City Council

Minutes from the Petersburg City Council meeting held on: April 15, 2014 -1– ______________________________________________________________________________ The work session meeting of the Petersburg City Council was held on Tuesday, April 15, 2014, at the Union Train Station. Mayor Moore called the work session meeting to order at 5:30p.m. 1. WORK SESSION MEETING – 5:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member W. Howard Myers Council Member Carl M. Ross Council Member Treska Wilson-Smith Vice Mayor Horace P. Webb Mayor Brian A. Moore Absent: Council Member Ken M. Pritchett (arrived at 5:35p.m.) Present from City Administration: City Manager William E. Johnson, III City Attorney Brian K. Telfair Clerk of Council Nykesha D. Jackson, CMC 3. DISCUSSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET: Michelle Peters, Director of Planning and Community Development, gave a PowerPoint presentation regarding the CDBG Budget. John Young, Director of Community Development Block Grant, gave an overview of the CDBG Budget. There was discussion among City Council Members. Council Member Ross made a motion to reduce Project Homes by $10,000 and give it to Pathways; reduce $5,000 from Freedom Support Center and give it to Serenity and take TRIAD, 4-H and PAL and move it to the non-departmental liberation for funding. 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 *REGULAR-SCHEDULED MEETING – 6:30 P.M. 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 or consider specific issues with employment and personnel matters relating to council appointees; and under Subsection 6 to discuss or consider the investment of public funds where bargaining is involved; and under Subsection 7 to consult with legal counsel, 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  Minutes from the Petersburg City Council meeting held on: April 15, 2014 -2– ______________________________________________________________________________ City Council entered closed session at 6:30 p.m. CERTIFICATION: 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, Ross, Wilson-Smith, Webb and Moore; Abstain: Pritchett 14-R-15 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. Mayor Moore stated that there will be an agenda change. He stated that will be moving item “8-A” to “4 -A” and “4-A” will become “4-B” if there is no objection. 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. Consideration of a resolution urging the General Assembly to return Virginia Taxpayer dollars to Virginia and pass Governor McAuliffe’s budget. BACKGROUND: Governor McAuliffe has requested support from the communities that will benefit from his plan to urge the General Assembly to pass his budget. Governor McAuliffe’s plan will bring the money paid in federal Affordable Care Act-related taxes and fees back from the federal government to Virginia to provide quality healthcare in the Commonwealth. RECOMMENDATION: Recommend Council adopt the attached Resolution. Delegate Rosalyn Dance of the 63rd District gave a brief overview of the resolution and the information behind the request. Vice Mayor Webb made a motion to approve the resolution urging the General Assembly to return Virginia Taxpayer dollars to Virginia and pass Governor McAuliffe’s budget. 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-16 A RESOLUTION URGING THE GENERAL ASSEMBLY TO RETURN VIRGINIA TAXPAYER DOLLARS TO VIRGINIA AND PASS GOVERNOR MCAULIFFE’S BUDGET. b. Proclamation designating April 7-15, 2014, as National Distracted Driving Enforcement Campaign Week  Minutes from the Petersburg City Council meeting held on: April 15, 2014 -3– ______________________________________________________________________________ Police Lieutenant Sheldon Wills gave a brief overview of statistics regarding National Distracted Driving Enforcement Campaign Week. 5. CONSENT AGENDA: a. Minutes of the regularly-scheduled Council meeting on March 18, 2014. Council Member Ross made a motion to adopt the consent agenda. 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 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. A public hearing on the City’s Operating Budgets for Fiscal Year 2014-2015. BACKGROUND: City Manager has recommended an operating spending plan of $100,934,233 for the Fiscal Year beginning July 1, 2014, and ending June 30, 2015. The public hearing will allow citizens to comment on the City Manager’s recommendation before City Council. RECOMMENDATION: Recommend Council receive citizen comments. Irvin Carter, Finance Director, gave a brief overview of the City’s Operating Budget for Fiscal Year 2014 -2015. Mayor Moore opened the floor for public comment. Vernel Gannaway, 652 Old Wagner Road, stated he had questions regarding the new hiring. He stated that he needed clarification with regards to the City absorbing 4.59% with the insurance. Mr. Carter stated that the City’s health insurance increased by 4.59%. He stated that this was good compared the schools. He stated that he thinks that the school’s insurance increased by about 20%. He stated that the City has actually funded and absorbed the City insurance increase so that the cost will not be passed on to the employees. John Macklin, 1708 Southampton Drive, asked did the City exhaust all the monies that were budgeted for the previous years. He asked was it surpluses or used in the new budget. Mr. Carter stated that it goes into the fund balance. He stated that it does not increase the next year’s budget. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. b. A public hearing on a petition for a Special Use Permit to operate a homeless shelter at 120 East Fillmore Street. BACKGROUND: This request includes operating a homeless shelter (temporary emergency shelter) for families and individuals. The families would include single moms and children (male children 17 years of age and younger are permitted) or an individual female. The request does not include providing temporary shelter for males.  Minutes from the Petersburg City Council meeting held on: April 15, 2014 -4– ______________________________________________________________________________ The residential property where the shelter is being proposed is a two-story home with 4 bedrooms, 2 bathrooms, kitchen, living room, dining room and an unfinished basement. The proposed facility would consist of sleeping space, cooking and dining space, community space and office space. The request involves providing 15 beds at this location. Additional emergency shelter space is needed and this location is within walking distance of community agencies needed by the population to be served. The property will be rehabilitated, supervised and maintained to comply with all local ordinances and codes. The families and individuals occupying the dwelling will also be supervised and general loitering will not be permitted. However, persons occupying the dwelling will be able to enjoy the property within the guidelines of the rules and regulations of CARES. This location for CARES is desired because it is within a neighborhood, and the shelter functions as a residence and not an institution. Based on the Zoning Ordinance the most similar use to a shelter for off-street parking purposes would be a boarding house; thus, creating an off-street parking requirement of four (4) spaces. The property has a driveway and the ability to provide off-street parking, but it is not anticipated that four (4) spaces would be needed for this facility, for the reason that typically persons who stay at shelters do not have vehicles. The driveway and the rear yard can provide the necessary off-street parking for the staff, which will rotate in three shifts. The length of stay for persons in the shelter is 30 days, with the assistance of Social Services and other supporting agencies such as local churches, Catholic Charities, and Saint Joseph Villa; they are transitioned into permanent housing. Upon acceptance into the shelter, the families or individuals are assigned a case manager, who will assist them while at the shelter and is very involved in their transition to permanent housing. CARES provides post case management services a year after a family or individual has left the shelter. The goal is to make sure that the occupants can sustain themselves so that they don’t have to return to temporary shelter. CARES began 30 years ago as a community response to the needs of stranded travelers and has grown into an agency with diverse programs that support women and children in a housing crisis, victims of domestic violence and stranded travelers. CARES programs encompass the needs of adults and children and include workshops, referrals, child care, tutoring and other supports. The focus is to help families move from crisis to stability. In addition, CARES provides non-shelter services, including food, clothing, personal hygiene items and furniture. The Center recently began an outreach pantry to provide supplemental food to residents at two senior housing sites. A Resource Center is planned for the Washington Street location to enhance resources and services toward stabilization for the community. City Council approved a special use permit for the current location of CARES at 244-246 Halifax Street on February 16, 1988. In addition, City Council denied a Special Use Permit to Memorial United Methodist Church and CARES, Inc. on January 19, 1999 to operate a shelter to house 30 persons, specifically Men. RECOMMENDATION: Following a duly advertised public hearing, Council may affirm the Planning Commission recommendation, overturn the Planning Commission recommendation, table for further consideration, or return the item under consideration to the Planning Commission requesting further review. The recommendation of the Planning Commission was to deny the request. Michelle Peters, Director of Planning and Community Development, gave brief presentation on the request for 120 E. Fillmore Street. Dr. Cheryl Riggins, Director of C.A.R.E.S., gave a brief PowerPoint presentation on C.A.R.E.S.  Minutes from the Petersburg City Council meeting held on: April 15, 2014 -5– ______________________________________________________________________________ Mayor Moore opened the floor for public comment. Vernel Gannaway, 652 Old Wagner Street, stated that he knew someone that worked with C.A.R.E.S. that has passed. He stated that he knows some of the current workers that are working at C.A.R.E.S. He stated that the shelter is needed for a lot of things and other areas. He stated that his only concern is that he does not want the City to be targeted for the place where people from all over are being sent. He stated that there are over 170 churches in the City that use to do these things. He stated that the City is trying to clean itself and that the City is clean. He asked does anyone stop and think why the City of Petersburg is the target area. Linwood Christian, 410 Mistletoe Street, stated that one of his oppositions may not be like that of the Planning Commission. He stated that some time ago the previous City Manager, David Canada, made a statement and that this made him upset. He stated that the reason that he has problems with this is because they house women of domestic violence. He stated that the women become homeless from the domestic violence. He asked where the parking is or where the playground will be at the requested site. He stated that he is looking at the facility now. He stated that it bothers him on how people fly up and down Liberty Street. He stated that one day a car may jump the sidewalk and go into the playground. He stated that with working with a non-profit he understands you have to work with what you can afford. He stated that he looked at the names of many of the board of directors and that many of them do not live within the City of Petersburg. He stated that he thinks that the surrounding cities help with a lending hand. He stated that the biggest problems are housing domestic women who are putting everyone in the home in danger. He stated that C.A.R.E.S. is doing a wonderful job. Ben Greenbaum, 134 South Adams Street, stated that he spoke before the Planning Commission when this project was suggested. He stated that C.A.R.E.S. is a wonderful organization and that Dr. Riggins and everyone need congratulations. He stated that as a resident of the Poplar Lawn District they support the work of C.A.R.E.S. but he is present to ask City Council to deny the request for a Special Use Permit. He stated that the question is not about what C.A.R.E.S. does but where it is posing to extend its work. He stated that his opinion is that it would be a breach of faith for the area. He stated that most people in the neighborhood are one or two family homes and that this is not what is proposed. He stated that as mentioned the Petersburg shelter currently accepts residents from six other municipal localities. He stated that none of the municipalities have shelters and Petersburg has become the sole place for shelters. He stated that the six localities need to step up and help with sheltering people. Lawrence McLaughlin, 115 Marshall Street, stated that homeless women need a shelter. He stated that the City has done this. He stated that they need more space and the City has it. He stated that surrounding areas have space as well and that Petersburg has done their bid. He stated that he questions C.A.R.E.S directors for buying a house some time ago in an historic district without going to City Council first. He stated that the historic areas bring a significant number of people to the City. He stated that the historic district means certain different things. He stated that this is not a good way to attract money and people to the City. Willie Noise, 1508 Circle Drive, stated that he thinks that everyone that spoke tonight made a valid point. He stated that he wanted to congratulate the commission that the permit was placed in their hands. He stated that he had some red flag questions and that the lady answered them and that he thinks that they were right on target. He stated that this is such a touchy area with regards with Central State and mixing the patients with the City of Petersburg into everyone’s neighborhood and next door to him. He stated that one of the things he learned is that they are the expert in this field. He stated that he would like to hear some trouble areas and some problems which he thinks they have had enough input and experience to be able to tell them what the City needs to do. He stated that one thing that was mentioned was criminal background. He stated that one thing that popped up in his background was quarantine. He stated that people that are being placed in a home in the City and being around them and their health. He stated that he hopes that this is not taken lightly. He stated that everyone made a good point with regards of everyone flocking into the City for help.  Minutes from the Petersburg City Council meeting held on: April 15, 2014 -6– ______________________________________________________________________________ Bruce Noe, 239 South Adams Street, stated that he lives two houses from Poplar Lawn Park. He stated that he recently purchased the house at 109 Central Park. He stated that he has been restoring this home with his daughter. He stated that he moved to Petersburg three weeks ago. He stated that he is not new to Petersburg. He stated that he lived in Petersburg for 12 years in the 1980s and 1990s. He stated that since leaving Petersburg he has lived in some very nice places. He stated that he came back to Petersburg because he sees the magic that is in the City. He stated that he would like everyone to see and feel this magic. He stated that one of the many magical things is the park. He stated that he hopes that everyone got to see the beautiful things blossom at the park. He stated that he applauds C.A.R.E.S. on all they have done. He stated that he urges City Council to reject the Special Use Permit. Brooke Van De Water, 305 Grove Avenue, stated that he purchased his home 15 years ago. He stated that before he bought it he checked with the codes of the City. He stated that East Fillmore Street is inside the historical preservation area. He stated that the people that invested their own money in the area and thought that they would be protected under Article 35, which is the Petersburg Zoning Ordinance. He stated that the reason that they are present tonight is because it is being asked to change for a organization taking care of people. He stated that C.A.R.E.S. is a business besides it being a facility. He stated that there are other homes that are already ready for multiple family use and that they are available in the City. He stated that he does not understand why this area was picked. He stated that he recommends that City Council deny the permit on the basis of the contract that the owners existing in the City bought the houses with the assumption that the City would protect. John Macklin, 1708 South Halcun Drive, stated that he did not come tonight with the intention on speaking on the subject matter. He stated that as he sits and listen to the various comments he must disagree with everything that was said. He stated that he has been living in the City for 61 years. He stated that he will never forget that as a child there was no place to play softball or baseball. He stated now instead of it being Central Park it is now called Poplar Lawn Park but they use to get ran away from the park. He stated that they could not play at the park as youth. He stated that as he is thinking about Jesus. He stated a person asked Jesus who his neighbor was. He stated that Jesus told the story of Jericho. He stated that he has heard from other localities to not do this and that. He stated that the other localities are still the City’s neighbors. He stated that they are considered neighbors when regional things are done with them. He asked why it that they cannot act is neighborly to their human brothers and sisters. He stated that he does believe that the majority of everyone are Christians and that they have Christian values. He stated that as he was sitting, he felt compared to say what he was thinking. Cheryl Jefferson, employee of C.A.R.E.S., stated that she is one of the shelter coordinators. She stated that even though their residents have to do a background check there is a process that they have to do during intake. She stated that during this time they have to evaluate the person while they are talking to them. She stated that there are some that have mental health issues and some of the people that come to the facility they do have to turn them away. She stated that with the closing of a lot of mental institutions they are getting a lot of traffic. She stated that they will not allow the mental patients to come in because they are not trained to handle them. She stated that as far as person being victims of domestic violence there are places that they send them to. She stated that there doors are locked and that there is a peephole that you can see through before you open the door. She stated that if they look at some of the faces of the women and children and some of the work that they have done just to see exactly how C.A.R.E.S. is. Charles Cuthbert, 132 South Adams Street, stated that he lives near the proposal and that he is also rehabbing a home on 405 South Sycamore Street. He stated that he is opposed to the request for a Special Use Permit. He stated that it is not fair to the neighborhood in which he is a member. He stated that it is not fair to the broader community of Petersburg tax payers. He stated that he ask City Council to adopt the recommendation of the Planning Commission and deny the request for a Special Use Permit. He stated that according to C.A.R.E.S. paperwork in 2013 they only drew 23% of its clients within the City of Petersburg. He stated that the other 77% came from out of the City. He stated to make matters worse according to an article  Minutes from the Petersburg City Council meeting held on: April 15, 2014 -7– ______________________________________________________________________________ that was published in yesterday’s paper quoted, “C.A.R.E.S. has agreements with 25 landlords in the City to forgo the application process to go to permanent housing.” He asked that over the last ten years how often has this happened. He stated that if they approve the Special Use Permit they will make matters worse. He stated that City Council should uphold the request of the Planning Commission and deny the Special Use Permit to C.A.R.E.S. Stan Hawthorne, employee of C.A.R.E.S., stated that he has been working for C.A.R.E.S for 12- 14 years. He stated that on behalf of Men Ministries at Tabernacle Baptist Church they have been assisting the facility such as putting carpet down and bringing supplies. He stated that he has been in their day and night and not one time has he seen any disturbance. He stated that he knows that he has heard many people talk about an historic district. He stated that he has purchased a house in the historic district. He stated that he has witnessed problems at the home where he has had to call the police. He stated that he has never witnessed any of this at C.A.R.E.S. He stated that they are not bringing in anything from the jungle they are women and children that are in the community. He stated that he does not see where this would make them seem as they are diseased people. He stated that problems that he felt were a problem was the neighbors to the property and that this is what brings down property value. Rena Dowe, member of Pleasant Road Baptist Church, stated that she is present to support the C.A.R.E.S. program. She stated that they supply food and any other supplies that are needed. She stated that it is about all of them coming together as a unity and being united. She stated that they support C.A.R.E.S. Leonard Muse, 116 South Plains Drive, stated that he is a member of the Board of Directors of C.A.R.E.S. He stated that he is present tonight to have the Special Use Permit given with full consideration and that C.A.R.E.S. be granted approval. He stated that behind the words women and children there are sisters, mothers, and etc. He stated that it is the City’s intent to provide a warm and secure home in a nice neighborhood. He stated that in the neighborhood would have role models and friends in the area. He stated that in the area there is a park for the children and many other things. He stated that the current facility is not big enough to house everyone and that this is the reason for more space. He stated that C.A.R.E.S. has in place the rules and regulations that are needed to run a proper facility. Philip Chaney, 326 South Sycamore Street, stated that he offers to the Planning Commission in support of the work that they do. He stated that he ask that City Council denies the Special Use Permit. He stated that in the planning report it showed that there was no cost to the City. He stated that based upon the discussion from City Council with regard of false alarms and fees from this and looking at the police reports it shows that it will have an impact with the City. He stated that this will have an impact based on property value and that it will be removed from the tax rolls and made tax-exempt. He stated that at the time that he moved in the City, Fillmore Street was a single family residence area. He stated that time has changed and that this is no longer the acceptation and that this is now a rule. He stated that by approving a Special Use Permit the City would be going against 12 years of established precedence with the conversion of multifamily into single-family residency. Tiffany Lee, employee of C.A.R.E.S., stated that she has been employed with the shelter for three years. She stated that she provides case management for shelter for the women in C.A.R.E.S. She stated that about a week ago she went and visited a past resident. She stated that the woman asked her how she deals with working with the woman of the shelter. She stated that she told her that she does this by focusing on the success stories and not focusing on the failures. She stated that prior to attending the meeting she visited two homes of women that are now doing great and have a stable home and job. She stated that she moves that the City grant C.A.R.E.S. the permit and allow the women a second chance. Ross Strodel, owner of property on Fillmore Street, stated that he and his wife own property on East Fillmore Street. He stated that they oppose the Special Use Permit to operate a homeless shelter at 120 East Fillmore Street. He stated that they believe that it will have property value decrease in the historic district area. He stated that they have invested over $10,000 in renovating their homes on East Fillmore Street. He stated  Minutes from the Petersburg City Council meeting held on: April 15, 2014 -8– ______________________________________________________________________________ that if they knew a homeless shelter was going to be in the area they would not have invested in the area. He stated that if the Special Use Permit is approved then a lot of people in the area would have problem with this. He stated that he hopes that City Council does not approve the Special Use Permit. Rasheedah Farid, 18 Jarrett Court, stated that she requests that the Mayor and City Council Members vote in favor for the Special Use Permit for C.A.R.E.S. She stated that she wants to know that whether all that have spoken tonight have been to the shelter to speak to the women and children. She stated that no one wants to be homeless. She stated that sometimes people find themselves in a situation. She stated that she is grateful that the people in Petersburg have a shelter. She stated that she sees that the City will deal with the homeless but just does not want to see it. She stated that someone has to speak up for the women and the children in this situation. She stated that would like for City Council to approve the Special Use Permit. Susette Kearns, 143 Marshall Street, stated that she has a definite interest in Petersburg and has spent lots of money renovating both of her properties. She stated she is against C.A.R.E.S getting a Special Use Permit in her neighborhood. She stated that she did a quick calculation of the people on Marshall Street and that there are about 15 people living on each side of the street. She stated that C.A.R.E.S. wants to put 15 people in one home. She stated that this does not correspond with the neighboring area. She stated that the people in the area are tax paying people. She stated that she suggest that they deny the Special Use Permit. Ivelisse Pellot, former resident of C.A.R.E.S., stated that she is in support of the shelter. She stated that didn’t have anywhere to go when she came to Petersburg. She stated that the shelter gave her food and bus tickets and helped her get a job at Virginia State University. She stated that most of the time people are going to talk because they have never been in the situation. She stated that if you have never been homeless then you cannot really talk about it. She stated that she knows that some citizens are concerned about the safety from the shelter. She stated that she has heard about military bases having shootings. She stated that she has heard it on the school properties that there are stabbings. She stated that sometimes there are things that they cannot control. She stated that from hearing all of the different things in the City she has not heard anything bad about the shelter at all. She stated that she supports C.A.R.E.S. Robert Jones, 236 South Adams Street, stated that he has lived on South Adams Street for about 40 years. He stated that he remembers in conversation with Mr. Canada when he was with the City. He stated that Mr. Canada stated do not build something that is going to be a burden. He asked how much more of burdens can the City take. Michael Edwards, 409 Grove Avenue, stated that it is no shout or doubt that C.A.R.E.S. is not one of the best organizations in the City. He stated that in the current economic times people are struggling. He stated that people lose their homes and children are put on the street. He stated that he understands that people that live in the vicinity of the house that would have some concerns. He stated that if the same thing would be happening in his area he would be stating the same argument because he would oppose it. He stated that he will not oppose this tonight. He stated that he has heard a lot of things quoted tonight. He stated that they are not put on earth to judge or to dictate how someone’s life will turn out. He stated that if the house will help them then he say let them get the Special Use Permit. He stated that all he will say is to do what is right. Linda Jones, 236 South Adams Street, stated that she and her husband purchased their home back in 1976. She stated that back in that period of time they could not get insurance. She stated lots of people have invested money in trying to improve the City. She stated that the homeless are not necessarily women and children. She stated that they provide clothing and food for C.A.R.E.S. She stated that those who live in other neighborhoods do not see it. She stated that lots of communities are helping with the situation of homelessness. She stated that they expect City Council to uphold their end as they have in the past. Seeing no further hands, Mayor Moore closed the public hearing.  Minutes from the Petersburg City Council meeting held on: April 15, 2014 -9– ______________________________________________________________________________ There was discussion among City Council Members. Council Member Wilson-Smith made a motion to approve the Special Use Permit for 120 East Fillmore Street. The motion dies due to lack of second. Council Member Pritchett made a motion to uphold the recommendation of the Planning Commission to deny the Special Use Permit for 120 East Fillmore Street. 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 c. A public hearing on an ordinance declaring 380 East Washington Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: 380 E. Washington has been vacant for at least two years and has been the subject of several calls for service including vandalism, drug violations, and solicitation. The estimated cost to demolish the property so that is no longer a nuisance is approximately $749,000. The estimated cost to abate the property, so that it is no longer a nuisance, is approximately $300,000. The Code of Virginia, sec. 36- 49.1:1(G), allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend council adopt the attached ordinance Brian Telfair, City Attorney, gave a PowerPoint presentation regarding the property at 380 East Washington Street. Mayor Moore opened the floor for public comment. John Hart, 2457 Dupuy Road, asked whether the military will demolish this or will this be a cost to the City. He stated that he is seeing that the owner has delinquent taxes. He stated that he is pretty sure that the City is not collecting any money from them. He stated that he would like to know how this cost will affect the City. Mr. Telfair stated that the purpose of the ordinance right now is to protect the interest of the citizens. He stated that right now the City does not have anything in place to protect the City. He stated that if the actual cost of demolition is born by the citizens would be paid by the owner. He stated they will have the treasurer to use all mechanism that he has to collect the monies. He stated that this particular job would be to big for the military. Mr. Hart asked what point the City would start. Mr. Telfair stated that he would hope to have some point of resolution by the tax sale itself. He stated that they are aware that there are certain people that have been looking at the property in terms of purchasing it. Mr. Hart asked that if there is another hotel put there will it be in the same dimensions or will it be limited to a certain amount of floors. Mr. Telfair stated that he cannot answer this and that this would be subject to the planning director and whatever City Council decides. Phil Chaney, 326 South Sycamore Street, stated that the last time he did some research into the property it was currently in a legal battle. He stated that he thinks that the insurance company was suing the  Minutes from the Petersburg City Council meeting held on: April 15, 2014 - 10 – ______________________________________________________________________________ owner for insurance fraud. He asked whether there was a process if the insurance takes the building in possession for losses. Mr. Telfair stated that is a great question. He stated that the legal matters have been resolved. He stated that they are going into binding arbitration sometime in the spring. He stated that this means that the City needs an ordinance. He stated that the City needs the ordinance to protect itself. Michael Edwards, 409 Grove Avenue, stated that he applauds this. He stated that he hates to see it go. He asked that once this ordinance has passed is the City going to incur a cost to board this building up so that no one else goes in there. Mr. Telfair stated no. Mr. Edwards stated that he thinks that the City needs to attract an investor. He stated that the City needs to get a decent hotel in the City. He stated that everything goes to Colonial Heights. He stated that when a person goes to a hotel in Colonial Heights they are going to shop in Colonial Heights. He stated that the City needs to have everything within the City and keep it here. Willie Noise, 1508 Circle Drive, stated that they have to forgive him for the way that he thinks outside the box sometimes. He stated that with all the demolition going on over at Virginia State University and around the City it makes him think back when the small guys were given an opportunity to go in the structures and strip them. He stated that the way that things are going on now the contract demolition person gets all of these rights. He stated sometimes they strip them but that they do not do a preparation beforehand. He stated that they just knock the entire structure down to the ground and then sort things out. He stated that people that have older houses that have parts that are not being made anymore then you have to go out and by a whole new entire piece. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Vice Mayor Webb made a motion to adopt the ordinance declaring the property located at 380 East Washington Street as blighted property and a public nuisance to the community, and authorizing the abatement of such nuisance. 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 14-ORD-22 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 380 E. WASHINGTON STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. d. A public hearing on the potential disposition of a portion of publicly-owned property located along Bessemer Road, further identified as a portion of Tax Parcel 092-02-0001, by granting an easement to Columbia Gas of Virginia. BACKGROUND: Columbia serves an industry customer in the City of Petersburg and an easement through the tract of land identified as tax parcel 092-02-0001, will allow Columbia to continue providing services to this customer. RECOMMENDATION: Recommend that Council authorize the City Manager to dispose of publicly-owned property along Bessemer Road by granting an easement to Columbia Gas of Virginia, Inc.  Minutes from the Petersburg City Council meeting held on: April 15, 2014 - 11 – ______________________________________________________________________________ Steven Hicks, Director of Public Works, gave a brief overview of the disposition of property located along Bessemer Road. Mayor Moore opened the floor for public comment. Daniel Blaha, 2324 Squirrel Level Road, stated that he needed clarification on the disposition of property. Mr. Telfair stated that they are just granting an easement. He stated that they are not selling the property. He stated that they are getting a right to go across the property. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Coleman made a motion to approve the disposition of a portion of publicly-owned property along Bessemer Road, further identified as Tax Parcel 092-01-0001, by the granting of an easement. 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-23 AN ORDINANCE TO DISPOSE OF A PORTION OF PUBLICLY-OWNEDED PROPERTY ALONG BESSEMER ROAD, FURTHER IDENTIFIED AS TAX PARCEL 092-01-0001, BY THE GRANTING OF AN EASEMENT. e. A public hearing on the proposed amendment of Section 98-51 of the Code of the City of Petersburg, pertaining to changing the names of streets. BACKGROUND: In some instances, citizens desire to change the name of public streets in the City. The Ordinance addresses a standardized and expedient method in changing the name of a street or roadway. A street or roadway may be changed due to duplication of the street name, accommodation of new street connections, to facilitate improved emergency access ultimately improving the health and safety of all citizens in Petersburg. Streets and roadways may also be renamed to honor a person, place, or event that has influenced the City. Jurisdictions in Virginia and around the country have adopted similar polices and City staff reviewed a number of those as potential models. RECOMMENDATION: Recommend that Council adopt the attached Ordinance. Steven Hicks, Director of Public Works, gave a brief overview of the proposed amendment of Section 98-51 of the Code of the City of Petersburg. Mayor Moore opened the floor for public comment. Willie Noise, 1508 Circle Drive, stated that he does not know what the current code is or what is the requirement. He stated that this kind of put him in the dark for trying to compare what is being asked and what is already required. Mr. Hicks stated that the significant change is that in the past in renaming streets did not involve the citizens that were impacted on the road. He stated that it went more to a regional authority to avoid duplication. He stated that this also allowed the ability of the City to carefully think through renaming the street. He stated that City Council always has the right to rename a street. He stated that there is also a fee associated in helping with getting the information out the citizens. He stated that there is a lot involved in changing the names of streets. He stated that this just makes it a formal process.  Minutes from the Petersburg City Council meeting held on: April 15, 2014 - 12 – ______________________________________________________________________________ Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Ross made a motion to approve the ordinance of the proposed amendment of Section 98-51 of the Code of the City of Petersburg, pertaining to changing the names of streets. 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 14-ORD-24 AN ORDINANCE TO AMEND SECTION 98-51 OF ARTICLE II, OF CHAPTER 98; ADDING SECTION 98-52, WHICH CREATES A PROCEDURE FOR CITIZENS DESIRING TO CHANGE THE NAME OF PUBLIC STREETS IN THE CITY OF PETERSBURG, ADDING SECTION 98-53, PROVIDING STANDARDS FOR STREET NAMES, ADDING SECTION 98- 54, APPROVAL FROM REGIONAL AUTHORITY, OF THE 2000 CODE OF THE CITY OF PETERSBURG, AS AMENDED. 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. There were no public comments for the public information period. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of a request to appropriate the 2014 Local Emergency Management Performance Grant in the amount of $10,675. BACKGROUND: The City of Petersburg has received a grant from Homeland Security in the amount of $10,675.00. The Local Emergency Management Performance Grant (LEMPG) supports the Department’s efforts to develop and maintain a Comprehensive Emergency Management Program. The funds will be used for the development and maintenance of the multi-year training and exercise plan; targeted training and verification of personnel capability; and a whole community approach to security and emergency management. RECOMMENDATION: Recommend that Council adopt the attached appropriation ordinance in the amount of $10,675. Council Member Wilson-Smith made a motion to approve the ordinance in the amount of $10,675 for the 2014 Local Emergency Management Performance Grant. 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 and Moore; Absent: Webb 14-ORD-25 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 $10,675 FOR 2014 LOCAL EMERGENCY MANAGEMENT GRANT. b. Consideration of a request for the appropriation of a grant in the amount of $75,000 for local Virginia Stormwater Management Program (VSMP) development.  Minutes from the Petersburg City Council meeting held on: April 15, 2014 - 13 – ______________________________________________________________________________ BACKGROUND: Revisions to the Virginia Stormwater Management Regulations became effective on September 13, 2011. These revised regulations require most Virginia localities, with the exception of towns not designated as Municipal Separate Storm Sewer Systems (MS4s), to operate their own stormwater management program (which includes locally administering the VSMP permitting process). Therefore, authorization was made in the Code of Virginia 10.1-2128 Stormwater Management for the Department of Environmental Quality (DEQ) to make grant funding available to build local government programs and capacity that will result in the development of local stormwater programs consistent with the Virginia Stormwater Management Act and applicable regulations. An RFP was issued by DEQ on June 3, 2013, and City staff, recognizing an ongoing need to fund these additional VSMP program duties, responded to the RFP. In October 2013, the Department of Conservation and Recreation (DCR) awarded the City of Petersburg grant funding in the amount of $75,000; however, this is a reimbursement grant requiring the funds be expended by the locality and then reimbursed by DEQ. In order to receive the funding per the agreement, the City of Petersburg is required by DCR to provide $24,014 in matching funds toward the grant project. A cash match is not required; the City's match will be met through the salary for department personnel. RECOMMENDATION: Request Council adopt the attached appropriation ordinance in the amount of $75,000. Council Member Wilson-Smith made a motion to approve the ordinance in the amount of $75,000 for Local Virginia Stormwater Management Program (VSMP) development. 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 14-ORD-26 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 $75,000 FOR VIRGINIA STORMWATER MANAGEMENT PROGRAM. c. Consideration of a request to re-appropriate a FY13 grant award in the amount of $25,000 to fund a preliminary engineering study regarding the Petersburg Area Transit Bus Maintenance Facility Upgrade. BACKGROUND: The Petersburg Area Transit maintenance facility, located at 309 Fairgrounds, was built in 1980 and is in need of major upgrades and renovation. The City received a DRPT Technical Grant award in FY13 in the amount of $25,000 to help fund a preliminary engineering study regarding an upgrade to the transit maintenance facility; however, the study was not initiated at that time. The study will cost $50,000 and the City is responsible for the $25,000 local match. At the completion of the study, PAT will be eligible for additional federal and state funds to begin the facility upgrades. RECOMMENDATION: Request Council adopt the attached appropriation ordinance in the amount of $25,000. Dironna Belton, Transit Manager, gave a brief overview on the consideration of the re-appropriation of a FY13 grant award in the amount of $25,000. Council Member Myers made a motion to approve a request to re-appropriate a FY13 grant award in the amount of $25,000 to fund a preliminary engineering study regarding the Petersburg Area Transit Bus Maintenance Facility Upgrade. 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: April 15, 2014 - 14 – ______________________________________________________________________________ 14-ORD-27 AN ORDINANCE MAKING APPROPRIATIONS FOR THE MASS TRANSIT FUND, FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2013, AND ENDING JUNE 30, 2014 FOR DEPARTMENT OF RAIL & PUBLIC TRANSPORTATION TECHNICAL GRANT. d. Consideration of appointing Dironna Belton to the Tri-Cities Metropolitan Planning Organization’s Technical Advisory and Policy Committees. BACKGROUND: The Tri-Cities MPO has two (2) committees, a Technical Advisory Committee and a Policy Committee. The Technical Advisory Committee is involved with the details of developing regional transportation plans and programs and making recommendations to the Policy Committee. The Policy Committee reviews and approves required State and federal transportation plans and programs prepared for this portion of the Richmond urbanized area. Staff recommends that Dironna Belton be appointed to represent Petersburg Area Transit on the Tri- Cities MPO’s Technical Advisory Committee and Policy Committee. RECOMMENDATION: Recommend Council appoint Dironna Belton, General Manager of Petersburg Area Transit, to both the Technical Advisory and Policy Committees of the MPO. Council Member Myers made a motion to appointing Dironna Belton, General Manager of Petersburg Area Transit, to represent Petersburg Area Transit on the Tri-Cities MPO’s Technical Advisory Committee and Policy Committee. 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-R-17 A RESOLUTION APPOINTING DIRONNA BELTON, GENERAL MANAGER OF PETERSBURG AREA TRANSIT, TO REPRESENT PETERSBURG AREA TRANSIT ON THE TRI-CITIES MPO’S TECHNICAL ADVISORY COMMITTEE AND POLICY COMMITTEE. Council Member Myers stated that he will be having a Ward 5 Meeting on April 24th, 2014, at Peabody Middle School beginning at 6:00p.m. He stated there will be discussion about what to do with youth at Virginia Avenue School. Council Member Pritchett stated that he will be having a Joint Ward 3 Meeting on May 19th, 2014, at Vernon Johns Junior High School, beginning at 6:00p.m. He stated that at this meeting they will present the various departments in the City that offer summer time opportunities for the youth and children. Council Member Wilson-Smith stated she will have two ward meetings. She stated that she will have meeting on April 17, 2014, at the ROC Church on 460 and also she will have a meeting on April 24, 2014, at Robert E. Lee Elementary School. She stated that both meetings will begin at 6:00p.m. and end at 8:00p.m. 9. CITY MANAGER’S AGENDA: a. Certification of Local Declaration of Emergency. BACKGROUND: The City of Petersburg experienced a 16” water main break that caused very low and no water in the Eastern and Southern parts of the City. This caused a “boil water” advisory for 4 days and additional hardship for the residents and businesses in those areas. RECOMMENDATION: Recommend that Council ratify the Emergency Declaration. William Johnson, City Manager, gave a brief overview of the certification of Local Declaration of Emergency.  Minutes from the Petersburg City Council meeting held on: April 15, 2014 - 15 – ______________________________________________________________________________ Council Member Myers made a motion to ratify the Emergency Declaration. 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 14-R-18 A RESOLUTION DECLARING A LOCAL EMERGENCY TO EXIST IN THE CITY OF PETERSBURG DURING THE TIME PERIOD BEGINNING APRIL 6, 2014, AND ENDING ON APRIL 10, 2014, AT 9:30 P.M. (END OF BOIL WATER NOTICE) Mr. Johnson stated that on this Saturday it will be the Battle Reenactment at 10:00am as well as on Sunday. He stated that also it is the Health and Wellness Day of the City of Petersburg at the Sports Complex. He stated that it will begin at 10:00am. He stated that it will be a great activity for the families to come out and enjoy themselves. 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 10:57 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor