommend Council authorize the City Manager to dispose of the subject properties. Bob Englander, Managing Partner of CathFord Consulting LLC, presented a PowerPoint Presentation on the requested project. Mayor Moore opened the floor for public comment. Linwood Christian, 410 Mistletoe Street, stated that he is assuming that disposing of the properties is to make way for the potential project. He stated that with this building there are a lot of questions that are going through his head. He stated that some of the City Council Members were sitting on council when ideas came up about this building. He stated that the ideas were put off. He stated that they were told that they could not do certain things. He asked that with disposing of the properties will this help generate some revenue for the City for what wants to be done. He asked are any of the buildings or areas a historic landmark, if so how are they going to get around this. Mr. Johnson stated that the properties are historic. He stated that if City Council recalls during the developer’s presentation one of the things that he had mentioned was the historic tax credits. He stated that this also means that they would have to go through the Architectural Review Board to make sure that he meets the requirements. He stated that there will be new revenue in the amount of $1.8 million that will be coming to the City as well as new jobs. Hope Lynch, 16 ½ Centre Hill Court, stated that she thinks that the project looks nice. She stated that she knows some of the other projects that have been done by the firm. She stated that she thinks that some of the confusion is that some of the community heard that properties were going to be disposed of. She stated that they thought that this meant that they were going to be demolished. She stated that she thinks that this was some of the confusion. She stated that her only concern is where City Hall will go. She stated that based on the timeline it looks like City Hall needs to be vacated by March 2014. She stated that there may be some temporary location and on top of this where will the monies from the New City Hall come from. Mr. Johnson stated that at the present time staff is doing an assessment of relocating the City Hall building only at this time. He stated that they are trying to make sure that they move it to a location that is easily accessible by the community and they are looking at moving into a building that is owned by the City. He stated that the only cost that the City will be bearing is for appropriate technology. Brandon Martin, 1646 Berkeley Avenue, stated that the real estate that was discussed earlier included the City Hall Annex. He stated that after the mention of the project he has heard nothing more of it. He asked was the City Hall Annex part of Phase 2. He stated that Phase 2 talked about the construction of a hotel on what used to be the old YMCA property across from City Hall. He stated that he has not heard anything  Minutes from the Petersburg City Council meeting held on: October 29, 2013 -6– ______________________________________________________________________________ regarding the big parking lot that is to the west of City Hall Annex. He stated that once again they only get part of the story. Karen Graham, 402 High Street, stated that she thinks that the development of the old Petersburg Hotel is important. She stated that it has been neglected and abandoned for a number of years. She stated that she has concerns that the City Hall building has always been a public building. She stated that she thinks that it should retain a public function. She stated that she can see the concept of tying it the Petersburg Hotel. She stated that even though it was stated that they cannot tie the decision to dispose of the properties to the construction of the New City Hall they are intertwined. She stated that she would hope that they would consider but not vote to the disposition of the properties because they have not heard anything on how the City Hall Annex will be used or how the parking will be used. She stated that there are no plans for a parking garage in the downtown area or growth of business along Sycamore Street or in the downtown area. She stated that she has concerns over the project budget. She asked if they do not receive the new market tax credit will they be able to move forward. She stated that she would hope that there are strong protective covenants around the building. Mr. McGluclin, 115 Market Street, stated that he agrees with the hotel. He asked how the information was advertised. He stated that he hopes that it was nationally. He stated that they tend to nickel and dime the information and only put it in the local newspapers and the Richmond Times-Dispatch. He asked was this in the New York Times. Mr. Johnson stated that they advertise the information in the normal places that the City does their advertising as well as they send it to the groups that access in being part of the development anywhere in the City. Mr. McGluclin asked if this means that this was not done nationally. Mr. Johnson stated that these are the places as stated earlier that the City uses for advertising. Mr. McGluclin asked would it be possible to expand it nationally. Tangela Innis, Purchasing Director, stated that the RFP was advertised publicly on the City’s website and in the Richmond Times-Dispatch as well as the Progress-Index. She stated that advertising was sent to well over 5,000 individual vendors utilizing the states website. She stated that she directly notified contractors via email and mail and a copy has been placed in the public procurement file. Sarah Witiak, 22 Centre Hill Court, stated that she also tends to encourage develop in downtown Petersburg. She stated that she thinks that the spot for the hotel is a good place. She stated that she does have some concerns. She stated that one concern is with City Hall having a public building. She stated that this is something that taxpayers bought and paid for. She stated that she does not quite agree this is something that wealthy people should have control over. She stated that she thinks that this should continue to remain City Hall. She stated that she would like to echo the parking space. She stated that developer would like the purchase price to be lower. She stated that this is the City’s history and that a reasonable price should be set. She stated that hopefully this will bring some good jobs to the City. She stated that she knows that eventually City Hall will have to move somewhere and that she hopes that they are serious in using the money for the transition of the New City Hall or the education of the children. Roxanne Meisner, 9 West Old Street, stated that she has been in the City for 11 years. She stated that everyone that knows her knows that she has been pushing for a hotel in the downtown area since she came to the City. She stated that in 1978 the National Registry of Historic Building placed the City building on that registry. She stated to see it turned into a hotel and not a public building upsets her. She stated that she does not know if the building is a necessity for the moving forward project of the hotel. She stated that she would like the City to take another look on the customs building itself. She stated that she feels that the building  Minutes from the Petersburg City Council meeting held on: October 29, 2013 -7– ______________________________________________________________________________ should remain part of the City. She stated that she would like more information on the number of restaurants and boutiques that will be in the buildings. Mr. Englander stated that part of the original Phase 1 to include the City Hall Annex will be to work with Virginia State University Hospitality Program. He stated that they will also be doing mentoring programs as well. He stated that they will be utilizing that building for that purpose and also investigating the use of part of the building as a commercial kitchen as part of bringing people to Petersburg for weekends with couples. He stated that they can have cooking classes as well as part of Phase 1. He stated that they will have at least one restaurant. He stated that there is talk about having a bar or another area. He stated that one restaurant will be small and one will be a full service restaurant for the hotel. He stated that as far as public space in City Hall the entire first floor and the lower level is anticipated to be public space. He stated that it will be meeting rooms for the public and the conference room will be of use for the public. He stated that there will be 12 hotel rooms on the upper levels of the building. He stated that as far as the parking they have to park the guests somewhere. He stated that they are valet parking because they do not have parking on site. He stated that they will be utilizing the existing parking for the meeting rooms and for hotel guests. Sonja Reese, 221 High Street, stated that she has lived at her address for 40 years. She stated that she will not be here for the next 20 or 30 years. She stated that she is looking to the future and that the biggest problem that she sees in the City is that it is not as sexy and glamorous as the future plan of the hotel. She stated that the focus needs to be on the children education. She stated that every penny that the City can get should be on ensuring the future of the children. She asked how many times the citizens have to read about the state of the City’s schools. She stated that this is the number one urgent problem. She stated that she agrees with all the comments but that she is trying to get the City to put their monies into something that will really enhance the future. Joe Hatch, 509 Mistletoe Street, stated that he has a question on what the developers experience is on doing this project. He stated that he is concerned about the parking. He stated that there appears to be a need of 120 to 150 parking spaces with the development. He asked how much space is available and will the citizens loose public parking. Mr. Englander stated that if the hotel is full then this would be at least 87 cars. He stated that if thehotel is full and they have events in the conference center then this would be another 200 people and another 100 cars added. He stated that they will have a significant need for parking. He stated that there is not enough parking on site for what they will need if they reach full capacity. He stated that they will be looking for other spaces for parking. He stated that they are looking at a long term plan. He stated that there will be over a million dollars within the next five years from the hotel that can be used for after school programs and for the education of the children. He stated that this will also create good paying jobs as well. Vernel Gannaway, 652 Old Wagner Road, stated that he loves the outlay of the buildings but that there are some things that he would like to be considered. He stated that this is a nice place to have the hotel but that they have heard this before. He stated that they have heard this with the bus station that does not have a hot dog stand in it. He stated that this is a great idea but once the people get to the hotels where are they going to go. He stated that there needs to be some family oriented activities in the City. John Rooney, 1993 Ridgewood Drive, stated that a lot of the hotels are closing down. He stated that there must not be a high demand for hotels in the City at the moment. He stated that this particular market has run over to Colonial Heights. He stated that it is probably a little more complicated in getting tax payers’ dollars to help with a hotel project. He stated that if you study the stock market there are recessions and down turns in the market. He stated that it has been about five years since the last recession. He stated that the government is probably due for one at this moment. He stated that he would think twice about spending a lot of money. He stated that there are a lot of people in the City of Petersburg that are strapped and the electric bills are going up. He stated that the water bill and taxes are going way up as well. He stated that he wonders how much taxes are the citizens willing to pay.  Minutes from the Petersburg City Council meeting held on: October 29, 2013 -8– ______________________________________________________________________________ Robert Still, 43 South Market Street, stated that he thinks that this is a wonderful project. He stated that he thinks that this is something that the City needs. He stated that he is sure that there will be questions of some things that are going on. He stated that he thinks that loose ends will be tied up as well. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Vice Mayor Webb made a motion to potentially dispose of publicly-owned properties addressed as 20 West Tabb, 103 West Tabb Street, 107 West Tabb Street, 125 West Tabb Street, 125 North Union Street, 130 North Union Street, 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 13-ORD-110 AN ORDINANCE POTENTIALLY DISPOSING OF PUBLIC-OWNED PROPERTIES ADDRESSED AS 20 WEST TABB STREET, 103 WEST TABB STREET, 107 WEST TABB STREET, 125 WEST TABB STREET, 125 NORTH UNION STREET, 130 NORTH UNION STREET, AND 135 NORTH UNION STREET. 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. Robert Anderson, 549 North Azalea Road, stated that he is present to voice his opinion. He stated that he is speaking for the minimum wage people in Petersburg and the senior citizens. He stated that the people are not coming forward to speak on the issues. He stated that you can believe that they are talking about it among themselves. He stated that his main topic is the increase in the water rates. He stated that by listening to the council members he can tell who represents the people. He stated that the people do not have anyone to represent them except a few city council members. He stated that the projected raise for social security for 2014 is 1.7. He stated that Petersburg is the poorest city in the state of Virginia. He stated that he heard Council Member Pritchett talk about the elderly population. He stated that he also hears Council Member Wilson-Smith who compliments all the time. He stated that she is known to have relationship with her constituents. He stated that he cannot talk to his representative because he will not answer the phone or return phone calls. He asked whether anyone sees a problem with a 21% increase. He stated that he just wanted to voice his opinion for the people that do not have a voice but have representative on council. Rasheedah Farid, 18 Jarratt Court, stated that she is present to get the City back on track with health and wellness in the City of Petersburg. She stated that she would like to ask a question. She asked that if the City had a reporter to come from Washington Post to come ask what is the “Million Mile Challenge” in the City of Petersburg would they have an answer. She stated that if they were asked what are the walking groups in Petersburg would they have an answer. She stated that the people in Petersburg need to be more aware of what is happening in Petersburg regarding health and wellness. She stated that includes activities, educational programs, and the platform to educate the public. She stated that she would like to request that the City have Dr. Cynthia Newbille from Richmond, Virginia come and present to City Council what is going on in the 7th District in Richmond. She stated that this district graphics the City of Petersburg. She stated that they are actively engaged in addressing wellness in that district. She stated that she would like to know how the media is used to promote health and wellness in the City. She stated that she would like to request a presentation  Minutes from the Petersburg City Council meeting held on: October 29, 2013 -9– ______________________________________________________________________________ from Natan McKenzie regarding the “Million Mile Challenge”. She stated that she request a representative from Petersburg City Council to serve on the Petersburg Wellness Consortium. She stated that at some point they need to come together to close the gap of communication. Natan McKenzie, 214 North Dunlop Street, stated that the Petersburg Wellness Consortium created the program entitled the “Petersburg Million Mile Challenge”. He stated that this challenge is to get anyone that lives in Petersburg or have any connections with the City to walk or physical activity to get to a million miles. He stated that there are currently walking groups that are already present. He stated that there about 18 groups currently. He stated that he has information and that he can also email information as well. He stated that in addition they encourage people that are not mobile to participate in aerobic exercise. He stated that as far as reporting the information they can do it individually or as a group on the website on Facebook and then look for the Million Mile Challenge. He stated that there is also information in the packet as well as at additional sites. Vernel Gannaway, 652 Old Wagner Road, stated that he stands before City Council to bring up something old that has been talked about in the past. He stated that one thing that has been eliminated is the moment of silence or prayer. He stated that he believes that the City needs to go back to this. He stated that he sees that some of the meetings are like a circus is about to perform. He stated that they are doing things that should not be done for a City that is trying to grow. He stated that the City needs to think about where the help comes from. He stated that he is present to stand for his community. He stated that his community is precious to him. He stated that the City just lost an icon, Mr. Tucker. Brandon Martin, 1546 Berkeley Avenue, stated that he has four requests. He asked where the civic pride is for the City. He asked when the City will get around to the collapsing wall of the Jarratt House. He asked when the City will get around to repairing the west end of the roof section of the Southside Station. He stated that the City owns a 1919 American Fire Truck. He stated that it has sat inside most of the time and nothing has been done to or with it. He stated that the City has a 1936 C-Grade Pumper. He stated that this has never been retired from the City as equipment. He stated that it was last operated when Chief Dudley’s Funeral took place. He stated that this was about five years ago. He stated that it needs to be returned in a condition that can be used in parades. He stated that the fire service needs morale booster. He stated that the brick work and wood work on the train station needs to be brought back up to speed. He stated that he never heard the report for the utility bills for 1015 Commerce Street. He stated that he suggests that the City goes back a good ten years. He asked what City Council meeting did they authorize the PPEA process for the construction of the New City Hall. Linwood Christian, 410 Mistletoe Street, stated that before City Council he has presented a resolution that was signed by himself and the vice president of the city-wide PTA. He stated that they are asking for a flashing sign on Lee Avenue that is similar to the one on Halifax Street. He stated that they know that they know what the posted speed limit is on Lee Avenue but that there are many people who do not drive the speeding limit. He stated that there are quite a few children that cross the street going back and forth to school. He stated that on the 22nd of this month the president of Peabody School PTA windows were broken out of her vehicle and her wallet and things were stolen from her car. He stated that she was instructed to call the non-emergency number to the police department. He stated that no police officers came out to the scene. He stated that he thinks that it is time for the police chief to stop running around the country on the gun force and address these issues. He stated that they have met before regarding the dispatchers of the police department and their unprofessionalism. He stated that there are always excuses. He stated that there may be a need to change dispatchers. He stated that there are no lights at A.P. Hill Community and that he would like to know why. Delores Smith, 410 Mistletoe Street, stated that she is really puzzled about something. She stated that the City has a state of the art bus station that is closed 90% of the time. She stated that the only way that anyone knows that there is a bus station is because there are buses on the outside. She stated that she thought that the City was going to have a bus station like the one in Richmond. She stated that there are a lot  Minutes from the Petersburg City Council meeting held on: October 29, 2013 - 10 – ______________________________________________________________________________ of beautiful rooms in the bus station that are not being used. She stated that she thought the A.P. Hill Community Center was closed. She stated that when she went there she was shocked. She stated that the tiles were coming up from the floor and that there are holes in the walls. She stated that sometimes the lights on the outside work and sometimes they don’t. She stated that she did not know that students are still going to the community center. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of a Resolution election to not participate in the Virginia Local Disability Program offered by the Virginia Retirement System. BACKGROUND: The 2012 General Assembly created the Virginia Local Disability Program (VLDP) for political subdivision and school employees who will be covered under the new VRS Hybrid Retirement Plan, effective January 1, 2014. Current VRS disability retirement benefits will not be available to Hybrid Retirement Plan participants. Public Safety employees will remain in the traditional VRS plan and will not be covered by this Disability Program. Participation in VLDP is automatic unless the political subdivision’s governing body elects to opt-out and provide a comparable employer-paid disability program. The decision to participate or opt-out is irrevocable. While the City is still required to provide a comparable program, then we have determined, as have many other jurisdictions that to participate in the State’s program will eliminate our ability to adjust future program benefits and maintain cost-effectiveness. After reviewing this option with the City Manager, City Attorney, and Director of Finance it is recommended that the City opt-out of the State’s VLDP program and provide a comparable program. RECOMMENDATION: Recommend Council adopt the attached resolution electing to not participate in the Virginia Local Disability Program. Claristine Moore, Human Resource Director, gave a brief overview of the Virginia Local Disability Program offered by the Virginia Retirement System. There was discussion among City Council Members and staff. Vice Mayor Webb made a motion to adopt the resolution electing to not participate in the Virginia Local Disability Program.. 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 13-R-48 A RESOLUTION TO AUTHORIZE THE IRREVOCABLE ELECTION NOT TO PARTICIPATE IN VIRGINIA LOCAL DISABILITY PROGRAM. b. Consideration of a City of Petersburg Sustainable Facility Policy. BACKGROUND: The attached policy addresses both the construction and renovation of buildings and the design of the site. In general, the building portion sets a goal of Silver Certification under the Leadership in Energy and Environmental Design (LEED) rating system set forth by the United States Green Building Council (USGBC). The policy would direct staff members as they procure services, design, build, manage, and decommission public facilities. It does not address private construction activities. Jurisdictions in Virginia and around the country have adopted similar policies and City staff reviewed a number of those as potential models for the attached draft policy. It is important to note that the policy allows for considerable discretion by the City Manager to allow variations to the policy where needed by weighing the offset of immediate and long-term financial and environment gains against the monetary cost of applying Silver Certification. Based on the City Manager’s  Minutes from the Petersburg City Council meeting held on: October 29, 2013 - 11 – ______________________________________________________________________________ review, elements or actions of Silver Certification may be forgone. While there are other sustainable building rating systems available, the LEED system has become far and away the most widely used system in the country. Almost all the examples reviewed by staff use the LEED system. For residential structures, the policy also allows use of the EarthCraft Virginia system which has been used by other jurisdictions and is well known in Virginia. The site design section of the policy is less quantitative and is based on the application of principles of better site design, low-impact development, and best management practices. At this time Envision Infrastructure Rating System is the model for site design, similar to LEED. LEED does, however, have points available for site design features that minimize stormwater pollution and limit on-site water use for irrigation. Many of the measures listed are already incorporated in most site designs for City facilities. National research has shown that the cost of LEED certification has been two to five percent of total project costs. This varies with the type and size of the project. The new Public Library is the first LEED certified project in process and the Southside Depot Renovation is being considered for LEED Silver Certification. These projects have not been completed, but costs are within range of the national average. Research has also shown that LEED Silver Certified buildings can be expected to be 20-30 percent more energy efficient than buildings that meet normal code and industry standards. This building performance will result in substantial cost savings to the City over the life of the buildings. LEED also incorporates other techniques related to material sourcing, construction techniques, and indoor air quality that make overall projects more sustainable. If the City Council adopts this policy, the City Manager will issue an Administrative Regulation that will instruct staff to follow the policy in future projects. RECOMMENDATION: Recommend Council adopt the attached resolution. There was discussion among City Council Members and staff. Councilman Pritchett made a motion to adopt the resolution adopting the sustainable facility policy. 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 13-R-49 A RESOLUTION ADOPTING THE SUSTAINABLE FACILITY POLICY. c. Consideration of authorizing the City Manager to execute a change order to the contract for the Canal Street/Fleet Street Improvements Project. BACKGROUND: This project is a Community Development Block Grant funded streetscape improvement project. The current project limits are from High Street to Plum Street. That portion of the project is nearly complete. Staff desires to expand the project limits by installing an additional three hundred thirty (330) linear feet of concrete curb and gutter and sidewalk along Canal Street in the block between Plum Street and Grove Avenue. The proposed change order will increase the contract amount by $39,785 for a new contract amount of $100,000. RECOMMENDATION: Recommend Council authorize the City Manager to execute the change order to the contract for the Canal/Fleet Street Improvements Project. There was discussion among City Council Members and staff.  Minutes from the Petersburg City Council meeting held on: October 29, 2013 - 12 – ______________________________________________________________________________ Council Member Pritchett made a motion to authorize the City Manager to execute the change order to the contract for the Canal/Fleet Street improvements Project. 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-110b AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE CHANGE ORDER TO THE CONTRACT FOR THE CANAL/FLEET STREET IMPROVEMENTS PROJECT IN THE AMOUNT OF $39,785. d. Consideration of appropriating Congestion Mitigation and Air Quality Program (CMAQ) funds in the amount of $1,036,000 for continuation of the Hopewell Circular Transit Route. BACKGROUND: The Tri-Cities Area Metropolitan Planning Organization (MPO), which includes the Cities of Petersburg, Hopewell, and Colonial Heights and the Counties of Dinwiddie, Greensville, Surry, Sussex, Charles City, and Chesterfield recommended and identified, in the 2010 Tri-Cities Area Transit Development Plan, the need for a demonstration transit route for the City of Hopewell. During the study process of this plan, the project consultant developed a preliminary cost estimate of $454,000 for a loop route using a small transit vehicle. The consultant’s recommended route was modified slightly by the City of Hopewell. The final project recommendations were considered for funding under the MPO’s Congestion Mitigation and Air Quality Program (CMAQ). In 2010, the Tri-Cities Area MPO conducted a prioritization process of nine qualified candidate CMAQ project; and the Hopewell Circulator Route was identified as a candidate project both by the MPO and the City of Hopewell, ranking second highest priority. The final 2010 CMAQ project prioritization list was approved by the MPO Policy Committee and the CMAQ funds were to be administered by the Virginia Department of Rail and Public Transportation. In September 2011, the Petersburg Area Transit (PAT) assisted with the implementation of the Hopewell Circular route, by establishing a three year CMAQ Demonstration Grant. The passenger demand for the demonstration route quickly grew and exceeded the load capacity of the small transit vehicle. In 2012, PAT began using one of its spare 32ft. buses on this route. The previous estimated cost of the Hopewell Circulator Route was $454,000, which included the cost of a small transit vehicle and associated operating cost. Subsequently, the need for a larger vehicle with higher operating cost was identified by PAT. The total cost estimate for the demonstration route has been revised to $1,487,000. At this time, $1,036,000 of the $1,487,000 estimated cost has been made available by the MPO. After the three years demonstration period is over and final costs are incurred, the MPO will provide the remainder of the funds for this demonstration project. RECOMMENDATION: Recommend Council adopt the attached ordinance in the amount of $1,036,000. Vice Mayor Webb made a motion to adopt the appropriation ordinance in the amount of $1,036,000 for the Hopewell Circular Route. 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-111 AN ORDINANCE MAKING APPROPRIATIONS FOR THE MASS TRANSIT FUND, FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2013, AND ENDING JUNE 30, 2014 FOR THE HOPEWELL CIRCULAR ROUTE. e. Consideration of scheduling a public hearing on the issuance of a Special Use Permit to construct a governmental building at the corner of West Washington Street and North Union Street.  Minutes from the Petersburg City Council meeting held on: October 29, 2013 - 13 – ______________________________________________________________________________ BACKGROUND: City Council has authorized moving forward through the PPEA process for the construction of a New City Hall in an efficient manner to handle business and serve the needs of our citizens. The Zoning Ordinance requires governmental buildings to be approved by City Council. An office, which is not considered a public or governmental building, is permitted in the current zoning district by-right without the authorization from City Council. RECOMMENDATION: Recommend Council schedule a public hearing for the November 19, 2013, Council meeting. Council Member Myers made a motion to schedule a public hearing for November 19, 2013, for the issuance of a Special Use Permit to construct a governmental building at the corner of West Washington Street and North Union Street. 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 Voting No: Pritchett f. Consideration of appropriating FTA 503 Funds for PAT Marketing. BACKGROUND: The Tri-Cities Area Metropolitan Planning Organization (MPO), which includes Petersburg, Hopewell, Colonial Heights, the counties of Dinwiddie, Greensville, Surry, Sussex, Charles City and Chesterfield recommended and identified, in the FY14 Unified Transportation Planning Work Program (UTPWP), Section 5303 funds for a PAT marketing project. This project will increase awareness and promote additional use of PAT services by allowing the implementation of marketing and advertising through: Global Positioning Systems; scheduling and information on mobile devices; use of LED information signs; route maps; schedules; marketing materials; and, vehicle exterior and interior finishes. Section 5303 State and Federal grant funds have been allocated to the MPO through the Virginia Department of Rail and Public Transportation (DRPT) for PAT. The City of Petersburg will need to provide the required 10% local match for this project. RECOMMENDATION: Recommend Council adopt the actions to move forward. Council Member Wilson-Smith made a motion to appropriate FTA 503 Funds for PAT Marketing. 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-112 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 $152,168 FOR FTA 5303 FOR TRANSIT MARKETING. g. Consideration of appropriating funds for Edward Byrne Memorial Justice Assistance Grant. BACKGROUND: In 2007, the Petersburg Sheriff’s Office received a four year grant award from the Department of Criminal Justice Services to implement the Positive S.T.E.P.S. Re-entry Program. At the end of that grant cycle (2010), an award from the Cameron Foundation was received in October 2011 for a one year period. RECOMMENDATION: Recommend Council approve the FY2013 JAD Funds for the City of Petersburg in the amount of $28,250.00 appropriated to the Petersburg Sheriff’s Office for the continuation of the Positive S.T.E.P.S. Re-entry Program. Council Member Wilson-Smith made a motion to approve the FY2013 JAD Funds for the City of Petersburg in the amount of $28,250.00 appropriated to the Petersburg Sheriff’s Office for the continuation of the Positive S.T.E.P.S. Re-entry Program. 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, and Moore  Minutes from the Petersburg City Council meeting held on: October 29, 2013 - 14 – ______________________________________________________________________________ 13-ORD-113 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 $28,250 FOR SHERIFF – S.T.E.P.S. RE- ENTRY PROGRAM. Council Member Coleman stated that he would like to thank Mr. Wesley Nicholas for the fine presentation that he made at his ward meeting last night. He stated that he would like to thank Mr. Steven Hicks for also coming as well. Council Member Myers stated that he would like to announce that on November 12, 2013, the Governor and the First Lady will be appearing at the grand opening of the Freedom Support Center. He stated that he would like to thank the City Manager, City Attorney, the Mayor, and all the City Council Members for the support and the things that they are doing for the City’s veterans. He stated that he would like to also thank Reggie Lantz Mike Lyman and Mr. Hicks for their support. He stated it will be November 12, 2013, beginning at 2:00p.m. Council Member Wilson-Smith stated that she would like to suggest and ask for City Council’s support in having a work session sometime in January. She stated that this would be to review items that they have discussed throughout the year and follow through on things that have come up. She stated that she would like for the City to sponsor a health and poverty symposium. She stated that there are a number of different groups in the City that are working on health issues. She stated that she thinks that they need to come together and discuss this information collectively. She stated that she hopes that she can do this between February and March 2014. She stated that she would like to invite the public and City Council to a program being sponsored by Delegate Rosalyn Dance and herself. She stated that it is called the “Right-to-Know”. She stated that it is a program designed to give the citizens of Petersburg information about subjects that they hear about. 9. CITY MANAGER’S AGENDA: a. City Manager’s Report 1. Who owns Virginia Avenue School? a. Mr. Johnson stated that the building and ground are owned by Petersburg Public Schools. Council Member Pritchett asked that if the schools are owned by Petersburg Public Schools and the City has a plan to use it for something then how they would get it from the schools. He asked Mr. Telfair if this is a simple transfer. Mr. Telfair stated that there are numerous ways in how a transfer can occur. He stated that the school can agree to sell it to the City for $1 or to donate it to the City. b. Review of the proposed 2014 Legislative Agenda. Mr. Johnson stated that all City Council Members should have a revised agenda in front of them. He stated that Social Services were removed from the agenda. He stated that staff is seeking any questions or changes to the agenda so that they can bring it back at the next meeting for formal adoption. Mayor Moore asked if the next formal meeting will be after the house and senate meet. Mr. Johnson stated that he is not sure of the date.  Minutes from the Petersburg City Council meeting held on: October 29, 2013 - 15 – ______________________________________________________________________________ Council Member Wilson-Smith asked that if the school board has not approved the education piece will City Council still be able to vote on it or will they have to wait for the board to approve it. Mayor Moore stated that the chair and superintendent are in support of this information regarding education in the Legislative Agenda. Council Member Wilson-Smith stated that she spoke to the chair today and that he stated that they had conversation on it but had not voted on it yet. She stated that this is the reason why she was questioning the information on education. Council Member Myers made a motion to adopt the 2014 Legislative Agenda. 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, Webb, and Moore; Voting No: Wilson-Smith 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 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 10:30 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor