City Council

Minutes from the Petersburg City Council meeting held on: January 21, 2014 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, January 21, 2014, at the Union Train Station. Mayor Moore called the meeting to order at 7:30p.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 K. 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: (Each presentation will be limited to 10 minutes.) a. Proclamation designating January 21, 2014, as Virginia State University Gospel Choral Day. Item “A” has been removed from the agenda to be scheduled at a future City Council Meeting. b. Presentation on the Fort Lee Joint Land Use Study BACKGROUND: Vagn K. Hansen II, Project Planner for Benchmark CMR, Inc., will present information about the Fort Lee Joint Land Use Study. Council will also consider a Resolution endorsing the Fort Lee Joint Land Use Study Final Report this evening. RECOMMENDATION: For information only. Denny Morris, Crater Planning District, gave a brief overview on the Fort Lee Joint Land Use Study. Vagn K. Hansen II, Project Planner for Benchmark CMR, Inc., gave brief PowerPoint Presentation. There was discussion among City Council Members. 5. CONSENT AGENDA: a. Minutes of the Council meetings held on December 10, 2013, and January 7, 2014.  Minutes from the Petersburg City Council meeting held on: January 21, 2014 -2– ______________________________________________________________________________ Council Member Coleman made a motion to approve the consent agenda. 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, Moore 6. OFFICIAL PUBLIC HEARINGS: (In accordance with the Rules of Council, public comment will be heard before discussion by Council. Once discussion has started, no further input from the public will be accepted. Each speaker will be limited to three (3) minutes.) No public hearings under this portion of the agenda. 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. Richard Stewart, 129 Rolfe Street, stated that he is present today to remind everyone how important the rest of this week is. He stated that this is pertaining to Martin Luther King Week. He stated that it is so important that he believes that the citizens of Petersburg forget from which everyone comes from. He stated that he came from a great civil rights movement. He stated that to stand present today and look at the member of City Council to think where they came from in 1952 when he started and see a predominant black City Council. He stated that it is a miracle. He stated that even less than ten feet from where everyone is sitting his mother once worked here as a cook in this segregated place. He stated that where everyone is sitting today was not for them. He stated that there was a bar in back. He stated that they have come a long ways with race relationship in the City. He stated that he has not been present but that he has been keeping up with everyone. He stated that there are some projects going on in the City and that they should not turn back. He stated that they should look at Sycamore Street and how it has improved. He stated that they used to boycott Sycamore Street. He stated that Petersburg has come a long way. He stated that they should forget about race and not think about a color barrier. He stated that they should think of what is good for everyone. He stated to not forget about Martin Luther King’s dream as a reality. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of a Resolution endorsing the Fort Lee Joint Land Use Study Final Report. BACKGROUND: The Crater Planning District Commission with the Counties of Chesterfield, Dinwiddie, and Prince George and the Cities of Colonial Heights, Hopewell, and Petersburg joined together to prepare the Fort Lee Joint Land Use Study in order to enhance land use coordination between Fort Lee and the surrounding communities. RECOMMENDATION: Recommend Council adopt the attached Resolution endorsing the Fort Lee Joint Land Use Study Final Report. Vice Mayor Webb made a motion to adopt the resolution endorsing the Fort Lee Joint Land Use Study Final Report. 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 14-R-3 A RESOLUTION ENDORSING THE FORT LEE JOINT LAND USE STUDY (JLUS) FINAL REPORT.  Minutes from the Petersburg City Council meeting held on: January 21, 2014 -3– ______________________________________________________________________________ b. Consideration of a resolution designating the area identified as Butterworth’s Building Condominium, addressed as 132-34-36 North Sycamore Street, as a revitalization area. BACKGROUND: The tax credit program offered by Virginia Housing and Development Authority requires the City of Petersburg to adopt a resolution showing support for the Butterworth development. The State requires that the locality show that the proposed development is within a revitalization area within the City. The resolution supports the need for the project and the tax credits to finance the project. The development aims to provide affordable and mixed-income housing units, as well as an economic component, which will provide job opportunities for the residents of Petersburg. RECOMMENDATION: Recommend Council adopt the attached resolution. Council Member Myers made a motion to adopt the resolution designating the area identified as Butterwort’s Building Condominium, addressed as 132-34-36 North Sycamore Street, as a revitalization area. 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 14-R-4 A RESOLUTION DESIGNATING THE AREA IDENTIFIED AS BUTTERWORTH’S BUILDING CONDOMINIUM, ADDRESSED AS 132-34-36 NORTH SYCAMORE STREET, AS A REVITALIZATION AREA. c. Consideration of authorizing the City Manager to execute an interim agreement between the City of Petersburg and Prestige/English Joint Venture for the development of the new City Hall. BACKGROUND: The City of Petersburg desires to move to a New City Hall in an effort to more efficiently handle City business and serve the needs of our citizens. The current City Hall is located in a building that was built in 1856 as a Customs House / Post Office and was remodeled as City Hall in 1938. At its meeting on January 14, 2014, Council voted to move forward with the development of a New City Hall for the City of Petersburg. An interim agreement between the City and Prestige/English Joint Venture for the development of a New City Hall is attached for your review. RECOMMENDATION: Recommend Council authorize the City Manager to execute an interim agreement between the City of Petersburg and Prestige/English Joint Venture. There was discussion among City Council Members. Council Member Coleman made a motion to authorize the City Manager to execute an interim agreement between the City of Petersburg and Prestige/English Joint Venture. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Voting No: Pritchett Council Member Pritchett made a motion that the City of Petersburg holds a referendum in November 2014 so that the citizens can vote on whether they approve a New City Hall. Motion dies for lack of second. 14-ORD-4 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERIM AGREEMENT BETWEEN THE CITY OF PETERSBURG AND PRESTIGE/ENGLISH JOINT VENTURE.  Minutes from the Petersburg City Council meeting held on: January 21, 2014 -4– ______________________________________________________________________________ d. Consideration of authorizing the City Manager to execute an interim agreement between the City of Petersburg and The Center for Public Communications for support of the Healthy Living and Learning Center at the Petersburg Public Library. BACKGROUND: The Petersburg Public Library System (PPLS) continues its unique partnership with Virginia Commonwealth University/Massey Cancer Center and the Petersburg Health Department to create the Petersburg Public Library Healthy Living and Learning Center. The Center was created and opened at PPLS in August 2012. This is the second year the Library has received grant funding from the National Library of Medicine, through its partner The Center for Public Services Communications (CPSC). Last year’s grant developed a health information outreach and awareness campaign, implemented an education and training program for librarians and health educators working in the Center, and established a Women’s Health Resource section in the Center. This year’s grant developed a health information outreach and awareness campaign, implemented an education and training program for librarians and health educators working in the Center, and established a Women’s Health Resource section in the Center. This year’s grant will develop a Continuing Medical Education (CME) program directed at physicians and health care providers, develop and implement an internship/volunteer program, and expand marketing programs to the healthcare community. RECOMMENDATION: Recommend Council authorize the City Manager to execute an agreement between the City of Petersburg and the Center for Public Communications. Council Member Wilson-Smith made a motion to authorize the City Manager to execute an agreement between the City of Petersburg and the Center for Public Communications.. 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 14-ORD-5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF PETERSBURG AND THE CENTER FOR PUBLIC COMMUNICATIONS. e. Consideration of a request to schedule a public hearing on proposed ordinances declaring 435 Byrne Street, 1328 Baylors Lane, 1330 Halifax Street, and 1457 Ferndale Avenue as blighted properties and nuisances to the community. BACKGROUND: Information is provided for the following properties: 435 Byrne Street: This property has had a couple of grass violations and in 2009 a property maintenance inspection was conducted. The result of the inspection required this property to maintain its exterior walls and structures, to include roof and painting, and repair decorative features. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 435 Byrne Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $50,000.00 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. 1328 Baylors Lane: In 2009, a property maintenance inspection was conducted resulting in a report to keep the exterior clean, to repair gutters and the front porch, and to remove garbage from the property. In 2012, the subject property also received a notice to secure the home. The Petersburg Fire Department- Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 1328 Baylors Lane has failed or refused to repair said property. The estimated cost of abatement of this property, so that it is no longer a nuisance, is approximately $20,000.00 and the Code of Virginia sec. 36- 49.1:1 (G) allows for the recovery of such costs from the property owner.  Minutes from the Petersburg City Council meeting held on: January 21, 2014 -5– ______________________________________________________________________________ 1330 Halifax Street: In 2007, this property received a notice of violation for failure to maintain the exterior. In 2008, this property received another notice of violation for failure to maintain the property. In 2009, another inspection was conducted with the same results, with the additional finding of rodent harborage. In 2011, a housing report deemed the property a public nuisance because the property was considered to be in total disrepair and the Housing Inspector recommended the house be repaired or demolished. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 1330 Halifax Street has failed or refused to repair the property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $5,500.00, and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. 1457 Ferndale Avenue: In 2009, a notice of violation was issued due to tall grass and unsecured property. Also, in 2009, a letter was sent deeming the house unsafe. In 2011, two notices to secure the property were sent to the owner and later that year a letter to repair or demolish the home was mailed to the owner. In 2013, a notice of hazard was sent to the owner from the fire department because the property was not secure. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 1457 Ferndale Avenue has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $5,500.00, and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council schedule a public hearing on the proposed ordinances pertaining to 435 Byrne Street, 1328 Baylors Lane, 1330 Halifax Street, and 1457 Ferndale Avenue for February 4, 2014. Council Member Myers made a motion to schedule a public hearing on the proposed ordinances pertaining to 435 Byrne Street, 1328 Baylors Lane, 1330 Halifax Street, and 1457 Ferndale Avenue on February 4, 2014. 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 Council Member Pritchett stated that he requested that the matter of attorney fees be on the agenda. He stated that he sent it in based on time frame and information that was requested. Mr. Telfair stated that there was certain information that was requested from Council Member Pritchett before it is placed on the agenda. He stated that although some documents were turned in it is not complete. He stated that Council Member Pritchett did not meet the deadline that was given from the mayor. Council Member Pritchett stated that there was no particular information in the email that requested certain documents. There was discussion among City Council Member Pritchett and Mr. Telfair regarding information needed for the request of payment of legal fees. 9. CITY MANAGER’S AGENDA: a. City Manager’s Report. 1. Will the City pave the street leading to the Skate Factory? a. Mr. Johnson stated that the road leading to the Skate Factory is privately owned. He stated that he does know that Michelle Peters, Director of Planning and Community Development, sent the property owners a letter notifying them that it is their responsibility. There was discussion with City Council Members and Mrs. Peters pertaining to communication with the owners.  Minutes from the Petersburg City Council meeting held on: January 21, 2014 -6– ______________________________________________________________________________ b. Appropriation of Federal Transit Administration (FTA) and Department of Rail and Public Transportation (DRPT) Funds for Mass Transit in the amount of $843,551. BACKGROUND: Federal and state capital funding programs makes resources available to Petersburg Area Transit for transit capital, preventative maintenance, and transportation related planning activities. Eligible activities include planning, engineering design, evaluation of transit projects, and other technical transportation-related studies; capital investments in bus and bus-related activities such as replacement of buses, overhaul of buses, rebuilding of buses, crime prevention and security equipment, and construction of maintenance and passenger facilities; and capital investments in new and existing fixed guide way systems including rolling stock, overhaul and rebuilding of vehicles, track, signals, communications, and computer hardware and software. These funds will increase awareness of PAT service improvements and position PAT for future success as a significant multi-modal transportation center in the region. Federal Transit Administration and the Department of Rail and Public Transportation funds became available July 2013. RECOMMENDATION: Recommend Council adopt the attached ordinances in the amounts of $758,551 and $85,000. Vice Mayor Webb made a motion to adopt the ordinance in the amount of $758,551 and $85,000. 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 14-ORD-6 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 TRANSIT CAPITAL GRANT IN THE AMOUNT OF $758,551. 14-ORD-7 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 TRANSIT MANAGEMENT PROJECT IN THE AMOUNT OF $85,000 10. CLERK OF CITY COUNCIL'S AGENDA: No items for this portion of the agenda. 11. CITY ATTORNEY’S AGENDA: No items for this portion of the agenda. 12. CLOSED SESSION (IF NECESSARY): 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 Virginia Freedom of Information Act, and specifically for the discussion of certain public officers and or appointees, and under Subsection 5 to discuss prospective business or industry. Council Member Myers moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Vice Mayor Webb. There was no discussion on the motion, which was approved unanimously on voice vote. City Council entered closed session at 8:28 p.m. CERTIFICATION:  Minutes from the Petersburg City Council meeting held on: January 21, 2014 -7– ______________________________________________________________________________ Council Member Myers 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 14-R-5 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. 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 8:54 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor