City Council

Minutes from the Petersburg City Council meeting held on: July 22, 2014 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, July 22, 2014, at the Union Train Station. Mayor Moore called the closed session meeting to order at 6:30p.m. 1. CLOSED SESSION – 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 (1) of the Code of Virginia, and specifically under Subsection 1 to discuss matters regarding Council appointees; 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 City Council entered closed session at 6:30 p.m. CERTIFICATION: Vice Mayor Webb made a motion to return City Council into open session and certify the purposes of the closed session. The motion was seconded by Council Member Ross. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb and Moore 14-R-29 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. 1. REGULARLY-SCHEDULED MEETING – 7:30 P.M.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 -2– ______________________________________________________________________________ 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. Presentation on activities associated with the 150th Anniversary of the Civil War and Emancipation. BACKGROUND: Brian Little, Cultural Affairs Manager, will present information regarding activities associated with the 150th Anniversary of the City War and Emancipation. RECOMMENDATION: For information only. Brian Little, Director of Cultural Affairs, gave a brief PowerPoint presentation. b. Proclamation designating August 2014 as Children’s Vision and Learning Month. BACKGROUND: College of Optometrists in Vision Development (COVD) is a non-profit, international membership association of eye care professionals including optometrists, optometry students, and vision therapists. Established in 1971, COVD provides board certification for optometrists and vison therapists who are prepared to offer state-of-the-art services in:  Behavioral and development vision care  Vision therapy  Visual rehabilitation On behalf of COVD, Dr. Alan Toler, of Dr. Toler & Associates, requested that the City of Petersburg issue a proclamation designating August as Children’s Vision and Learning Month. Each year, COVD asks more than 30 states to issue proclamations. RECOMMENDATION: Recommend Mayor Moore present the attached proclamation. Mayor Moore read the proclamation out loud and presented it to Dr. Alan Toler.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 -3– ______________________________________________________________________________ Dr. Alan G. Toler stated that he would like to congratulate the City on their new library. He stated that they are talking about more than astigmatism or nearsighted and farsighted. He stated that they are talking more about getting in the visual process. He stated that a lot of people have the misunderstanding that 20/20 is perfect vision. He stated that 20/20 tells a person that the eyes see well. He stated that it gives a clear image to the brain. He stated that the brain has to take the images and put them together. He stated that better visual skills are good as well. He stated that he also has handouts as well for City Council and the audience as well. Mr. Johnson introduced Rashad Gresham as the new Zoning Administrator. He stated that he has been on the job for about two months. 5. CONSENT AGENDA: a. Minutes of the regularly-scheduled Council meeting held on June 3, 2014. b. A request to schedule a public hearing on an ordinance amending Chapter 35 of the Code of the City of Petersburg, pertaining to solicitation. c. A request to schedule a public hearing on an ordinance amending Chapter 106 of the Code of the City of Petersburg, pertaining to taxes. d. A request to schedule a public hearing on a potential communication tower on property addressed as 1243 Commerce Street. e. A request to schedule a public hearing on the City’s proposed Capital Improvement Program for Fiscal Years 2015-2019. Council Member Pritchett made a motion to adopt the consent agenda and to hold the public hearings on September 2, 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 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 an ordinance declaring 1150-52 Farmer Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: This property received a Notice to Secure in 2007, deeming the property unsafe. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The owner of 1150-52 Farmer 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 $8,000 and the Code of Virginia sec. 36-49.1:1(G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance pertaining to 1150-52 Farmer Street. Danielle Powell, Assistant City Attorney, gave a brief overview of the blighted property. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 -4– ______________________________________________________________________________ Vice Mayor Webb made a motion approve and adopt the proposed ordinance pertaining to 1150-52 Farmer Street. 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, Moore 14-ORD-70 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1150-52 FARMER STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. b. A public hearing on an ordinance declaring 1333 Farmer Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance BACKGROUND: This property received a Repair or Demolish Notice in 2008, as well as in 2011. The Exterior Housing Report issued in 2007 noted the need to paint the exterior and repair the siding. A Notice of Hazard was issued in 2012, informing the owner that the roof had begun to collapse. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The owner of 1333 Farmer 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 $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt on the proposed ordinance pertaining to 1333 Farmer Street. Danielle Powell, Assistant City Attorney, gave a brief overview of the blighted property. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. Vice Mayor Webb made a motion approve and adopt the proposed ordinance pertaining to 1333 Farmer Street. 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, Moore 14-ORD-71 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1333 FARMER STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. c. A public hearing on an ordinance declaring 554 Halifax Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance BACKGROUND: This property received a Notice of Violation in 2005. In February 2014, an Emergency Repair or Demolish Notice was issued declaring the property a public nuisance. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 554 Halifax 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 $8,000 and the code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt on the proposed ordinance pertaining to 554 Halifax Street. Danielle Powell, Assistant City Attorney, gave a brief overview of the blighted property.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 -5– ______________________________________________________________________________ Mayor Moore opened the floor for public comment. Willie Noise, 1508 Circle Drive, stated that he would like to speak on 554 Halifax Street. He stated that he is not in favor of demolition of any property. He stated that he does not think that they associated with the Halifax Street Association or whoever is in charge of that corridor. He stated that he wanted to make sure his thoughts and concerns were brought to everyone’s attention. Crystal Jones, owner of 554 Halifax Street, stated that she understands that the home is in bad shape. She stated that she cannot afford financially do all the repairs that the house needs. She stated that in April she requested an extension in order to try to sell the property. She stated that since that time she has not been able to sell. She stated that she is asking for an extension before the property is demolished so that she can obtain the funds to have it demolished. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Vice Mayor Webb made a motion to remove from consideration so owner can seek resources to renovate property. 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, Moore d. A public hearing on an ordinance declaring 834 South Jones Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance BACKGROUND: In 2010 and 2011, a Repair or Demolish Notice was issued to the property owner declaring the property a public nuisance due to the lack of maintenance. The Petersburg Fire Department- Inspection Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 834 South Jones 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 $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt on the proposed ordinance pertaining to 834 South Jones Street. Danielle Powell, Assistant City Attorney, gave a brief overview of the blighted property. Mayor Moore opened the floor for public comment. Clinton Lewis, 1700 Johnson Road, stated that he is not in favor of the demolition of 834 South Jones Street. He stated that the property has a lot of sentimental value. He stated that there are two other people that own the property with him. He stated that one of the other people that owns the property is not present with him today and that this person is a contractor as well. Larry Akin Smith, 816 Cameron Street, stated that he would like to speak on all the properties that were mentioned tonight. He stated that they are doing a great job in the City to remove blight. He stated that a lot of houses have been removed. He stated that his comment is in regards to the plans for the lots once the houses have been removed. He asked how much consideration have they given into what they are going to do with the lots once the homes have been removed. He stated that lots can become overgrown and just as much a nuisance as the homes was if they are not taken care of. He stated that they would love to see a plan for what they are going to do with the lots.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 -6– ______________________________________________________________________________ Linwood Christian, 410 Mistletoe Street, stated that he is glad to see the blight properties removed. He stated that he would like to see the property owners brought up on some type of charge being that they are not doing what they are supposed to be doing. He stated that they need to see some type of plan to see what is going to replace the homes. He stated that he remembers that young lady that Council Member Myers brought forth stated that she had a plan for something and they have not seen anything else regarding this. He stated that they also talked to Reverend Diggs and that they are not picking on Council Member Myers. He stated that they are looking at buildings and things that they are tearing down. He stated that from the last few times that they have done this it looks like every abandon house has been in the 5th or 6th Ward. He stated that to him it says a message that these are the worst two areas of the City. He stated that they are quick to tear down one area of the City and not build up. He stated that they have constantly building up close to Richmond. He stated that it looks as if this is becoming the bedroom area for Richmond. He stated the City should come up with a strategic plan to start building up where they have torn down. Vernel Gannaway, 652 Old Wagner Road, stated that in tearing down homes there are supposed to be certain codes for growth. He stated that there is supposed to be certain codes in those areas where property is torn down. He stated that the areas supposed to be manicured or cut. He stated that he called about the properties at his mother’s house. He stated that people are not interested in properties anymore. He stated that they are interested in duplexes and not homes. He stated that after awhile it will be another project City. Sara Melissa Witiak, 22 Centre Hill, stated that she would like to echo the speakers that went before she did. She stated that she encourages them to have a plan to build up. She stated that by tearing down and making a lot of space does not make it a better community. She stated that as they develop a plan she thinks that this is very important to make sure that it is done in a reasonable amount of time so that they get the properties back on the tax role. She stated that this would help the money to be put back in the community. She stated that she would encourage them to look at each individual property and the ones that have been torn down and look at what happened and why this has happened. She stated that it is easy to put a blanket statement on it as to why this happened. She stated that this will be so that they can prevent this from happening in the future. She stated that this would be to support the community in this way whether it is by providing different services or education, getting people to help habitat the area. She stated that the City can let her know what she can do to help with this situation and she will be happy to help. She stated that it is really important to look at why these things are happening. Joseph Dickens, 1002 Oakmont Drive, stated that looking at the demolition that is on schedule he would think that a lot of this relates to buildings that they do have in Petersburg. He stated that there is a lead program that should be implemented that was not implemented. He stated that he thinks that this is relative to the destruction and tearing down of the buildings. He stated that the buildings that they are to preserve should be put back onto the map. He stated that he thought that someone would be present to speak on this information. Seeing no further hands, Mayor Moore closed the public hearing. Vice Mayor Webb made a motion remove 834 South Jones Street from consideration to give co-owner time to renovate property. 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, Moore e. A public hearing on an ordinance declaring 1364 Rome Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance BACKGROUND: The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The Owner of 1364 Rome 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 $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such cost from the property owner.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 -7– ______________________________________________________________________________ RECOMMENDATION: Recommend that Council approve and adopt on the proposed ordinance pertaining to 1364 Rome Street. Danielle Powell, Assistant City Attorney, gave a brief overview of the blighted property. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. Vice Mayor Webb made a motion approve and adopt the proposed ordinance pertaining to 1364 Rome Street. 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, Moore 14-ORD-72 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1364 ROME STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. f. A public hearing on an ordinance declaring 1110 Stainback Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: On March 19, 2014, the City of Petersburg issued a Repair or Demolish Notice to the property owner, declaring the property a public nuisance. An exterior housing Report was also attached to the Notice regarding the lack of maintenance of the property. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The owner of 1110 Stainback 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 $8,000 and the Code of Virginia sec. 36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt on the proposed ordinance pertaining to 1110 Stainback Street. Danielle Powell, Assistant City Attorney, gave a brief overview of the blighted property. Mayor Moore opened the floor for public comment. Vanessa Campbell, 1866 Ramblewood Road, stated that she is present to speak regarding the property on Stainback Street. She stated that she does not mind the demolition of the property. She stated that the property is not hers. She stated that the property was her sibling’s property. She stated that her mother was the last sibling that lived at this property. She stated that she passed away a year ago. She stated that the property is not hers. She stated she is not going to fix the property and that she is not financially able to do anything with the property. Seeing no hands, Mayor Moore closed the public hearing. Vice Mayor Webb made a motion to approve and adopt on the proposed ordinance pertaining to 1110 Stainback Street. 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, Moore 14-ORD-73 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1110 STAINBACK STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. g. A public hearing on an ordinance declaring 1135 Willcox Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 -8– ______________________________________________________________________________ BACKGROUND: This property received an Emergency Repair or Demolish Notice in 2013, declaring the property a public nuisance. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The owner of 1135 Willcox Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1 (G)allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt on the proposed ordinance pertaining to 1135 Willcox Street. Danielle Powell, Assistant City Attorney, gave a brief overview of the blighted property. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. Vice Mayor Webb made a motion to approve and adopt on the proposed ordinance pertaining to 1135 Willcox Street. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, Moore 14-ORD-74 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1135 WILLCOX STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. h. A public hearing on an ordinance declaring 1137-39 Willcox Street a blighted property and a public nuisance to the community and authorizing the abatement of such nuisance. BACKGROUND: In 2012, the City of Petersburg issued a Repair or Demolish Notice to the property owner declaring the property a public nuisance. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. Over the years, the property has become increasingly dilapidated resulting in conditions that endanger the public’s health, safety, and/or welfare. The owner of 1137-39 Willcox 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 $8,000 and the Code of Virginia sec.36-49.1:1 (G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend that Council approve and adopt on the proposed ordinance pertaining to 1137-39 Willcox Street. Danielle Powell, Assistant City Attorney, gave a brief overview of the blighted property. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. Vice Mayor Webb made a motion to approve and adopt on the proposed ordinance pertaining to 1137- 39 Willcox Street. 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, Moore 14-ORD-75 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 1137-39 WILLCOX STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY, AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 -9– ______________________________________________________________________________ i. A public hearing on a proposed ordinance granting to Columbia Gas of Virginia, Inc., and exclusive easement, variable width right of ingress and egress and variable right-of-way on and through a tract of land along South Adams Street and Apollo Street. BACKGROUND: The granting of the exclusive easement, variable width right of ingress and egress, and variable width right-of-way, on property identified as Tax Parcel 031-30-0002, to Columbia Gas will allow Columbia to continue to provide services. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance granting an exclusive easement, variable width right ingress and egress and variable right-of-way to Columbia Gas. Steven Hicks, Director of Public Works, gave a brief overview on a proposed ordinance granting to Columbia Gas of Virginia, Inc., and exclusive easement, variable width right of ingress and egress and variable right-of-way on and through a tract of land along South Adams Street and Apollo Street. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. Vice Mayor Webb made a motion to approve and adopt the proposed ordinance granting an exclusive easement, variable width right ingress and egress and variable right-of-way to Columbia Gas. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, Moore 14-ORD-76 AN ORDINANCE TO GRANT AN EXCLUSIVE GRANT, VARIABLE WIDTH RIGHT OF INGRESS AND EGRESS, AND VARIABLE WIDTH RIGHT OF WAY, ALONG SOUTH ADAMS STREET, AND APOLLO STREET, FURTHER IDENTIFIED AS TAX PARCEL 031-30- 0002 TO COLUMBIA GAS OF VIRGINIA. j. A public hearing on a proposed ordinance amending certain Sections of Article II of Chapter 66 of the Code of the city of Petersburg to reflect the previous elimination of the Commission on Community Relations and its supporting staff. BACKGROUND: The Code sections provide for the functioning of the Office of Human Services Advocacy. This office no longer exists. The City eliminated the Commission on Community Relations and its related supporting staff on January 17, 2012, by Ordinance No. 12-Ord-06. The proposed amendments to the Code will make the Ordinance consistent with this elimination as well as comply with the Federal Fair Housing Act. RECOMMENDATION: Recommend that Council approve and adopt the proposed ordinance. John Young, Director of Community Development Block Grant, gave a brief overview of proposed ordinance amending certain Sections of Article II of Chapter 66 of the Code of the city of Petersburg to reflect the previous elimination of the Commission on Community Relations and its supporting staff. Mayor Moore opened the floor for public comment. Linwood Christian, 410 Mistletoe Street, stated that he is former chairman of the Commission on Community Relations Affairs (CCRA). He stated that he cannot understand why a board that helped address issues that need to be addressed would be taken away. He stated that this commission was the mother of the Civilian Review Board. He stated that the review board took citizen complaints. He stated that while he was chairman they worked diligently with some of the past police chiefs to write any wrongs. He stated that there are several boards that are being advertised but they are not being staffed. He stated that then these boards are jumped on because they are not meeting. He stated that whatever the reason was for eliminating the  Minutes from the Petersburg City Council meeting held on: July 22, 2014 - 10 – ______________________________________________________________________________ CCRA he can say that they were a functioning board. He stated that a lot of times City Council did not listen to them but they were present. He stated that he thinks that eliminating this commission was one of the worst things that they could have done. He stated that the board helped the City stay in contact with what is going on in the community. Willie Noise, 1508 Circle Drive, stated that he was also a member on CCRA. He stated that he was wondering what happened to the board. He stated that he thinks that they need to readdress this. He stated that he does not agree with this matter. Larry Akin Smith, 816 Cameron Street, stated that he asked his council representative why the Commission on Community Relation Affairs cancelled. He stated that he is not pleased with the answer that he got from his representative. He stated that he too cannot conceive of them not wanting to have a Commission on Community Relation Affairs. He stated that he believes in the leadership that is present. He stated that if they discuss what may become a motion that they will allow through their discussion a good reason for elimination. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members. Council Member Pritchett made a motion to amend certain Sections of Article II of Chapter 66 of the Code of the City of Petersburg to reflect the previous elimination of the Commission on Community Relations and its supporting staff. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, Moore 14-ORD-77 AN ORDINANCE TO AMEND SECTIONS 66-46, 66-48, 66-50, 66-51, 66-52, 66-53, 66-54, 66- 55, AND 66-56 OF ARTICLE II, OF CHAPTER 66, RELATING TO FAIR HOUSING, OF THE 2000 CODE OF THE CITY OF PETERSBURG, AS AMENDED. Council Member Pritchett stated that he would like to discuss the Commission on Community Relation Affairs. 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. Ylyahkim Yisrayl, 211 North Jefferson Street, stated that he is present to set the record straight about the press release that was released by the Police Chief on Friday, July 19, 2014. He stated that it is very misleading about the Devon Thomas incident and the Fisher’s incident with the police. He stated that there is no functional NAACP chapter in Petersburg and that he does not know who the imposters were. He stated that this was very misleading and that the Chief of Police does not have the collective community’s support as this person stated through the press release. He stated that he urges City Council to push hands off resolution for Devon Thomas who was hurt by the police and the officials that were assaulted back in April by the officers on their porch for exercising their first amendment and right. He stated that he suggests that City Council set up some type of resolution that will rectify the growing tension between the police and the citizens. He stated that he suggests having workshops that explain the rights of the citizens and the duties of the police officers. Trevor Shaw, 1402 Floyd Street, stated that he comes to echo what was said prior to him coming forth dealing with law enforcement and the citizens. He stated that he encourages that they implement more  Minutes from the Petersburg City Council meeting held on: July 22, 2014 - 11 – ______________________________________________________________________________ systems and programs to increase awareness in the neighborhoods. He stated that he understands that they see a lot of things about civil war and things of this nature. He stated that when you deal with a City that is predominantly African American then they need a little more to of things that is going to enrich and cultivate positivity among the people. He stated that there are children in the City that have no idea. He stated that a little more awareness and information be shared among both parties will decrease the friction that is in the City. William Jones, 1504 Duke Drive, stated that he spoke with Mr. Johnson and that he gave his word. He stated that there was an issue on the accessibility of handicap capability at City Hall. He stated that he has an aunt that is 87 years old. He stated that his aunt stated that whenever she needs to take care of business she has to park across the lanes in the handicap parking spaces in order to take care of business and then go to the rear of the building. He stated that he spoke to the City Attorney, Mr. Telfair, and that he said that because of the historical of the building it may be grandfathered in. He stated that Mr. Telfair stated that this may be the law. He stated that the law is not always right. He stated that slavery used to be the law at one time. He stated that this does not make it morally right. He stated that the City who spent $4 million to put a golf course in can find another way to make this better to help those that are challenged the most. He stated he is coming to City Council to come up with some type of concept plan to make it so that everyone can participate in the City government. Sunni Annand, 23 South Little Church Street, stated that he would like to share concerns of an ordinance that was recently passed restricting hotel stays to 28 days. He stated that there business based and not travelers, personnel or any corporate people who come for seminars. He stated that the Fort Lee Regency is gone. He stated that he would like City Council to reconsider this ordinance. He stated that this will help the weekly and monthly people who have nowhere to go. He stated that the shelters are full. He stated that if it was not for the hotels then there would be more people out on the street. Ann Joyner, 210 Wilson Street, stated that she has come regarding concerns on the Blandford Cemetery. She stated that she has been upset over the past couple of years on how the cemetery looks. She stated that the ladies at the cemetery have been doing as much as they can do with turning in her complaints. She stated that the cemetery looks awful the way that it is being kept. She stated that she is really worried about her grandparent’s grave site. She stated that the lady that has taken over this area she has spoken to and that this has been a month ago. She stated that the lady took care of the matter that day and had someone to go down and cut it. She stated that on holidays the grass is not cut. She stated that she was there two weeks ago and that the grass was not cut. Shahid Shabazz, 33 West Washington Street, stated that the first thing that he wants to speak about is the parking spaces in front of his shop. He stated that they moved the pole to give them more parking spaces but did not change the painting on the street. He stated that a lot of the time the police officers give the citizens a hard time when they park in that area. He stated that each year they do a back to school drive. He stated that each year it gets bigger where it has out grown his shop. He stated that he is taking it to Vernon Johns Junior High School this year. He stated that they are welcoming all organizations and the City to bring out donations on August 31st to distribute. He stated that you can also bring the donations done to Allusions Barbershop. He stated that if the City has it in their heart or budget to donate it is greatly appreciated. He stated that they need book bags and school supplies. He stated that they will have basketball contest, dance contest, face painting, double-dutch, and positive messages from influential people in the community He stated that there will be resources for the parents and more. He stated that they would like to see some of the police officers to come out and participate in some of basketball and dance contest so that the community can see the police in a better view than what is on the news. Debra Fisher, 839 Rome Street, asked what they are doing about the police. She stated that now they cannot call on the police when they are in trouble. Patricia Nunnally, 1205 Rome Street, stated that she came to talk about the grant. She asked that with some of the houses that were shown do they think that some of these houses could have been saved if they could have used this money that they have turned back in.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 - 12 – ______________________________________________________________________________ Mike Jackson stated that he brought a project to City Council. He stated that they have been through a long haul on the project. He stated that at this point they have reached through the good health of the City Manager and City Attorney for the position for having the MOU. He asked whether or not City Council is aware of his project. He stated that they are hopeful. He stated that originally when they came it turned into a spring garden then a summer garden and now it will be a fall garden. He stated that they would like to ask for some extra consideration for the moment that the MOU is signed and turned in that they will be able to work immediately on the project. He stated that the most important thing is how many children they could have helped by now. He asked how many disadvantaged youth have they locked up since February. He stated that they are seeking 45 children to be in the program three times a week. Willie Noise, 1508 Circle Drive, stated that he would like to thank City Council for their services. He stated that he would like to hear the state of religion in Petersburg. He stated that he would like whoever is in charge of all the religion to come to the City Council meeting and give everyone a report on the direction that they would like to go regarding the state and care of what is going on in City. He stated that at the completion of the dam he hopes that there is a ribbon cutting. He stated that they should look at the job that was done before they let the water back in. He stated that he has been thinking about the recreation center and the health center. He stated that now that he has thought about it he thinks that it is a bad idea. He stated that he would like them to reconsider their decision. He stated that the school should remain a school. He stated that the recreation center should be only a recreation center and built from the ground up. Miles Owanga, 510 Hannon Street, stated that he would like to speak on the Devon Thomas situation. He stated that Devon Thomas is his nephew. He stated that he and his family feel as though it was a great tragedy that happened. He stated that he has been a victim of police brutality and excessive force on several occasions. He stated that there definitely needs to be more training with the officers that are in the City and on the streets. He stated that it is no different than a military occupation overseas in Iraq or Afghanistan where the citizens are victimized and the soldiers come home and visit neighborhood and do as they please. He stated that he knows where drugs have been thrown on people and informants have been known and false warrants have been submitted. He stated that they then make you take a plea deal in court. He stated that he thinks that something needs to be done. He stated that he is not against the police in any way and that they need them. He stated that the City needs the police to follow directions and rules that are set forth. He stated that they should not go above and beyond because this is not right. He stated that they are not held accountable when things go wrong. He stated that the Chief of Police stated that Mr. Thomas would not talk. He stated that his nephew Mr. Thomas only stated that he will not talk without his lawyer present. He stated that he just wanted to clear the air. He stated that he is not against police officers but that when they are in uniform they are in a color of state and that they should follow rules and regulations. Vernel Gannaway, 652 Old Wagner Road, stated that the citizens before him said it all. He stated that one of the things that they talked about was how special the City is. He stated that the City needs to reconsider the things that they are doing with their youth. He stated that he heard one of the speakers state that they should charge the churches with tax. He stated that he thinks that this is something they should consider. He stated that the City needs cohesiveness. He stated that these are the kind of things they need in the school system. He stated that as the City continues they need to reach out to each other to better the City. Linwood Christian, 410 Mistletoe Street, stated that he is so sorry that the media left because they got the story that they wanted. He stated that at the last City Council meeting it bothered him when the Tri-City Alliance felt as if they could unite black people against the police department. He stated that there is a lot to this story that none of them know about. He stated that before they go running to quick judgments he will say that compared to the last Chiefs the City has had he has addressed a lot of the problems that has ever been brought before him when it comes down to his police force. He stated that this would be slap in the City’s face when people come from out of town and destroy the City. He stated that he hopes that City Council can tell how they lost the $1.1 million dollars for the Lead Grant. He stated that they need some answers on this. He stated that they need to come out in the press about this. Sarah Melissa Witiak, 22 Centre Hill Court, stated that the Farmer’s Market has been doing well this season and that she would like to thank the City for this and encourages them to continue their support. She  Minutes from the Petersburg City Council meeting held on: July 22, 2014 - 13 – ______________________________________________________________________________ stated that she would like to thank the City for their support with Dr. Marcus Comer. She stated that she thinks that his project will be really cool. She stated that she would like to know from City Council the status on City Hall and the hotel and the properties as well. She stated that she prefers this in a public format. She stated that it is great that the dam has come down. She stated that she likes to encourage the City to make a lot of the things that they are doing public and communicate with the citizens. She stated that she saw the police get in a verbal altercation with someone and that she saw the police grab a woman smaller than her pick up the woman in the air and slam her on the ground. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of a request from the Petersburg Public School Division for City Council to adopt a resolution concurring with the School Division’s election to pay the VRS Board-Certified Rate. BACKGROUND: On June 4, 2014, the Board of the Petersburg City Public Schoolsadopted a Member Contributions by Salary Reduction for School Divisions Resolution certifying to the Virginia Retirement System Board of Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2014: Professional Employees [corresponding employer code 4-40213]: PLAN 1 Percent PLAN 2 Percent Employer Paid Member 0% Employer Paid Member 0% Contribution Contribution Employee Paid 5% Employee Paid 5% Member Contribution Member Contribution Total 5% Total 5% Non-professional Employees [corresponding employer code 5-55513]: PLAN 1 Percent PLAN 1 Percent Employer Paid Member 0% Employer Paid Member 0% Contribution Contribution Employee Paid 5% Employee Paid 5% Member Contribution Member Contribution Total 5% Total 5% (Note: Each column must add up to 5 percent.) In addition, on June 4, 2014, the Board of the Petersburg City Public Schools adopted an Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions resolutions acknowledging that its contribution rates effective July 1, 2014, shall be based on the higher of a) 2013 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees pursuant to Virginia Code §51.1-145 (I) resulting from the June 30, 2013 actuarial value of assets and liabilities (the “Certified Rate”). The Petersburg City Public Schools certified to the Virginia Retirement System Board of Trustees that it elects to pay the certified rate of 14.5% and 12.4% respectively. RECOMMENDATION: Recommend that Council adopt the attach resolution. Donita Harper, Director of Business and Finance for Petersburg Public Schools, gave a brief overview of the attached resolution.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 - 14 – ______________________________________________________________________________ Vice Mayor Webb made a motion to adopt the resolution concurring with the school division electing to pay the VRS Board-Certified Rate. 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-R-30 A RESOLUTION CONCURRING WITH THE SCHOOL DIVISION ELECTING TO PAY THE VRS BOARD-CERTIFIED RATE. b. Consideration of authorizing the City Manager to execute an amendment to the agreement between the City of Petersburg and the Department of Military Affairs. BACKGROUND: The Department of Military Affairs and the City of Petersburg desire to amend the agreement relating to the Virginia National Guard Readiness Center, also known as the “Armory.” A draft Amendment to the Agreement is attached for your review. RECOMMENDATION: Recommend Council approve the attached Amendment and authorize the City Manager to execute the Amendment to the Agreement with the Department of Military Affairs. Council Member Coleman made a motion to approve the attached amendment and authorize the City Manager to execute the amendment to the agreement with the Department of Military Affairs. 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-78 AN ORDINANCE APPROVING THE AMENDMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT TO THE AGREEMENT WITH THE DEPARTMENT OF MILITARY AFFAIRS. c. Consideration of a request for the appropriation of a grant award from The Cameron Foundation for repairs to Centre Hill Mansion. BACKGROUND: A grant was sought to continue the restoration work at Centre Hill Mansion. A previous grant awarded by The Cameron Foundation allowed for the exterior window and cornice restoration and it was completed last year. This grant will allow the City to continue to move forward with preservation of this structure, specifically by repairing, replacing and installing shutters, cleaning the south portico; and cleaning, repairing and painting the north portico. Centre Hill Mansion is a historic Petersburg home built in 1836. The home exhibits Greek Revival, Colonial Revival, and Federal architecture as well as decorative arts from the 18th-20th centuries. The building is central to the revolving educational experience showcasing Petersburg, the Civil War, and African American history to local, state-wide, and national audiences. The City’s Comprehensive Plan includes the preservation of its historic buildings so that visitors and residents can understand and be proud of the dramatic and unique role the City has play in American history. Centre Hill Mansion, one of the City’s oldest structures, is central to that understanding. RECOMMENDATION: Recommend Council adopt the attached appropriation Ordinance in the amount of $135,236. Michelle Peters, Director of Planning and Community Development, gave a brief overview. Vice Mayor Webb made a motion adopt the attached appropriation ordinance in the amount of $135,236. 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  Minutes from the Petersburg City Council meeting held on: July 22, 2014 - 15 – ______________________________________________________________________________ 14-ORD-79 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $135,236 FOR CENTRE HILL MANSION CAMERON. d. Consideration of a request for appropriation of Federal Asset Forfeiture Funds received by the Office of the Commonwealth’s Attorney. BACKGROUND: The Office of the Commonwealth’s Attorney received $17,717 in federal asset forfeiture funds. A budget request sheet is attached that depicts how the office intends to utilize the funds. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance in the amount of $17,717. Council Member Myers made a motion to adopt the appropriation ordinance in the amount of $17,717. The motion was seconded by Vice Mayor Webb. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Pritchett, Ross, Wilson-Smith, Webb, and Moore 14-ORD-80 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $17,717 FOR COMMONWEALTH ATTORNEY FEDERAL ASSET FORFEITURE. e. Consideration of a request for appropriation of Federal Asset Forfeiture Funds received by the Petersburg Bureau of Police. BACKGROUND: In November 1990, citizens of Virginia voted to adopt laws allowing local law enforcement agencies to benefit from the seizure of monies, property, and goods connected with the illegal distribution of narcotics. The Department of Justice Asset Forfeiture Program encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crimes. The primary mission of the program is to employ asset forfeiture powers in a manner that enhances public safety and security. The Police Bureau intends to use these funds for technology. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance in the amount of $101,429. Council Member Myers made a motion to adopt the appropriation ordinance in the amount of $101,429. 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-81 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $101,429 FOR FEDERAL ASSET FORFEITURE-POLICE. Council Member Wilson-Smith stated that she went to a special meeting at the school board office. She stated that she attended and that the subject was that the school is not receiving finances or the monies owed from the City. She stated that they explained to the audience that they are behind in their bills and that they are incurring late fees and penalties. She stated that this is what she heard. She stated that she would like City Council to address this. She stated that this needs to be addressed because this is what is out in the public. She stated that this was in a public meeting. She stated that she thinks that the citizens deserve to know what is going on. She stated that they have heard a lot about police brutality. She stated that she does not know who is right and who is wrong. She stated that both parties have to protect themselves from whatever is going on. She stated that there is a video unfortunately on Facebook. She stated that she actually dropped a couple of tears when she saw the woman grabbed from behind. She stated that the City needs to have some type of  Minutes from the Petersburg City Council meeting held on: July 22, 2014 - 16 – ______________________________________________________________________________ public statement. She stated that on Thursday evening she will be having a semi Ward 1 Meeting with the Timber Heights Neighborhood from 6:00-8:00p.m. Mayor Moore stated that he would like to thank the citizens that came out to the town hall meeting on yesterday. He stated that the Lieutenant Governor gave a formal and knowledgeable speech. He stated that he spoke on the healthcare expansion. He stated to City Council Members that they have been given a draft copy of the agenda for the 2014 City Council Advance. He stated that if they have anything extra to include in the agenda then to get the items to Ms. Jackson no later than Friday. 9. CITY MANAGER’S AGENDA: a. Update on an engineering study regarding six (6) traffic signals. BACKGROUND: The following intersections were previously studied and the results concluded that the signals were not warranted based on Highway Capacity Manual requirements. We further reviewed the signals by placing the signals in flash mode to stimulate how traffic will flow without the signals. We conclude the following from the flashing mode review: The following three (3) signals were returned to normal operation based on Public Works Department and Police Department review of the intersections: 1. W. Wythe Street/West Street 2. W. Washington Street/ West Street 3. W. Wythe Street/ South Street The following two (2) signals did not meet the warrants or traffic field observation; therefore, will be removed. However, we will continue to have the intersection flashing with proper signage and stop control for an additional 90-days to ensure the removal will not impact roadway user safety and to provide ample time for the traffic signal transition. 1. W. Washington Street/ Elm Street 2. S. West Street/Farmer Street The following signal was modified in operation to allow for timed signalized traffic control during daytime hours. During night time hours (7:00 p.m.-7:00a.m.), the signals will be in flashing mode to allow free flow of traffic. This signal marginally met one of the peak hours signal warrants and the modified operation will help to accommodate peak hour traffic flows more efficiently. 1. E. Washington Street/ Slagle Avenue RECOMMENDATION: For information purposes only. There was discussion among City Council Members. 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.  Minutes from the Petersburg City Council meeting held on: July 22, 2014 - 17 – ______________________________________________________________________________ 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 9:30 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor