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City Council

Regular Meeting

Petersburg, VA · March 18, 2014

AgendaMinutes

Minutes

Minutes from the Petersburg City Council meeting held on: March 18, 2014 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, March 18, 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 March 18, 2014, as Virginia State University Gospel Chorale Day. Mayor Moore read the proclamation out loud. VSU students accepted the proclamation and thanked the City and the citizens for the proclamation and recognizing them. The Virginia State University Gospel Chorale sang three songs. b. Proclamation designating March 23-29, 2014, as Boys and Girls Club Week. Mayor Moore read the proclamation out loud. He acknowledged Asan Elleby and Desiree Wiggins with certificates for 2014 Youth of the Year. Marvin Green, Director of Petersburg Boys and Girls Club, stated that he thanks the City for their proclamation and also acknowledging the two students for the Youth of the Year award. He stated that he extends the invitation for everyone to come out and join them in the celebration. He stated that they have career day and they have an event on Saturday where they will be cooking out. He stated that he hopes that it does not snow so that they can have their events. c. Proclamation designating March 9-15, 2014, as Girl Scout Week. Minutes from the Petersburg City Council meeting held on: March 18, 2014 -2– ______________________________________________________________________________ Mayor Moore read the proclamation out loud. Council Member Wilson-Smith accepted the proclamation for the Girl Scouts. Senior Girl Scout, Mya, thanked everyone on behalf of the Girl Scouts for the proclamation. d. Proclamation designating March 2014 as Purchasing Month. Mayor Moore read the proclamation out loud. Tangela Innis, Purchasing Agent, stated that the City of Petersburg Purchasing Office strives to be one of the best leaders in class. She stated that they would like to thank the City Manager, Finance Director, City Attorney’s Office and City Administration for their leadership, guidance and their support as they strive in assisting the City move forward with their mission and value. 5. CONSENT AGENDA: a. Minutes of the regularly-scheduled Council meeting held on February 18, 2014. Council Member Coleman made a motion to accept 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, and 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.) a. As required by the Code of Virginia, as amended, a public hearing on an amendment to Chapter 70 of the Code of the City of Petersburg, pertaining to false alarm fees. BACKGROUND: A review of the data of time spent responding to false alarms in the City of Petersburg in 2013 has revealed: 1) there were approximately 3,700 false alarms in the City of Petersburg in 2013, 2) there was an estimated cost to the City of over $70, 000 for time spent at false alarm calls; 3) the false alarm call responses led to displacing police officers from other crime preventing initiatives. Staff recommends the following changes to the existing ordinance: #70-124 – change from “user data form” to “alarm permit” required for alarm users. #70-127 – entirely change the fee schedule as follows: Current Proposed 1st false alarm to 6th - No Fee 1st and 2nd false alarm- No Fee 7th false alarm - $15 3rd false alarm- $50 8th false alarm - $25 4th false alarm- $75 9th false alarm - $35 5th false alarm- 100 10th false alarm - $50 6th and subsequent- $125 11th false alarm - $75 12th false alarm – removal from response #70-128 – removes “reinstatement” #70-129 – change from Police Department notifying Finance monthly of violators to Officers issuing citations when the violation occurs and forwarding to Finance on a daily basis. #70-130 – clarifies penalty for failure to respond, and also reduces fine. Minutes from the Petersburg City Council meeting held on: March 18, 2014 -3– ______________________________________________________________________________ #70-131 – Procedure for appeals. #70-132 – failure to notify of alarm test treated as a deliberate false alarm. RECOMMENDATION: Recommend that Council adopt the attached ordinance making amendments and additions to Petersburg City Code, Section §70-124, and Sections §§70-127 – 70-132. Captain Brian Braswell, Petersburg Police Officer, gave a brief overview of the amendments and additions to Petersburg City Code, Section §70-124, and Sections §§70-127 – 70-132. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Pritchett made a motion to adopt the ordinance amending the Petersburg City Code, Section §70-124, and Sections §§70-127 – 70-132, with the additions of changing the 3rd fee to $25, 4th fee to $50, 5th fee to $75, and the 6th fee to $100. 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, and Moore; Voting No: Wilson-Smith, Webb 14-ORD-17 AN ORDINANCE TO AMEND AND REORDAIN SECTION 70-124 OF ARTICLE IV, OF CHAPTER 70; SECTION 70-127 OF CHAPTER 70, CHANGING THE SCHEDULE OF FEES; SECTION 70-128; SECTION 70-129, SECTION 70-130; AND TO ADD SECTION 70-131, APPEALS PROCESS CONTESTING ASSESSMENTS OR CIVIL PENALTIES; ADD SECTION 70-132, REQUIRING PAYMENT FOR FAILURE TO NOTIFY POLICE, OF THE 2000 CODE OF THE CITY OF PETERSBURG, AS AMENDED. b. As required by the Code of Virginia, as amended, a public hearing on the proposed abandonment of Hartley Street, two alleyways adjacent to Hartley Street, and one alleyway adjacent to Gressett Street. BACKGROUND: The Public Works Department, the City Attorney’s office, and the Fire Department have reviewed the application to abandon Hartley Street, two alleyways adjacent to Hartley Street, and one alleyway adjacent to Gressett Street. There are several lots that have frontage on Hartley Street that are now under ownership of one owner. The owner is requesting the abandonment of the rights-of-way to accommodate proposed future development. Staff does not believe vacation of Hartley Street will adversely impact the City of Petersburg or the Department of Public Works. We recommend approval of this request. The Fire Department and the City Attorney’s office support the request with the condition that easements are provided that may be required for City maintained infrastructure. The applicant will have to provide easement plats for any existing public utilities that require active maintaining. The applicant will be responsible for all research, platting, and recordation fees associated with the easements. RECOMMENDATION: Recommend Council adopt the attached ordinance abandoning the subject public rights-of-way. Tennille Wade, City of Petersburg Engineer, gave a brief overview of the ordinance abandoning the public right-of-way. Mayor Moore opened the floor for public comment. Minutes from the Petersburg City Council meeting held on: March 18, 2014 -4– ______________________________________________________________________________ Seeing no hands, Mayor Moore closed the public hearing. Vice Mayor Webb made a motion to adopt the ordinance abandoning the subject right-of-way. 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 14-ORD-18 AN ORDINANCE APPROVING THE REQUEST FOR THE ABANDONMENT OF HARTLEY STREET AND AN UNNAMED ALLEY RIGHT-OF-WAY THAT EXTENDS SOUTH FROM HARTLEY STREET BETWEEN TAX PARCELS 031-03-0047 AND 031-03-0048 AND ENDS AT GRESSETT STREET AND AN UNNAMED ALLEY RIGHT-OF-WAY THAT EXTENDS FROM GRESSETT STREET BETWEEN TAX PARCELS 031-03-0002 AND 031-03-0004 AND ENDS AT THE PROPERTY LINE OF TAX PARCEL 031-03-0006. 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. Pastor Robert Diggs, 1970 N. Westchester Drive, stated that he was in Joyner’s Paint store and saw something on the wall that interested him. He stated that two of the paintings were of Wilcox Lake. He stated that he would like to present them to the Mayor and City Manager for the walls of the New City Hall. He stated that he also has one that is of the Petersburg Harbor. He stated that this would be for the need to dredge the river. He stated that he also has a picture of Central Park as well. He stated that what is neat about the Wilcox lake area is that it has water and a white sand beach. He stated that he also would like to commend the City Manager, the Mayor and the Cultural Affairs Committee for putting on one of the most marvelous black history months events in the history of the City. He stated that he would like to give them a framed copy of the events calendar poster. Karin Butts, 1837 Powhatan Avenue, stated that she has been a resident of Petersburg since 1991. She stated that she is not happy with how the City is looking. She stated that there are two homes on her street that she has talked with the City Manager on numerous times. She stated that she has contacted Council Member Pritchett. She stated that the houses are totally dilapidated and that this is not the view that she likes to look at every morning when she opens her shutters. She stated that the houses have gotten even worse. She asked City Council Members what they are going to do about all the dilapidated homes in the City. She stated that she pays her taxes and she does not like the view that she is getting. She stated that it should not take 16 to 18 years to do this. Mr. Johnson stated that 1842 Powhatan Avenue has been sent a spot light letter. He stated that 1814 Powhatan has been issued a court letter to make repairs by June 2, 2014. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of amending the FY13-14 operating budget for Petersburg Area Transit. BACKGROUND: PAT’s original Operating Budget of $1,911,748 represents a projection of FY13- 14 revenue. Since the FY13-14 budget was adopted, additional funds have been identified due to new revenue sources as well the lack of operational changes made due to the decision not to make some of the route changes and eliminations that were originally proposed in the budget. The additional funds are from advertising revenue, the Federal Transit Administration, and the Commonwealth of Virginia. This additional Minutes from the Petersburg City Council meeting held on: March 18, 2014 -5– ______________________________________________________________________________ revenue would increase the Petersburg Area Transit FY13-14 budget to $2,480,387. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance in the amount of $568,639, thereby increasing the PAT FY13-14 budget from $1,911,748 to $2,480,387. Dironna Belton, Petersburg Area Transit Manager, gave an overview of amending the FY13-14 operating budget for Petersburg Area Transit. Council Member Myers made a motion to approve the appropriation ordinance in the amount of $568,639, thereby increasing the PAT FY13-14 budget from $1,911,748 to $2,480,387. 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 14-ORD-19 AN ORDINANCE MAKING APPROPRIATIONS FOR THE MASS TRANSIT FUND, FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2013, AND ENDING JUNE 30, 2014 TO INCREASE TRANSIT OPERATING BUDGET. b. Consideration of a Resolution authorizing the City Manager to seek approval from the other members of the Riverside Regional Jail Authority to transfer all of the City’s inmates from the Petersburg City Jail and Annex to the Riverside Regional Jail. BACKGROUND: Moseley Architects prepared a report titled, “Jail Facility Assessment and Community Based Corrections Plan for Petersburg City Jail,” identified the closing of the current Jail and Annex and transferring all of the City’s inmates to the Riverside Regional Jail as an alternative to building a new jail at a cost of approximately $22,000,000.00. The “Analysis of Potential Options for Meeting the City’sJail Needs Study,” conducted by Davenport & Company, LLC., concluded that the savings to the City by closing the Jail and its Annex and transferring all of the City’s inmates to the Riverside Regional Jail exceeds $1,100,000.00 per year. RECOMMENDATION: Recommend Council adopt the attached Resolution. Brian Telfair, City Attorney, gave an overview of the attached Resolution authorizing the City Manager to seek approval from the other members of the Riverside Regional Jail Authority to transfer all of the City’s inmates from the Petersburg City Jail and Annex to the Riverside Regional Jail. Sheriff Vanessa Crawford stated that Mr. Telfair stated that this is a beginning process. She stated that resolution gives an essence that if approved it gives the authority to the City Manager to ask the Riverside Regional Jail Authority and vote on sending the inmates to Riverside Regional Jail. She stated that she would ask that City Council look at the information that she has provided for them and follow through what the recommendations were from the Moseley Architects who the City paid $50,000 for their consultants. She stated that she would ask that their recommendation be followed through and find out what the financial impact would be to send the inmates to Riverside Regional Jail prior to approving this resolution. There was discussion was among City Council Members. Council Member Myers made a motion to table the consideration of a Resolution authorizing the City Manager to seek approval from the other members of the Riverside Regional Jail Authority to transfer all of the City’s inmates from the Petersburg City Jail and Annex to the Riverside Regional Jail. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore Minutes from the Petersburg City Council meeting held on: March 18, 2014 -6– ______________________________________________________________________________ c. Consideration of a request to schedule a public hearing on the proposed uses of Community Development Block Grant (CDBG) funds for 2014-2015. BACKGROUND: The City is an entitlement participates in the CDBG Program. The City prepares and submits a CDBG Annual Action Plan to HUD by May 15th of each year. RECOMMENDATION: Staff recommends that the public hearing be set for April 1, 2014. Staff recommendations for the use of CDBG funds for 2014-2015, including the reprogramming of funds from prior years, includes: Funds to be reprogrammed include: 2011-2012 Porterville Improvements $40,527.37 2011-2012 Halifax Study $2,964.85 2008-2009 Van Buren Estates $344.78 2012-2013 CARES Inc. $202.36 2012-2013 TRIAD $1,418.00 2012-2013 Interfaith Adult Day Care $263.25 2012-2013 Police Youth Enhancement $21.97 2012-2013 Lee Park Tennis Courts 958.45 2013-2014 Contingency for Cost Overruns $31,250.00 2013-2014 Administration $40,000.00 Total Funds to be Reprogrammed $117,951.03 The proposed uses of allocated funds for 2014-2015 are as Citizens Staff follows: Advisory Recommen Committee ded Recommend ed YMCA -Provides swimming lessons for 300 children, services for 24,000 20,000 980 in total. Foster Grandparents - Provides meal, transportation, stipends for 72 5,000 5,000 seniors. Boys & Girls Club – Facility improvements serving 100 children a 20,000 15,000 day. CARES - For operating expenses for shelter serves 111 women and 15,000 20,000 children a year. CARES - To install heating/air conditioning in Pantry at 120 E. 15,000 18,500 Washington Street. Project Homes - Provides for repairs to homes owned by low income 152,000 152,000 families. HOPE Center – Facility improvements for services to low income 10,000 12,500 families. Serenity - Services for clients for HIV/AIDS. 10,000 0 TRIAD - Provides for seniors to reduce the fear of crime and 17,000 0 victimization. Siege Museum - Provide for repairs to the roof of the Siege Museum. 220,000 200,000 Pathways - Works with unemployed and underemployed to provide 25,000 0 skills training. Lee Park Improvements - Provides for the replacement of restrooms 80,000 100,000 and parking. Salvation Army - Provides emergency and transitional shelter for 10,000 10,000 homeless men. Rte. 36 Sidewalks - Provides sidewalks along right side Rte. 36 0 50,000 Minutes from the Petersburg City Council meeting held on: March 18, 2014 -7– ______________________________________________________________________________ going East. Freedom Support Center - Provides one stop shop for services for 30,000 30,000 veterans. CDBG Administration - Provides for the administration of the CDBG 119,328 119,328 Program. 752,328 $752,328 Council Member Myers made a motion to schedule a public hearing for the use of CDBG funds for 2014-2015, including the reprogramming of funds on April 1, 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 will be having a ward meeting on April 7, 2014, at Walnut Hill Elementary School beginning at 6:30p.m. Council Member Wilson-Smith stated she would like to invite everyone to the “Ordinary Women Doing Extraordinary Things” event on March 29, 2014, at Tabernacle Life Center from 9:00am to 12:00pm. She stated that the tickets are $5 each. Council Member Coleman stated that Ward 6 will have their ward meeting on March 31st at the A.P. Hill Elementary beginning at 6:30p.m. He stated that his guest speaker will be Dironna Belton, Petersburg Area Transit Manager. 9. CITY MANAGER’S AGENDA: Mr. Johnson stated that in conversation with Fire Chief T.C. Hairston, the citizens will begin to see a new strategy coming from the Code Compliance Office. He stated that this would be to address blighted properties within the City. He stated that if they see something different that the citizens should not be alarmed. 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 8:36 p.m. _________________________ Clerk of City Council APPROVED: Minutes from the Petersburg City Council meeting held on: March 18, 2014 -8– ______________________________________________________________________________ _________________________ Mayor

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