City Council

Minutes from the Petersburg City Council meeting held on: November 25, 2014 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, November 25, 2014, at the Union Train Station. Mayor Moore called the closed session meeting to order at 4:30p.m. 1. CLOSED SESSION – 4:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member W. Howard Myers Council Member Carl Ross Council Member Treska Wilson-Smith Vice Mayor Horace P. Webb Mayor Brian A. Moore Absent: Council Member Ken M. Pritchett 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; under Subsection 3 to discuss the disposition of publicly held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City; under Subsection 5 to discuss an existing City business; and under Subsection 7 to consult with legal counsel and/or City staff in which disclosure would affect the posture 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, Ross, Wilson-Smith, Webb and Moore; Absent: Pritchett City Council entered closed session at 4:30 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 Vice Mayor Webb. 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; Absent: Pritchett 14-R-46 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.  Minutes from the Petersburg City Council meeting held on: November 25, 2014 -2– ______________________________________________________________________________ 1. REGULARLY-SCHEDULED MEETING – 6:30 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 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 of a plaque and recognition of the Public Works Department for the efforts leading up to the City being awarded a Gold-Level Certification for VML’s Green Government Challenge. BACKGROUND: The City received Gold-Level Certification for Virginia Municipal League’s Green Government Challenge for successfully implementing environmental policies and taking practical actions to reduce carbon emissions. In 2012 the City of Petersburg was recognized by VML as a certified “Green Government” and in 2013 Silver-Level Certified. Most of the City’s efforts that earned this recognition either originated in or are operated through the Department of Public Works, specifically:  Performed an Energy Efficiency study of the City’s Facilities to develop an Energy Improvement Plan which will reduce greenhouse gas emission and provide an energy guarantee savings related for the maintenance and operations of water, lighting, HVAC and roofing; and  Adopted a policy of LEED Certification for all public facilities for construction and renovations; and  Implemented a City-wide recycling collection program with Container First Services LEED certified recycling program; and  Adopted a Green Fleet Policy to reduce twenty percent of the City’s annual usage of petroleum by January 2018; and  Implemented Storm Water Management Utilities fees and programs to repair existing drainage structures, properly manage erosion and sediment runoff, and to devise new projects to improve water quality such as low impact development and stormwater management best practices; and  Completion of the Virginia Tech’s Environment and Sustainability Management System Training Program (ESMS) to develop best practices to reduce environment impacts and increase operating efficiency; and  Minutes from the Petersburg City Council meeting held on: November 25, 2014 -3– ______________________________________________________________________________  Received over $800,000 of Congested Mitigation and Air Quality Improvement Grants to optimize the operation of traffic signals and improve the management of current and future flow while reducing congestion and vehicle idling; and  Removed 12-traffic signals that reduces fuel and greenhouse gas emission and electricity cost; and  Established Petersburg Area Transit and GRTC partnership to open a Ride Finders’ Petersburg Satellite Office to help promote transit, carpooling, vanpooling, and biking; and  Added 5-miles of new bike lanes as part of the City’s annual pavement schedule; and  Currently replacing 11,500 water meters with Automated Meter Reading System (AMR) to improve conservation of water and reduce vehicle emissions by 9 tons of Co2. RECOMMENDATION: Recommend Council publicly recognize the efforts of the Public Works Department which resulted in the City being awarded Gold-Level Certification in VML’s Green Government Challenge. Steven Hicks, Director of Public Works, thanked the City for award. He stated that he wants everyone to know that without City Council support and the City Manager and all other departments that make-up the City. He stated that he appreciates this recognition and hope that the city continues to move forward to the next level. 5. CONSENT AGENDA: a. Minutes of the Council meetings held on June 17, September 2, September 16, October 14, and October 21, 2014. b. Request to schedule a public hearing on a proposed Ordinance adding Sections 110-10 through 110-12 to Chapter 110 of the Code of the City of Petersburg. c. Request to schedule a public hearing on a proposed Ordinance adding Section 70-8 to Chapter 70 of the Code of the City of Petersburg. d. Request to schedule a public hearing on the disposition of publicly-owned properties addressed as 732, 736, and 738 Halifax Street. e. Request to schedule a public hearing on an amendment to the Petersburg Central Business District Enterprise Zone. f. Request to schedule a public hearing on a petition for a change in the zoning designation of property addressed as 423 Third Street. g. Request to schedule a public hearing on a petition for a change in the zoning designation of properties addressed as 716, 724, 732, 736, 738, 742 Halifax Street and a portion of 533-535 Shore Street. h. Request to schedule a public hearing on a petition for a Special Use Permit to operate a stand- alone used vehicle sales establishment not associated with a new-vehicle dealership and for a stand-alone vehicle repair shop at property addressed as 1921 East Washington Street. Vice Mayor Webb made a motion to accept the Consent Agenda and to schedule public hearings on a proposed Ordinance adding Section 110-10 through 110-12 to Chapter 110 of the Code of the City of Petersburg; on a proposed Ordinance adding Section 70-8 to Chapter 70 of the Code of the City of Petersburg; on the disposition of publicly-owned properties addressed as 732,736, and 738 Halifax Street; on an amendment to the Petersburg central Business District Enterprise Zone; on a petition for a change in the zoning designation of property addressed as 423 Third Street; on a petition for a change in the zoning  Minutes from the Petersburg City Council meeting held on: November 25, 2014 -4– ______________________________________________________________________________ designation of properties addressed as 716, 724, 732, 736, 738, 742 Halifax Street and a portion of 533-535 Shore Street; and on a petition for a Special Use Permit to operate a stand-alone used vehicle sales establishment not associated with a new-vehicle dealership and for a stand-alone vehicle repair shop at property addressed as 1921 East Washington Street on December 9, 2014. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 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 a proposed ordinance amending Chapter 26 of the Code of the City of Petersburg. BACKGROUND: The proposed amendment to Chapter 26 of the Code of the City of Petersburg will expand which industry professionals are able to provide massages. RECOMMENDATION: Recommend Council adopt the attached ordinance. Danielle Powell, Assistant City Attorney, gave a brief overview on the proposed ordinance amending Chapter 26 of the Code of the City of Petersburg. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. There was discussion among City Council Members and staff. Council Member Coleman made a motion to amend Chapter 26 of the Code of the City of Petersburg. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-ORD-104 AN ORDINANCE TO AMEND SECTION 26-3 (B) OF ARTICLE I, OF CHAPTER 26; ADDING CERTIFIED MASSAGE THERAPIST, OF THE 2000 CODE OF THE CITY OF PETERSBURG, AS AMENDED. b. A public hearing on a proposed ordinance amending Chapter 22 of the Code of the City of Petersburg. NOTE: This public hearing has been withdrawn. c. A public hearing on a request to amend an approved Rezoning (10-ORD-101), permitting a Planned Unit Development (PUD), for properties addressed as 214 Brown Street, 501 farmer Street, 220 Perry Street, and 304 Brown Street. BACKGROUND: The proposed project consists of mixed-use, mixed-income with commercial and one hundred and seventy five (175) residential units. Based on a recently commissioned market study and financial pro-forma, the unit mix will be 105 market rate units and 70 affordable units. During an evaluation of the income of the residents currently residing in neighboring properties it was determined that majority of those units were rented to persons making an income that would qualify them for workforce housing. In addition, the development would make available units that would be aged restricted (senior housing). This mix will allow the development to be affordable to a wide range of persons in the Petersburg and regional area.  Minutes from the Petersburg City Council meeting held on: November 25, 2014 -5– ______________________________________________________________________________ A condition of the previously approved rezoning to the Planned Unit Development requires all multi- family residential units to be market rate. Age restricted and affordable housing is currently not permitted. Based on the current zoning the only units that can be developed would be units offered at market rate. This application also request permission to add uses such as educational, institutional and warehousing. The warehouse use will only be limited to storage for residents and commercial tenants in the development. Market rate rental units are also a part of this development. The request is to add to the language and also aloe affordable workforce and senior housing. In addition to expanding the permitted commercial uses to include institutional, educational and warehouse. There is also a prohibition on using tax credits through VHDA and this language, the applicant is requesting to be deleted. 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, table for further consideration to the Planning Commission was to approve conditions 3 (a) allowing senior housing and market rate, 3 (c) include educational and institutional uses and 3 (d) include warehouse use (storage for residents and commercial tenants). Michelle Peters, Director of Planning and Community Development, gave a brief overview on the request to amend an approved Rezoning (10-ORD-101), permitting a Planned Unit Development (PUD), for properties addressed as 214 Brown Street, 501 farmer Street, 220 Perry Street, and 304 Brown Street. Tom Wilkinson, Edens New Perry, LLC, gave a PowerPoint presentation. Mayor Moore opened the floor for public comment. Charlie Cuthbert, 132 South Adams Street, stated that he owns part of the 48 market rate apartments in downtown Petersburg. He stated that his apartments are not market rate or subsidized. He stated that he does not compete with the low-income proposal and that he would like this brought to everyone’s attention. He stated that he opposes this proposal for three reasons. He stated that he ask City Council to turn down the low -income component of this proposal. He stated that the first reason is that this proposal will create another magnet. He stated that it will attract the poor from outside of Petersburg. He stated that the result would be an increase in concentration of poverty in the City. He stated that he knows this from firsthand experience. He stated that it surprised him ten days ago when he was in a deposition. He stated that defense was taking deposition of his client. He stated that the defense council asked the gentleman where he went to high school. He stated that the young man answered that he went to Matoaca High and that he has graduated. He stated that the young man stated that he graduated with a special education degree. He stated that the young man does not work and that he is classified as disable and that he leaves in the Carriage House Apartments. He stated that Petersburg has become the base of which the poor in area drain. He stated that it increases a burden on all the City’s tax payers. He stated that this is happening and that it will happen even more with this project. He asked can this project be successful with the market rate project. He stated that Mr. Wilkinson responded yes in his presentation twice. Mr. Cuthbert stated that his apartments are full. He stated that this can be done at market rate and the City gets an increase tax rate. He stated that his third reason is that this will create an unstoppable precedent. He stated that with these reasons he ask that City Council follow the recommendation of the Planning Commission. Karen Bostic, 1219 St. James Street, stated that she finds Petersburg to be a diamond in the rough. She stated that she is happy to be a resident of the City. She stated that it is unfortunate that America has poor people but that if you give them the opportunity of affordable housing then it would provide hope for people. She stated that sometimes you have to give a little. She stated she thinks that from what she is seeing there is possibility. She stated that she has walked the streets in the last two weeks. She stated that she has had an opportunity to speak to people. She stated that she understand their hope and desire. She stated that she thinks that sometimes you have to take a step back and give a little hope. She stated that she thinks that the  Minutes from the Petersburg City Council meeting held on: November 25, 2014 -6– ______________________________________________________________________________ project is awesome and that it gives people hope. She stated that she hopes that City Council takes this into consideration of the money that the City will receive as well as the hope that they will give some citizens. Lester Beasley, 126 Nash Street, stated that he is from Petersburg and that he has properties in the City of Petersburg as well. He stated that when he was a little boy the properties that are in discussion produced a lot of income. He stated that there have been seven world powers in history and that they all have something in common. He stated that he hears the gentleman talk about the poor as if they were a parasite. He stated that the poor needs to be looked after. He stated that every government has many departments. He stated that the poor need a place to stay everyday as well. He stated that this is a great project and an opportunity to put a bank on every corner again. Willie Noise, 1508 Circle Drive, stated that he has been riding around the City and that he sees where they have been demolishing buildings. He stated that on the other hand he sees a lot of buildings that are good structures for buildings but the appearance looks bad. He stated that he thinks that concentration should be on some of these buildings to bring back where family members can come in and live together. He stated that most places look like families are breaking up and that they are going everywhere. He stated that in order to get some unity these families need to live together and hassle their problems out. He stated that the other thing is that he asked a couple of guys why they were not moving into the structures that have been built. He stated that their response was that they have a felony charge and they will not allow them in there. He stated that the new structures and ideas are really discriminating against certain people. He stated that when the gentleman spoke about the poor people it is true. He stated that there are people that migrate from City to City trying to get in on what benefits are offered. Daniel Lipford, participant in the developer’s forum, stated that he thinks that one thing that is being overstated is that the credits are for the poor. He stated the credits are for working class people like the many individuals in the room. He stated that he is a prior military person and that he served in Iraq for some years. He stated that these buildings are for people that need a helping hand with life and not specifically for the poor people. Louis Wingard, 2841 Dupuy Road, stated that when you look at the housing areas where low-income people live the people are paying affordable rent and some are paying subsidized rent. She stated that when you put a person in a beautiful area and living in the same place but different aspects it is giving the other person hands up. She stated that that this is not a crutch. She stated that this is giving them hands up. She stated that this is raising their standards of living. She stated that sometimes people are living in a place that may not be very nice and there are children that are growing up in these places. She stated that when these people are in an area where they can afford to live it is raising the people up. She stated that there was a study done in Chicago or New York with regards of large buildings. She stated that these areas are subsidized. She stated that these people do not move out because they are comfortable there. She stated that she believes that this project should go forward and give these people the opportunity to raise their standards of living. Linwood Christian, 410 Mistletoe Street, stated that he is glad and upset that he did not stay at home tonight. He stated that he is supposed to be off the face of the earth at this point. He stated that this is one time that he does not know why the Planning Commission denied the proposal. He stated that his problem is coming from the words of using “these people.” He stated that those choices of words are really getting under his skin. He asked what is meant by “these people.” He stated that poor people are people period. He stated that they are human beings and that he is classified as poor. He stated that he is living from one disability check to another. He stated that most of the apartments will be occupied by the working poor. He stated that at the same time they have to look at some of the landlords in the City who they still have yet to shut down due to the blight in the community. He stated that these are the people but at times City Council has given them a free pass to do whatever they want to do. He stated that it takes heaven on earth to get them to do what they are supposed to do. He stated that the City can come after him for not paying civil fines but other things that come about they let it go. He stated that this is a project that is trying to help people help themselves. He stated that yet the City wants to listen to people talk about denying it. He asked will they let him move next to them.  Minutes from the Petersburg City Council meeting held on: November 25, 2014 -7– ______________________________________________________________________________ Mr. Barnes, 2 Lafayette Street, stated that he applauds the development that is being presented. He stated that he is a disabled veteran. He stated that in the tidewater area they do not build projects. He stated that they build mixed places like what is being noted. He stated that it is prosperous and that the entire Norfolk area is turning around. He stated that he is making Petersburg his home. He stated that it is projects like this that is needed. He stated that he is a disabled veteran. He stated that he would like to thank City Council for the opportunity to speak. George Lyons, 209 Perry Street, stated that he works across the street from the development. He stated that he is a pastor and that he is a clergyman who spends more than 40 hours a week from the facility. He stated that he has observed a good neighborly relationship. He stated that about five years ago he spoke with Mr. Wilkinson and some other persons from the City about planned use of the site. He stated that he is excited about the full potential development that is taking place. He stated that is fascinated and that he has been in Petersburg for six and a half years. He stated that the location of where he works has been there for about 190 years. He stated that the neighbors and residence are good neighbors. He stated that to him it seems that if there is a cost benefit to a developer who has maintained and kept his word and guidelines and the neighbors are happy then the finances today can mean survival today. He stated that this is wonderful even with the fire that took place. He stated it is no secret that his business is to minister to the poor. He stated that he is a person who has been poor and came from a low-income household. He stated that his parents instilled in him the value and respect of property. He stated that as a clergyman that it is his business that this is instilled in him. He stated that he hopes that City Council supports the developer. He stated that this would be a symbol for other developers to come. Reverend Robert Diggs, 1970 North Westchester Drive, stated that he was asked to come support this project. He stated that he is in support of this project and the way that it was originally presented. He stated the thing tonight that causes the project to be in competition with his project is that they initially were not talking about affordable housing. He stated that the affordable housing aspect of it causes the market share for Petersburg to move into a negative score and place his project in jeopardy. He stated that he has forty units online that are affordable housing for VHDA. He stated that he would have to get a letter of support from the City Manager in order to go forward. He stated that his project was under three tiers of the score last year. He stated that it will be competitive this year in a way that they will get funding from VHDA. He stated that he is in support of the project because all of the people behind him are his friends. He stated that at the same time he can sit down and be comfortable with something that is going forward that is going to put his project in jeopardy. He stated that they just received a $500,000 grant from the Cameron Foundation. He stated that everything is positive as it relates to Claiborne Square Two. He stated that he wants City Council to look at when they vote that they look at other aspects as it relates to affordable housing in the City of Petersburg. Michael Edwards, 409 Grove Avenue, stated that he sits and listens to everything that everyone else has. He stated that Petersburg is a diversified City. He stated that there are many walks of life, religion and levels of income. He stated that Petersburg is unique and that everyone has their own story. He stated whether they make six figures a year or barely make $1,000 a year. He stated that he is not going to preach religiously and that there are enough pastors in the audience to do this. He stated that this does teach everyone that they should help their fellow man. He stated that he remembers standing up at the last meeting talking about positive Petersburg. He stated that if the City denies this then how positive is the City being. He asked how they are going to help the people that are trying to get on their feet. He stated that he does ask for City Council to look at this. He stated that can be to help a single mother that may have two or three jobs. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members and staff. Council Member Wilson-Smith made a motion to overturn the Planning Commission decision and approve the proposal in its entirety. Motion dies due to lack of second.  Minutes from the Petersburg City Council meeting held on: November 25, 2014 -8– ______________________________________________________________________________ Council Member Ross made a motion to approve the Planning Commission recommendation with conditions as follows: (a) allowing Senior Housing, educational, institutional and warehouse uses and deny the multifamily, as well as deny the removal of the condition which prohibits projects being financed by the low- income tax credits through VHDA. The motion was seconded by Council Member Coleman. The motion was not approved on roll call. On roll call vote, voting yes: Coleman, Ross, and Webb; Voting No: Wilson-Smith and Moore; Abstain: Myers d. A public hearing on a request for a Special Use Permit to operate a halfway house at 230 South Crater Road. BACKGROUND: The existing facility was formerly WXEX TV-8 with an adjacent tower on the property. A more recent use included a school for troubled teenage boys. The property is in the B-2 (General Commercial zoning) district. A special use permit is required for the halfway house use. The Discipleship Housing Ministry, Inc. operates this Christian Transitional and Supportive Housing program for ex-offenders. The program operated by the ministry includes providing housing, employment, training opportunities, financial planning, and an opportunity to be a part of the community through community service projects. The program aims to assist ex-offenders with gaining access to services offered through Social Services and other faith-based ministries and organizations. The program will be financed through private grants given to ex-offenders who participate. The grants will cover room, board, meals and training. The applicant was requested to work with staff on the application and come back with specific answers to questions. The applicant has provided additional information that answers the questions raised by staff. Staff has assisted the applicant to get satisfactory answer concerning the program and operation. A decision is necessary from Council on this application before any further action can be taken. 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 a brief overview for a Special Use Permit to operate a halfway house at 230 South Crater Road. Eric Evans, petitioner, gave a brief summary of the request for a Special Use Permit for property at 230 South Crater Road. Mayor Moore opened the floor for public comment. John Johnson, 745 Harrison Street, stated that he has known the petitioner all his life. He stated that Mr. Evans is serious and that he stated three years ago that he was going to do this project to help out the gentlemen. He stated that he worked in the penitentiary for 18 years. He stated that he knows everything that Mr. Evans is saying. He stated that everything that Mr. Evans stated is true and that these guys need a chance. He stated that City Council has an opportunity to give the men a chance. He stated that he highly recommends that City Council approve the request from Mr. Evans. Joseph Ross, 226 South Little Old Church Street, stated that he lives directly behind the school that is in the request. He stated that the only problem that he has is that the area that he lives in is a high crime area. He asked how Mr. Evans plans on controlling the crime in that area. He asked how Mr. Evans will be staffing himself to make sure that the people that he brings in are not contributing to the problem. He stated that they have had two shootings in the area and that people are up and down the street all day. He stated that he does  Minutes from the Petersburg City Council meeting held on: November 25, 2014 -9– ______________________________________________________________________________ not have a problem with Mr. Evans plan and that he would like him to succeed. He stated that he wants to know if these people will be fully staffed and will these people not contribute to the crime in the area. Mr. Evans stated that the individuals that are coming out are going to come out regardless. He stated that he cannot monitor the ones that are out now. He stated that he is offering something that would reduce the crime rate and reduce these men from going back to prison. He stated that no one can control what is going on out in the city now. He stated that his staff has worked with the Department of Corrections for 30 years and that they still work there. He stated that he has a full staff that is trained and has been with the Department of Corrections. He stated that they are not police officers and that they are monitoring them the best they can. He stated that there will be some that will succeed and that there will be some that will not. He stated that he cannot sit and tell them that they will have a 100% success rate because no one can. He stated that he is present to offer everything that he can to help them. Vernel Gannaway, 652 Old Wagner Road, stated that it is a great idea. He stated that he met these gentlemen before. He stated that he understands that the City is trying to be a model City. He stated that the City has had some downfalls in the City. He stated that some of the major crimes have gone down in the City. He stated that this gentleman is coming to enhance the community. He stated that he understands the things that the gentleman has stated have happened behind him. He stated that this is happening in every neighborhood. He stated that there is no model neighborhood in the City. He stated that he applauds any individual that has gone thru the system and came out the system. He stated that these are things that they can overcome. He stated that he applauds the gentleman trying to make the City something that City Council wanted which is a model for everyone else. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members and staff. Mr. Telfair stated that with respect to people’s time and based on some of the answers that the applicant has given he feels obligated that City Council goes into closed session. CLOSED SESSION: 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 7 to consult with legal counsel and/or City staff. Council Member Myers moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Coleman. 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; Absent: Pritchett City Council entered closed session at 8:20 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 Vice Mayor Webb. 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; Absent: Pritchett 14-R-47 A RESOLUTION CERTIFYING, AS REQUIRED BY THE CODE OF VIRGINIA, SECTION 2.2- 3712, THAT TO THE BEST OF EACH MEMBER’S KNOWLEDGE, ONLY PUBLIC BUSINESS MATTERS LAWFULLY EXEMPTED FROM OPEN MEETING REQUIREMENTS OF VIRGINIA  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 10 – ______________________________________________________________________________ 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. Council Member Wilson-Smith made a motion to approve a Special Use Permit to operate a halfway house at 230 South Crater Road. The motion was seconded by Vice Mayor Webb. Council Member Coleman made a substitute motion to table the request for a Special Use Permit to operate a halfway house at 230 South Crater Road. The motion was seconded by Vice Mayor Webb. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett e. A public hearing on the City’s Public Utilities Capital Improvement Plan (CIP) for Fiscal Years 2015-2019. Note: A public hearing on this matter was scheduled for October 14, 2014; however, it is recommended that the public hearing be rescheduled for November 25, 2014, so the Public Utilities CIP can be presented to the Petersburg Planning Commission. BACKGROUND: The Utility Capital Improvement Plan for Fiscal Year 2015-2019 proposes projects and the funding plan for projects to provide for the improvement of water and wastewater utility infrastructure throughout the City. At its November 5, 2014, meeting, the Planning Commission of the City of Petersburg recommended that City council approve the Utility Capital Improvement Program for Fiscal Years 2015-2019 with a vote of 7- 0. A copy of the Planning Commission’s Resolution is attached for your review. A copy of the Planning Commission’s Resolution is attached for your review. The appropriation ordinance breaks down the expenditure and revenue distribution that supports this request. RECOMMENDATION: Adopt. Gary Duval, General Manager of Public Utilities, gave a brief overview on the City’s Public Utilities Capital Improvement Plan (CIP) for Fiscal Years 2015-2019. Mayor Moore opened the floor for public comment. Willie Noise, 1508 Circle Drive, asked is there a serious problem for the overrun and drainage when there is a heavy rain in the City. He asked whether this problem is being taken care of. Mr. Johnson stated to Mr. Noise that if he sticks around for the next public hearing it will address that issue. Seeing no further hands, Mayor Moore closed the public hearing. Council Member Myers made a motion to adopt and approve the City’s Public Utilities Capital Improvement Plan (CIP) for Fiscal Years 2015-2019 and the appropriation in the amount of $2,100,000. The motion was seconded by Vice Mayor Webb. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-ORD-105 AN ORDINANCE AMENDING THE CAPITAL IMPROVEMENTS BUDGET, SAID ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015. THIS AMENDMENT APPROPRIATES $2,100,000 FOR 2015- 19 UTILITIES CAPITAL IMPROVEMENT PLAN. f. A public hearing on the City’s Stormwater Utility Capital Improvement Plan (CIP) for Fiscal Years 2015-2019.  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 11 – ______________________________________________________________________________ BACKGROUND: The Storm Water Utility Capital Improvement Plan for Fiscal Years 2015-2019 proposes projects and the funding plan for projects to provide for the improvement of Storm Water management infrastructure and flooding conditions throughout the City. The Planning Commission has recommended a Storm Water Utility CIP Budget for FY15 in the amount of $3,000,000 for the Fiscal Year beginning July 1, 2014 and ending June 30, 2015. Public hearing will be held November 25, 2014. The appropriation ordinance breaks down the expenditure and revenue distribution that supports this request. RECOMMENDATION: Adoption Darryl Walker, Stormwater Program Manager, gave a brief overview on the City’s Stormwater Utility Capital Improvement Plan (CIP) for Fiscal Years 2015-2019. Mayor Moore opened the floor for public comment. Vernel Gannaway, 652 Old Wagner Road, stated that he has questions with regards to the drainage. He stated that he would like to know what they are going to do with the properties that have ease on it. He stated that he would like to know what they are going to do with the drainage on the property of people that have ease. Mr. Walker stated that part of the design and structure cost if there is a need to do some of the work. He stated that this is all part of the design and structure of work. He stated that this is all included in the figures that are noted. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members and staff. Council Member Ross made a motion to adopt the City’s Stormwater Utility Capital Improvement Plan (CIP) for Fiscal Years 2015-2019 and approve the appropriation in the amount of $3,000,000. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-ORD-106 AN ORDINANCE AMENDING THE CAPITAL IMPROVEMENTS BUDGET, SAID ORDINANCE MAKING APPOPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014 AND ENDING JUNE 30, 2015. THIS AMENDMENT APPROPRIATIONS $3,000,000 FOR 2015-19 STORM WATER CAPITAL IMPROVEMENT PLAN. g. A public hearing on proposed Transportation Alternative Program (TAP) Project, specifically, a Safe Route to School (SRTS) Project. BACKGROUND: The Transportation Alternatives Program (TAP) was authorized in the most recent federal transportation bill – Moving Ahead for Progress in the 21st Century, also known as MAP – 21. This legislation was signed into law on July 6, 2012. The Transportation Alternatives Program redefines the former Transportation Enhancement (TE) Program and consolidates these eligibilities with Safe Routes to School and Recreational Trails program eligibilities. MAP-21 identifies four (4) categories of eligibilities for the Transportation Alternatives Program:  Transportation Alternatives  Safe Routes to School  Recreational Trails  Boulevards in former Interstate System Routes Information about the Safe Routes School Project follows:  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 12 – ______________________________________________________________________________ The Safe Routes to School Project is a $1,035,000 project in which a study for needed crosswalks, warning signs, and sidewalk improvements within a half-mile of the following schools will be completed: 1. Study City-Wide $125,000 2. Peabody Middle $135,000 3. Westview Middle $125,000 4. JEB Stuart Elementary $115,000 5. Walnut Hill Elementary $145,000 6. Petersburg High $145,000 7. R. E. Lee Elementary $125,000 8. Blandford School $120,000 The TAP grant has a 20% required match. RECOMMENDATION: Recommend Council hold a public hearing to receive public comment and adopt the attached Resolution supporting the City’s application and authorizing the City Manager to execute project administration agreements and any related documents for the TAP – Safe Route to Schools project. Steven Hicks, Director of Public Works, gave a brief overview on the proposed Transportation Alternative Program (TAP) Project, specifically, a Safe Route to School (SRTS) Project. Mayor Moore opened the floor for public comment. Seeing no hands, Mayor Moore closed the public hearing. There was discussion among City Council Members and staff. Vice Mayor Webb made a motion to adopt the resolution to propose the Transportation Alternative Program (TAP) Project, specifically, a Safe Route to School (SRTS) Project. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-R-48 A RESOLUTION SUPPORTING THE APPLICATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE PROJECT ADMINISTRATION AGREEMENT AND ANY RELATED DOCUMENTS FOR THE TRANSPORTATION ALTERNATIVE PROGRAM FISCAL YEAR 2015-2016, SAFE ROUTE TO SCHOOLS PROJECT. h. A public hearing on proposed Transportation Alternative Program (TAP) Project, specifically, the Fleet Street Riverfront Park and Trails Project. BACKGROUND: The Transportation Alternatives Program (TAP) was authorized in the most recent federal transportation bill – Moving Ahead for Progress in the 21st Century, also known as MAP – 21. This legislation was signed into law on July 6, 2012. The Transportation Alternatives Program redefines the former Transportation Enhancement (TE) Program and consolidates these eligibilities with Safe Routes to School and Recreational Trails program eligibilities. MAP-21 identifies four (4) categories of eligibilities for the Transportation Alternatives Program:  Transportation Alternatives  Safe Routes to School  Recreational Trails  Boulevards in former Interstate System Routes Information about the Fleet Street Riverfront Park and Trails Project follows:  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 13 – ______________________________________________________________________________ The gateway proposes a grand, accessible ‘promenade’ that connects Fleet Street to the riverfront using the existing 45’ tall arched concrete railroad trestles as organizing features. Parking, a trailhead park, vehicular and pedestrian access to the riverfront, and interpretive signs describing the historic mill canal and ruins are also proposed. Additionally, nighttime improvements include colorful LED lighting of the trestles and overhead span structures as well as pedestrian lighting of the promenade. Goals for the project are to create a regional destination for recreation, improve the southern access to VSU, improve the public’s access to the Appomattox riverfront, interpret the existing historic resources, improve the area’s overall appearance, and create a unique feature and regional destination. The Fleet Street Riverfront Park and Trails project is a $2,180,000.00 project that will create a unique and memorable gateway to Virginia State University, the Appomattox River, and the riverside heritage trails that extend east and west along the Appomattox. The project is being funded in three (3) phases. Phase I project cost is $870,130. The Cameron Foundation has agreed to pay 50% of the project ($435,065). If the application is approved, the TAP grant will be in the amount of $435,065 with a required 20% match from the City ($87,013). RECOMMENDATION: Recommend Council hold a public hearing to receive public comment and adopt the attached Resolution supporting the City’s application and authorizing the City Manager to execute project administration agreements and any related documents for the TAP – Safe Route to Schools project. Steven Hicks, Director of Public Works, gave a brief overview on the proposed Transportation Alternative Program (TAP) Project, specifically, a Fleet Street Riverfront Park and Trails Project Mayor Moore opened the floor for public comment. Richard Taylor, 828 West Tuckahoe Street, stated that he thinks that this project fits right in for what the City wants to do to attract tourist and provide outdoor recreation for the citizens. Seeing no further hands, Mayor Moore closed the public hearing. There was discussion among City Council Members and staff. Council Member Coleman made a motion to approve the proposed Transportation Alternative Program (TAP) Project, specifically, the Fleet Street Riverfront Park and Trails Project. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-R-49 A RESOLUTION SUPPORTING THE APPLICATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE PROJECT ADMINISTRATION AGREEMENT AND ANY RELATED DOCUMENTS FOR THE TRANSPORTATION ALTERNATIVE PROGRAM FISCAL YEAR 2015-2016, FLEET STREET RIVERFRONT PARK AND TRAILS PROJECT. 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. Patricia Fitzgerald, 647 Old Wagner Road, stated that she was the former owner of Caribbean Cuisine on Crater Road. She stated that it was a restaurant. She stated that her husband was the former owner of  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 14 – ______________________________________________________________________________ Classics which was a local restaurant in the City. She stated that the City had a task force in December 2007 that was going around collecting delinquent taxes. She stated that the City came to their place of business. She stated that most of the City officials were off duty. She stated that the City officials left from a Christmas Party to come to their place of business to close their restaurant for delinquent taxes. She stated that they did not receive a 21 day notice which is required by state law. She stated that anyone in default is supposed to know 21 days ahead of time. She stated that she did not get a notice. She stated that she has a list of whom her and her husband subpoenaed to come to court. Mayor Moore stated to Mrs. Fitzgerald to get the information to the Clerk of Council so that she may get this information to Council. Mrs. Fitzgerald asked if she can make a closing statement. She stated that she has been in touch with the General Assembly. She stated that the City’s tax dollars have retained three large law firms to prevent her family from having a day in court. She stated that she thinks that it is unfair for the tax payers. She stated that these people receive a nice check every month to process them out. She stated that she does not understand why they are doing this to them. She stated that she is asking that City Council contact the General Assembly since there are judges needed for the Circuit Court. She stated that the City needs diversity in the Circuit Court. Mr. Telfair stated that this particular claim that begun in December 2007 has been the subject of numerous lawsuits in the States and Federal Court System. He stated that these lawsuits have been brought up by the Fitzgerald’s since 2007. He stated that during his tenure in Petersburg the City has had three different lawsuits despite numerous judges advising the Fitzgerald’s that they do not have a claim. He stated that they have filed the exact same lawsuit over and over again in the courts. He stated that the good news for the tax payers is that all of the lawsuits have been covered by the City’s insurance. He stated that he says this to correct the record in terms of the allegation of somehow the tax payer’s dollars have been used to defend numerous and repeated lawsuits. Willie Noise, 1508 Circle Drive, stated that he would like to give a pep talk tonight. He stated that he is speaking on behalf of his jar of the people that are present tonight. He stated that in the jar people of all professions, complexion, state of health, stages of life, people of different states of attitude and all types of background and all walks of life but yet everyone has to exist among themselves. He stated that he is speaking mostly of family in Petersburg. He stated that the city must become a family and not individuals. He stated that there is a reason why some talk too much and others not enough. He stated that people should be first or at least the last on certain issues. He stated that he is excited to be present and eager to get started in the New Year. He stated that as he reflects back his new list looks like his old list. He stated that no one is listening and do not care. He stated that he thinks that the City needs to put more attention on God, voting, school discipline, boot camp, quality control in the City, and race relation. He stated that the City has jumped all around this and have not touched on the subject. He stated that he plans on coming and talking on that area and that he is going to do the best he can and get the City on one accord with the race relation. He stated that he hopes that everyone have a Happy Thanksgiving. Joye Carter, 303 High Street, stated that she has been a property owner for many years. She stated that she moved back full-time right after Labor Day. She stated that she came to Petersburg and fell in love with Petersburg homes. She stated that her mom lived in the City since 1996 and taught disadvantage children for many years. She stated that when she moved here and brought her home in 2005 she was given a warning by her realtor about the High Street Association. She stated that she was told that they can be a little tough. She stated that she was not given any information on the Architectural Review Board. She stated that every time that she does something to try and improve her property she was slapped down a couple of notches. She stated that she managed to work through many of those things. She stated that after she moved back in September she was out and about on October 29. She stated that she had painters painting her roof. She stated that she came back and looked at her roof and said that this was not the right color. She stated that called the painter and that he had already been called by someone from the City. She stated that she was like really and that the paint was still wet. She stated that she found out that someone had driven out during the day and looked at the roof of her porch and came on her porch and interrupted the painters. She stated that  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 15 – ______________________________________________________________________________ the City official called the contractors and told them that paperwork needed to be filled out. She stated that she went and filed a COA for her storm windows to be painted bronze. She stated that she had found out that the preservation planner was the person that came out to her house. She stated that when she asked about the windows being trimmed bronze it became an issue. She stated that it seemed minor and that she begins looking through the neighborhood. She stated that she understands that it is a historical neighborhood but that people have to live there. She stated that there is a bias. She stated that she does not think that it is all racial and that many neighbors are thinking the same. She stated that she is asking them to make ARB more users friendly so that when people come they would like to invest in the homes. Mamie Hamilton, 1216 Northampton Road, stated that it has been a year and that she really did not want to come back. She stated that the last time that she was present it was to complain about her driveway. She stated that at the foot of her driveway there is a speed bump. She stated that she is pretty sure that everyone knows what a speed bump is. She stated that she gave some pictures to some of the Council Members and to Mr. Hicks. She stated that they were going to look at it and fix it. She stated that when you go in it is bumpy and the same coming out. She stated that when it rains the water now goes up the driveway. She stated that when it is a big rain it just flows over to the street. She stated that there is a drain by her driveway. She stated that when everyone cuts grass and the leaves fall in the drain it backs up the driveway. She stated that she does not want to be a bad person. She stated that it is worse now than it was at first. She stated that if possible can they remove the speed bump and she will take care of the rest. She stated that she did go down to the Mayor’s Office but no one was present and she went to the City Manager’s Office and he was out as well. 8. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of providing funds for the Foster Grandparent program. BACKGROUND: At this time, Council has a $35,000 appropriation that it has not determined how to disburse. Based on a request at the last Council meeting, it is recommended that $5,000 of the funds be appropriated to the Foster Grandparent Program. The Program is no longer being sponsored by the Crater District Area Agency on Aging. In the event that Council decides to distribute funds to each Council Member for use in their individual Wards at a later date, the remaining $30,000 will be divided among the 7 members of Council. RECOMMENDATION: Recommend Council approve funding of the Foster Grandparent Program. William Johnson, City Manager, gave a brief overview of the consideration of providing funds for the Foster Grandparent program. Council Member Myers made a motion to approve the funding of the Foster Grandparent Program in the amount of $5,000. The motion was seconded by Vice Mayor Webb. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett b. Consideration of a Resolution permitting a pilot program to study Vote Centers for a period of three (3) years. BACKGROUND: Election costs are borne by the taxpayer and the Petersburg City Electoral Board has determined that the costs of Primary Elections, as compared to General Elections, are an extraordinary burden on the treasury because voter turnout is exceedingly low. RECOMMENDATION: Recommend Council adopt the attached Resolution. William Johnson, City Manager, gave an overview of the resolution permitting a pilot program to study Vote Centers for a period of three (3) years.  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 16 – ______________________________________________________________________________ There was discussion among City Council Members and staff. Vice Mayor Webb made a motion to approve the resolution permitting a pilot program to study Vote Centers for a period of three (3) years. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-R-50 A RESOLUTION SUPPORTING IMMEDIATE ACTION BY THE GENERAL ASSEMBLY AND GOVERNOR TO ENACT LEGISLATION THAT ALLOWS THE CITY OF PETERSBURG TO RUN A PILOT PROGRAM TO STUDY VOTE CENTERS FOR A PERIOD OF THREE (3) YEARS. c. Consideration of a Resolution authorizing the application for Industrial Revitalization Funds for property addressed as 423 Third Street. BACKGROUND: There is a proposal to create a mixed-use project consisting of a brewery, restaurant, and residential space located at 423 Third Street in Petersburg, Virginia. In its current condition, the property is a significant deterrent for economic opportunity in the area. RECOMMENDATION: Recommend Council adopt the attached Resolution. Vice Mayor Webb made a motion to adopt the resolution authorizing the application for Industrial Revitalization Funds for property addressed as 423 Third Street. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-R-51 A RESOLUTION ALLOWING THE CITY OF PETERSBURG TO APPLY TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT INDUSTRIAL REVITALIZATION FUND. d. Consideration of a Resolution requesting VDOT to program an urban system project using the City’s Urban Allocation Funds for the I-95, Exit 52 Bridge Fence Replacement project on Washington Street. BACKGROUND: The Cameron Foundation studied five gateway projects that would enhance the appearance of the Southside Virginia Gateways. Of the five, Exit 52 was identified as a project at a cost of $1,400,000. The Cameron Foundation, City staff and VDOT have had a series of meetings to discuss the design and funding of project. As a result, the Cameron Foundation has completed the Concept and Schematic Design for Exit 52 project with City staff’s concurrence. The Cameron Foundation will fund the design and 50% of the construction cost ($700,000). The City will use urban allocation funds to pay the difference. VDOT has advised that urban allocation funds are eligible to be used for this project. RECOMMENDATION: Recommend Council adopt the attached Resolution requesting VDOT to program an urban project with transfer of previous urban allocation funds in the amount of $700,000 from UPC 15832 (Rives Road) to the Exit 52 project and authorize the City Manager to enter into a project administration agreement with VDOT to project and authorize the City Manager to enter into a project administration agreement with VDOT to provide the necessary project oversight. Council Member Ross made a motion to adopt the Resolution requesting VDOT to program an urban project with transfer of previous urban allocation funds in the amount of $700,000 from UPC 15832 (Rives Road) to the Exit 52 project and authorize the City Manager to enter into a project administration agreement with VDOT to project and authorize the City Manager to enter into a project administration agreement with VDOT to provide the necessary project oversight. The motion was seconded by Vice Mayor Webb. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 17 – ______________________________________________________________________________ 14-R-52 A RESOLUTION AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE PROJECT ADMINISTRATION AGREEMENT AND ANY RELATED DOCUMENTS FOR THE PETERSBURG I-95 EXIT 52 BRIDGE FENCE REPLACEMENT ON WASHINGTON STREET PROJECT. e. Consideration of the appropriation of VDOT Revenue Sharing funds for the U.S. pavement overlay maintenance for County Drive (U.S. Route 460). BACKGROUND: The City of Petersburg made application for and received approval of funding for the County Drive (U.S. Route 460) Pavement Overlay Maintenance project as part of the VDOT Revenue Sharing Program. The project consists if rehabilitating the pavement on U.S. Route 460 (County Drive) on the east and west bound from Hickory Hill Road to Petersburg City limits. The total length is approximately 2 miles. The total length is approximately 2 miles. The total cost of the project will be $3,500,000 and thee is a one-to- one match. The City’s share is $1,750,000 and VDOT’s share is $1,750,000. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance in the amount of $1,750,000. Vice Mayor Webb made a motion to adopt the appropriation ordinance in the amount of $1,750,000. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-ORD-107 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 $3,500,000 FOR PUBLIC WORKS-U.S. ROUTE 460 OVERLAY PAVING. f. Consideration of the appropriation of a grant received by the Sheriff’s Office. BACKGROUND: The Petersburg Sheriff’s Office received funding from the Attorney General’s Office for a comprehensive Virginia Judicial and Courthouse Security program designed to enhance and sustain the personal safety and security of Virginia’s judiciary and their families through long-term partnerships with Virginia’s Sheriff’s Offices. Threats nationwide against judicial personnel have quadrupled in the last decade. Deputies across the Commonwealth will be trained to offer direct security services and conduct awareness and educational programs for judges, their families, and other courthouse personnel. The Petersburg Sheriff’s office will contract with Virginia Center of Policing Innovation (VCPI) at a cost of $423,000 to develop a comprehensive educational and development program aimed at increasing the safety of Virginia’s judges and their families and others working in the judicial system. VCPI is a nationally recognized public-safety training provider with more than fifteen years of expertise in developing and delivering the highest quality training, technical assistance, and web-based technology-enhanced targeted initiatives. The work will be completed in an 18 month period. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance in the amount of $423,000. Council Member Wilson-Smith made a motion to adopt the appropriation ordinance in the amount of $423,000. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett 14-ORD-108 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 $423,000 FOR SHERIFF DEPARTMENT-VCPI  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 18 – ______________________________________________________________________________ GRANT. g. Consideration of the transfer of funds from the Hospital Trust Fund account to the Unassigned General Fund balance. BACKGROUND: The Hospital Trust Fund account was established during the building of the hospital some 30 or more years ago. Prior to FY12, revenues were budgeted in the General Fund as a contribution to General Fund. Transferring these funds to the Unassigned General Fund Balance will allow for a margin of safety against unforeseen expenditures. Policy was adopted by Council previously on the key provisions of the Unassigned General Fund Balance. RECOMMENDATION: Recommend approval of the transfer of funds. Council Member Wilson-Smith made a motion to approve the transfer of funds from the Hospital Trust Fund account to the Unassigned General Fund balance. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett h. Consideration of the City of Petersburg’s 2015 Legislative Agenda. BACKGROUND: Each year, prior to the General Assembly, Council prepares a Legislative Agenda listing the City’s legislative priorities. Upon Council’s approval, the Legislative Agenda will be submitted to members of the City’s legislative delegation for their consideration. RECOMMENDATION: Recommend Council approve the attached 2015 Legislative Agenda. Council Member Myers made a motion to approve the 2015 Legislative Agenda. The motion was seconded by Council Member Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Myers, Ross, Wilson-Smith, Webb, and Moore; Absent: Pritchett Council Member Coleman stated that he plans to have his last Ward Meeting of the year on December 29, 2014, at 6:30pm at A.P. Hill Elementary. He stated that he is asking the City Assessor to be the guest speaker. Council Member Myers stated that he would like to wish everyone a Happy Thanksgiving and to thank everyone for the second opportunity to support the City. Council Member Wilson-Smith stated that she has seen some commercials on television and that they are called “Experience Petersburg.” She stated that they are not very long but that they are powerful commercials. She stated that she would like to thank everyone for electing her for a second term and a Happy Thanksgiving to everyone. 9. CITY MANAGER’S AGENDA: a. City Manager’s report 1. In several parts of the City, there is a severe issue with gutter drains being clogged. Are different tops able to be placed in order to drain the area faster and more efficiently? The City continues to clean drop inlets (gutter drains) at those locations that are clogged. The City is currently assessing the City's drainage system to improve the City's aging infrastructure. As part of the CIP, new tops will be part of the City's improvement plan. The major cause of clogged drop inlets is litter. The City encourages citizens to dispose of trash/liter in an appropriate trash receptacle.  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 19 – ______________________________________________________________________________ 2. Are City inmates able to cut grass in areas that have received citations vs. contractors being hired? City inmates can assist in cutting grass at the City's parks, cemeteries, and roadsides. Inmates cannot perform any services on private property. 3. Do police go under psychological evaluations or sensitivity training? Yes, officers undergo psychological evaluations by an independent psychologist as part of the hiring protocol. Officers also have confidential access to mental health professionals, if needed, at any time. All police personnel receive training in various topics under the umbrella of “sensitivity training”. 4. Can the ‘no mow zone’ at Defense Road be further away from streets and residential areas? They are placed in locations as part of our environmental plans (MS4) for maintenance/operations practices. 5. Is there any money for neighborhood watch programs? Yes, the City has Neighborhood Watch programs and support for these programs is in the police department’s annual budget. There are active programs in over 60 Petersburg communities. If a citizen lives in a community without an active Neighborhood Watch, the department has resources to help get a group get established. Information can be obtained by calling the police non-emergency line at 804-732-4222. 6. How will City Council ensure that each person who speaks at the Public Information Period receives the same amount of time to speak? We will make that sure that once the buzzer goes off that the person speaking ends their remarks. This way everyone is treated equally and fairly with the time limit that everyone is given during the public information period and during the public hearings. Mr. Johnson stated that he would like to redirect everyone back the Legislative Agenda. He stated that one of the other additional items that they put in the packet is the Petersburg Family Stabilization Initiative. He stated that they are requesting $250,000 from the General Assembly to reestablish the Petersburg Family Stabilization Initiative. He stated that it is his understanding that the City had implemented a very successful program in 2009 with focus on comprehensive in social services and other key areas. b. Update on potential use of the Petersburg Library as the location of City Council’s meetings. BACKGROUND: Council requested that staff explore the possibility of changing the location to hold City Council’s meetings from the Train Station to the Petersburg Library. Following staff’s visit to the Library, it was determined that the Library is not a suitable location to hold City Council meetings for the following reasons:  Due to the Library’s meeting room size, only 50 citizens would have the opportunity to attend Council meetings.  The acoustics in the room are not favorable for a large meeting; and  Placement of a projection screen and podium may limit viewing and participation. RECOMMENDATION: For information only.  Minutes from the Petersburg City Council meeting held on: November 25, 2014 - 20 – ______________________________________________________________________________ Mr. Johnson stated that a committee of City employees and himself went over to attempt to set the community room up at the library as if it was a Council Meeting. He stated that given the smallness of the room and the inability to have appropriate space and lack of seating it is recommended that they do not move the Council Meetings to the library. Mr. Johnson stated that he would like to wish the Mayor, City Council, the City employees, and all the citizens in the City a Happy thanksgiving. He stated that they are to remember as well to be in the mindset to eat healthy and exercise during the holiday season. 10. CLERK OF CITY COUNCIL'S AGENDA: Nykesha D. Jackson, Clerk of Council, stated that she would like to wish everyone a Happy Thanksgiving. 11. CITY ATTORNEY’S AGENDA: Brian Telfair, City Attorney, stated that he would like to wish everyone a Happy Thanksgiving. 12. CLOSED SESSION (IF NECESSARY): No closed is necessary. 13. ADJOURNMENT: Council Member Coleman moved for adjournment. The motion was seconded by Council Member Myers. There was no discussion. The motion was approved on roll call vote City Council adjourned at 9:40 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor