City Council

Minutes from the Petersburg City Council meeting held on: February 4, 2014 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, February 4, 2014, 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 K. 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 (3) of the Code of Virginia, and specifically under the Subsection 3 to discuss acquisitions or disposal of real property, where discussion in open session would adversely affect the bargaining position; and under Subsection 7 to consult with legal counsel regarding pending or probable litigations, where discussion in an open meeting would adversely affect the position of the City. 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 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 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 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 14-R-06 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  Minutes from the Petersburg City Council meeting held on: February 4, 2014 -2– ______________________________________________________________________________ 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 Myers. 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 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. William E. Johnson, III, City Manager, stated he would like to have the newest City employee, Brian Little to stand. He stated that Mr. Little is the new Cultural Affairs Special Events Manager. He stated that Mr. Little has been part of the City for two weeks. He stated that Mr. Little has been a welcome addition to the team and that he would like everyone to welcome him. He stated that at everyone’s seat is some of the information and work from Mr. Little regarding Black History in the City. 4. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS: (Each presentation will be limited to 10 minutes.) No items for this portion of the agenda. 5. CONSENT AGENDA: No items for this portion of the agenda.  Minutes from the Petersburg City Council meeting held on: February 4, 2014 -3– ______________________________________________________________________________ 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.) a. In accordance with the Code of Virginia, as amended, 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. 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 2012, 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: The Office of the City Attorney respectfully withdraws these ordinances from the Agenda for Public Hearings. Brian Telfair, City Attorney, stated that there are numerous lien holders and judgment creditors on each one of the properties. He stated that the City is in the process of trying to identify them and get in contact with them with the best notification. He stated that a continuance is fine with the public hearing at a future meeting.  Minutes from the Petersburg City Council meeting held on: February 4, 2014 -4– ______________________________________________________________________________ 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. Aaron Wiggins, 36 North Union Street, stated that on January 2009, Octa Pharma is the largest plasma company in the world. She stated that she would like to know why the City does not have its own plasma center. She stated that the money would come back to the City. She stated that this would bring money to the City and help the people in the City. She stated that this plasma company that is on Crater Road, the owner is filthy rich. She stated that she does not understand why the City cannot make any of this money. James Walker, 815 McKenzie Street, stated that he just found out about the meeting. He stated that he is a resident of Petersburg. He stated that he went to Petersburg High School and he was a student athlete in the school system as well. He stated that played basketball for Petersburg Schools and that this is what he is mostly known for. He stated that he was also in the military and that this is how he got out of Petersburg. He stated that a lot of people do not make it. He stated that he went to school with Kendall Langford who is in the NFL. He stated that they graduated together. He stated that his presentation is on a facility for kids in Petersburg. He stated that he hears a lot of people talk about the area. He stated he is from Petersburg and the house that he was born in was actually torn down. He stated that he feels a lot for the City. He stated that he found a building which is a warehouse that he has put information in the packets that he handed out. He stated that the first page is of pictures of children that he has worked with. He stated that there is a picture of Terneil Rhodes who played for four years and that he got killed in the City. He stated that there are a lot of people from Petersburg that are athletic and successful. He stated that he has statistics of kids that play sports and do well in most areas in schools. He stated that the recreation department is in the City but that it is not for the children. He stated that he started a youth program off Route 36 but that he could not find a facility. He stated that he had people that would pay for the jerseys for 15 children. He stated that he called the churches but they wanted him to pay. He stated that for someone trying to start something it is kind of hard to get money. He stated that he has information on how much it would cost to get the gym built. He stated that he spoke with the gentleman and he stated that he would come to Petersburg to speak with them on getting the gym built. He stated that the company goes and build gymnasiums. He stated that he found a warehouse in Petersburg and that it was included in the packet. He stated that he also has ways that they can help generate the money for the City. He stated that when he was in North Carolina he helped generate more than $90,000 with United Way. He stated that he would be more than happy to come up with a plan and he is more than sure that this would help the City and that this would be successful. John Macklin, 1708 South Halcun Drive, stated that it has once been said that when you fail to honor a man that deserves praise then two sad things happen. He stated that the City deprives their selves of privileges and rewards. He stated that he would like to praise City Council for their accomplishments of being members of City Council of the City of Petersburg. He stated that he believes that it is an honor to serve this great City. He stated that he would also like to say that they would like to thank Dr. Martin Luther King, Jr, who gave his life so that everyone would be able to enjoy the privilege that we have tonight. He stated that he would also like to give honor and praise to a friend of his who he has not seen in a long time who worked with him over 25 years as he served on Crater Community Relations and Affairs. He stated that he stopped but that this person continued to go on to City Council and give his input in ways that it may help the citizens of Petersburg. He stated that this person is Linwood Christian. He stated that he is so thankful to see a person that is dedicated and that has not given up after all these years. He stated that he would like to give Mr. Christian his praise right now.  Minutes from the Petersburg City Council meeting held on: February 4, 2014 -5– ______________________________________________________________________________ Brandon Martin, 1546 Berkeley Avenue, stated that he would like to pick up on some brief comments from the last City Council meeting in regard to amending the City Code for public procurement. He stated that the hallmark for the Virginia Public Procurement Act is transparency. He stated that the City has stepped away from this in his opinion by declaring the RFB and RFP files are not open to the public inspections. He stated that he ask that they look at the PPEA and see what they have done in the spirit and letter of the law. Linwood Christian, 410 Mistletoe Street, stated that he would like to respond to Mr. Macklin and say that he really appreciates it. He stated that at times he asks himself why do they keep on doing this when there are City Council Members who do not listen when you have administers who look at you as if you are the enemy. He stated that when he sees the young man that came before Council tonight and his own son then he realizes that it is not a “me” thing it is for the City. He stated that sometimes you have to fight for the good things that you want. He stated that when the City talks about health there has been a lot of emphasis on this subject. He stated that what continues to bother him and will bother him is that the City has based the economic development on Southside Regional Medical Center. He stated that the people in Petersburg are not healthy. He stated that the City has one of the highest AIDS/HIV rate in the Crater Health District. He stated that the teen pregnancy rate is also through the roof. He stated that people have to continuously go to Richmond to get the care that they need. He stated that when he was going through chemo, because Southside Regional Medical Center did not specialty in the type of lymphoma that he had, he had to travel to Richmond to get treatment. He stated that when you have come off four hours of chemo and he had to drive and got pulled over because he was swerving from the treatment. He stated that most of his clients and the HIV positive citizens have to go to Richmond. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of authorizing payment of legal fees for Councilman Kenneth Pritchett BACKGROUND: Councilman Ken Pritchett has requested payment of the legal fees he incurred in his lawsuit against the other members of City Council. RECOMMENDATION: Staff cannot make a recommendation on this matter. Council Member Pritchett gave a brief overview of the request for payment of legal fees. There was discussion among city Council, staff and Kwamina Williford, attorney representative of Holland Knight Law Firm for City Council Members. Councilman Wilson-Smith made a motion for the City to pay for the requested payment of legal fees for Council Member Ken Pritchett. Motion dies for lack of a second. Council Member Pritchett stated that he is sorry to say that he will have to take further legal action and that it may come to the point that each City Council Member will be responsible, if he wins the case, for their fair share of the expenses presented today plus future expenses. Council Member Pritchett stated to Mr. Johnson that he rode by Upper Appomattox Street and that he requested during the Christmas season that there was a mattress in the ditch near 1133 Appomattox Street and that it be removed. He stated that also on the 1200 block of the same street that a sofa be removed so that the City would not look bad to visitors. He stated that unfortunately due to the bad weather that it could not be removed. He stated that the items are still in the ditch and he would like it if these items would be removed.  Minutes from the Petersburg City Council meeting held on: February 4, 2014 -6– ______________________________________________________________________________ Council Member Wilson-Smith stated that she would like for City Council to consider by the nest meeting some dates for City Council to have a couple of workshop meetings. She stated that she thinks that they need to have these meetings so that everyone can come update on items that were discussed earlier. She stated that there are items that need to be followed through on such as a college that was supposed to come to the StarTek building. She stated that this is two years old and that she would like to know where it is. She stated that she thinks that they need to look at evaluations in the workshop. She stated that she would like to get some updated information on the volunteer program. She stated that she thinks that there are a lot of things that City Council has discussed and that she thinks that they need to take some times in a workshop and follow-up on this. She stated that she would like to have some dates if possible at the next City Council meeting. Vice Mayor Webb stated he would like to comment on the good work that the Public Works Department did during the snow period last week. He stated that he thinks that they were on 12 hour work shifts. He stated that they worked all night during last week. He stated that they did a good job and that there were a lot of good comments. Mayor Moore stated that he would also like to concur on the good remarks to the Public Works Department. He stated that there many good comments on the cleaning of the City streets. He stated that he would like to note that Mr. Frederick Wiggins with Progress-Index will not be covering City of Petersburg anymore. He stated that he is in transition and that tonight is his last coverage. Mayor Moore wished Mr. Wiggins luck in his transition. 9. CITY MANAGER’S AGENDA: a. Consideration of the appropriation of a grant award from the National Endowment for the Humanities. BACKGROUND: The Petersburg Public Library has received a grant from the National Endowment for the Humanities to conduct several creative public programs around the themes of the National Endowment for the Humanities-funded films in the “Created Equal” series. This series, “Created Equal: America’s Civil Rights Struggle”, is a packaged set of films on Civil Rights history offered to 473 communities across the nation. Petersburg is one of 21 communities in Virginia to receive the grant. Launched in 2013 to coincide with the 150th anniversary of the Emancipation Proclamation, “Created Equal: aims to encourage public conversations about the changing meanings of freedom and equality in U.S. history. RECOMMENDATION: Recommend Council appropriate the attached appropriation ordinance in the amount of $1,200. Councilman Myers made a motion to adopt the ordinance in the amount of $1,200 from the National Endowment for the Humanities. 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-08 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 $1,200 FOR NATIONAL ENDOWMENT FOR THE HUMANITIES. b. Mr. Johnson stated that there is a request that a public hearing be scheduled for Tuesday, March 4, 2014, for the disposition for City owned property at 108 West Washington Street.  Minutes from the Petersburg City Council meeting held on: February 4, 2014 -7– ______________________________________________________________________________ Vice Mayor Webb made a motion to schedule a public hearing for March 4, 2014, for the disposition for City owned property at 108 West Washington Street. 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; Abstain: Pritchett 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): No closed is necessary. 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 8:15 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor